The Internet is a powerful information and entertainment tool, we would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.

Our acceptable use policy is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.

Common sense is the best guide as to what is considered acceptable use, however the following are unacceptable uses.

Illegality
In any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, or trafficking in obscene material.

Undesirable Content
Certain types of content are not permitted on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.

Bulk Email
The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden.

Misuse Of Resources
Including but not limited to employing applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Using web space resources as a backup drive or uploading extensions which is not related to web pages and Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden.

If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.

1. Purpose.

This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.

2. Your Representations.

By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.

3. Cancellations, Transfers, and Changes.

We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

• a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
• b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
• c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)

4. Mandatory Administrative Proceeding.

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/udrp/approved-providers.htm (each, a "Provider").

a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that

• (i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
• (ii) you have no rights or legitimate interests in respect of the domain name; and
• (iii) your domain name has been registered and is being used in bad faith.

b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

• (i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
• (ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
• (iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
• (iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

• (i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
• (ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
• (iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").

f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.

g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.

h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.

i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.

j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.

k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

5. All Other Disputes and Litigation.

All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

6. Our Involvement in Disputes.

We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

7. Maintaining the Status Quo.

We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

8. Transfers During a Dispute.

a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

9. Policy Modifications.

We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.

Version 8.2, dated January 20, 2003

Preliminaries: hooster.net, Inc., dba hooster.net ("hooster.net"), is an ICANN accredited domain registrar. The purpose of this Registration Agreement ("the Agreement") is to specify the terms, conditions, and obligations which a customer agrees to accept by the his, her or its conduct of using the Services of hooster.net for the registration and renewal of the registration of a domain name, or by opening an account with hooster.net for such purpose.

Index:

• · 1. Definitions
• · 2. The Agreement (Basics)
• · 3. Rights to a Domain Name
• · 4. Fees, Payments and Terms
• · 5. Certifications
• · 6. Modifications to Agreement
• · 7. Safeguarding Your Account
• · 8. Domain Name Disputes
• · 9. Announcements
• · 10. Required Information
• · 11. Personal Information
• · 12. Maintaining Accurate and Updated Information
• · 13. Third Party Use
• · 14. Use and Access of Required Information
• · 15. Access and Modification of Required Personal Information
• · 16. Limitation and Consent
• · 17. Limitation of Liability
• · 18. General Indemnity
• · 19. Breach
• · 20. Abuse of Service
• · 21. No Guaranty
• · 22. Disclaimer of Warranties
• · 23. Revocation
• · 24. Right of Refusal
• · 25. Transfer of Domain Name by Registrant
• · 26. Non-Confidentiality
• · 27. Severability
• · 28. Non-Agency Among the Parties
• · 29. Non-Waiver
• · 30. Notices
• · 31. Agents
• · 32. Entirety
• · 33. Choice of Law and Venue
• · 34. Infancy
• · 35. Acceptance

1. Definitions:

As used in this Agreement, the following terms have the following meanings:

(a) "You", "your" and registrant refer to each customer, that is, each person who registers a domain name with hooster.net, and/or opens an account with hooster.net either for that person or on behalf of a third party;

(b) "we," "us," and "our" refer to hooster.net;

(c) "Services" refers to the domain services provided by us as offered through hooster.net, the Registration Service Provider ("RSP");

(d) "Account" means a wholesale account opened with hooster.net for the registration of domain names and the payment for such registrations;

(e) "Account Information" refers to information about you as may be required by our domain name registration, reservation, renewal, transfer processes, and by our process for opening a new wholesale account;

(f) "Registrar" means a domain name registrar, whether or not accredited by ICANN or any other TLD administrator;

(g) "Top Level Domain" means the highest-level extension of a domain name, i.e., .com, .net., org., .info, .biz, .name;

(h) "Registry" means the domain name registry associated with the Top Level Domain of the domain name you have registered.

(i) In order to have the required “U.S. Nexus” for .us registrations, a Registrant must be: (a) a natural person (i) who is a citizen or permanent resident of the United States of America or any of its possessions or territories, or (ii) whose primary place of domicile is in the United States of America or any of its possessions, or (b) an entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories, or (c) an entity or organization (including a federal, state, or local government of the United States, or a political subdivision thereof) that has a bona fide presence in the United States of America or any of its possessions or territories.

(j) The term "New Registry" applies to a Registry associated with any new ICANN-approved Top Level Domain during the time that such Registry is in either the Sunrise Period or the Land Rush Period for such a new Top Level Domain, as well as during the time it is continuing to administer disputes and domain name allocations issues which arose during these periods;

(k) "Sunrise Period" means a specified time period, after the commencement of registrations for domain names in any new ICANN-approved Top Level Domain, during which challenges to new registrations and registrants for such domain names must be resolved through an administrative resolution process specified by the applicable New Registry; and,

(l) "Land Rush Period" means a specified period of time, commencing immediately after the conclusion of any Sunrise Period (including any "cooling-off" portion of such period) wherein multiple registrants may seek the registration of the same domain name within a New Registry, and such domain name will thereafter be allocated by the Registry.

2. The Agreement (Basics):

This Agreement explains our obligations to you, and explains your obligations to us, for various Services. By using our Services, you have agreed to establish an account with us for such Services. When you use your account, or permit someone else to use it for any purpose whatsoever (whether or not we are notified of your having given authorization to such third party to use your account), this Agreement covers such use and the service sought or rendered. By opening an account with hooster.net, or by using any Services under this Agreement (such as the registration or renewal of a domain name), you acknowledge that you have read, and you agree to be bound by all terms and conditions of this Agreement, and any pertinent rules or policies that are or may be published by us.

3. Rights to a Domain Name:

We cannot and do not check to see whether a domain name you select, or whatever use you make of a domain name, infringes the legal rights of others. We urge you to investigate whether a domain name you select may infringe legal rights of others, and we urge you seek the advice of competent counsel for this purpose. You should consider seeking one or more trademark registrations in connection with your domain name. Also, it is possible that we might at some time be ordered by a court to cancel, modify, or transfer your domain name. If we are sued or threatened with lawsuit in connection with the registration of your domain name, we may, at our discretion, turn to you to hold us harmless and indemnify us.

4. Fees, Payments and Terms:

As consideration for the services you use, you agree to pay us the applicable service fees. These fees can be found at http://www.hooster.net. All fees payable there under are non-refundable unless we provide otherwise. hooster.net reserves the right to change these fees, or to institute additional fees, at any time. As further consideration for the Services, you agree to:

(a) Pay all applicable service fees in a prompt and effective manner, or, if (at our sole discretion) credit is granted, in due time;

(b) Authorize us to delete, reassign, or auction unpaid domain in order to cover any fees due which have not been timely paid in full, plus any legal or collection fees;

(c) Provide current, complete and accurate Account Information during any registration, reservation, renewal, or transfer process;

(d) Maintain and update your Account Information as necessary in order to keep it current, complete and accurate; and

(e) Authorize us to disclose to third parties any such Account Information for any purpose.

5. Certifications:

By completing and submitting the domain name registration, renewal, reservation, or transfer applications ("Applications"), You represent and certify that, to the best of your knowledge and belief that (a) the statements you make in any such applications are true, and that the registration, reservation, renewal, transfer of the selected domain, so far as you are aware, does not interfere with or infringe upon the rights of any third party, (b) you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder, (c) for .us domain name registrations you have and shall continue to have a lawful bona fide U.S. Nexus as defined in the “usTLD Nexus Requirements” document on the usTLD website (www.neustar.us), as may be modified from time to time and qualify to register to use a .us domain name. (d) you agree to comply with all applicable laws, regulations and policies of the TLD Administrators as updated from time to time.(e) You also represent that the Domain Name not being registered, reserved, renewed, or transferred for any unlawful purpose.

6. Modifications to Agreement:

(a) You agree that, during the period of this Agreement, we may:

• (i) revise the terms and conditions of this Agreement; and
• (ii) change the services provided under this Agreement.

(c) If, after any such revision or change has been made by us, you decide that you do not wish to be bound by such change, you may transfer any and all of your domain names registered or reserved with us to another registrar. You agree that, unless and until you transfer all such domain names in such manner, or you cancel your registration of all such domain names, in writing or by email to hooster.net as per Paragraph 30, you shall be bound any revisions or change made by us as described in Paragraph 6(a).

7. Safeguarding Your Account:

In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.

8. Domain Name Disputes:

(a) If you reserve or register a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the ICANN Uniform Dispute Registration Policy ("the Dispute Policy") as this policy may be in effect at the time any dispute arises regarding claims by third parties to any rights to your domain name. This Dispute Policy is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy and applicable rules may be found at: http://www.icann.org/udrp/. Please take the time to familiarize yourself with this policy.

(b) If you reserved or registered a .us domain name through us, you agree to be bound by the usTLD Dispute Resolution Policy (“USDRP”) and the Nexus Dispute Policy (“NDP”), policies that are incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with these policies. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the policies of the usTLD Administrator as documented on its website, http://www.neustar.us/policies/index.html, as they may be amended from time to time, and which are hereby incorporated and made an integral part of this Agreement

(c) If you register a domain name associated with a New Registry during an applicable Sunrise period, you agree to be bound by any Sunrise Dispute Resolution Policy ("SDRP") for that Registry.

(d) In the event that a domain name dispute arises with any third party, you agree that you will indemnity and hold hooster.net, as well as its directors, officers, employees, and agents, harmless against all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration and any dispute concerning such registration.

(e) In the event that a domain name dispute results in a judicial proceeding, you agree to submit (without prejudice to other potentially applicable jurisdictions) to the jurisdiction of the courts of the registrant's domicile and of hooster.net's places of business as they may be located from time to time. Currently, hooster.net is located in Miami, Florida, in the U.S.A.; and the applicable courts for hooster.net's location are the state courts in Dade County, Florida, and the federal court of the Southern District of Florida, Dade County Division, or, for disputes about an .us domain, the Commonwealth of Virginia.

(f) You agree that the registration of a domain name shall, for the following reasons, be subject to suspension, cancellation, or transfer pursuant to any specification or policy adopted by ICANN or. usTLD Administrator, as well as to any procedures of hooster.net not inconsistent with an ICANN or usTLD Administrator adopted specification or policy: (i) to correct mistakes made by hooster.net or other ICANN us.TLD accredited registrars and the Registries in the registration of a domain name; and (ii) for the resolution of disputes concerning a domain name.

(g) You agree that we, in our sole discretion, may modify our dispute policy. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

(h) You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute, including Registry policies incorporated by reference. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until we are directed to do so by the judicial or administrative body. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.

9. Announcements:

We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and of those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security for or to enhance your identity on the Internet.

10. Required Information:

(a) You must provide certain information in order to register or renew a domain name with hooster.net, and you must keep this information up-to-date, complete and accurate if you are to maintain your registration of that domain name. This Required Information is specified in the hooster.net new account form, found at https://www.hooster.net/drs/newacc.pl, and includes:

• (i) Contact Information: your full name, postal address, e-mail address, voice telephone number, and fax number (if available);
• (ii) For Organizations: If the registrant is a partnership, union, association, corporation, or other organization, you must also provide the name and contact information of an authorized person for contact purposes;
• (iii) IP Addresses and Server Names: The IP address of the primary nameserver, and of any secondary nameservers, for the domain name, and the corresponding names of those nameservers;
• (iv) Technical and Administrative Contacts: The following contact information for both a technical contact and an administrative contact for the domain name:
• (A) the full name, postal address, email address, voice telephone number, and (if available) fax number of the technical contact for the domain name;
• (B) the full name, postal address, email address, voice telephone number, and fax number if available of the administrative contact for the domain name; and
• (C) the name, postal address, email address, voice telephone number, and (if available) fax number of the zone contact for the domain name; and
• (v) any remark concerning the registered domain name that should appear in the Whois data.
• (vi) any other data that each Registry, requires be submitted to it, including specifically information regarding the primary purpose for which a domain name is registered (e.g., business, education, etc.)
• (vii) the Registered Name.

11. Personal Information:

Credit card information and a registrant's password, as those items may be provided during the registration and renewal processes, shall be treated by hooster.net as Personal Information. hooster.net shall not disclose Personal Information, except as may be required by applicable law, by the Department of Commerce policies or procedures and ICANN policies or procedures (as they may change from time to time), and, with regard to credit card information, as necessary in order to complete the transactions called for under this Agreement.

12. Maintaining Accurate and Updated Information:

Should there be any changes or errors in your Required or Personal Information as that information is specified in paragraphs 10 and 11, above, you must immediately notify hooster.net of those changes, errors, and any corrections. Providing inaccurate or incomplete information, or failing to update information promptly, or failing to respond within fifteen (15) calendar days to inquiries by hooster.net concerning the accuracy of Required Information will constitute a material breach of this Agreement, and hooster.net may, in its discretion, reassign, cancel or revoke the registration of your domain name for such breach.

13. Third Party Use:

Some domain name registrants intend to license the use of their domain name to a third party. Should you license to, or otherwise allow the use of a domain name by a third party, whether for profit or otherwise, you will nonetheless remain the registrant of record, and remain responsible for complying with the provisions of paragraphs 10, 11 and 12 above, and 15 below, regarding your own Required and Personal Information. Further, you shall remain responsible and accept liability for any and all harm caused by wrongful or unlawful use of the domain name, subject to applicable laws and to the following exception: (i) you promptly disclose the identity of the third party user to any other party which provides you with reasonable evidence of actionable harm caused through use of the domain name; and (ii) you were not involved with, nor sanctioned, encouraged, or tolerated such wrongful or unlawful use of the domain name.

14. Use and Access of Required Information:

(a) Anyone may access a registrant's Required information to the extent that information may appear on the Whois form available for that purpose on the hooster.net website as well as the Registries websites. The purposes for the collection of Required Information by hooster.net are: (i) to accurately, efficiently, and effectively process the registration application of the registrant and administer on a continuing and global basis the registration of domain names by itself and in coordination with ICANN and other ICANN accredited registrars; (ii) to identify to users of the Internet the registrants of specific domain names; (iii) to enable hooster.net to identify, for its own business purposes, geographic, commercial, and marketing trends in the use and registration of domain names; and (iv) to abide by the requirements of the ICANN as that body may from time to time require the disclosure and processing of Registrant Information. (v) to abide by the requirements of the USTLD Administrator/Department of Commerce policy as they may from time to time require the disclosure and processing of Registrant Information In addition, hooster.net may disclose any Required Information, specified in paragraph 10, above, to third parties or to the public at large, for any purpose and at its discretion. hooster.net does not promise or represent that any such information, once provided as part of the registration process, will be maintained in secrecy, or otherwise withheld from the public for any purpose.

(b) hooster.net will take reasonable precautions to protect Required Information and Personal Information from loss, misuse, unauthorized access or disclosure, alternation, or destruction, consistent with the provisions of this Agreement.

(c) You understand and agree that for .us Domain Name Registrations Registration the U.S. Government shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by Registrant. “Data” means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded

15. Access and Modification of Required and Personal Information:

You may request a copy of your Required or Personal Information as maintained in hooster.net's records, and may modify or update such information. To request, modify, or update information, send an email request to hooster.net at admin@hooster.net. Telephone calls or written correspondence for this purpose will not be accepted. The email request must include your account name, address, email address, telephone number, and password as currently on file. All Registrant Information requested or updated in this manner will be sent or confirmed by email.

16. Limitation and Consent:

(a) hooster.net agrees that it shall not process the Required and Personal Information provided by you in a way which is incompatible with the purpose and other limitations set forth in paragraphs 11 and 14.

(b) You consent to the use and processing of the Required and Personal Information as described in this Agreement.

17. Limitation of Liability:

(a) You agree that our entire liability, and your exclusive remedy, with respect to any service provided under this Agreement, and any breach of this Agreement by hooster.net, whether inadvertent or intentional, is solely limited to the amount you paid for such service. You agree that we, Realnames, The Registries and our contractors, shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use, malfunction, or unavailability of any of the services, or for any costs incurred in obtaining substitute services. In the event that the law in which a court of competent jurisdiction and venue, as defined by this Agreement, resolving a dispute under this Agreement does not allow, or otherwise limits, the exclusion or limitation of liability for consequential or incidental damages, you agree that our liability before such courts is limited to the extent permitted by the applicable law. We disclaim, and you agree to hold us harmless from, any and all loss or liability resulting from, but not limited to:

• (i) loss or liability resulting from access delays or access interruptions;
• (ii) loss or liability resulting from data non-delivery or data misdelivery;
• (iii) loss or liability resulting from acts of God;
• (iv) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password;
• (v) loss or liability resulting from errors, omissions, or misstatements in any and all information or services provided under this Agreement; and
• (vi) loss or liability resulting from the development or interruption of your Web site or email service.

18. General Indemnity:

a) You agree to defend, indemnify and hold harmless Dot Registrar, and any other relevant domain name Registry, as well as the contractors, agents, employees, officers, directors and affiliates of us and these registries, from all liabilities, claims and expenses (including attorney's fees) of third parties relating to or arising (i) under this Agreement, (ii) the Services provided hereunder, or (iii) your use of the services.

(b) This defense, indemnification, and hold-harmless agreement covers, without limitation, any infringement by you (or by someone else using your email service or identity) of: (i) any intellectual property or other proprietary right of any other person or entity; and (ii) the violation of any of our operating rules or policies relating to the services provided.

(c) In the event that we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify any relevant domain name registry or us. Your failure to provide those assurances may be considered by us to be a material breach of this Agreement, and will authorize us, at our discretion and without further notice, to suspend, cancel or transfer your domain name, and to suspend or terminate your account.

(d) You acknowledge that any New Registry will have no liability of any kind for any loss or liability resulting from the proceedings or processes relating to any Sunrise or Land Rush Periods, including, without limitation: (i) the ability or inability of a registrant to obtain a Registered Name during these periods; and (ii) the results of any dispute over a registration made or sought during a Sunrise Period.

19. Breach:

You agree that your failure to abide by any provision of this Agreement, of any operating rule or policy published by us, or of the Dispute Policies, may be considered by us to be a material breach. We may provide a written notice describing such breach to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence which, in our discretion, is reasonably satisfactory that you have not breached your obligations under the Agreement, you authorize us to cancel or suspend your registration or reservation of your domain name, or terminate your account or other services we may be providing, without further notice. Any such breach by you shall not be deemed to be excused for the mere reason that we failed to recognize such breach at an earlier time, or, having recognized such breach, having failed to provide notice sooner in response to such breach. Further, no breach or remedy for any breach shall be deemed waived unless and until we provide written notice to you specifying such waiver.

20. Abuse of Service:

(a) You agree not to abuse the services provided by hooster.net, whether intentionally or negligently. Abuse of service is any activity involving the use of services provided by hooster.net which (i) adversely affects the service that hooster.net can provide to other customers; (ii) adversely affects the ability of hooster.net to administer itself or to administer its services; (iii) adversely affects the ability of hooster.net to abide by ICANN or Registries policies and procedures, or by the laws or regulations of any state in which hooster.net customers may reside or do business; (iv) makes use of hooster.net's services to violate the laws or regulations of any jurisdiction in which the Internet may operate; or (v) adversely affects the legal rights of a third party.

(b) You hereby represent and agree that, to the best of your knowledge, neither the registration of the domain name, nor the manner in which it will directly or indirectly used, infringes the legal rights of any third party.

(c) Examples of abuse of service include, but are not limited to, the following:

• (i) Using automated means to repeatedly, and in a continuous fashion, attempt to register domain names, or make use of Whois services to survey domain names, whether or not those domain names have been previously registered by another party, in such a manner as to pose the risk of impeding hooster.net from providing timely service to other subscribers;
• (ii) Using domain names registered through hooster.net to send unsolicited mass mailings of a commercial nature to Internet users, e.g., spamming;
• (iii) Using hooster.net's servers, without the prior authorization of hooster.net, as part of a method of sending anonymous email to one or more Internet users;
• (iv) Registering a domain name with the intent to deprive a rightful holder of a trademark the value or benefit of that holder's use or possession of such trademark.

21. No Guaranty:

(a) You understand and agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to the registration, reservation, or use of the domain name.

22. Disclaimer of Warranties:

You warrant that the information that you provide to us to register or reserve your domain name or register for other Services is, to the best of your knowledge and belief, accurate and complete, and you agree to provide any future changes to this information to us in a timely manner, and in accord with the modification procedures in place at that time.

You agree that your use of our services is solely at your own risk. You agree that such Services are provided on an "as is," and "as available" basis. We expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the our email service, or that defects in the services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the our email service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the email service or any transactions entered into through the email service. No advice or information, whether oral or written, obtained by you from us or through the email service shall create any warranty not expressly made herein. (Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.)

23. Revocation:

(a) You agree that we may, at our discretion, reassign, cancel or suspend the registration of your domain name, or terminate your right to use other services, if the Account Information which you provided or updated contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register, renew, reserve or transfer your domain name. You agree that we may, in our sole discretion, deactivate or transfer your domain name at any time subject to domain name ownership and registration rights under applicable law and the liability provisions within this agreement.

(b) hooster.net and the TLD Administrators reserve the right to deny, cancel or transfer any registration that they deem necessary, in their discretion, (1) to protect the integrity and stability of the registry, (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, (3) to avoid any liability, civil or criminal, on the part of TLD Administrators or hooster.net as well as their affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders, (4) for violations of this Agreement, or (5) to correct mistakes made by TLD Administrators or any registrar in connection with a domain name registration. TLD Administrators and hooster.net also reserve the right to freeze a domain name during resolution of a dispute.

24. Right of Refusal:

We, in our sole discretion, reserve the right to refuse to register, renew, reserve, or transfer your chosen domain name, or provide you with other services, or cancel or suspend the registration of your domain name within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register, renew, reserve, or transfer your domain name or provide you with other Services, or we cancel or suspend your domain name or other services within such thirty (30) calendar day period, we agree to refund your applicable fees. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, renew, reserve, or transfer your domain name; from our cancellation or suspension of the registration of your domain name; or from our refusal to provide you with other services.

25. Transfer of Domain Name by Registrant:

(a) You may request a transfer of the registration a domain name from another Registrar to hooster.net. Alternatively, you may request a transfer of a domain name from registration with hooster.net to registration with another Registrar. Under either circumstance, no such request for a transfer will be honored by hooster.net for a period sixty (60) days after your initial registration of the domain name, that is, upon your initial registration of the name, regardless of whom your initial Registrar might have been, hooster.net will not honor any transfer request, to or from hooster.net, for a period of sixty days (commencing on the day after such registration); thereafter, hooster.net will honor your requests for transfers of your domain name as frequently as you may desire.

(b) hooster.net has the right to verify the authenticity of a domain name transfer request, and may reject any such request, in its own discretion, absent credible proof that you or your agent has requested or authorized the transfer of the name.

26. Non-Confidentiality:

The terms of this Service Agreement are not confidential.

27. Severability:

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable by a court of competent jurisdiction and venue, as specified in this Agreement, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

28. Non-Agency Among the Parties:

Nothing contained in this Agreement, the provisions incorporated herein, the rules and policies published by us, or the Dispute Policy established by ICANN and referenced above shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

29. Non-Waiver:

The failure of RealNames, the Registry or hooster.net to require performance by you of any provision contained in this Agreement shall not affect our right to require full performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be considered or held to be a waiver of the provision itself.

30. Notices:

(a) Unless specified otherwise in this Agreement, any notice, direction, or other communication required or referenced under this Agreement shall be in writing, and shall effective upon delivery by one of the following means: transmission by email, or delivery regular mail.

(b) Notice by email to hooster.net must be sent to sales@hooster.net. Notice to you shall be sent to the email address provided by you in your Account Information as it may be updated.

(c) Notice by regular mail to hooster.net shall be sent to:

HOOSTER.NET - PC SUPPORT LAND

2901 BAYVIEW AVENUE P.O.BOX 91073

TORONTO ON M2K2Y6 CANADA

(d) Notice by regular mail to you shall be sent to the mailing address provided in your Account Information (or any affiliate application provided by hooster.net) as it may be updated.

(e) Any email communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m., Miami, Florida (Eastern Time), and, otherwise, on the next business day. Any communication sent via regular mail shall be presumed to have been validly and effectively delivered 5 business days after the date of mailing.

(f) Any E-mail notice will be deemed delivered when the message has been transferred to the e-mail server that your declared e-mail address resides in. It's you responsibility to allow our communications by-pass any E-mail filter or any software that prevent our notices to reach your e-mail Account.

31. Agents:

(a) If an account is opened, or our services are utilized or purchased, on your behalf by an agent (e.g., an Internet Service Provider or your employee) you agree that you are bound as a principal to this agreement, by the actions of that agent, to all terms and conditions herein including the Dispute Policy.

(b) If you are acting as an agent, that is, opening an account or registering a domain name, on behalf of another person, You hereby represent and agree that you have provided notice equivalent to that set forth in paragraphs 10 through 15, above, to any third party individuals whose Registrant Information you have supplied to hooster.net; and that you have obtained consent equivalent to that referred to in paragraph 16, above, from any such third party. You agree that if we receive instructions regarding the domain name(s) from you principal, and that principal is properly identified as being the registrant of the domain name(s), you authorize us to comply with such instructions.

32 . Entirety:

You agree that this Agreement, the provisions incorporated herein, the rules and policies published by us, and the Dispute Policies established by ICANN, Real Names, the usTLD administrator and referenced above, constitute the complete and exclusive agreement between you and us regarding our services. This exclusive agreement supersedes any and all prior agreements and understandings, whether established by custom, practice, policy, or precedent.

33. Choice of Law and Venue:

This agreement and all rights hereunder shall be governed by the laws of the State of Florida. Any judicial action relating to this Agreement, or to the use of the hooster.net site, shall be brought exclusively in the state or federal courts of the State of Florida, in the United States: if state court, then in the courts of Florida, in Dade County; and if federal court, in the Southern District of Florida, Dade County Division. This provision is subject to any exceptions or contrary provisions set forth in Paragraph 8, above.

34. Infancy:

You attest that you are of legal age in your domicile to enter into this Agreement. In the event that you are not of such age, then we are authorized, at our discretion to terminate this agreement and to cancel the registration of your domain names.

35. Acceptance:

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING AS A CUSTOMER OF hooster.net AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.