TERMS AND CONDITIONS

GENERAL

SERVICES
This Service Agreement ("Agreement") applies to the purchase from Bolton E. Trading Ltd and its affiliates (collectively, "Bolton e-Trading”) of all services (collectively, the "Services") BOLTON E. TRADING LTD reserves the right to modify its network and facilities used to provide the Services for purposes including but not limited to accommodating evolving technology and increased network demand, and providing enhanced services. BOLTON E. TRADING LTD shall use reasonable efforts to notify Customer of any planned changes to BOLTON E. TRADING LTD's network or facilities that may adversely affect the Services provided hereunder.

TERM
This Agreement shall be for one year (the "Initial Term"). Customer's contract shall be automatically renewed for Shared Hosting services at the end of the Initial Term on a month to month basis unless either party provides sixty (60) days written notice to the other of termination of this Agreement prior to the end of the then current term. Customer's contract for Domain Name Registration services shall be automatically renewed at the end of the Initial Term and each year thereafter, for one year.

BILLING AND PAYMENT
Fees: During the term of this Agreement, Customer shall pay the fees for the Services that are set forth on the Service Order Form . Such fees may include taxes, fees or assessments by governmental agencies and BOLTON E. TRADING LTD shall have the right, at any time, to pass through and invoice to Customer any new or increased taxes, fees, assessments or other charges imposed on or required to be collected by BOLTON E. TRADING LTD by any governmental agency. Customer shall also be responsible for paying all taxes, fees or assessments and other charges imposed on Customer by any governmental agency that may result from this Agreement, or any of the activities contemplated hereunder.
Terms Of Payment: Invoices are due and payable upon receipt. All payments shall be made in U.S. currency.
Service Continuation After Initial Term: The fees set forth in the Service Order Form are guaranteed during the Initial Term of this Agreement. If Customer continues to receive the Services after the Initial Term without entering into a new agreement or agreement extension, the fees charged after the Initial Term shall be at the then standard BOLTON E. TRADING LTD rates for such services, without discount, determined month to month.
Service Charge: Customer will pay a late payment charge equal to 1.5% (or the highest amount permitted by law, whichever Is lower) per month or portion thereof on the outstanding balance of any invoice remaining unpaid thirty (30) days after the date upon which payment is due. Suspension Or Interruption Of Service For Non-Payment: In the event Customer's account becomes past due for more than thirty (30) days, or if Bolton E. Trading Ltd has a reasonably held belief that Customer may be unable to pay its debts as they become due (i.e., is financially insecure) , BOLTON E. TRADING LTD may, in its sole discretion, suspend, interrupt or disconnect the Services upon ten (10) days written notice to Customer. In the event of such suspension, interruption or disconnection, Customer may be required to post a deposit or such other security, as BOLTON E. TRADING LTD reasonably deems necessary in order to resume receiving the Services. In addition, if BOLTON E. TRADING LTD reasonably determines that Customer may be financially insecure, BOLTON E. TRADING LTD may require such other action of Customer as Bolton E. Trading Ltd reasonably determines is necessary under the circumstances, including letters of credit, security deposit(s), restrictions on available credit or other action as BOLTON E. TRADING LTD may require from time to time regardless of Customer's then-current payment status on its account or its payment history on such account. Failure to satisfy BOLTON E. TRADING LTD's request for such action within timelines reasonably set by Bolton E. Trading Ltd may result in immediate termination of service without further notice. Customer may not withhold or set off any payment for any reason without BOLTON E. TRADING LTD's prior written consent. Bolton E. Trading Ltd shall have no liability for any loss or damage resulting from its suspension or termination of Services under this Agreement.

ACCEPTABLE USES
Customer shall at all times adhere to the BOLTON E. TRADING LTD Acceptable Use Policy located at http://www.bolton-etrading.com, as amended from time to time by BOLTON E. TRADING LTD effective upon posting of the revised policy at the URL. Notwithstanding anything to the contrary contained herein, BOLTON E. TRADING LTD may immediately take corrective action, including disconnection or discontinuance of any and all Services, or terminate this Agreement in the event of notice of possible violation by Customer of the BOLTON E. TRADING LTD Acceptable Use Policy. In the event BOLTON E. TRADING LTD takes corrective action due to a violation of the BOLTON E. TRADING LTD Acceptable Use Policy, BOLTON E. TRADING LTD shall not refund to Customer any fees paid in advance of such corrective action.

CANCELLATION POLICY
Shared Hosting, Virtual Private and Dedicated Server customers, Customer may terminate this Agreement by giving BOLTON E. TRADING LTD at least sixty (60) days prior written notice. However, Customer remains obligated to pay all amounts remaining in the Initial Term, and if BOLTON E. TRADING LTD has purchased equipment on behalf of Customer, at Customer's request or pursuant to Customer's order, including but not limited to circuit and router, Customer shall assume responsibility for payments for such equipment, until paid in full. In order to terminate early, Customer's primary contact person on the account should notify BOLTON E. TRADING LTD of such request to do so. Credit card orders, all termination requests should be signed by Customer's primary contact person on the account who must provide the last four digits of the credit card on file (Credit Card Billing Authorization Agreement) with BOLTON E. TRADING LTD. However, BOLTON E. TRADING LTD shall not be liable for unauthorized termination of an account.
Any termination of this agreement by BOLTON E. TRADING LTD or Customer shall not deprive either party of its rights or relieve either party of its obligations, in each case, as accrued prior to the date of termination, including, without limitation, Customer's obligation to pay for Services rendered prior to the date of termination. BOLTON E. TRADING LTD reserves the right to terminate this Agreement without cause prior to the end of the term upon sixty (60) days written notice to Customer, in which event BOLTON E. TRADING LTD will refund any fees for Services which Customer has paid in advance.

IP ADDRESS OWNERSHIP
BOLTON E. TRADING LTD shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by BOLTON E. TRADING LTD and BOLTON E. TRADING LTD reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

CACHING Customer expressly (i) grants to BOLTON E. TRADING LTD a license to cache the entirety of Customer's Web Site, including content supplied by third parties, hosted by BOLTON E. TRADING LTD under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer intellectual property rights or any third party's intellectual property rights.

BANDWIDTH AND/OR DISK USAGE Customer agrees that bandwidth and/or disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Service Order Form. BOLTON E. TRADING LTD shall monitor the customer's usage. If bandwidth or disk usage exceeds the agreed upon number of megabytes per month, BOLTON E. TRADING LTD, in its sole discretion, may assess additional standard charges, disconnect or discontinue any and all Services, or terminate this Agreement, in each case, upon ten (10) days advance written notice to Customer. In the event that BOLTON E. TRADING LTD elects to take such action, Customer shall not be entitled to a refund of any fees paid in advance of such corrective action.

EQUIPMENT BOLTON E. TRADING LTD is acting only as a reseller and/or provider of any hardware, software, circuit and equipment (collectively, the "Equipment") offered under this Agreement that was manufactured by a third party. Any malfunction or manufacturer's defects of Equipment either sold or provided by BOLTON E. TRADING LTD to Customer or purchased directly by Customer used in connection with the Service(s) will not be deemed a breach of BOLTON E. TRADING LTD's obligations under this Agreement. Any rights or remedies Customer may have regarding the performance or compliance of Equipment are limited to those rights extended to Customer by the manufacturer of such Equipment. Customer is entitled to use any Equipment supplied by BOLTON E. TRADING LTD only in connection with Customer permitted use of the Service(s). Customer shall not resell, transfer, export or re-export any Equipment, or any technical data derived therefrom, in violation of any applicable United States or foreign law.

BOLTON E. TRADING LTD shall not be responsible for any changes in Service(s) that cause Customer Equipment to become obsolete, require modification or alteration, or otherwise affect the performance of the Service(s). However, if practicable (without an obligation to expend funds or incur additional costs), BOLTON E. TRADING LTD will assist Customer in resolving any such Equipment problems over which BOLTON E. TRADING LTD may have control.

DISCLAIMER OF WARRANTY
Customer acknowledges and agrees that BOLTON E. TRADING LTD exercises no control over, and accepts no responsibility for, the content of the information passing through BOLTON E. TRADING LTD's host computers, network hubs and points of presence (the "BOLTON E. TRADING LTD Network") or the Internet. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BOLTON E. TRADING LTD, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT BOLTON E. TRADING LTD PROVIDES. NEITHER BOLTON E. TRADING LTD, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. BOLTON E. TRADING LTD IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERELE VIA THE SERVICE(S) PROVIDED BY BOLTON E. TRADING LTD.

INDEMNIFICATION
Customer will indemnify, save harmless, and defend BOLTON E. TRADING LTD and all directors, officers, employees, and agents of BOLTON E. TRADING LTD (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) arising out of or relating to the use of the Services by Customer, including any violation of the BOLTON E. TRADING LTD Acceptable Use Policy. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.

LIMITATION OF LIABILITY
IN NO EVENT SHALL BOLTON E. TRADING LTD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF BOLTON E. TRADING LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will BOLTON E. TRADING LTD's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by Customer for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, or the limitation of liability with respect to death or personal injury due to negligence, so that the above limitations or exclusions may not apply to Customer. In such jurisdictions, BOLTON E. TRADING LTD's liability (and the liability of its affiliates, agents, content providers and service providers) shall be limited to the greatest extent permitted by applicable law.

FORCE MAJEURE
BOLTON E. TRADING LTD shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, breakdown or damage to machinery, equipment or software, malfunctioning of software, corruption of data, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services. In the event of such a Force Majeure, the party shall give the other party prompt written notice within ten (10) days of the Force Majeure. If any such event continues for a continuous period of thirty (30) days, Customer may terminate this Agreement.

INTELLECTUAL PROPERTY
Customer represents and warrants that Customer's use of the Services shall not infringe the intellectual property or other proprietary rights of BOLTON E. TRADING LTD or any third party. Customer further acknowledges that all right, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of BOLTON E. TRADING LTD (collectively, "BOLTON E. TRADING LTD Intellectual Property") is vested in BOLTON E. TRADING LTD and/or in BOLTON E. TRADING LTD's licensors. Unless otherwise specifically provided in this Agreement, Customer shall have no right, title, claims or interest in or to the BOLTON E. TRADING LTD Intellectual Property. Customer may not copy, modify or translate the BOLTON E. TRADING LTD Intellectual Property or related documentation, or decompile, disassemble or reverse engineer the BOLTON E. TRADING LTD Intellectual Property, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, Customer is not authorized to distribute or to authorize others to distribute the BOLTON E. TRADING LTD Intellectual Property in any manner without the prior written consent of BOLTON E. TRADING LTD; provided, however, that nothing in this sentence would preclude Customer from using the BOLTON E. TRADING LTD Intellectual Property as incorporated in the Services. This paragraph shall not operate to extinguish, restrict, vary, waive or affect in any manner whatsoever any right, title or interest which Customer may now have or hereafter acquires in, or in relation to, the third-party software that is part of or provided with the Services solely to the extent such third-party licensors publicly provide such rights, title or interest in the third-party software to Customer.

CONFIDENTIAL INFORMATION
Each party acknowledges that, in the course of the performance of this Agreement, it may have access to customer information and communications, including proprietary information claimed to be unique, secret, or confidential, and which constitutes the exclusive property and trade secrets of the other party ("Confidential Information"). Except as provided in BOLTON E. TRADING LTD's Acceptable Use Policy (AUP), each party agrees to maintain the confidentiality of the Confidential Information and to use the Confidential Information only to the extent necessary for legitimate business uses in connection with this Agreement. Upon request of either party or on termination or expiration of this Agreement, each party shall return the Confidential Information of the other party then in its possession. Nothing in this Agreement shall prohibit or limit either party's use of information which (a) is now, or hereafter becomes, publicly known or available through lawful means; (b) is rightfully in receiving party's possession, as evidenced by receiving party's records; (c) is disclosed to the receiving party without confidential or proprietary restriction by a third party who rightfully possesses and rightfully discloses the information; (d) is independently developed by the receiving party without any breach of this Agreement; (e) is the subject of a written permission to disclose provided by the disclosing party; or (f) is required to be disclosed by law, court order or request by any government or regulatory authority, provided that, to the extent possible, the disclosing party under this clause (f) shall give reasonable notice to the non-disclosing party prior to disclosure in order to allow such party to object to the disclosure.

Customer further agrees and acknowledges that BOLTON E. TRADING LTD may disclose Customer account information in accordance with BOLTON E. TRADING LTD's AUP and Privacy Policy, located at http://www.bolton-etrading.com, as amended from time to time by BOLTON E. TRADING LTD effective upon posting of the revised policy at the URL.

CUSTOMER DATA. Customer is solely responsible for all its content residing on BOLTON E. TRADING LTD servers, and except as otherwise agreed with BOLTON E. TRADING LTD, for the backup and restoration of such content.

SELECTED SERVICES

SHARED HOSTING
Server Set-Up and Updating. BOLTON E. TRADING LTD will initially configure the Server for use. After the Server is configured, the Customer will be solely responsible for all Web Server content management. Maintenance Services. BOLTON E. TRADING LTD will perform maintenance services as BOLTON E. TRADING LTD determines reasonably necessary to maintain the continuous operation of the Server. Customer understands that such maintenance may require server downtime. BOLTON E. TRADING LTD will attempt to provide prior notice of the maintenance downtime, except when circumstances beyond BOLTON E. TRADING LTD's control limit BOLTON E. TRADING LTD's ability to do so.
Excessive CPU Usage. Customer agrees that Customer shall not use excessive amounts of CPU processing (i.e., amounts beyond the amount ordered on the Service Order Form) on any of BOLTON E. TRADING LTD's servers. Any violation of this policy may result in corrective action by BOLTON E. TRADING LTD, in its sole reasonable discretion, including assessment of standard additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. In the event that BOLTON E. TRADING LTD elects to take any corrective action, Customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action. E-Commerce. Customer will be solely responsible for the development, operation and maintenance of Customer's Web site and products and all contents and materials appearing online or on Customer's products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the Web site or related to Customer's products, (b) ensuring that the content and materials appearing within the Web site or related to Customer's products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the Web site or related to Customer's products are not libelous or otherwise illegal. Customer will be solely responsible for the final calculation and application of any and all applicable shipping costs and sales taxes. Customer will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.

Customer is subject to applicable data protection, intellectual property, and consumer protection laws, and is responsible for the security of any customer credit card numbers and related customer information Customer may access as a result of conducting electronic commerce transactions through the Software. Customer will keep all such information confidential and will use the same degree of care and security as Customer uses with Customer's confidential information.

DOMAIN NAME REGISTRATION
A. Registrar Services. BOLTON E. TRADING LTD has entered into an agreement with an accredited domain name registrar, MelbourneIT Ltd. ("MelbIT") to provide Customer with domain name registration services, for any requests by Customer to BOLTON E. TRADING LTD to register an Internet domain name. As consideration for the domain name registration services provided by MelbIT to Customer, on behalf of BOLTON E. TRADING LTD, Customer agrees to pay BOLTON E. TRADING LTD, prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the BOLTON E. TRADING LTD price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. To view the current rates for using BOLTON E. TRADING LTD's domain name services, please see our PRICE SCHEDULE (click here for Pricing at http://www.bolton-etrading/domains.html). All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. BOLTON E. TRADING LTD reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from BOLTON E. TRADING LTD to the email address indicated in Customer's registration application.
B. Cancellation; Reinstatement. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by BOLTON E. TRADING LTD) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to BOLTON E. TRADING LTD as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. BOLTON E. TRADING LTD will reinstate Customer's domain name registration solely at BOLTON E. TRADING LTD's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
C. Renewal. Customer will be notified when renewal fees are due. Should these fees go unpaid within the time specified in a second notice or reminder regarding renewal, Customer's registration will be cancelled. Payment must be made by credit card or such other method as BOLTON E. TRADING LTD may indicate in the registration application or renewal form. BOLTON E. TRADING LTD will renew Customer's name for Customer provided Customer's credit card or other billing information is available and up to date, unless Customer instructs BOLTON E. TRADING LTD otherwise within the time specified. If Customer's billing information is not accurate and Customer wishes to renew Customer's domain name registration, we will contact Customer to update this information and charge Customer accordingly.
D. Transfer. Customer will be responsible for all costs and fees associated with the registration of Customer's domain name including, but not limited to, all costs and fees for moving or transferring such domain name. Under no circumstances shall BOLTON E. TRADING LTD be responsible for this cost. E. Use of Personal Information; Updated Information. MelbIT and/or BOLTON E. TRADING LTD will collect certain personal information (including, without limitation, contact information such as name, address, email address and telephone number) ("Personal Information") from Customer during the registration process. Customer agrees and acknowledges that MelbIT will share Personal Information that Customer provide (or that is gathered about Customer during the registration process, including, for example, Customer's primary domain name server and the like), or that MelbIT or BOLTON E. TRADING LTD otherwise maintains, with one another, with the Internet Corporation for Assigned Names and Numbers ("ICANN"), with registry administrator(s), and with other third parties as ICANN and applicable laws and/or policy may require or permit. Customer further agrees and acknowledges that MelbIT and/or BOLTON E. TRADING LTD shall be permitted (and in some cases may be required) to make publicly available, or directly available to third party vendors, some, or all, of the Personal Information or domain name registration information Customer provides, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by ICANN and applicable laws. Customer may access Customer's Personal Information and/or domain name registration information in MelbIT's or BOLTON E. TRADING LTD's possession to review, modify or update such information, through a BOLTON E. TRADING LTD information maintenance interface ("BOLTON E. TRADING LTD Interface") that is accessible on the BOLTON E. TRADING LTD Website. We will not process data about any identified or identifiable natural person that we obtain from Customer in a way incompatible with the purposes and other limitations which we describe in this Agreement. MelbIT will take reasonable precautions to protect the information it obtains from Customer from loss, misuse, unauthorized access or disclosure, alteration or destruction. Customer hereby irrevocably waives any and all claims and causes of action Customer may have arising from such disclosure or use of Customer's Personal Information and/or domain name registration information by MelbIT or BOLTON E. TRADING LTD.
F. ICANN Guidelines. Additionally, Customer acknowledges that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that MelbIT or BOLTON E. TRADING LTD may or must make available to the public or to private entities, and the manner in which such information is made available. Customer hereby consents to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by Customer in connection with the registration of a domain name (including any updates to such information), whether during or after the term of Customer's registration of the domain name.
G. Third Party Data. In the event that, in registering the domain name, Customer is providing information about a third party, Customer hereby represents that Customer has (1) provided notice to that third party of the disclosure and use of the party's information as set forth in this Agreement, and (2) that Customer has obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
H. Accuracy of Data. Customer acknowledges that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer's domain name registration. (In addition, under certain federal laws, such provision of inaccurate or false information is one factor in determining whether Customer may have violated the trademark rights of another party in registering a domain name confusingly similar to such party's trademark.) Customer further agrees that Customer's failure to respond for over fifteen (15) calendar days to inquiries by MelbIT and/or BOLTON E. TRADING LTD concerning the accuracy of contact details associated with Customer's registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer's domain name registration.
I. Country Code Domain Names: .TO and .CC Domains. If Customer has in the past or wishes now to register a domain name for the Cocos Islands (.CC) or Tonga (.TO), Customer's registration and use of these respective domains is governed by Customer's agreement with the national registry in each country. By applying for the domain name and through the use or continued use of the domain name, Customer agrees to be bound by the terms of the relevant national DNS registration authority for the countries of Cocos Islands (.CC) and Tonga (.TO), respectively. Registration does not guarantee the ability to use, or that a third party will not object to the use of, a domain name. Additional information about .CC and .TO domains may be found at http://www.nic.cc/policies.html and http://www.tonic.to/faq.htm. For .CC or .TO domains, Customer will be charged an additional $100 by BOLTON E. TRADING LTD for the first two years' national registration fees, at $50 per year. The national DNS registration authorities for the countries of Cocos Islands (.CC) and Tonga (.TO) require payment of these fees at the time of registration. BOLTON E. TRADING LTD is authorized by the national registration authorities of Cocos Islands and Tonga to collect these fees on their behalf.
J. Third-Party Proprietary Rights: BOLTON E. TRADING LTD makes no representations concerning and does not guarantee that Customer's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer agrees to be bound by the terms of the Domain Name Registration Agreement, Domain Name Dispute Policy which is posted at http://www.icann.org/udrp, and related agreements that Customer will be asked to review and indicate Customer's acceptance of during the domain name registration process.

 

MISCELLANEOUS

GOVERNING LAW. The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the Republic of Cyprus.

ENFORCEMENT OF AGREEMENT In the event it is necessary for BOLTON E. TRADING LTD to enforce its rights under this agreement, Customer agrees to pay all fees incurred by BOLTON E. TRADING LTD (including, but not limited to, attorney's fees and collection agency fees)

AMENDMENT OR WAIVER Except as otherwise provided herein, this Agreement may not be amended except upon the written consent of Customer and an officer of BOLTON E. TRADING LTD. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

ASSIGNMENT AND SEVERABILITY This Agreement shall be binding upon and inure to the benefit of Customer, BOLTON E. TRADING LTD and our respective successors, and assigns. Customer may not assign this Agreement without the prior written consent of BOLTON E. TRADING LTD, which consent will not be unreasonably withheld or delayed. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

NOTICES All notices to Customer hereunder shall be given at the Billing Address provided on the signature page hereto. All notices to BOLTON E. TRADING LTD hereunder shall be given to:

Legal Department
NEOCLEOUS HOUSE

199, Arch Makarios III Avenue,

Limassol, Cyprus

PO Box 50613,

CY-3608 Limassol

Telephone:++357-25362818

Fax:++357-25362818

Any notice hereunder shall be in writing and shall be given by registered, certified or Express mail, or reliable overnight courier addressed to the addresses in this Agreement, or by facsimile. Notice shall be deemed to be given upon the earlier of actual receipt or three (3) days after it has been sent, properly addressed and with postage prepaid.

ENTIRE AGREEMENT This Agreement, and any other document or agreements specifically identified in this Agreement, supercedes all previous representations, understandings or agreements.

SURVIVAL The rights and obligations of the parties in this Agreement that would by their nature or context be intended to survive the expiration or termination of this Agreement shall so survive.

ACCEPTANCE OF SERVICES ACCEPTANCE OF THIS AGREEMENT BY BOLTON E. TRADING LTD MAY BE SUBJECT, IN BOLTON E. TRADING LTD'S ABSOLUTE DISCRETION, TO SATISFACTORY COMPLETION OF A CREDIT CHECK AND CONTINUED CREDIT WORTHINESS OF CUSTOMER. ACTIVATION OF SERVICE SHALL INDICATE BOLTON E. TRADING LTD'S ACCEPTANCE OF THIS AGREEMENT. USE OF THE BOLTON E. TRADING LTD NETWORK CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. CUSTOMER REPRESENTS AND WARRANTS THAT CUSTOMER HAS FULL AUTHORITY AND RIGHT TO ENTER INTO THIS AGREEMENT. CUSTOMER FURTHER REPRESENTS AND WARRANTS THAT CUSTOMER IS AT LEAST 18 YEARS OF AGE.