Acceptance of Terms Through Use

This site provides you the ability to learn about Regal Host™ and its products and services as well as the ability to access our network and services ("Regal Host Services"). By using this site, and any other site owned and operated by Regal Host, you signify your agreement to the terms, conditions and notices of this policy. "You" when used in this statement shall mean the Regal Host Customer of record and Regal Host Customer end users.

This Acceptable Use Policy is used in conjunction with the terms of your service agreement. Violating any of these policies grants Regal Host the authority to take action to restrict or terminate your access to Regal Host Services. We reserve the right, at our discretion, to update or revise this policy, any other policy or statement on any Regal Host website, and any product offerings or programs described on any Regal Host website. Please check back periodically to review any changes to this policy.

Regal Host disclaims, to the maximum extent permitted by law, all warranties, representations or other endorsements, express or implied, with regard to the information accessed from, or through, this service, the systems which provide it and the Internet, including all warranties of merchantability or fitness for a particular use, or non-infringement of any third-party rights. Regal Host does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or materials accessed. In no event shall Regal Host (or any persons or entities related thereto) be liable for any special, indirect, or consequential damages associated with or arising from use of this service in any way, including any loss of use, data or profits, regardless of the form of action. Any failure by Regal Host to enforce this policy in every instance in which it might have application does not amount to a waiver of Regal Host's rights

Lawful Use

You must use this site and the Regal Host Services in accordance with the terms of this policy and your Regal Host Service Agreement, and in accordance with all federal, state and local laws, ordinances, and regulations.

User Conduct, Prohibited or Unlawful Use

In order to maintain an informative and valuable service that meets the needs of the users of this site and Regal Host Services, the following rules have been established to protect against abuse.

Use of this site or Regal Host Services for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of this site, the Regal Host Network or Regal Host Services or any other party's use or enjoyment of this site, the Regal Host Network or Regal Host Services, is strictly prohibited.

Specifically, you may not:

-Attempt to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any Regal Host Services or those of any other party

-Interfere with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system

-Forge any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting

-Falsify address information or otherwise modify e-mail headers to conceal the sender's or the recipient's identity

-Use this site or Regal Host Services to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider

Additionally, you may not, by use of any Regal Host Service or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that, in Regal Host's discretion:

-Is unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, deceptive, fraudulent, invasive of another's privacy, tortious, indecent, pornographic or inaccurate

-Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason

-Is posted in violation of a newsgroup charter

-Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer

-Has a negative effect on Regal Host or its network (including, without limitation, overloading servers on the Regal Host Network; causing portions of the Regal Host Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of Regal Host, impose an unreasonable administrative burden on the company; etc.).

-Constitutes unsolicited duplicative e-mail (commercial or otherwise)

---This prohibition extends to the sending of unsolicited and/or mass e-mailings from any Regal Host account, or via another service which in any way (i) implicates the use of this site or Regal Host Services, Regal Host equipment or any Regal Host e-mail address; (ii) that is relayed from any Regal Host or third party's mail servers without permission; (iii) which employs techniques to hide or obscure the source of the e-mail; (iv) which are sent, or caused to be sent, to or through the Regal Host Network that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing may be deemed to be counterfeit.

---A communication may be unsolicited if: (1) recipients' email addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from sender, or (3) recipients have opted out of receiving communications from sender when given notice of the opportunity to do so.

---Senders should: (i) confirm that the actual owner of each email address, particularly email that are part of a list, agreed to receive email and/or bulk email from the sender; (ii) include their email and/or physical address in any bulk mailings; and (iii) provide recipients with an effective means of removing their email from lists.

PLEASE NOTE: The transmission of unsolicited bulk e-mail, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, including those provided by the federal Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM") (P.L. 108-187) or Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.); the Virginia Computer Crimes Act (Va. Code Ann. § 18.2-152.2 et seq.) (amended effective July 1, 1999); the Washington Commercial Electronic Mail Act ( Wash. Rev. Code Chapter 19.190 et seq.); and any other applicable statutes and regulations.

Regal Host reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the Regal Host Network, including the right, without prior notice, to perform vulnerability tests on systems residing on IP address space belonging to Regal Host which may be allocated for Customer use. The purpose of such testing includes, but is not limited to, testing of mail servers or proxy servers for unrestricted third party relaying. Regal Host will use commercial reasonable efforts to ensure that such testing will not adversely affect Service provided to Customer or compromise the security of Customer's network. Customer may be required to correct any system vulnerability upon notification and/or suspend or terminate operations of a known compromised system.

Your participation in online communication or use of any Regal Host service is not edited, censored or otherwise controlled by Regal Host. However, Regal Host reserves the right to monitor content on this site and any Regal Host Services and to remove content, disable sites, or suspend or terminate services if Regal Host, in its discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.

International Use

Regal Host makes no representation that materials available on this site or any or through any Regal Host service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who access this site or any site hosted by Regal Host from other locations are responsible for compliance with local law.

Intellectual Property Rights

Copyright: All Regal Host web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of Regal Host © 2000-2005. All rights reserved. If any pages, information or content is copied, it may only be copied for non-commercial uses and Regal Host shall, in any event, retain all copyright and other proprietary interests therein.

Trademark: Regal Host; the Regal Host design logo; , and all other related names, design marks, product or feature names are either registered trademarks or trademarks of Regal Host in the United states and/or other countries. Regal Host marks may not be used without the express written permission of Regal Host. All other products and services referenced in this site are the trademark or services marks of their respective owners.

Patents:

You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any Regal Host service. Nothing on any Regal Host website shall be interpreted or implied in such as way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to Regal Host by virtue of it being displayed or made accessible on any Regal Host website. Except as expressly authorized, you agree not to use this site or any Regal Host Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any Regal Host Services.

If you use a domain name or content in connection with the Regal Host web hosting, or any other web hosting service, you must not use that domain name or content in any way which violates any trademark, service mark, or similar rights of any third party.

User's Grant of Limited License

By posting or submitting content to any Regal Host website, you:

-Grant Regal Host the right to use, reproduce, display, adapt, modify, distribute and have distributed the content in any form, anywhere and for any purpose, subject to the Regal Host Privacy Policy, which is incorporated in and made a part of this Policy; and,

-Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Regal Host will not infringe or violate the rights of any third party.

Internet Relay Chat Rules

You must not use any programs that may or will interfere with another's use of this site or Regal Host Services. You must not run any Internet Relay Chat ("IRC") robot on any IRC server which might interfered with the Services or otherwise violate this AUP. When logged into any IRC server, you must comply with the rules and policies established by that IRC's service administrator.

Dial-up Use Rules

When accessing Regal Host Services via dial-up, you must not use Regal Host Services to operate server programs, including but not limited to, mail, IRC, ftp or Web servers. You must not use dial-up access on a standby or inactive basis in order to maintain a connection. The use of automated electronic or mechanical processes to maintain a constant connection, such as the use of an auto-dialer, persistent checking of e-mail or "pinging" the host, are prohibited.

Controlling Law and Termination

This Authorized Use Policy is subject to, and shall be construed and enforced in accordance with the laws of the State of Arizona without regard to its choice of law principles, and any disputes hereunder shall be brought in the United States District Court for the State of Arizona

Notices

The Regal Host Terms of Service Agreement and Acceptable Use Policy prohibit acts of copyright and trademark infringement and other unlawful behavior by Regal Host subscribers. Regal Host takes subscriber violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services, or take other action as necessary.

General Complaints: Please send reports of any activity in violation of this Acceptable Use Policy to webmaster@regalhost.com. Regal Host will reasonably investigate incidents involving such violations. Regal Host may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.

Copyright/Trademark Infringement Complaints: If you believe that your copyright or trademark has been used by an Regal Host subscriber without permission, such that the use may constitute infringement of your intellectual property rights, please contact webmaster@regalhost.com.

Regal Host Privacy Policies.

Regal Host respects the privacy of every individual. This Privacy Policy applies to Regal Host retail Customers and visitors to Regal Host websites in the United States. The policy applies to all Regal Host companies that collect and/or use Customer information ("Regal Host") as well as all web sites owned and operated by Regal Host including www.RegalHost.com, and related sites (collectively "the Regal Host Sites"). This policy statement provides detailed information about how Regal Host collects and uses information gathered about web visitors and Customers. This policy is dated and may change from time to time, so please check back periodically to review this information.

I. General Principles:

Personal privacy is important to Regal Host. We respect the privacy of every individual and take reasonable measures to protect the privacy of information provided to Regal Host by others. The personal information collected by Regal Host falls into two basic categories: (1) information collected from and/or provided by web-site visitors to the Regal Host Sites; and (2) information collected about Customers. Third-party service providers or those whose sites may appear on the Regal Host Sites may also collect personal information; however, their practices are not necessarily within the control of Regal Host.

A. Information Collected Via the Internet

The information available to Regal Host when a web visitor is on an Regal Host Site helps Regal Host to improve the quality and usefulness of our sites. In general, Regal Host gathers some generic information automatically to make the Regal Host Sites more helpful to visitors. Generic information does not reveal the identity of a visitor, and usually consists of the Internet address assigned to the visitor's computer, the number and frequency of visitors, the Regal Host Sites visited, etc. Regal Host accomplishes this by using certain technologies, such as web log analysis, data-tagging tools and/or "cookies. " These technologies can be used to provide the visitor with tailored information about Regal Host services and help make our sites more responsive by helping to personalize each visitor's experience. Regal Host does not combine information collected in this way with any personally-identifiable information. If you don't want to accept cookies, you can set your browser to notify you when you receive a cookie and so that it can be refused or accepted. Refusing cookies may, however, make certain features on Regal Host Sites unavailable.

Of course, some activities require personal information -- when making a purchase, enrolling for a referral program, using a credit card to pay for services, submitting a resume, requesting certain types of information, sending an e-mail to an Regal Host Site, etc. (when provided by web visitors who are or become Customers as a result of their visit to an Regal Host Site, such information will thereafter be treated as Customer information, see below). On those sites where visitors voluntarily submit questions, comments, feedback, suggestions, ideas or the like, Regal Host will treat that portion of the information as non-confidential and non-proprietary and assumes no obligation to protect such information from disclosure.

Whenever personal information is provided on an Regal Host Site, it will be used for the specific purpose or to respond to the specific request for which it was given. In most cases, there is the opportunity to select whether Regal Host may, or may not, use this information for additional purposes.

Absent any instructions limiting the use of a visitor's information, Regal Host may use the contact information provided by visitors to Regal Host Sites to provide information about additional services and products offered by the Regal Host family of companies, Regal Host authorized agents, and other goods and services providers with whom Regal Host has relationships and whose offerings might be of interest to visitors. Regal Host will not, however, sell or trade a visitor's personal information unless we are authorized by you or legally required to do so, or in the case of imminent physical harm to the visitor or others.

Information disclosed in a public space, including on any bulletin board, chat room, or website Regal Host hosts for Customers as part of Regal Host services is available to anyone else who visits that space. Regal Host cannot safeguard any information that is disclosed or stored in these locations. Additionally, Regal Host websites contain links to sites that belong to third parties unrelated to Regal Host. Regal Host assumes no responsibility for the content accessible on such sites or the privacy practices of those content providers and recommends that visitors to those sites review the privacy policy statements of those sites.

B. Information Collected from Customers

1. Customer Information Collected by Regal Host

When enrolling for or purchasing services from Regal Host, or participating in a business referral program, Customers may be required to provide some or all of the following information in order to establish an account and order services: Name; Service Delivery Location/Address; Billing Address; Account Number; Credit card number; Phone or Fax Number; and Email Address. For account security, verification or tax purposes, Regal Host may also request: Date of birth, Social Security Number or Driver's license number of the person placing the order or making a service request. For corporate accounts, Regal Host may also request the Company/Customer name, Federal Tax ID, and other information a company Customer/employer may ask Regal Host to collect, such as purchase order number, employee number and job title of the individual responsible for business account administration.

2. How Regal Host Uses Customer Information

Regal Host needs the Customer information it collects from telephony and data Customers to process orders, provide and bill for services. Regal Host may also share necessary information with outside parties, such as third party vendors or shipping companies, to complete an order.

Absent any instructions otherwise, Regal Host may use Customer information and/or CPNI to provide information about additional services and products offered by the Regal Host family of companies, Regal Host authorized agents, and other goods and services providers with whom Regal Host has relationships and whose offerings might be of interest to Customers. Regal Host will not, however, sell or trade CPNI or other contact information unless we are authorized by a Customer or legally required to do so. You may update your contact information and/or request that Regal Host refrain from using your CPNI or other contact information for commercial purposes by contacting your Customer Care representative (information on contacting Care can be found at http://www.RegalHost.com. Restricting use of CPNI or opting out of receiving commercial communications from Regal Host will not necessarily eliminate all Regal Host marketing contacts about the Services provided to a Customer. Additionally, Regal Host and its agents can and will use Customer contact information to get in touch with Customers if Regal Host has trouble processing an order or needs to contact a Customer about a service or billing related matter. Regal Host may also, where permitted by law or authorized by a Customer, provide this information to credit bureaus, or provide information and/or sell receivables to collection agencies, to obtain payment for Regal Host-offered products and services.

II. Email Addresses

Regal Host collects email address information from Internet visitors and Customers (where voluntarily provided or required). Regal Host will use your email address to respond to any email inquiry sent to Regal Host, or to follow up on your visit to the Regal Host Sites. From time to time, Regal Host may send emails about Regal Host products and services, or offers that Regal Host believes will be of interest. Regal Host may also share your email address with providers whom Regal Host has a relationship with and who either provide Regal Host-offered services or whose products or services may also be of interest. In all cases, we hope recipients will find this information useful, but if you do not wish to receive such email from Regal Host, please indicate that you'd prefer not to receive such information or offers from Regal Host when you provide your email address. You can always change your preferences by contacting webmaster@regalhost.com to update your contact preferences.

III. Exceptions and Limitations

There are times when, in order to comply with applicable laws, regulations, court or administrative orders, subpoenas or other matters, Regal Host must disclose information. Regal Host cooperates fully with state, local, and federal officials in any investigation relating to any content (including personal or private electronic communications transmitted to Regal Host) or purported unlawful activities of any user of any Regal Host Site or Regal Host service, and takes reasonable measures to protect the proprietary rights of the Regal Host Companies. If necessary to comply with law or cooperate with law enforcement activity, Regal Host may disclose personally identifiable information of web visitors and/or Customers. Regal Host reserves the right to, and will, share information when it believes, in its sole discretion, it is necessary to prevent unlawful use of communications services, when necessary to repair or restore network outages, in emergency situations (e.g. 911 calls; matters of public safety, etc.) or to protect the security or integrity of the Regal Host Sites or the Regal Host Companies. In addition, Regal Host may monitor the areas of communication of any kind (i) to satisfy any law, regulation, or government request (e.g. response to private or law enforcement-issued subpoena); (ii) if such disclosure is necessary or appropriate to operate Regal Host (e.g. recording of Customer Care calls); or (iii) to protect the rights or property of Regal Host or others (e.g. to prevent fraud, infringement of rights, etc.).

Additionally, in connection with the potential sale or transfer of any of its interest in any Regal Host Affiliate or Regal Host Site, Regal Host reserves the right to sell or transfer visitor or Customer information to a third party that (i) concentrates its business in communication products or services; (ii) agrees to be Regal Host's successor in interest with regard to the maintenance and protection of information collected and maintained by Regal Host; and (iii) agrees to the material obligations of this policy statement.

IV. Security

Regal Host utilizes technological and business efforts to keep Customers' personal information secure and confidential through safeguards such as the use of secure encryption technology during transmission of certain data, or by restricting physical access to systems on which personal information is stored by appropriate logon and/or password controls. Information collected from visitors and Customers is stored in databases Regal Host controls directly or through contracts with service providers. Credit card information is used only to bill Customers for the products and services they receive. Regal Host does not share credit card information except as may be necessary to process Customer transactions. On those Regal Host Sites where you may provide Regal Host with credit card or other ordering information via the web, Regal Host employs customary web-based security and encryption protocols, examples of which include Secure Socket Layer (SSL) and Secure Electronic Transaction (SET), to secure transmission of that information. However, as effective as modern security practices are, no physical or electronic security system is impenetrable. Regal Host cannot guarantee the security of databases, nor can Regal Host guarantee that information supplied by you will not be intercepted while being transmitted over the Internet.

V. Protecting the Privacy of Children

Protecting the privacy of the very young is uniquely important, particularly on the Internet. Regal Host Sites are designed to provide commercial business information and allow service ordering and management by adults. Regal Host Sites are not designed to attract minors, in particular children under the age of 13. Regal Host does not market to or knowingly collect information from anyone under the age of 13. Children should always get permission from their parents before sending any information about themselves (such as their names, email addresses, and phone numbers) to anyone over the Internet.

01/16/05

Regal Host

Web Site and Virtual Hosting Service Agreement

This Web Site Hosting Service Agreement ("Agreement") is by and between Regal Host ("Regal Host"), an Arizona Corporation, and you, your heirs, assigns, agents and contractors ("You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Regal Host's Web Site Hosting ("Web Hosting") services and represents the entire agreement between You and Regal Host. By using Regal Host's Web Hosting services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which Regal Host may establish from time to time. You may view the latest version of this Agreement online.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Regal Host, whether or not the transactions were in Your behalf. You acknowledge that Regal Host's acceptance of any application made by You for services provided by Regal Host will take place at Regal Host's offices located in Scottsdale, Arizona, USA.

1. Description of service

Regal Host currently provides Web Hosting and Virtual Hosting services to its customers for a monthly fee. Regal Host will host Your web site on Regal Host's Web Hosting and Virtual Hosting servers, provided, however, You abide by the terms and conditions set forth herein and in each of Regal Host's policies and procedures.

License of Your website content

Regal Host grants to You, and You accept from Regal Host , a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet Your website content in connection with Regal Host's performance or enforcement of this Agreement.

Availability of Services

Subject to the terms and conditions of this Agreement, Regal Host shall attempt to provide Web Hosting and Virtual Hosting for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time the Web Hosting and Virtual Hosting service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Regal Host may undertake from time to time; or (iii) causes beyond the control of Regal Host or which are not reasonably foreseeable by Regal Host , including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that Regal Host has no control of availability of Web Hosting and Virtual Hosting on a continuous or uninterrupted basis.

Web Site Content

You shall be solely responsible for providing, updating, uploading and maintaining Your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Web Hosting services.

SSL Certificates

Any SSL certificate You purchase from Regal Host or its affiliates to use in conjunction with a shared hosting plan or Virtual Hosting plan provided by Regal Host, is intended for its specific use as described in the Subscriber Agreement and will not be exported from the hosting server to be used with any other web hosting service. If You are using an SSL certificate on a web site hosted by Regal Host, Regal Host will generate and securely store a corresponding private key.

For security reasons, at no time will Regal Host release Your private key, even if You request it. If You wish to export Your SSL certificate for use on a non Regal Host hosting server, You will need to make a request to Regal Host no earlier than 30 days after Your initial SSL subscription began. After Your hosting account with Regal Host has been canceled, You will have thirty (30) days to follow the Starfield Secure Certificate Registration Process and request a re-key of the SSL certificate, or Your SSL certificate will become invalid.

4. Your Obligations

You agree that You have provided accurate, current and complete information in the application process and that You will notify Regal Host within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Regal Host to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Regal Host has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Regal Host has the absolute right, in its sole discretion, to terminate its Web Hosting services and close Your account. You represent and warrant to Regal Host that: (i) You have the power and authority to enter into and perform

Your obligations under this Agreement; (ii) Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and (iii) You own Your website content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site.

Authorized Software. You also warrant that the web site being hosted by Regal Host will not be used in connection with any illegal activity. If You are hosting Your web site on Regal Host's servers, You are responsible for ensuring that there is no excessive overloading on Regal Host's DNS or servers. You may not use Regal Host's servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Regal Host reserves the right to remove sites that contain information about hacking or links to such information. Use of your web site as an anonymous gateway is prohibited.

Regal Host prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Regal Host. You agree that Regal Host reserves the right to remove Your web site temporarily or permanently from its hosting servers if Regal Host is the recipient of activities that threaten the stability of its network.You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: (i) disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; or (viii) engage in any other activity deemed by Regal Host to be in conflict with the spirit or intent of this Agreement or any Regal Host policy.

Storage and Security

At all times, You shall bear full risk of loss and damage to your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree that you are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your web site content; (ii) maintain independent archival and backup copies of Your web site content; (iii) ensure the security, confidentiality and integrity of all your web site content transmitted through or stored on Regal Host servers; and (iv) ensure the confidentiality of Your password. Regal Host's servers and hosting services are not an archive and Regal Host shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify Regal Host, whereupon Regal Host shall suspend access to Your web site by use of such password and issue a replacement password to You or Your authorized representative. Regal Host will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Regal Host or another party due to someone else using Your account or password.

Revised: 1/19/05

Copyright © 2001 - 2005 Regal Host. All Rights Reserved.

ICANN

Registrar Transfer Dispute Resolution Policy

12 Jan. 2005

In any dispute relating to Inter-Registrar domain name transfers, Registrars are encouraged to first of all attempt to resolve the problem among the Registrars involved in the dispute. In cases where this is unsuccessful and where a registrar elects to file a dispute, the following procedures apply. It is very important for Registrars to familiarize themselves with the Transfer Dispute Resolution Policy (TDRP) as described in this document before filing a dispute. Transfer dispute resolution fees can be substantial. It is critical that Registrars fully understand the fees that must be paid, which party is responsible for paying those fees and when and how those fees must be paid.

The TDRP and corresponding procedures will apply to all domain names for which transfer requests are submitted on or after the effective date of this policy.

1. Definitions

1.1 Dispute Resolution Panel

The Dispute Resolution Panel shall mean an administrative panel appointed by a Dispute Resolution Provider ("Provider") to decide a Request for Enforcement concerning a dispute under this Dispute Resolution Policy.

1.2 Dispute Resolution Provider

1.3 The Dispute Resolution Provider must be an independent and neutral third party that is neither associated nor affiliated with either Registrar involved in the dispute or the Registry Operator under which the disputed domain name is registered. ICANN shall have the authority to accredit one or more independent and neutral Dispute Resolution Providers according to criteria developed in accordance with this Dispute Resolution Policy.

1.4 FOA

Form of Authorization - The standardized form of consent that the Gaining Registrar and Registrar of Record are required to use to obtain authorization from the Registrant or Administrative Contact in order to properly process the transfer of domain name sponsorship from one Registrar to another.

1.5 Gaining Registrar

The Registrar that submitted to the Registry the request for the transfer of a domain sponsorship from the Registrar of Record.

1.6 Registrar of Record

The Registrar of Record for a domain name for which the Registry received a transfer of sponsorship request.

1.7 Registrant

The Registrant is the individual or organization that registers a specific domain name. This individual or organization holds the right to use that specific domain name for a specified period of time, provided certain conditions are met and the registration fees are paid. This person or organization is the "legal entity" bound by the terms of the relevant service agreement with the Registry operator for the TLD in question.

1.8 Registry (Registry Operator)

The organization authorized by ICANN to provide registration services for a given TLD to ICANN-accredited Registrars.

1.9 Supplemental Rules

The Supplemental Rules shall mean those rules adopted by the Registry Operator, in the case of First Level disputes (as set forth below), or the Provider administering a proceeding (in the case of all other disputes) to supplement this Policy. Supplemental Rules shall be consistent with this Dispute Resolution Policy and shall cover topics such as fees, word and page limits and guidelines, the means for communicating with the Provider, and the form of cover sheets.

1.10 Transfer Policy

The Policy on Transfer of Sponsorship of Registrations between Registrars which is in force as part of the Registry-Registrar Agreement executed between a Registrar and the Registry, as well as the Registrar Accreditation Agreement which is executed between ICANN and all ICANN- accredited registrars.

2. Dispute Resolution Process

There are two possible steps to the Registrar Transfer Dispute Resolution Process. A Registrar may elect one or both of the steps pursuant to the rules below. In the event a Registrar either files a Request for Enforcement (as described below) with a Second-Level Dispute Provider, or files an Appeal (as described below) with a Dispute Provider, it may not revert to the First-Level Registry option later for the same filing or matter presented for resolution.

2.1 First Level - Registry Operator

A Registrar may choose to file a dispute directly with the relevant Registry Operator. Any decisions made by the Registry Operator may be appealed to a Dispute Resolution Provider. A Registrar may file a dispute directly to a Dispute Resolution Provider; however, in that case the filing Registrar would forfeit any right to appeal the decision of the Dispute Resolution Provider.

2.2 Second-Level - Dispute Resolution Panel

The primary intent of this step is to provide a means for registrars to appeal decisions made by the Registry at the first level of the dispute resolution process, but it may also be used as the first step if a registrar so elects. The decision of the Dispute Resolution Panel is final, except as it may be appealed to a court of competent jurisdiction.

2.3 Statute of Limitations

A dispute must be filed no later than six (6) months after the alleged violation of the Transfer Policy. In the case where a Registrar of Record alleges that a transfer was in violation of this Policy, the date the transfer was completed shall be deemed the date in which the "alleged violation" took place. In the case where a Gaining Registrar alleges that a transfer should have taken place, the date in which the NACK (as defined below) was received by the Registry, shall be deemed the date in which the "alleged violation" took place.

3. Dispute Procedures at the First Level (Registry)

3.1 Registrar files a Request for Enforcement with the applicable Registry Operator

3.1.1 Either the Gaining or Registrar of Record ("Filing Registrar") may submit a Request for Enforcement. This must be done in accordance with the Supplemental Rules adopted by the applicable Registry Operator.

3.1.2 The Request for Enforcement shall be submitted to the Registry and to the Respondent (the Non-filing Registrar) in electronic form and shall:

(i) Request that the Request for Enforcement be submitted for decision in accordance with the Registrar Transfer and Dispute Resolution Policy and the applicable Supplemental Rules;

(ii) Provide the name, postal and e-mail addresses, and the telephone and fax numbers of the Filing Registrar and those representatives authorized by the Filing Registrar to act on behalf of the Filing Registrar in the administrative proceeding;

(iii) Provide the name of the Respondent and all information (including any postal and e-mail addresses and telephone and fax numbers) known to Filing Registrar regarding how to contact Respondent or any representative of Respondent, including contact information based on pre-complaint dealings;

(iv) Specify the domain name(s) that is/are the subject of the Request for Enforcement;

(v) Specify the incident(s) that gave rise to the dispute;

(vi) Describe, in accordance with the Policy, the grounds on which the Request for Enforcement is based;

(vii) State the specific remedy being sought (either approval or denial of the transfer);

(viii) Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the complaint;

(ix) Certify that a copy of the Request for Enforcement, together with the cover sheet as prescribed by the Provider's Supplemental Rules, has been sent or transmitted to the Respondent; and

(x) Conclude with the following statement followed by the signature of the Complainant or its authorized representative:

"<insert name of Filing Registrar> agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute's resolution shall be solely against the Respondent and waives all such claims and remedies against the Registry Operator as well as its directors, officers, employees, and agents, except in the case of deliberate wrongdoing or gross negligence."

"<insert name of Filing Registrar> certifies that the information contained in this Request for Enforcement is to the best of Filing Registrar's knowledge complete and accurate, that this Request for Enforcement is not being presented for any improper purpose, such as to harass, and that the assertions in this Request for Enforcement are warranted under this Policy and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument."

3.1.3 The Request for Enforcement may relate to more than one domain name, provided that the domain names involve the same Filing Registrar and Respondent and that the claims arise out of the same or similar factual circumstances.

3.1.4 The Request for Enforcement shall annex the following documentary evidence (as applicable and available) in electronic form if possible, together with a schedule indexing such evidence:

(i) For the Gaining Registrar:

a. Completed Form of Authorization ("FOA")

b. Copy of the Whois output for the date transfer was initiated, which was used to identify the authorized Transfer Contacts

c. Copy of evidence of identity used

d. Copy of a bilateral agreement, final determination of a dispute resolution body or court order in cases when the Registrant of Record is being changed simultaneously with a Registrar Transfer

e. Copies of all communications made to the Registrar of Record with regard to the applicable transfer request along with any responses from the Registrar of Record

(ii) For the Registrar of Record:

a. Completed FOA from Registrar of Record if applicable

b. Copy of the Whois output for the date the transfer was initiated

c. Relevant history of Whois modifications made to the applicable registration

d. Evidence of one of the following if a transfer was denied: fraud; UDRP action; court order; Registrant or administrative contact identity dispute in accordance with Section 4 [Registrar of Record Requirements] applicable payment dispute along with evidence that the registration was put on HOLD status; express written objection from the Registered Name Holder or Administrative Contact; LOCK status along with proof of a reasonable means for the registrant to remove LOCK status as per Section __of Exhibit __ to this Agreement; domain name within 60 days of initial registration; or domain name within 60 days of a prior transfer.

e. Copies of all communications made to the Gaining Registrar with regard to the applicable transfer request along with any responses from the Gaining Registrar.

3.2 The Non-Filing Registrar ("Respondent") shall have seven (7) calendar days from receipt of the Request for Enforcement to prepare a Response to the Request for Enforcement ("Response").

3.2.1 The Response shall be submitted in electronic form to both the Registry and Filing Registrar and shall:

(i) Respond specifically to the statements and allegations contained in the Request for Enforcement (This portion of the response shall comply with any word or page limit set forth in the Dispute Resolution Provider's Supplemental Rules.);

(ii) Provide the name, postal and e-mail addresses, and the telephone and fax numbers of the Respondent (non-filing Registrar);

(iii) Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the Request for Enforcement;

(iv) State that a copy of the Response has been sent or transmitted to the Filing Registrar;

(v) Conclude with the following statement followed by the signature of the Respondent or its authorized representative:

"Respondent certifies that the information contained in this Response is to the best of Respondent's knowledge complete and accurate, that this Response is not being presented for any improper purpose, such as to harass, and that the assertions in this Response are warranted under these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument."; and

(vi) Annex any documentary or other evidence upon which the Respondent relies, together with a schedule indexing such documents.

3.2.2 At the request of the Respondent, the Registry Operator may, in exceptional cases, extend the period of time for the filing of the response, but in no case may the extension be more than an additional five (5) calendar days. The period may also be extended by written stipulation between the Parties, provided the stipulation is approved by the Registry Operator.

3.2.3 If a Respondent does not submit a response, in the absence of exceptional circumstances, the Registry Operator shall decide the dispute based upon the Request for Enforcement.

3.3 Registry Operator must review all applicable documentation and compare registrant/contact data with that contained within the authoritative Whois database and reach a conclusion not later than 14 days after receipt of the Response.

3.3.1 If the data included in the Request for Enforcement does not match the data listed in the authoritative Whois, the Registry Operator must contact each Registrar and require additional documentation.

3.3.2 If the Gaining Registrar cannot provide a complete FOA with data matching that contained within the authoritative Whois database, then the Registry Operator shall find that the transfer should be reversed. In the case of a thick Registry, if the Registrar of Record's Whois is not accessible or invalid, the Registry Operator's Whois should be used. In the case of a thin Registry, if the Registrar of Record's Whois is not accessible or is invalid, the Registry Operator must notify ICANN and place the dispute on hold until such time as the specific problem is resolved by ICANN.

3.3.3 In the case where a Registrar of Record denies a request for a domain name transfer ("NACKs"), the Registrar of Record must provide evidence of one of the factors for which it is allowed to NACK. If the Registrar of Record cannot provide evidence that demonstrates any of the factors, and the Gaining Registrar provides to the Registry a complete FOA with data matching that contained within the authoritative Whois database, then the transfer must be approved to be processed.

3.3.4 If the data provided by neither Registrar appears to be conclusive, then the Registry shall issue a finding of "no decision." If the data provided to the Registry is complete and provides sufficient basis for a determination based on the Policy, the Registry may not issue a finding of "no decision." Either Registrar shall be able to appeal such issue to a Second-Level Dispute Resolution Provider in accordance with the provisions set forth below.

3.4 Fees for First-Level Dispute Resolution Service

3.4.1 There is no filing fee assessed to the Filing Registrar at the time the Request for Enforcement is submitted to the Registry Operator.

3.4.2 The Registrar that does not prevail in the dispute will be assessed a fee to be set by the Registry Operator. Such fee shall be set forth in the Registry's Supplemental Rules that are in effect at the time that the Request for Enforcement was filed.

3.4.3 This fee shall not be passed on to the Registrant.

3.4.4 This fee will be charged after a final decision is rendered by the Registry. In the case that the Registry issues a finding of "no decision," the Registry Operator shall collect the applicable fees from the Filing Registrar.

3.5 Availability of Court Proceedings

The procedures set forth above shall not prevent a Registrar from submitting a dispute to a court of competent jurisdiction for independent resolution before such an administrative proceeding is commenced or after such proceeding is concluded. If a Registry Operator decides a domain name registration should be transferred (either to the Gaining Registrar, or alternatively, back from the Gaining Registrar to the Registrar of Record), the Registry will wait fourteen (14) calendar days after it is informed of the decision before implementing that decision. The Registry will then implement the decision unless it has received during that fourteen (14) calendar day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that a lawsuit has commenced with respect to the impacted domain name(s). If such documentation is received by the Registry Operator within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented to the Registry Operator that the parties have resolved such dispute; (ii) evidence is presented to the Registry Operator that the lawsuit has been dismissed or withdrawn; or (iii) the Registry Operator receives a copy of an order from such court.

4. Dispute Procedures at the Second Level with a Dispute Resolution Provider

4.1 The services of the Dispute Resolution Panel may be invoked in any of the following two situations:

(i) A Filing Registrar may elect to skip the First-Level dispute process at Registry level and submit a Request for Enforcement directly with a Dispute Resolution Provider;

(ii) The non-prevailing Registrar in a First-Level dispute proceeding may submit an appeal of the applicable Registry Operator's decision to the Dispute Resolution Provider. Additionally, in the case where the result in the First-Level dispute process is a "no-decision," either Registrar may file an Appeal of such decision to a Dispute Resolution Provider.

4.2 Initial Request for Enforcement

4.2.1 In the event that the Filing Registrar elects to submit a Request for Enforcement to the Dispute Resolution Provider in lieu of submitting a Request for Enforcement to the applicable Registry Operator, the obligations and responsibilities set forth in Sections 3.1 through 3.2 above shall apply.

4.2.2 The Dispute Resolution Panel appointed by the Dispute Resolution Provider must review all applicable documentation and compare registrant/contact data with that contained within the authoritative Whois database and reach a conclusion not later than thirty (30) days after receipt of Response from the Respondent.

(i) If the data does not match the data listed in authoritative Whois, the Dispute Resolution Panel should contact each Registrar and require additional documentation.

(ii) If the Gaining Registrar is unable to provide a complete FOA with data matching that contained within the authoritative Whois database at the time of the transfer request, then the Dispute Resolution Panel shall find that the transfer should be reversed. In the case of a thick Registry, if the Registrar of Record's Whois is not accessible or invalid, the applicable Registry Operator's Whois should be used. In the case of a thin Registry, if the Registrar of Record's Whois is not accessible or is invalid, the Dispute Resolution Provider may place the dispute on hold until such time as the problem is resolved.

(iii) In the case where a Registrar of Record NACKs a transfer, the Registrar of Record must provide evidence of one of the factors for which it is allowed to NACK as set forth in Section 3.1.4 (ii) of this Dispute Resolution Policy. If the Registrar of Record cannot provide evidence that demonstrates any of the factors, and the Gaining Registrar provides to the Dispute Resolution Provider a complete FOA with data matching that contained within the authoritative Whois database at the time of the transfer request, then the transfer should be approved.

(iv) Unlike under the First-Level dispute process, the Dispute Resolution Panel may not issue a finding of "no decision." It must weigh the applicable evidence in light of the Transfer policies and determine, based on a preponderance of the evidence, which Registrar should prevail in the dispute and what resolution to the Request for Enforcement will appropriately redress the issues set forth in the Request for Enforcement.

(v) Resolution options for the Dispute Resolution Panel are limited to the following:

a. Approve Transfer

b. Deny the Transfer (or ordering the domain name be returned to the Registrar of Record in cases where a Transfer has already occurred)

4.3 Appeal of First Level Dispute Decision or Registry Operator Finding of "No-Decision."

4.3.1 In the event that the Registrar which does not prevail in the First-Level dispute is dissatisfied by the Registry-Operator's decision, such Registrar may file an appeal with a Dispute Resolution Provider, provided that such appeal is filed no later than fourteen (14) calendar days after the date on which the First-Level decision was issued.

4.3.2 In the event that the Registry Operator issues a finding of "no-decision" in accordance with Section 3.3.4 above, either Registrar may file an appeal of such decision with a Dispute Resolution Provider, provided that such appeal is filed no later than fourteen (14) calendar days after the date on which the First-Level decision was issued.

4.3.3 In either case, the document submitted by the Registrar to the Dispute Resolution Provider shall be referred to as an "Appeal."

4.3.4 The Appellant shall submit the Appeal in electronic form and shall:

(i) Request that the Appeal be submitted for decision in accordance with the Policy and these Rules;

(ii) Provide the name, postal and e-mail addresses, and the telephone and telefax numbers of the Appellant and of any representative authorized by the Appellant to act on behalf of the Appellant in the administrative proceeding;

(iii) Provide the name of the Appellee and all information (including any postal and e-mail addresses and telephone and telefax numbers) known to Appellee regarding how to contact Appellee or any representative of Appellee, including contact information based on pre-Request for Enforcement and pre-Appeal dealings;

(iv) Specify the domain name(s) that is/are the subject of the Appeal;

(v) Specify the incident(s) which gave rise to the dispute;

(vi) State the basis for such appeal, including specific responses to the findings of the Registry Operator in the First-Level Dispute process. (This portion of the response shall comply with any word or page limit set forth in the Dispute Resolution Provider's Supplemental Rules);

(vii) Specify, in accordance with the Policy, the remedies sought;

(viii) Identify any other related legal proceedings known to the Appellant that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the complaint;

(ix) State that a copy of the Appeal, together with the cover sheet as prescribed by the Dispute Resolution Provider's Supplemental Rules, has been sent or transmitted to the Appellee; and

(x) Conclude with the following statement followed by the signature of the Appellant or its authorized representative:

"Appellant agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute's resolution shall be solely against the Appellee and waives all such claims and remedies against the Dispute Resolution Provider and the Registry Operator as well as their directors, officers, employees, and agents, except in the case of deliberate wrongdoing or gross negligence."

"Appellant certifies that the information contained in this Appeal is to the best of Appellant's knowledge complete and accurate, that this Appeal is not being presented for any improper purpose, such as to harass, and that the assertions in this Appeal are warranted under this Policy and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument."

4.3.5 The Appeal may relate to more than one domain name, provided that the domain names involve the same decision issued by the Registry Operator for the First-Level Dispute.

4.3.6 The Appeal shall annex any documentary evidence that was not already submitted to the Registry Operator during the First-Level Dispute.

4.3.7 A Dispute Resolution Provider must request all documentation relating to the First-Level Dispute from the applicable Registry Operator no later than seven (7) calendar days of receipt of the appeal. The Registry Operator shall submit such documentation to the Dispute Resolution Provider within seven (7) days of such request.

4.3.8 The Dispute Resolution Panel must review all applicable documentation and reach a conclusion not later than 30 calendar days after receipt of the Appeal.

(i) The Dispute Resolution Panel may submit questions to the Registry, the Appellant or Appellee.

(ii) Responses to all such questions must be received by the Dispute Resolution Panel within 7 days.

(iii) The Dispute Resolution Panel shall review each Appeal on a De Novo basis. Although the Dispute Resolution Panel is not bound by the findings of the Registry Operator in an Appeal, it shall have the discretion to consider such findings in reaching its own conclusions. The purpose of the Dispute Resolution Panel should be to make a determination as to whether the Appeal has merit based solely on the requirements of the current Transfer policy and determine the appropriate resolution to the issues presented.

(iv) The Remedies ordered by the Dispute Resolution Panel shall be limited to:

Approval of a Transfer

Denial of the Transfer (or ordering the domain name be returned to the Registrar of Record in cases where a Transfer has already occurred)

4.4 Fees for Second-Level Dispute Resolution Service

4.4.1 In the case of either a Request for Enforcement or an Appeal filed at the Second Level, the applicable Dispute Resolution Provider shall determine the applicable filing fee ("Filing Fee"). The specific fees along with the terms and conditions governing the actual payment of such fees shall be included in the Dispute Resolution Provider’s Supplemental Rules.

4.4.2 In the event that the Filing Registrar or Appellant, whichever applicable, does not prevail in a Second-Level dispute, the Filing Fees shall be retained by the Dispute Resolution Provider.

4.4.3 In the event that the Filing Registrar or Appellant, whichever applicable, prevails in a Second-Level dispute, the Respondent or Appellee, whichever applicable, must submit to the Dispute Resolution Provider, the Filing Fees within fourteen (14) calendar days after such decision. In such an event, the Dispute Resolution Provider shall refund to the Filing Registrar or Appellant, whichever applicable, the Filing Fees, no later than fourteen (14) calendar days after it receives the Filing Fees from the Respondent or Appellee. Such fees must be paid regardless of whether a Court Proceeding is commenced in accordance with Section 4.5 below. Failure to pay Filing Fees to the Dispute Resolution Provider may result in the loss of accreditation by ICANN.

4.5 Availability of Court Proceedings

The procedures set forth above shall not prevent a Registrar from submitting a dispute to a court of competent jurisdiction for independent resolution before such administrative proceeding is commenced or after such proceeding is concluded. If a Dispute Resolution Panel decides a domain name registration should be transferred (either to the Gaining Registrar, or alternatively, back from the Gaining Registrar to the Registrar of Record), such Registrar will wait fourteen (14) calendar days after it is informed of the decision before implementing that decision. The Registry will then implement the decision unless it has received from either of the parties to the dispute during that fourteen (14) calendar day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that a lawsuit has commenced with respect to the impacted domain name(s). If such documentation is received by the Registry, as applicable, within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented that the parties have resolved such dispute; (ii) evidence is presented that the lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the lawsuit or ordering certain actions with respect to the domain name.

This file last modified 12-Feb-2006

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