Terms & Conditions McReal Online Networks Systems Limited through her NairaDomains.com provides domain registration as well as other ancillary services to many customers, and accordingly has a responsibility to protect each customer and to provide the best services available. This Registration Agreement therefore sets forth the terms and conditions under which these services are provided. DEFINITIONS "ICANN" means the Internet Corporation for Assigned Names and Numbers. "NairaDomains.com" represents the domain name management arm of McReal Online Networks Systems Limited. "Purchasers" means an entity authorized by NairaDomains.com, which selects and registers TLD domain names for self and on behalf of third parties on NairaDomains.com real-time registration system. "Registrant" means the applicant for, and on registration the holder of a TLD domain; "Customer" means the registrant for whom Purchaser accesses as the agent for the domain name; "Domain Name Account" or "Account" means the credit or debit account established by NairaDomains.com for Purchasers; "TLD" means the Top Level Domain; "SLDb" means the Second Level Domain; Before becoming a Purchaser, and registering domain names, you must acknowledge that you have read, understood, and have expressed your consent to be bound by all the terms and conditions of this agreement, any rules or policies of NairaDomains.com, and / or ICANN that may be established from time to time. This agreement sets forth the terms and conditions agreed to between you, the Purchaser, listed above, and NairaDomains.com. This agreement as well as any additional rules and policies which may be added, constitute the complete and exclusive agreement between you and NairaDomains.com concerning your use of the NairaDomains.com's services, and supersedes all prior proposals, agreements, or other communications. Domain territory NairaDomains.com can choose to redirect a domain name to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for any purpose, if a Domain has expired, or is suspended, or does not contain valid Name Servers to direct it to any destination. Registrant acknowledges that NairaDomains.com cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, trademark rights, of Registrant or any third party, or that the content displayed due to such redirection is inappropriate, or in violation of any federal, state or local rule, regulation or law, or injurious to Registrant or any third party or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection. Pricing & Prepayments NairaDomains.com does not charge a membership fee to purchasers. To begin registering domains, NairaDomains.com members are required to prepay for a minimum of 1 generic top level domains for the single purchase plan or a minimum of 5 generic top level domains for the bulk purchase program. This prepayment may be subsequently used for any NairaDomains.com service (such as TLD domain registrations or value added services). Purchasers who prepay the minimum amount receive Bronze level pricing. Members may immediately secure lower prices (Silver, Gold, and Platinum levels) by making larger prepayments, or by purchasing an equal amount (in total Nigerian Naira) of domain services over time. Specific details of the NairaDomains.com pricing policy (including actual prices) are available online at the following URL: http://www.nairadomains.com/prices.php. NairaDomains.com reserves the right to change its pricing policy at any time by updating this online document. Refunding Prepayments If you decide you would like to discontinue your relationship with NairaDomains.com as a purchaser, we will refund any unused funds in your account, minus a N2,500 processing fee. This fee is not payable within the first 30 days of signing up, to support our 30-Day Money-Back Guarantee. For the calculation of the refund, there will be an adjustment if the number of domain names you registered is less than the minimum number at the level you joined at, or upgraded to. For example, if you originally prepaid N150,000 for 120 .com, .net, & .org domains (Platinum level), but decide to close your account after registering just 10 domains (Bronze level), you will be charged N2,000 per domain name (the Bronze price) instead of N1,250 a domain name (the Platinum price). You will therefore be refunded as follows: N150,000 - N2,500 - N20,000 (10 x N2,000) = N127,500 total refund. If you wish to close your account, please e-mail us at support@nairadomains.com.com. Refunds take 4 to 6 weeks to process. Quick response We will try our best to resolve any problems about business or technology at an earliest time. Purchasers agree to provide technical support to its own customers and NairaDomains.com agrees to provide technical support to Purchasers. Modification and notices This Member Agreement as well as our services are subject to change from time to time. NairaDomains.com will post such changes to this website. Purchasers are therefore expected to visit this page and keep themselves abreast of changes all the time. Fee Policy As consideration for the NairaDomains.com's domain name registration, administration, and renewal services, you agree to pay all initial registration fees and applicable renewal fees with respect to each domain name registered at the time of registration or renewal. 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. We also reserve the right to change domain name registration and renewal fees at any time for any reason at our sole discretion. If you do not pay any initial fees or renewal fees when due or in the event of any charge back of any payment at any time, we will have the right to immediately cancel all TLD names for which payment was not received, without further notice. In the case of renewals, we will notify the billing contact on the WHOIS directory with respect to the TLD name eligible for renewal, and it shall be your responsibility to ensure that all such fees are paid prior to the expiration of the term of registration of each TLD name you wish to renew. You agree that we shall have no liability whatsoever with respect to any such cancellation. No Guarantee of Registration or Renewal By signing this agreement, you agree that NairaDomains.com cannot guarantee you will be able to register or renew any specific domain name, even if your inquiry indicates that domain name is available. Even if a domain name appears to be available, you acknowledge that NairaDomains.com cannot know with certainty whether or not another party is simultaneously seeking the domain name you are seeking to register, or whether there are any inaccuracies or errors in the domain name registration or renewal process or in the WHOis and other databases. You also agree that NairaDomains.com may elect to accept or reject your application for registration or renewal for any reason at its sole discretion. Such rejection may include, but is not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also agree that NairaDomains.com is not liable or responsible in any way for any omissions, errors 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. You also agree to indemnify, defend and hold harmless the applicable registry administrator and its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, expenses, and costs (including reasonable legal fees and expenses) arising out of, or related to, your submission for and registration, renewal, or failure to register or renew a particular domain name or names After Expiration of The Term of Domain Name Registration. You agree that we may, but are not obligated to, allow you to renew your domain name after its expiration date has passed. After expiration of the term of a domain name registration services and before deletion of the domain name in the applicable registry's database, you acknowledge that we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and you acknowledge that we may either leave your WHOIS information intact or that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. After expiration of the term of domain name registration services, you acknowledge that certain registry administrators may provide procedures or grace periods during which expired domain name registrations may be renewed. You acknowledge that you assume all risks and all consequences if you wait until close to or after the end of a domain name registration term to attempt to renew the registration. You acknowledge that we, for any reason and in our sole discretion, may choose not to participate in a post-expiration renewal of a domain name and that we shall not be liable therefore. You acknowledge that post-expiration renewal or redemption processes, if any, involve additional fees which we may determine. You acknowledge and agree that expired domain name(s) may be made available to be registered or re-registered to any party at any time. You agree that after expiration of the term of a domain name registration we may, for a period of 15 days, either i) remove the domain name from the zone of the top-level-domain (meaning that the domain name will no longer resolve), or ii) direct the domain name to name-servers and IP address(es) of website(s) designated by us, including, without limitation, to IP address(es) which host a parking page or a commercial search engine. You agree that either are functionally equivalent to ICANN's or a registry's redemption grace period, which would normally occur after deletion. If we exercise our rights under this provision, and if you do not transfer the domain name services to another registrar nor contact us to pay for and renew the domain name prior to the end of the 30 days, you agree that you have abandoned the domain name. After this 15 day period, you agree that we may, possibly via a sub-contractor, solicit and provide for a third party to pay to renew the domain name's registration term and to allow such a third party to assume complete control over the domain name services as a registrant name. Alternatively, if you do not contact us to renew the domain name registration services during the 15 day period described above, and if we are unable or unwilling to allow such a third party to assume complete control over the domain name services as a registrant, you agree that we may either (i) delete the domain name at any time thereafter or (ii) that we may pay the registry free or otherwise allow it to continue to be registered with the WHOIS information previously provided by you and pointing to the name-server(s) and IP address(es) designated by us, and that we will not remove it from the TLD zone. In the latter event, the name will be designated as being in the extended redemption grace period ("ERGP"), and you will be allowed to assume, during the first 90 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS information, provided that you pay a fee of N30,000 (Nigerian Naira). After the end of the 90-day period, if you do not exercise your rights under this provision, you agree that you have abandoned the domain name services, and relinquish all rights and use of the domain name services, and that you are no longer the registrant of the domain name, and that we may list ourselves or another party as the registrant of the domain name in the WHOIS information. If we exercise our rights under this provision and you do not wish to be listed as the registrant and you wish to forego your option under this provision to pay to renew the domain name registration services for the then-current registration term, you may notify us before the end of the 90-day period and request that we remove your information from the WHOIS record for the domain name, in which case we, or a third party we designate, will be listed as the registrant, and in which case you relinquish all rights and control over the domain name services, and in which case we may i) continue to point the domain name to IP address(es) designated by us, or ii) we may delete the domain name from the applicable registry's database. ANNOUNCEMENTS: You agree that we may distribute information to you that is pertinent to the quality or operation of our Service(s) and the services of your Primary Service Provider which utilize our Service(s). These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet and/or they may include information or announcements which ICANN, the registries, or others may require us to distribute. Term & Registration Period. The term of this Agreement will continue to be in force during the time in which you have any TLD name registered through us. At your discretion, we will register each TLD name for a period of one (1) to ten (10) years for .com, .net and .org. Overview of Dispute Policy. By signing this agreement, you agree to be bound by our Uniform Domain Name Dispute Resolution Policy. Any disputes regarding the right to use your TLD name will be subject to this Dispute Resolution Policy (the Dispute Policy). NairaDomains.com may modify the Dispute Policy at our sole discretion at any time in accordance with the ICANN Agreement or any ICANN/Registry Policy. Your continued use of our registration services after modification to the Dispute Policy effectively constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your TLD name be cancelled or transferred to another registrar. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your TLD name is challenged by a third party. Registration Data. When you register or transfer a domain name, you are required to provide us with certain information. This information includes: Your full name, postal address, e-mail address, voice telephone number, and fax number if available; The name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; The full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the TLD name; The full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the TLD name; The name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the TLD name; and You agree to update this information to keep it current, complete and accurate. You also agree and understand that the foregoing registration data will be publicly available and accessible on the WHOIS directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Agreement. OBLIGATIONS OF NairaDomains.com NairaDomains.com agrees to comply with all the terms and conditions in this Agreement. NairaDomains.com agrees to provide real-time registration system to purchasers. NairaDomains.com will release the newest wholesale prices and policies on www.nairadomains.com website from time to time. NairaDomains.com does not guarantee that each individual Purchasers will specifically be notified of these price changes. NairaDomains.com will provide automatic system for inquiry. OBLIGATIONS OF THE MEMBER As part of the registration of top-level domain names, the Purchaser shall submit all data required on the www.nairadomains.com website. The Purchaser agrees to develop and implement all necessary technology and restrictions to ensure that its connection to the NairaDomains.com, and all transmissions are secured. Each such transmission shall be authenticated and every connection with the NairaDomains.com will be done by using Purchaser's password, which it shall disclose only to its employees on a need to know basis and shall notify NairaDomains.com within four hours of learning that its key or password has been compromised in any way. The Purchaser shall employ all necessary employees, contractors, or agents with sufficient technical training and expertise to respond to and fix all technical problems concerning the use of the NairaDomains.com or its Software in conjunction with its systems. The Purchaser agrees that in the event of unexpected technical difficulties, or at any time deemed necessary by NairaDomains.com, NairaDomains.com may in its sole discretion; temporarily suspend access to www.nairadomains.com Inaccurate or Unreliable Data. If purchaser deliberately provides inaccurate or unreliable information, or fails to promptly update necessary information, or fails to respond to our email inquiries within five calendar days, such actions shall constitute a breach of this Agreement. Privacy Policy All personal data collected by us will be used in connection with the registration of your TLD name(s), for the purposes of this Agreement and as required or permitted by the ICANN our our privacy policy. NairaDomains.com knows the importance of keeping your information private. By signing this agreement, you agree to accept the guidelines described herein. Information collected by NairaDomains.com Here are the types of information we gather from NairaDomains.com's visitors: Information entered on our website or given to us in any way are collected and stored in our system. Internet Corporation for Assigned Names and Numbers ("ICANN"), an organization that assumes responsible for domain name allocation, requires information about you during the domain name registration process. The information includes: name, address, phone number, email address and fax. How the information is shared: It is required by ICANN that your name, address, phone number, email address and fax together with the creation and expiration dates of your domain name registration and the nameserver information associated with your domain name, be made available to the public via an interactive Web page and a "port 43" WHOIS service. Please note that NairaDomains.com may not be able to control how members of the public may use the WHOIS information. Sites Other than NairaDomains.com NairaDomains.com will not be responsible for content or privacy policies of other Web Sites such as advertisers we may link to or those that link to our site. This Privacy Statement is only responsible for the information collected on NairaDomains.com's site. License of TLD Names. When you license use of a TLD name to a third party, you remain the holder of record, and you acknowledge that you remain responsible for providing and updating your own full contact information and for providing and updating accurate technical, administrative, and billing contact and other information in accordance with this Agreement. You shall accept liability for harm caused by misuse of a TLD name you have licensed to a third party, unless you quickly disclose the identity of the licensee to a party providing you reasonable evidence of actionable harm. Change of TLD Holder Procedure. If you transfer any TLD name, you agree to abide by the policies and procedures relating to the transfer of TLD names as may be adopted by us and modified by us from time to time. These policies may require, among other things, the submission of hard-copy records of transfer of ownership, the submission of information concerning the transferor and transferee and the transfer, including but not limited to the information respect to the transferee, and may impose reasonable information collection and record keeping obligations on you. Such policy and procedure may require you upon such transfer to relinquish all control over the TLD name transferred. Required and Prohibited Reselling Practices. You are required to inform any person or entity registering a TLD name with us through you or your account that your customer(s) are registering their TLD name through us. You shall not make representation, directly or by implication, that you are a registrar or have direct or superior access to the Registry or that you are a registrar or accredited or otherwise affiliated with ICANN. You also agree not to employ or display the ICANN mark or logo on your website or any materials used by you in your business. Record Keeping Requirements. You agree to obtain evidence of each Customer's agreement to the then current Registration Agreement electronically (e.g. by "click") or by hardcopy signature, and to retain for a period of three (3) years evidence of such agreement. You may require Customers using your services to agree to additional terms and conditions, provided that such terms and conditions do not conflict in any manner with the provisions of this agreement or any ICANN Policy. Customer Support; Registration Data and Updating Requirements. You agree to provide adequate customer service including billing and technical support. You also agree to modify and update your customer's TLD information so that our database contains correct and up to date domain name related information. You acknowledge that if you don't make appropriate changes to your Customer's TLD name(s) in conformity with the written or e-mailed instructions from such Customer(s) within ten (10) business days after delivery of such instructions, that lack of action shall constitute a breach of this Agreement. You also agree that making inaccurate or deceptive modifications to any Customer's registration data that has not been authorized by such Customer in writing or by e-mail is a violation of this agreement. You agree to retain copies of all communications and other correspondence between you and Customer relating to the registration of TLD names with NairaDomains.com and to provide us with this communication upon request. Policies Regarding Use of Our Services. Suspension, Cancellation or Transfer of TLD Name. You agree that your eligibility to use NairaDomains.com's registration services is subject to termination or suspension, and your ability to register or modify any particular TLD name is subject to suspension, cancellation, or transfer: At any time pursuant to any ICANN/Registry Policy now in effect or hereafter adopted, To correct mistakes by us, another accredited registrar or the Registry in registering TLD name(s), including but not limited to the correction of erroneous or inadvertent deletions of TLD names, or in connection with the resolution of disputes in accordance with the Dispute Policy, or In the event of any breach of any representation, warranty, agreement or other provision of this Agreement, upon e-mail notice of such breach and the expiration of a fifteen (15) calendar day cure period. Limitations on Use of Services. You agree not to use our services or website or permit any person or entity through you to use our services or website for: The transmission of unsolicited, commercial e-mail (Spam); or High volume, automated, electronic processes that apply to the Registry for large numbers of TLD names, except as reasonably necessary to register TLD names or modify existing registrations; or High volume, automated, electronic, repetitive queries except as reasonably necessary to register TLD names or modify existing registrations. Use of Agents. You agree that, if your agent (e.g., an Internet Service Provider, employee, etc.) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy. Your continued use of our services shall ratify any unauthorized actions of your agent. By acting on your behalf, your agent certifies that he, she or it is authorized to apply for our services on your behalf, that he, she or it is authorized to bind you to the terms and conditions of this Agreement and that he, she or it has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund fees paid by you or your agent on your behalf for any reason, including, but not limited to, in the event that your agent fails to comply with the terms and conditions of this Agreement, your agent incorrectly provides information in the application process or if your agent changes or otherwise modifies your TLD name record incorrectly. TLD Name Transfers Between Sponsoring Registrars. You agree that you may change sponsoring registrars for any existing TLD name only in accordance with ICANN/Registry Policy and further agree that you may not change sponsoring registrars with respect to any TLD name for a period of sixty (60) calendar days after registration of such TLD name with us. In connection with any transfer by you of TLD name(s) from one registrar (the "Former Registrar") to us: You represent and warrant that: You are either the TLD Holder, the administrative contact or the technical contact with respect to the TLD name(s) being transferred; and If transferring a TLD and on behalf of a Customer, you have been granted the authority by such Customer to affect each such transfer. To initiate a transfer of sponsoring registrars from a Former Registrar to us, you shall notify us of the TLD name(s) you wish to transfer to us and we will, upon receipt of such transfer request, forward to you a Confirmation of Transfer. You agree to confirm the accuracy of the Confirmation of Transfer and assent to the Confirmation of Transfer before being permitted to continue. We will affect the proposed transfer of sponsoring registrars from the Former Registrar only after the following conditions have been met: We have received evidence of your assent to the Confirmation of Transfer and all transfer fees associated with the transfer(s) have been paid in full; and If the transfer involves a TLD name held by a TLD Holder other than you and we have notified such TLD Holder via the Administrative Contact of the proposed transfer and provided such Administrative Contact with a period of time to confirm or object to such transfer, not to exceed 10 business days, such waiting period shall have expired or the express consent of such Administrative Contact shall have been obtained. You agree and understand that we will affect the registration using the registration data on file with the Former Registrar immediately prior to transfer, and understand that we may, at our discretion, limit your ability to make post-transfer changes to registration data for a reasonable period of time following transfer, not to exceed 15 business days. 9.5. When we make a request to the Former Registrar (via the Registry) to transfer a TLD name registration to us from the Former Registrar, you agree to pay us the applicable fee(s) as then in effect with respect to such transfer and agree to comply with the applicable change in registrar policy. LICENSE AND SOFTWARE You agree that NairaDomains.com owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name and other proprietary information databases, and all information and derivative work generated from those databases. Additionally, you hereby grant to NairaDomains.com a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction the following information: The original creation date of a domain name registration, The expiration date of a domain name registration, 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, Any remarks concerning a registered domain name that appear or should appear in a WHOIS or similar database, and Any other information we generate or obtain in connection with the provision of the Services. NairaDomains.com does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name database, as set forth in this agreement. In this Agreement, Software means any CGI script created by NairaDomains.com, the set of technical specifications provided by us, and the real-time Registration system provided by us. NairaDomains.com hereby grants the Purchaser a non-exclusive, non-transferable, worldwide limited license to use the Software to facilitate domain name registration services during the Term. It is intended that the Software will enable the Purchaser to use NairaDomains.com to register domain names on behalf of its top-level domain name holders. Notwithstanding any other provision in this Agreement, the Purchaser shall not, except with the written consent of NairaDomains.com: Sub-license the Software or otherwise permit any use of the Software by another party, Publish, distribute or permit disclosure of the Software other than to employees, contractors and agent of the Member on a needs-to-know basis; Recompile, reverse engineer, copy or re-engineer the Software for any unauthorized purpose; or Use or permit use of the Software in violation of any applicable regulation or law. Although there is no fee attached to the CGI script, it is given with the assurance and reliance that this CGI script will be used for the express and specific purpose of connecting with NairaDomains.com and will not be used with another registrar or their agent. You may only redistribute this CGI script on web sites that you author or that is authored by one of your agents with the explicit understanding that domain names obtained by this CGI script will be derived solely and exclusively from NairaDomains.com. The Purchaser agrees to employ the necessary measures to prevent the NairaDomains.com from being used for: The transmission of unsolicited, commercial e-mail (Spam) to entities other than the Purchaser's customers; High volume automated, electronic, repetitive queries for the purpose of extracting data to be used for the Purchaser's purposes, The use of data to compile or infer customer identity or other demographic or firm information. Terms of Agreement: You will abide by any additional copyright laws that apply to the authorship of this CGI script. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY ACT OR OMISSION OF YOU OR YOUR AGENT (WHETHER AUTHORIZED OR UNATHORIZED) (a) ANY LOSS OF REGISTRATION OF ANY TLD NAME, (b) THE USE OF YOUR TLD NAME OR PASSWORD, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND US; (e) EVENTS BEYOND OUR CONTROL; (f) THE PROCESSING OF ANY TLD NAME REGISTRATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR TLD NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR REGISTRATION OF THE TLD NAME IN CONTROVERSY DURING THE PRIOR ONE (1) YEAR PERIOD. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR SOFTWARE OR WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR SOFTWARE OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR WEBSITE WILL BE CORRECTED. WE DO NOT WARRANT NOR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF OUR SOFTWARE OR WEBSITE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. Indemnity. You agree to defend, indemnify and hold us harmless and any applicable TLD name registry, including NairaDomains.com, and the shareholders, directors, officers, employees, affiliates and agents of us and them, from and against any loss, damages or costs, including reasonable attorneys' fees, resulting from any claim, action, proceeding, suit or demand arising out of or related to: Any TLD name registered by you or the transfer or use thereof, Any dispute concerning a TLD name, Your breach (or the breach by any of your officers, agents, employees or other representatives) of any agreement contained in this Agreement, or Any cancellation, suspension (e.g. registrar lock or hold) or transfer of any TLD name in accordance with this Agreement. This indemnification is in addition to any indemnification required under the Dispute Policy. Web Hosting. NairaDomains.com's web hosting service is provided under the terms and conditions of McReal Online Networks Systems Limited, stated here, and you agree to be irrevocably bound by these policies as well. Representations and Warranties. You represent and warrant that all information provided by you in connection with your registration is complete and accurate. You represent and warrant each time you register a TLD name that, to the best of your knowledge and belief, neither the registration of the TLD name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. In applying for a TLD name, you represent and warrant that the registration is not made in bad faith and that the name does not conflict with another TLD name. We make no representation or warranties of any kind in connection with this Agreement. Specifically but without limitation, we do not represent or warrant that registration of your TLD name will immunize you from challenges to your TLD name. We are not bound by nor should you rely on any representation or warranty made by any agent, representative or employee of any third party that you may use to apply for our services. Breach and Revocation; Notice of Cancellation, Etc. Except as otherwise specified in this Agreement, any breach by you of this Agreement or the Dispute Policy must be remedied by you within five (5) business days following e-mail notice by us to you. Such notice shall be deemed delivered when sent to the e-mail address then on record for your administrative contact in the WHOIS directory. If you fail to cure the breach within such cure period, we may terminate this Agreement, cancel your registration of the TLD name(s), transfer such TLD names to another person or entity and/or seek any remedy available at law or in equity including but not limited to obtaining an injunction or specific performance. Our remedies shall not be deemed exclusive and affecting any one or more of the foregoing remedies shall not be deemed an election of remedies. Except as otherwise specified in this Agreement, notice of revocations, suspensions, transfers, or cancellations of your TLD name(s) by us pursuant to this section will be provided to you within five (5) business days following the taking of such action. Cancellation During Preliminary 30 Day Period; Right of Refusal to Register. Pursuant to ICANN Registry Policy, we reserve the right to refuse to register any TLD name(s), or to cancel, transfer or suspend any TLD name(s) registered with us within the first thirty (30) calendar days following receipt of your payment for such registration(s). In the event we do not register a TLD name or we cancel or transfer a TLD name within such thirty (30) calendar day period, we agree to refund any applicable fee(s) with respect to such TLD name that you have paid to us. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register any TLD name(s) or the cancellation or transfer of any TLD name(s). Governing Law THIS AGREEMENT AND ALL RIGHTS HEREUNDER SHALL BE GOVERNED BY THE LAWS OF A TERRITORY AS MAY BE SPECIFIED BY NAIRADOMAINS.COM AND THE PURCHASER SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS. Notices. Except as otherwise specifically stated herein, you agree that all notices from us to you shall be delivered by posting such notices on our website and shall be deemed delivered and effective fifteen (15) calendar days after such posting. Notices from you to us shall be by e-mail to our appropriate e-mail address as specified on our website, and shall be deemed delivered when received by e-mail, or notices shall be in writing by first class mail to McReal Online Networks Systems Limited and shall be deemed delivered five days after receipt of such mails. The foregoing notwithstanding, you understand and agree that any e-mails received by us from any e-mail address provided to us or set forth as a contact address (whether billing, technical or administrative) with respect to your TLD name shall be deemed to have been sent by you or your duly authorized agent having the actual and apparent authority to act to bind you. We intend to rely on any such correspondence. General. This Agreement, our fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior or concurrent proposals, agreements, or other communications. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between you and us. Our failure to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement, but such provision shall be automatically amended and replaced with a provision that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. No provision of this Agreement, including our fee schedule and the Dispute Policy, may be amended or modified by you except by means of a written document signed by us. We may modify this Agreement at any time by posting such modification(s) on our website. Such modifications will become effective 15 calendar days after posting. Your continued use of our registration services after such modification(s) become(s) effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your TLD name(s) be cancelled or transferred to another registrar. This Agreement shall not confer any benefits upon any person or entity other than you and NairaDomains.com, and shall not be construed to create any obligation by NairaDomains.com to any non-party.