Agreement


Welcome to the system for the registration of domain names, which is operated by South America
Domains Ltd. ("South America Domains" or "the Company"). The following terms define your
rights and obligations in relation to the registration of domain names. The terms are
formulated in the masculine form for convenience only. You should read and understand
these terms thoroughly. In order to register or to renew domain names via the internet site
operated by the Company at the address http://www.NameFrog.com ("the Website" or
"South America Domains Website"), you must confirm your acceptance of these terms. Once you
have done so, a binding contract will be entered into between South America Domains and yourself. If
you do not consent to these terms and do not wish to enter into a binding contract with the
Company, you will be unable to register or to renew the domain names in which you are
interested, using the services provided by the Company.

Services Provided by the Company

South America Domains provides domain name registration services. The Company is accredited to
provide registration services to the following types of domain names -

· Generic Top Level Domains -gTLDs;
· Country Code Top Level Domains - ccTLDs.

Generic Top Level Domains - gTLDs

South America Domains is an accredited registrar of ICANN for the following Generic Top Level
Domains: .org, .com, .net, .biz and .info, and is fully authorized to supply registration
services for domain names with these suffixes. ICANN is the organization responsible for
supervising the management of the system for registration of Generic Top Level Domains.


The domain names are registered by the domain name registry operators. The domain name
registry operators for the aforementioned suffixes are: VeriSign.Inc Corporation for the .com,
.net suffixes; Public Interest Registry Corporation for the .org suffix; NeuLevel Inc.
Corporation for the .biz suffix; and Afilias Limited Corporation for the .info suffix. You may
register these names through the Website services, as well as change the registration data of
the names you have registered through the Website, and transfer the ownership of these
names.

Country Code Top Level Domains - ccTLDs

In addition to registration and renewal of domain names with the suffixes listed above,
South America Domains supplies registration and renewal services for domain names with suffixes
from various countries, including (but not limited to) the following: il, cc, ac, ws, fm and
others. Various companies manage the registration of these domain names, according to the
suffix you have chosen. By accepting the terms of this Agreement, you hereby confirm that
you have also read and committed yourself to the registration conditions of each of the
registry operators relevant to the domain name you have chosen to register or renew. A
detailed list of the registration conditions, including links to them, appears below.

How Do You Verify that a Domain Name is Available?

You can verify that a domain name is available by answering the series of questions provided
by the Website. At the same time, the domain name Registry is managed by the relevant
registry operators. You hereby declare and confirm that South America Domains cannot guarantee
that the domain name you have chosen to register will indeed be capable of, or available for,
registration. Even if you have checked and discovered, through the series of questions, that
the Name is available - it is possible that parallel, or just prior, to the time of your registration,
it was purchased by a third party, or that the domain name Registry was not updated on time
by the relevant registry operator.


Registering Domain Names

South America Domains only supplies registration services, but does not manage the domain name egistries. The actual registration is performed by the relevant registry operators (the registry
operators for Generic Top Level Domains, and the registry
operators in the various countries for the Country Code Top Level Domains).

You hereby confirm your agreement to the following: (A) The relevant registry operator has
absolute discretion to accept or reject any request to register or renew a domain name, for
any reason, including where it considers that registration of the domain name chosen by you
is prohibited under the rules of registration by which it is bound. (B) The domain name you
have chosen to register or renew will not be listed under your name until the registry operator
has performed the registration or renewal. South America Domains has no control over the registry
operators' actions and cannot guarantee when, if at all, a domain name will actually be
registered under your name. (C) South America Domains is not responsible for any action, decision,
act or omission of any of the registry operators. You hereby confirm that you will have no
claim, demand or action against South America Domains due to any action, decision, act or omission
committed by a registry operator - including, but without derogating from the generality of the
foregoing, the rejection of a request to register or renew the registration of a domain name; in
the event of a failure to actually perform the registration or the renewal of a domain name; or
due to any suspension, postponement or cancellation of the registration of a domain name.
(D) Your domain name registration shall be subject to suspension, cancellation, or transfer
pursuant to any ICANN adopted specification or policy, or pursuant to any South America Domains'
or registry's procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by South America Domains or the applicable registry operator in registering the domain name or (2) for the resolution of disputes concerning the domain name.


In addition, you hereby declare and confirm that the registry operator for domain names with
the suffix .biz has the right to refuse, to cancel or to transfer any domain name registration, as
it shall deem fit and in its absolute discretion: (1) in order to protect the integrity and stability
of the domain name registration with this suffix; (2) in order to comply with any law, regulation
or directive of the enforcement agencies, during a dispute resolution procedure; (3) in order to
avoid any liability, civil or criminal, on its part or on the part of its partners, its subsidiary
companies and its employees and directors; (4) in order to avoid a breach of the agreement
signed between the registry operator and South America Domains regarding the registration service
of domain names with this suffix; (5) in order to correct mistakes on its part or on the part of
any other registrar in the process of registering the domain name. The registry operator may
also suspend a domain name during the resolution of a dispute.


Legal Conflicts and Dispute Resolution

South America Domains will not be a party to any legal conflicts regarding the issue of the registration
of domain names. In all issues relating to the registration of Names, South America Domains will act
in accordance with the instructions of the British Virgin Islands courts and according to its obligations
pursuant to agreements with the domain name registry operators.


By submitting a request to register or renew a domain name with one of the following suffixes: .org, .com and .net, you hereby confirm that you accept the conditions of ICANN's Uniform Dispute Resolution Policy (UDRP) in force from time to time. The updated version of this policy can be viewed on ICANN's Internet site at: http://www.icann.org/udrp/udrp-policy-24oct99.htm. The dispute resolution policy constitutes an integral part of this contract, and you hereby affirm that you have read and understood this document, and that you undertake to comply with its provisions.

By submitting a request to register or renew a domain name with the suffix .biz, you hereby confirm that you accept the UDRP Rules, as well as the Dispute Resolution Rules of domain names with this suffix (The Start-up Trademark Opposition Policy and Rules - STOP and The Restrictions Dispute Resolution Criteria and Rules - RDRP) in force from time to time. These Rules can be viewed at the following sites:
http://www.neulevel.biz/ardp/docs/stop.html http://www.neulevel.biz/ardp/docs/rdrp.html.
These Rules constitute an integral part of this Agreement, and you hereby affirm that you have read and understood them, and that you undertake to comply with their provisions.

By submitting a request to register or renew a domain name with the suffix .info, you hereby confirm that you accept the UDRP Rules, as well as the Dispute Resolution Rules of domain names with this suffix (Sunrise Challenge Policy - SCP) in force from time to time. These Rules can be viewed at: http://www.afilias.info/register/dispute_resolution/sunrise_challenge_policy_revised.

By submitting a request to register or renew a domain name with a country code suffix, you hereby confirm that you accept the Dispute Resolution Rules of the registry operators for the domain name you have chosen to register or renew. A detailed list of the Dispute Resolution Rules, including links to these Rules, appears here.

You hereby confirm that in any case of adjudication of disputes concerning or arising from use of the domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (i) of your domicile and (ii) where South America Domains is located.

Any changes in the conditions of the Dispute Resolution Policy of the registry operator for the domain name you have purchased or renewed will immediately apply to you. Your continued use of the domain name you have purchased or renewed will indicate your acceptance of these new conditions. If you do not accept these new conditions, you will be entitled to request to cancel the registration of the domain name you have purchased or renewed, or to transfer it to another domain names registrar (where another registrar exists which manages a registry of names of the type you have chosen to register). You hereby explicitly agree that such cancellation or transfer request will be the only relief to which you are entitled in a case of this sort, and you will have no further rights vis-?-vis South America Domains.

Your Warranties

You hereby declare and affirm to South America Domains as follows: (A) All the information, details, data, representations and declarations supplied by you during the submission of your request to register domain names or to renew their registration are correct, comprehensive, updated and accurate, and will be updated by you as required from time to time. (B) You are not prevented under any law or agreement from entering into a domain name registration agreement. (C) The registration of your domain name does not violate the rights of a third party, and in particular does not violate any registered or unregistered trademark, does not exploit a third party's goodwill and does not prevent or hinder access to a business or service of any third party. You are aware of the fact and agree that you are solely responsible for investigating whether by registering your domain name you are infringing or violating any third party rights, and that neither South America Domains nor the domain name registry operator are required to perform and do not actually perform such an investigation, but rather follow the rule of "first come first served". (D) The domain name is intended to serve your own personal or commercial needs in a bona fide fashion. (E) You are not registering or renewing your domain name, and do not intend to use the same, for purposes that are illegal according to the Laws of the British Virgin Islands.

By requesting to register a domain name with the suffix .biz, you are hereby affirming that: (A) You will make bona fide use of the domain name for business or commercial purposes, and not for exclusively personal goals, or with the aim of selling, trading or hiring out your domain name, or for the purpose of making unsolicited offers for the sale, trade or rental of your domain name. (B) All the information, details, data, representations and warranties you have given during the submission of your request to register domain names or renew their registration are correct, comprehensive, updated and accurate, and will be updated by you as required from time to time. (C) You are not prevented under any law or agreement from entering into a domain name registration agreement. (D) Your domain name is reasonably related to your current field of occupation or to your anticipated field of occupation at the time you submit a request for the registration of the domain name.

Warranty Made by a Third Party Representative

If you request to register domain names or to renew the registration of domain names on behalf of a third party, you hereby declare and affirm to South America Domains as follows:

(A) You are legally authorized to represent the said third party and to enter into binding obligations on its behalf. (B) The actions you perform in relation to the domain names will entitle and bind the third party, in whose name you act. (C) You have informed the third party of the conditions stated below regarding the use of its particulars and their disclosure in public, and have received its explicit consent to these conditions. (D) You will indemnify South America Domains, its employees, its managers and its representatives, as well as the registry operator relevant to the domain name you have requested to register or renew, should it become evident that these warranties and undertakings of yours are incorrect, or should the third party, in whose name you are acting, deny its commitment to the provisions of this Agreement.

Incorrect Details

When you order a domain name through the Website, or when you renew the registration of a domain name, you will be requested to submit various items of information. If you submit incorrect details, South America Domains cannot guarantee that the services you order through South America Domains will be provided, nor that it will be possible to contact you when necessary. Therefore when you register, please make sure to record your correct and most up-to-date details. If your details change, please update these via the "Change/Forward" section on the Website.

Each of the following cases will constitute a fundamental breach of this Agreement and will constitute grounds for cancelling the registration of a domain name:
(a) the deliberate submission of incorrect or inaccurate details while requesting to register a domain name;
(b) the deliberate failure to update the details submitted;
(c) the deliberate failure to give an answer in good faith to the examinations and investigations performed by South America Domains regarding the accuracy and comprehensiveness of the details you have submitted, within 15 days of South America Domains's first request in this regard.

Username and Password

When you order a domain name through the Website, you will be requested to choose a username and a password. In the future, when you wish to perform various actions in the domain name you have purchased (such as a change of particulars, renewal or transfer of ownership), you will be identified by the username and password you have chosen. In such case, you will only have to verify that your particulars, as these appear on the computer screen, are updated. If they are not updated, you will be requested to correct them in order to enable us to respond to your request and to make contact with you where necessary.

It is your sole responsibility to maintain the confidentiality of your username and password in order to prevent the misuse of your account, and in order to avoid the danger of unauthorized actions committed in the domain names you have purchased. South America Domains will not be responsible for any action performed in connection with the domain names you have purchased, as a result of your failure to maintain the confidentiality of your username and password or of your negligence in maintaining their confidentiality or as a result of your having disclosed these to a third party.

Payments

In return for the services supplied to you by South America Domains in registering domain names or renewing their registration, you undertake to pay South America Domains the relevant fees, at the rate at which these stand from time to time, in respect of these services. Click here to ascertain the relevant tariff commencing from the time of registration. South America Domains is entitled to change, update, raise or lower the tariff charged for performing these activities, without being subject to any claim, demand or action against the Company for so doing.

The sums you pay South America Domains for the registration of domain names or for the renewal of their registration already include payment to the relevant registry operator for the domain name of the type you have purchased or renewed.

Once you have completed the process of ordering or renewing the registration of a domain name, even if this is before the name has been actually registered in the relevant names registry, you will no longer be entitled to cancel your registration and to receive a refund of any amount that you undertook to pay the Company - unless South America Domains and the relevant registry operator, in their exclusive discretion and being under no obligation, so entitle you, beyond the letter of the law.

Once your domain name has been registered in the relevant names registry, you may no longer cancel your registration nor receive a refund of any kind for the payment you have committed to pay South America Domains.

Payment by Credit Card

In order to make the payment you must own a valid credit card belonging to one of the following credit card companies - MasterCard, Visa, and American Express. You hereby permit South America Domains to charge to your credit card the fee in respect of the registration or renewal of a domain name.

Payment by Bank Transfer

If you wish to pay South America Domains by depositing the payment directly into the Company's bank account, you should contact South America Domains by phone in this regard. Once you have submitted to the Company the appropriate form of undertaking sent to you, including the details of the names you wish to register, South America Domains will attend to the registration of the desired names.

In regard to any of these payment methods - you acknowledge and agree that South America Domains will not request the registry operator for the type of names you have chosen to register or renew, to perform the said registration or renewal, unless and until the correct sum has been paid or pledged to the Company's satisfaction.

South America Domains does not receive, and is not obliged to receive, payment by any other method.

If you have purchased a domain name or renewed its registration, and the sum has not actually been paid to South America Domains, South America Domains shall be entitled to deal with the domain name as it deems fit, including demanding that the domain name be transferred to the Company's name, cancelling its registration under your name or requiring its return to the database of domain names available for registration. For the sake of exercising the Company's right to implement any of the above options, you hereby authorize South America Domains to act on your behalf in dealing with the registry operator for the domain names of the type you have chosen to register or renew, and you hereby release South America Domains, its employees, managers, representatives or anyone acting on its behalf, from any claim, demand or action, should the Company exercise this right.

Registration and Renewal Time Periods

The domain names you have chosen will be registered under your name for a limited time period, as stated in the registration rules of the various registry operators. This time period usually lasts for one up to ten years. At the end of the registration period you may renew your registration for a stated fee. You bear sole responsibility for attending to the renewal of your registration and the payment of all the fees required thereby at that time. You hereby explicitly release South America Domains from all responsibility for any damage, loss, payment, expense or loss of profit incurred by you (if any) as a result of failure to renew your registration or the lapse of your rights in respect of the domain name. You can renew your registration through the Website. South America Domains will endeavor, but does not commit itself, to send you a reminder via email as your registration renewal date approaches.

Expiration of a domain name registration

After expiration of the term of a domain name registration and before deletion of the domain name in the relevant registry's database, you acknowledge that South America Domains may direct the domain name to DNS servers and/or IP addresses designated by South America Domains, including, without limitation, to no IP address or to IP addresses which host a parking page or a commercial search engine that may display advertisements, and you acknowledge that South America Domains may either leave your WHOIS information intact or that South America Domains 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 South America Domains, for any reason and in its sole discretion, may choose not to participate in a post-expiration renewal of a domain name and that South America Domains shall not be liable therefore. You acknowledge that post-expiration renewal or redemption processes, if any, involve additional fees which South America Domains 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 South America Domains may, for a period of thirty (30) days (the "Expiry Period"), either i) remove the domain name from the zone of the domain extension (meaning that the Domain will no longer resolve), or ii) direct the Domain to DNS servers and IP addresses of websites designated by South America Domains, including, without limitation, to IP addresses which host a parking page or a commercial search engine that may display advertisements. If South America Domains exercises its rights under this provision, and if you do not contact South America Domains to pay for and renew the Domain prior to the end of the Expiry Period, you agree that you have abandoned the Domain and you give-up any and all rights that you may have had to the Domain to South America Domains other than the rights that South America Domains provides to you in this agreement.

After the Expiry Period, you agree that South America Domains may either: (1) delete the Domain at any time thereafter or (2) pay the Registry's registration fee or otherwise allow it to continue to be registered and that South America Domains may list itself or a third party as the registrant of the Domain in the WHOIS information and pointing the Domain to the DNS servers and IP addresses designated by South America Domains or, (3) put the Domain up for auction or otherwise sell the Domain, in which case you give-up all rights and control over the Domain and Domain Services.

Grant of Domain Name User Rights

If you have granted a third party the right to use your domain name, this will in no way detract from your absolute responsibility to adhere in full to your commitments owed under this Agreement to South America Domains and to registry operators of domain names of the type owned by you. Specifically, but without detracting from the generality of the above statement, you will bear full responsibility for the payment of all sums required for the initial registration, maintenance and renewal registration of your domain name, in accordance with the amount at which such sums are set from time to time.

Transfer of Domain Name Rights

You may transfer the rights to a domain name purchased by you through the Website to a third party ("Transfer Recipient"), subject to the following cumulative conditions: (1) The payments for the purchase of the domain name have been made to the satisfaction of South America Domains, and South America Domains knows of no impediment to performing the transfer under any contract or law. (2) The Transfer Recipient has affirmed his consent to the conditions of this Agreement and to the conditions of the agreements in force vis-?-vis the registry operator for the domain names of the type being transferred.

Transfer of Management of a Generic Top Level Domain (gTLD) to South America Domains

You have the right to transfer the management of your Generic Top Level Domain (gTLD) to South America Domains. In order to do this, you must submit a request to renew your domain name in the designated location on the South America Domains Website. The request must be submitted either by you or by someone identified by you during registration as your authorized representative, of whose particulars South America Domains has been informed. Your request will not become official until South America Domains has verified its acceptance of your request through an email message it will send you.

If you wish to simultaneously transfer the ownership of your domain name, and switch your domain names registrar, you must supply South America Domains, in addition to the verification described above, with one of the following documents: (1) a valid agreement between the parties involved in the transfer of ownership of your domain name; (2) a final decision of a recognized institution authorized to resolve domain name disputes; (3) a court order.

Before you receive the service of replacing your domain names registrar, you must commit to pay South America Domains the relevant handling charges required at that time for performing the replacement. The replacement of a domain names registrar will only by performed at the request of the owner of the domain name, as registered in the domain names registry system in accordance with the registry operators' instructions. You hereby affirm that you hold full license as the owner of the domain name to initiate the transfer of the management of your domain name to South America Domains, or that the owner of the domain name has assigned you full license to perform the said transfer. South America Domains may require of you, in its absolute discretion, to present it with documents that prove that the submitter of the request was, in fact, assigned full license to submit this request. South America Domains is likely to reject a request to transfer to it the management of a domain name if: (1) the request is submitted before 60 (sixty) days have passed from the date on which the request to register the domain name was submitted to the original domain names registrar; (2) in the cases stipulated in the UDRP; (3) where a receiving order or liquidation order is pending against the owner of the domain name; (4) where there is a dispute regarding the identity of the owner of the domain name; (5) in any case in which the replacement of the domain names registrar would be prohibited according to any law. In submitting the request to replace your domain names registrar, you hereby affirm that you have ascertained and verified that not one of the constraints described above exist. Payment for the transfer of your domain names registrar will not be returned, but South America Domains may, at its absolute discretion, transfer your payment for the benefit of another request, should you submit such a request for the replacement of one domain names registrar with another.

Once the management of your domain name has been successfully transferred to South America Domains, the conditions of this Agreement will bind you. The expiry date for registration of your domain name will be extended automatically by one year, provided that the registration period of your domain name does not exceed ten years.

Confidentiality

Retention of Personal Details: The personal details you submit while ordering your domain name on the Website will be saved in South America Domains's database and will also be forwarded to the registry operators of the domain type you have chosen. You are not legally bound to submit these details to South America Domains, and their submission is your choice alone. However, it will not be possible to register your domain names or to address your request without the required details. You hereby give your consent to the use of your personal details according to the conditions stated in this contract, both during the period the domain names you have purchased are registered under your name and after its termination.

Consent to publicity: You hereby recognize and agree that South America Domains and the registry operators relevant to the domain name you have chosen to register or renew reserve the right to make public your details or the details of the domain name you have purchased or renewed - whether on the Internet or on digital media or by any other means deemed fit by them. Such publicity will appear, inter alia, within databases such as "Who Is," which enables people to find out the identity and personal details of the owners and holders of domain names, including the names of the administrative and technical contact people that were submitted at the time the domain name was ordered, as well as the identity of the domain names server managing the domain names. Not all the domain name registry operators operate an on-line system that enables people to find out the details of the registered owners of the names. South America Domains does not guarantee that such a database will operate for the domain names of the suffix you have chosen to register or renew.

Data: During your use of the Website, South America Domains reserves the right to collect data regarding your consumer habits, products and services you have purchased, information or advertisements you have read on the Website, pages you have viewed, propositions that have interested you, the modes of payment you have chosen, etc. South America Domains will keep this information in its databases and will use it in accordance with the provisions of this Agreement.

Data possessed by South America Domains: If you have purchased services from South America Domains in the past, the Company reserves the right to use any data in its possession concerning the payment of your bills, in order to determine whether to allow you to register for additional products and services. You hereby give your consent to the use of such data for this purpose.

Confidentiality of personal details and data: South America Domains may submit to third parties your personal details and the data gathered regarding your activity on the Website, in the cases described below (this shall not, however, detract from your consent to the publication of these details as described above):

· Where you have violated the terms of the warranties made by you in this Agreement or the provisions of this Agreement - including the agreements with the registry operators of the type of domain name you have purchased or renewed and which are included in this Agreement as stated above - or where, through the Website or through your domain names, or in connection with the registration of your domain names or the renewal of their registration, you have committed acts that are against the law, or have attempted to commit such acts.

· In the event that South America Domains receives a judicial order instructing it to submit your details or information concerning you to a third party.

· In the event of a dispute, claim, lawsuit, demand or legal procedure, if any, between yourself and South America Domains.

· South America Domains shall be entitled - and you hereby give your consent to this - to submit your details as well as any information collected and based on your use of the Website, to the registry operators of the type of domain name you have requested to register or renew.

· If South America Domains should decide to organize the Website's activities using another corporation, it shall be entitled to supply the new corporation with a copy of the information collected about you by South America Domains, on the condition that the new corporation accepts the provisions of the confidentiality clause which appear in this Agreement.

Examination and modification of data: You are legally entitled to request to examine any data concerning you retained by South America Domains. To do this you must first submit a written request, signed by you and addressed to South America Domains, with the following details: name and address of database, your full name, your ID number, your father's name, your address (including zip code), the information you wish to examine and the reasons for your request. Provided South America Domains gives its consent to your request, you will be invited to examine the data at the Company's offices, South America Domains will send you an invitation to examine the information. The date for examination of the said data will be within 30 days of the receipt of your request. South America Domains may send by personal delivery to your address, in its absolute discretion, a printed copy of the requested information, instead of allowing you to examine the same in the Company's offices. South America Domains may charge a fee for your request to read through the information.

In addition, you have the right to request the modification of any information concerning you in any of the databases of South America Domains that is incorrect, incomplete or outdated. In order to do so, you must send a registered letter to South America Domains and specify the information in need of correction. The correction of information will be based on your request, subject to the absolute discretion of South America Domains. South America Domains will send to your address an answer regarding your request. Publication of your details in accordance with the provisions of this Agreement will be updated in light of your request as and where necessary.

Commercial mail: South America Domains may send you mail, including commercial and promotional mail regarding its services, special deals on the Website, offers to its customers, etc. South America Domains may also send you, as it deems fit, from time to time, advertisements from selected commercial companies, without supplying these with your details. If you wish to cease receipt of such mail, you can do so by sending a message by electronic mail to: remove@namefrog.com.

Statistics: South America Domains is entitled to use the personal details you have submitted while purchasing or renewing your domain names, as well as any data collected about you during your use of the Website, for the deduction and analysis of statistical information. South America Domains may submit this statistical data to third parties, provided this data does not relate to you personally or identify you in person.

Data protection: South America Domains uses advanced protection devices in order to secure the information on its Website. Penetration into the computer systems of the Website or South America Domains, constitutes a criminal offense according to British Virgin Islands law, punishable by up to five years in prison. You hereby confirm that you will not perform any act intended to penetrate illegally into the computers of either South America Domains or the Website, to scan access routes or gaps in these computer systems, to break into the security or coding systems that protect the Website and the data contained therein, or to assist in the commission of any of the above activities.

Third party's consent to utilization of data: If your request to register your domain name includes the personal details of a third party, you hereby affirm that you have received the explicit consent of the said third party to the utilization of its details, according to the provisions of this Agreement.

Utilization and safeguarding of data: South America Domains hereby affirms that it will only utilize your details in accordance with the provisions set down in this Agreement, and that it will take reasonable precautions to protect the data from loss, misuse, unauthorized access, deletion and unauthorized exposure.

Limitation of Responsibility

South America Domains gives no guarantee to you that you will obtain any commercial profit, or any other benefit - whether in money or money's worth - from the domain names you purchase through its services.

South America Domains does not guarantee that the services offered on the Website will be provided at the lowest prices, or on the best payment conditions, or that they will be compatible with your needs and requirements. The responsibility for assessing the compatibility of these services to your needs and the feasibility of their purchase is yours alone.

South America Domains will assume no responsibility for any damage caused to you due to an act or omission of any of the registry operators - including a refusal to register a domain name or the suspension, abeyance or cancellation of a registered domain name.

The Website service is offered for use as is. You will have no claim, demand or action against South America Domains in respect of the features of the service, its abilities, its limitations or its compatibility with your needs and requirements.

South America Domains gives no undertaking that the Website service will be undisturbed, provided regularly or in an uninterrupted manner, will perform safely and without mistakes, and will be immune to unauthorized access of South America Domains's computers, or to damage, failures, errors - including errors in the hardware, the software or the Website communication lines - in South America Domains or any of its suppliers.

South America Domains takes precautions to ensure the safety of the data on the Website, but it cannot guarantee total immunity to penetration into its computers, attempts at such penetration, exposure of data or disruptions and disturbances to the activities of the computer systems that serve the Website. If, despite the security measures taken by South America Domains, a third party succeeds in gaining access to the data on the Website - including data regarding you - or in misusing such data, you will have no claim, demand or action against South America Domains.

South America Domains will bear no responsibility for the exposure of your account's details on the Website or for any misuse of your account that arise from your failure to maintain the confidentiality of your username and password, or by your revealing these to a third party.

South America Domains bears no responsibility for the content of notices, advertisements or commercial offers publicized on the Website by third parties. South America Domains is also not responsible for commercial offers you receive from third parties, if you chose to receive such offers in the process of your registration to the Website, nor for products and services you choose to purchase from them. Any claim, demand or action you may have on account of such offers, products or services, or due to their receipt or their results, must be directly addressed to the third party from whom you have received the offer or have purchased the product or service, and you will have no claim or demand regarding these against South America Domains.

Wherever there are links to other sites not operated by South America Domains, the Company bears no responsibility for the content of these sites, for the data advertised on them - including its comprehensiveness, accuracy, validity and veracity - or for any other detail related to them. South America Domains will not be responsible for any direct or indirect damage, monetary or other, caused to you as a result of your use of, or reliance on, the data that appears on those sites, which you have reached through the Website.

You hereby release South America Domains, its employees, managers or anyone on its behalf from any responsibility for: (a) the suspension, cancellation, misplacement or change in the registration of the domain names you have requested to register or renew through the Website or through the services of South America Domains; (b) any mistake, deletion, omission or any other act performed by the registry operator, directly or indirectly arising from, or related to, your request to register the domain name and/or with the registration or non-registration of the domain name you have requested; (c) use made of the data you have submitted for the purpose of registration or renewal of registration of a domain name through the site, by third parties not under the Company's control; (d) disturbances or delays in access to the Website; (e) disturbances in the arrival of the details you have submitted while ordering the domain name - including non-arrival of data or its arrival in a confused, faulty or undecipherable form, for any reason at all (including a failure in South America Domains's systems) - and any consequence arising from these disturbances; (f) the processing and registration of the domain names you have ordered or renewed the registration thereof, through the Website or the Company; (g) any claim, demand or action against you by a third party, who claims that you have violated his rights by the registration of your domain names - including the outcome of any legal procedure that takes place due to any such claim, demand or action, whether in the courts in British Virgin Islands or abroad, and whether in arbitration procedures or in arbitration-style procedures, as stated in the dispute resolution regulations that apply to the domain names of the type you have purchased or renewed; (h) any damage, loss, cost, payment or expense incurred by you due to your use of the services of South America Domains - including indirect or consequential damage. On the other hand, if you have been caused damage due to any act or omission committed, either intentionally or with gross negligence, by South America Domains, the total amount of compensation to which you will be entitled by South America Domains will not exceed the amount you actually paid to the Company, or that you were meant to pay the Company, for the services actually supplied to you.

You hereby give your consent to release the registry operators, their managers, employees or representatives, from any liability or responsibility related to or arising from the registration of your domain name or from the processes during the advance registration of the domain names with the suffix .info (including your ability or inability to receive ownership of a domain name during this period or a dispute regarding a domain name during this period). Furthermore, you hereby undertake to indemnify them for any claim, demand or action for compensation and/or indemnification, including expenses and attorney's fees, and to manage for yourself, at your own expense, the defense against any such claim, demand or action, related to or arising from the registration of your domain name. This undertaking will remain in force even after the conclusion or termination of this Agreement, for any reason.

Indemnification for Breach of the Terms of the Agreement

You hereby undertake to indemnify South America Domains, its employees, managers, representatives or any of the registry operators of the type of domain name you have purchased or renewed (and specifically VeriSign Inc. Corporation for the .com, .net suffixes; Public Interest Registry Corporation for the .org suffix; NeuLevel Inc. Corporation for the .biz suffix; and Afilias Limited Corporation for the .info suffix.), for any damage, expense, loss or loss of profits - including attorney's fees and trial expenses - caused to them by your breach of the conditions of this Agreement, or in the event that it should become apparent that any of the warranties made by you in the course of this Agreement is untrue.

Changes in Website and Registration Services

South America Domains may periodically effect changes in the structure of the Website, its layout, the scope and availability of the services offered in it and any other aspect related to these services or to the Website and its operation - without being required to inform you of any of the above in advance. These changes will be based, among other factors, upon the Internet's dynamic character, upon business development and upon technological and other changes taking place within it. Naturally, such changes may involve failures or at first create discomfort, etc. You will have no claim, demand or action against South America Domains for carrying out such changes, or for any failures resulting therefrom.

Termination of Service

South America Domains may decide at any time to shut down the Website, or to terminate all or part of its domain name registration and renewal services - either permanently or for a limited time period. South America Domains is under no obligation to personally inform you of its decision, but it will advertise an announcement of its intention to do so on the Website, at least seven days in advance. In such a case, you will have to perform any actions relating to your domain names - such as alteration of details or renewal of registration - by directly addressing the relevant registry operators. You will have no claim, demand or action against South America Domains, its employees, managers or any of its representatives for the termination of service as stated above.

Intellectual Property

You hereby declare and affirm that you are aware and accept the fact that South America Domains is the proprietor of the database it manages while operating the Website and the services it provides. All intellectual property rights to the Website and to the domain name registration and renewal services supplied by the Company through the Website - including the patents, copyrights, the samples, the trademarks and the commercial secrets - are the exclusive property of South America Domains, or the property of third parties from whom South America Domains has received a lawful user license. These rights also apply to the Website's graphic design, the Website's computer code and to any other aspect related to its operation.

You hereby grant the Company - as well as the registry operators of the type of domain name you have chosen to register or renew - a global license, unlimited by time and free of charge - to use all the details you have submitted while purchasing your domain names, including the domain names themselves. Included in this is the right to copy your details, distribute them, advertise them, disclose them to the public and publicly display them. However, this right does not extend to details regarding your mode of payment to South America Domains for the purpose of paying the fees to which South America Domains is entitled according to this Agreement, and which will not be publicly advertised. South America Domains has no proprietary rights over these details, except for the rights to utilize them as stated above.

You may not copy, photocopy, distribute, sell, market or translate any information from the Website without receiving the explicit written permission of South America Domains in advance, and then only under the conditions of any such permission.

You may not obtain any commercial use of the data advertised by the Website or by South America Domains services, as well as by the Website's database, its domain name lists or any other details advertised on the Website.

You may not use any of the data advertised on the Website or by the services provided by South America Domains for the purpose of displaying it on another Internet site, without receiving the advance written permission of South America Domains, and subject to the terms of any such permission. In this regard, it is forbidden to collect data from the Website or from South America Domains services by using programs such as "crawlers," "robots," etc.

You may not display the Website within an open or concealed frame, and no links may be made to pages within it ("Deep Links"), other than to the home page.

You may not display the Website in different design or graphic interfaces from those designed by South America Domains, without the Company's advance written permission.

The Website's name, as well the Website's domain name, the trademarks on the Website (whether registered or not), the name of South America Domains and its trademarks - are all the exclusive property of South America Domains. It is forbidden to utilize these without its advance, written permission.

Changes to this Agreement

Due to the fact that the Internet and the domain name system - including its operation and registration - develop and change at a high rate, and the fact that business experience related to them is gained over time, South America Domains may periodically alter the terms of this Agreement. These alterations will be carried out, as stated, also for the purpose of adapting the Agreement to the agreements with the registry operators signed by South America Domains, or for the purpose of adapting it to the changing business circumstances. The new conditions of the Agreement will apply to you immediately upon the renewal of your domain names, or at the time of altering your registration details.

Law and Jurisdiction

The relevant law governing your order and this Agreement is British Virgin Islands law only. Exclusive juridical competence is held by the authorized courts in the British Virgin Islands.

General

These conditions cover everything that has been agreed between you and South America Domains regarding the ordering of domain names and the renewal of their registration.
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Customer service: support@namefrog.com