Terms and Conditions
OpenTLD / Freenom Reseller Accounts / Version 1.10

Table of Contents

1. Introduction.
2. Fees, payment and term of service.
3. Top Level Domains for which OpenTLD is the Registry Operator
5. Technical limitations and requirements.
6. Reseller obligations.
7. Modifications to agreement.
8. Modifications to your account.
9. Termination of this agreement.
10. Trademark policy
11. Domain name dispute policy
12. Acceptable use
13. Notices and announcements
14. Limitation of liability
15. Indemnity
16. Breach
17. No guaranty
18. Representations and warranties.
19. Disclaimer of warranties
20. Revocation
21. Right of refusal
22. Severability
23. Entirety
24. Transfer and assignment
25. Governing law
26. Agreement to be bound1. Introduction.
In this Reseller Agreement ("Agreement"), "you" and "your" refer to each reseller ("Reseller") and "we","us" and "our" refer to OpenTLD B.V. , doing business as Freenom, a company organized under the lawsof the Netherlands and registered with the Amsterdam Chamber of Commerce registration number
54730619. This Agreement explains our obligations to you, and your obligations to us in relation to youruse of our services. By selecting our service(s) you have agreed to establish an account with us for suchservices.
By agreeing with this Reseller Agreement you confirm that the you have read and understood every
clause of this Agreement and that you have independently evaluated the desirability of the service and is
not relying on any representation agreement, guarantee or statement other than as set forth in thisagreement.
Any acceptance of your application(s) for our services and the performance of our services will occur at
our office in Amsterdam, Netherlands, the location of our principal place of business.

2. Fees, payment and term of service.
As consideration for the services you have selected, you agree to pay us the applicable service(s) fees set
forth on our Web site at http://www.freenom.com and http://my.freenom.com at the time of your selection.
Unless otherwise indicated, all registration fees quoted are yearly prices and the same amount is due foreach subsequent year after the first. Except for the provisions listed in Article 4 below, all fees are prepaid,
meaning you need to ‘fund’ your account. This can be done using a bank transfer, credit card or PayPal.
Domain names or services registered under your account will charge your pre-paid balance and it is yourresponsibility to maintain funds under your account. Without any balance in your account, no domainname registrations or service purchases can be done. All prices and fees are subject to change without
notice. As your account is pre-funded, any domain name registration will be activated immediately. You
agree that you will pay for any charge backs or bank processing fees charged to us as the result of any
action you take or may have taken with respect to your use of our services. You understand and agree
that if you are not current in any payments to us for these charges or for any other reasons, you will bedenied registration and other services rights until such balances are cleared, and that you risk having youraccount and any Domain Name registrations or other services cancelled.
Unless otherwise specified by you during registration, each domain name registration is for a one-year
initial term and renewable in perpetuity thereafter for successive one-year terms, but for no more than 10
years consecutively. Any renewal of your services with us is subject to our then current terms andconditions and payment of all applicable service fees at the time of renewal and in the case of domainname re-registration, our acceptance of your domain name registration.
You agree that you may not transfer your domain name registration to an alternate domain name registrar
during the first sixty (60) days from the effective date of your initial domain name registration with us.

3. Top Level Domains for which OpenTLD is the Registry Operator
For Top Level Domains (TLDs) for which OpenTLD B.V. or one of its daughter companies is acting as a
Registry Operator, you will benefit from a Reseller Discount of 25% of the registration, yearly renewal ortransfer price of each domain name.
Some of the TLDs for which OpenTLD is acting as a Registry Operator may offer the possibility to registerand distribute Free Domains. Free Domains are subject to the Free Domain Registration Policy andContent Policy, available on http://www.freenom.com. In particular, Free Domains may not be sold to the
Reseller's clients and may only be given away for free. When registering, distributing or handling Free
domains, the Reseller agrees to be submitted to these terms and must enforce them at all times.

4. Post-Payment and "IP Agency Agreement".
Upon request and at OpenTLD's sole discretion, we may consent to allow the Reseller to post-pay orders
related to TLDs for which OpenTLD is acting as Registry Operator, and enter an "IP Agency Agreement".
Such IP Agency Agreement allows a qualifying Reseller to order and resell any number of domain names
to their own clients, without the need for prepayment. In this case, an "unpaid" invoice will be generated at
the moment of the registration of the domain name(s), and the domain name(s) will be activated
immediately.
The qualifying Reseller must pay any such unpaid invoice within 30 days and the timely payment of these
invoices is a material condition of the Reseller's obligations under this Agreement. In the event that the
Reseller fails to pay its unpaid invoices within 30 days, OpenTLD may do any or all of the following: (i)stop accepting new initial or renewal domain name registrations from Reseller; (ii) delete the domainnames associated with invoices not paid in full from the OpenTLD database; (iii) give written notice oftermination of this Agreement.

5. Technical limitations and requirements.
You may register any domain name that contains as few as one and as many as 63 characters (notincluding the extension). Names may not begin or end with a dash, and upper case and lower case aretreated as upper case only. Besides the - (dash) character, only alphanumeric characters a-z, 0-9 are
accepted. Domain names may not contain spaces or any other non-alphanumeric characters (such as
punctuation) or any non-ASCII characters.
Any person or organization located anywhere in the world may register any number of Domain Names aslong as the information provided by the customer is accurate, valid and verifiable.
Domain Name Registrations are made through OpenTLD’s Freenom API that is also available on theinternet according to the documentation posted on http://www.freenom.com. Integrating with OpenTLD’s
Freenom API can be done using modules for services like WHMCS or cPANEL. Alternatively open source
implementations of the Freenom API’s may be used. OpenTLD's Freenom API is provided for yourconvenience only and OpenTLD is not responsible for an error in the functioning or output of the API,
whether due to an error in the server or client side implementation of the API. You agree that you areresponsible for any API calls sent to the OpenTLD Freenom API.

6. Reseller obligations.
Using our Freenom API brings the following obligations:a. You are responsible for providing customer service, billing support, and technical support to your
Sub-Resellers and customers.
b. You must ensure that the Registrant of each domain name agrees to be bound by the terms andconditions laid out by OpenTLD and Freenom in the " OpenTLD / Freenom Domain Name
Registrations Policy", available on http://www.freenom.com. You must familiarize yourself withthese terms. You acknowledge that OpenTLD has various rights and powers as mentioned inthese terms and conditions. We are not liable for any action taken by us pursuant to the our terms
and conditions. You acknowledge and agree that you shall indemnify us of, and shall be
responsible for any liability resulting from Registrants' noncompliance with such terms andconditions. In any registration agreement between you and your Sub-Resellers and customers,
and upon inquiry by the customer, you shall identify OpenTLD as the Sponsoring Registrar andyou must ensure that you will include in that agreement all registration agreement provisions andnotices required by the ICANN Registrar Accreditation Agreement 2013 and ICANN Consensus
Policies.
c. You will not display the ICANN or ICANN-Accredited Registrar logo, or otherwise represent
yourself as Accredited by ICANN, unless you have written permission from ICANN to do so.
d. You will not make any changes to any information associated with the domain name without
explicit authorization from the Registrant of that domain name.
e. You must comply with all applicable terms and conditions, standards, policies, procedures, andpractices set by ICANN, OpenTLD and the Registry Operator.
f. You will comply with any current or future ICANN adopted specification or policy that establishes a
program for accreditation of individuals or entities who provides proxy and privacy registration
services (a "Proxy Accreditation Program"). Among other features, the Proxy Accreditation
Program may require that: (i) proxy and privacy registration services may only be provided in
respect of domain name registrations by individuals or entities Accredited by ICANN pursuant tosuch Proxy Accreditation Program; and (ii) OpenTLD shall prohibit you from knowingly accepting
registrations from any provider of proxy and privacy registration services that is not Accredited by
ICANN pursuant the Proxy Accreditation Program. Until such time as the Proxy Accreditation
Program is established, we require you to comply with the Specification on Privacy and Proxy
Registrations attached in Appendix A.
g. You will publish on your website the Registrants' Benefits and Responsibilities, attached inAppendix B. Alternatively you may provide a link to the Registrants' Benefits and Responsibilities
on the www.freenom.com website.
h. You acknowledge that in the event of any dispute and/or discrepancy concerning any data
element of a domain name, Sub-Reseller or customer in the OpenTLD database, the data
element in the OpenTLD database records shall prevail.
i. You acknowledge that all information sent via the API, including authentication information isaccessible to us.
j. You agree to provide, maintain and update, current, complete and accurate information for all thedata elements about the registrants and registration information in the OpenTLD database. You
understand and agree that we may cancel your registration(s) if your registration information
contains false or misleading information, if you failed to update your information within seven (7)days of any change, if you failed to respond for over fifteen (15) days to inquiries made by us
regarding the registration information, when the registration information conceals or omits any

k.

information we would consider material to our decision to approve this Agreement or if use of thedomain name(s) violates these Terms and Conditions, as determined solely by us.
During the term of this Agreement and for three years thereafter, you shall maintain the following
records relating to its dealings with OpenTLD and its customers:a. In electronic, paper or microfilm form, all written communications with respect to
OpenTLD Products.
b. In electronic form, records of the accounts of all, current / past orders with you, including
dates and amounts of all payments, discount, credits and refunds.
c. You will make these records available for inspection by us upon reasonable notice notexceeding 14 days.

7. Modifications to agreement.
Except as otherwise provided in this Agreement, you agree that we, at our sole discretion, during the termof this Agreement, may: (1) revise the terms and conditions of this Agreement; and/or (2) change part ofthe services provided under this Agreement at any time. Any such revision or change will be binding andeffective immediately upon posting of the revised Agreement or change to the service(s) on our Web sites,or upon notification to you by e-mail or regular mail. You agree to periodically review our Web sites,
including the current version of this Agreement available on our Web sites, to be aware of any such
revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at
any time by providing us with notice by e-mail or mail addressed as follows, Attention: OpenTLD B.V.,
P.O. Box 11774, 1001 GT Amsterdam, Netherlands. Notice of your termination will be effective on receipt
and processing by us. Any fees paid by you if you terminate your Agreement with us are nonrefundable,
but you will not incur any additional fees. By continuing to use our services after any revision to thisAgreement or change in service(s), you agree to abide by and be bound by any such revisions orchanges. We are not bound by nor should you rely on any representation by (i) any agent, representative
or employee of any third party that you may use to apply for our services; or in (ii) information posted on
our Web site of a general informational nature. No employee, contractor, agent or representative isauthorized to alter or amend the terms and conditions of this Agreement.

8. Modifications to your account.
In order to change any of your account information with us, you must use the Account Name (your email
address) and the Password that you received when you opened your account with us through our online
application process. Please safeguard your Account Name and Password or security authentication option
from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of yourAccount Name or Password.

9. Termination of this agreement
Either party may terminate this Agreement at any time with immediate effect if the other party is adjudged
insolvent or bankrupt, or if proceedings are instituted by or against a party seeking relief, reorganization or
arrangement or compromise or settlement under any laws relating to insolvency, or seeking any

assignment for the benefit of creditors, or seeking the appointment of a receiver, liquidator or trustee of aparty's property or assets or the liquidation, dissolution or winding up of a party's business.
We may terminate this Agreement by notifying you in writing, as of the date specified in such notice oftermination under the following circumstances:a. In the event that you materially breaches any term of this Agreement.
b. There was a material misrepresentation and/or material inaccuracy, and/or materially misleadingstatement in your Application to us and/or any material accompanying the application.
c. By giving a 30 (Thirty) days advance notice of termination delivered.

We may terminate this Agreement with immediate effect if:

a. You are convicted of a felony or other serious offense related to financial activities, or is judged bya court to have committed fraud or breach of fiduciary duty, or is the subject of a judicial
determination that we reasonably deem as the substantive equivalent of any of these; orb. You are disciplined by the government of your domicile for conduct involving dishonesty or misuseof funds of others.
c. Any officer or director of the Reseller is convicted of a felony or of a misdemeanor related tofinancial activities, or is judged by a court to have committed fraud or breach of fiduciary duty, or isthe subject of a judicial determination that we deem as the substantive equivalent of any of these;

Reseller may terminate this Agreement by notifying us in writing, as of the date of receipt of such notice, inthe event that you do not agree with any revision to the Agreement made as per Section 5.

Effect of Termination of this Agreementa. We will suspend your access to the OpenTLD Freenom API and your access to the web interface
will be read-only.
b. Upon expiration or termination of this Agreement, we may complete the processing of all orders
requested to be processed, in the order that they were requested to be processed, by you prior to
the date of such expiration or termination, provided that your balance with us is sufficient to carryout these orders. If we are unable to fulfill these orders then the charges levied to you for theseorders will be reversed.
c. We may transfer all orders falling under the purview of the specific Reseller to another Reseller or
OpenTLD.

Neither party shall be liable to the other for damages of any sort resulting solely from terminating thisAgreement in accordance with its terms, unless specified otherwise. The Reseller however shall be liable
for any damage arising from any breach by it of this Agreement.

10. Trademark policy
We will accept any name for registration and activation, with the following proviso: You agree at the timeof registration that, to the best of your knowledge, the name(s) you are registering does not violate
trademark law or other applicable law in your own jurisdiction or in the jurisdiction of OpenTLD B.V..

11. Domain name disputes
If a dispute arises between you or your customer and any other party with respect to trademarks or otherissues related to intellectual property and your registration or use of a domain name, you agree to bebound by the Uniform Dispute Resolution Policy (UDRP) and the Uniform Rapid Suspension Policy (URS)
as set by ICANN and the applicable registries.
Special policies and rules have been set by the Trustee Authorities and the Registries for settling disputes
regarding domain name selection, registration, and use. These policies and rules may vary depending on
the TLD.
When registering a domain name, you and your customer acknowledge being aware of these rules andyou accept to comply with them. These policies and rules do not hinder the application of common law
regulations of appropriate judicial or arbitral jurisdictions that shall remain applicable. These policies andrules have been implemented to allow the rapid and efficient resolution of disputes regarding domainnames, providing an appropriate solution considering the particular nature of the dispute.
Consequently, you accept that any dispute relative to the choice, ownership or use of the domain nameshall be under the jurisdiction of an arbitration panel or a commission accredited by the Trustee Authority.
You expressly agree that OpenTLD, or the Trustee Authorities, or the Registries shall act on your domainname in accordance with decisions made in the proceedings under the UDRP and the URS.

12. Acceptable use.
Use of a domain name for any unlawful purpose is not permitted and could cause revocation of yourdomain name without notice. We are not bound to maintain a name registration in active status if any partof your registration agreement or these terms and conditions of use are violated. "Unlawful Use" will be
determined based on the laws of the jurisdictions of OpenTLD B.V..
The sending of unsolicited bulk E-mail ("spam") constitutes theft of service. You and your customer must
agree not to use your domain name(s) for this purpose. Such abuse includes spamming, flooding, orotherwise abusing free search engine services. You understand and agree that we reserve the right torevoke without refund any domain name which, in our sole judgment, has been used for any unlawful
purposes, including but not limited to child pornography, child entrapment or abuse, advocacy of hatred,
bigotry or violence towards persons or groups on the basis of their religion, race, ethnicity, sexual
orientation or other immutable characteristics, theft of E-mail service, or as a source of unsolicited bulk Email or as an address to use for replying to unsolicited bulk E-mail, or in violation of our policies withrespect to spamming or otherwise abusing free search engine services (see above).
By registering a domain name you are acknowledging that you understand and agree to be bound by thispolicy.

13. Notices and announcements.
You authorize us to notify you as our customer of information that we deem is or may be of potential
interest or importance to you. Notices and announcements may include technical changes to the system,
price or policy changes, planned outages for online customer management systems, commercial e-mails
and other notices describing changes, upgrades, new products and services or other information
pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters. If
you do not wish to receive bulk e-mail solicitation notices or promotional announcements you may modify
your customer profile to prevent such activities at http://my.freenom.com.

14. Limitation of liability.
You agree that our entire liability, and your exclusive remedy, with respect to any of our service(s)provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you
have paid for such service(s). OpenTLD B.V. and its contractors shall not be liable for any direct, indirect,
incidental, special or consequential damages resulting from the use or inability to use any of our services
or for the cost of procurement of substitute services. Because some states do not allow the exclusion orlimitation of liability for consequential or incidental damages, in such states, our liability shall be limited to
the fullest extent permitted by law. We hereby expressly disclaim any and all loss or liability resulting from,but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or
liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God;(4) loss or liability resulting from the unauthorized use or misuse of your Account Name or Password; (5)loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s)provided under this Agreement; (6) loss or liability relating to the deletion of or failure to store e-mailmessages; (7) loss or liability resulting from the development or interruption of your Web site; (8) loss or
liability that you may incur in connection with our processing of your application for our services, ourprocessing of any authorized modification to your domain name record or your agents failure to pay any
fees, including the initial registration fee or re-registration fee; or (9) loss or liability as a result of theapplication of our dispute policy.

15. Indemnity.
You agree to release, indemnify, and hold us, in our capacities as the registry and a registrar, and ourcontractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from any
and all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees andexpenses, of third parties relating to or arising under this Agreement, the services we provided hereunderor your use of our services, including without limitation infringement or dilution by you, or someone elseusing our service(s) from your computer, of any intellectual property or other proprietary right of any
person or entity, or a violation of any of our operating rules or policies relating to the service(s) provided.
When we are threatened with suit or sued by a third party, we may seek written assurances from you
concerning your promise to indemnify us; your failure to provide those assurances may be considered byus to be a material breach of this Agreement.

16. Breach.
You agree that your failure to abide by any provision of this Agreement, any of our operating rules orpolicies, the dispute policy, or your willful provision of inaccurate or unreliable information as part of theapplication process, or your failure to update your information to keep it current, complete or accurate, or
your failure to respond for over fifteen (15) calendar days to inquiries from us concerning the accuracy ofthe contact details associated with your domain name registration may be considered by us to be amaterial breach of this Agreement and that we may provide a written notice, describing the breach, to you.
If within seven (7) calendar days of the date of such notice, you fail to provide evidence, which isreasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we
may delete the registration or reservation of your domain name and/or terminate the other service(s) we
provide to you without further notice. We will not refund any fees paid by you if we terminate yourAgreement due to your breach. Any such breach by you shall not be deemed to be excused simply
because we did not act earlier in response to that, or any other breach, by you.

17. No guaranty.
You agree that, by registration of your chosen domain name, such registration does not confer immunityfrom objection to either the registration or use of your domain name.

18. Representations and warranties.
You agree and warrant that: (i) the information of the registrants that you provide to us during theapplication process to register the domain name or to apply for other service(s) is, to the best of yourknowledge and belief, accurate and complete, and that any future changes to this information will be
provided to us in a timely manner according to the modification procedures in place at that time, (ii) to thebest of you and your customer’s knowledge and belief neither the registration of the domain name nor themanner in which you intend to use such domain name will directly or indirectly infringe the legal rights of athird party, (iii) you have all requisite power and authority to execute this Agreement and to perform yourobligations hereunder, (iv) you have selected the necessary security option(s) for your domain nameregistration record, and (v) you are of legal age to enter into this Agreement. You agree that your use of
our service(s) is solely at your own risk. You agree that all of our services are provided on an "as is," and"as available" basis.

19. Disclaimer of warranties.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OURSERVICE(S) WILL MEET YOURREQUIREMENTS, OR THAT THE SERVICE(S) 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 SERVICE(S). WE MAKE NO WARRANTY REGARDING ANYGOODS OR SERVICES PURCHASED OR OBTAINEDTHROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCHSERVICES. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAINWARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
OPENTLD DEPENDS UPON A COMPUTER SYSTEM THAT IS RESPONSIVE TO THE DEMANDS OF
THE DOMAIN NAME REGISTRATION PROCESS AND THAT PROVIDES TIMELY INFORMATION TO
OUR CUSTOMER SUPPORT TEAM. OCASSIONALY, OPENTLD S COMPUTER SYSTEM MAY BE
SUBJECTED TO HIGH VOLUMES OF INCOMING DOMAIN NAME REGISTRATION REQUESTS
AND/OR ELECTRONIC MAIL MESSAGES WHICH MAY RESULT IN SIGNIFICANT REDUCTION OF
OPENTLD'S SYSTEM PROCESSING AND RESPONSE TIME. REGARDLESS OF THE REASON, IN
THOSE INSTANCES, WHEN THERE IS SYSTEM PERFORMANCE REDUCTION AS A RESULT OF AN
EXTREMELY HIGH VOLUME OF INCOMING ELECTRONIC MESSAGES, OPENTLD RESERVES THE
RIGHT, IN ITS SOLE DISCRETION, TO SCREEN OR BLOCK ELECTRONIC MESSAGESORIGINATING FROM THE IDENTIFIED SOURCES OF THE HIGH VOLUME TRAFFIC. OPENTLDSHALL SELECTIVELY RESTORE SERVICE AFTER SYSTEM PERFORMANCE RETURNS TONORMAL LIMITS, PROVIDED THAT SUCH RESTORATION DOES NOT RESULT IN AN ADVERSE
IMPACT ON THE SYSTEM. OPENTLD FURTHER RESERVES THE RIGHT TO PERMANENTLY
SCREEN OR BLOCK REPEATED SOURCES OF HIGH VOLUMES OF ELECTRONIC TRAFFIC.

20. Revocation.
You agree that we may terminate your contractual right to use our service(s) if the information of theregistrant that you are obligated to provide to register the domain name or register for other OpenTLD
service(s), or that you or your customer subsequently modify, contains false or misleading information, orconceals or omits any information we would likely consider material to our decision to register the domainname or to continue to provide you domain name registration services. Furthermore, you agree that wemay suspend, cancel or transfer your domain name registration services in order to: (i) correct mistakes
made by us or the registry in registering your chosen domain name, or (ii) to resolve a dispute under our
dispute policy. We will not refund any fees paid by you if we terminate your services.
You agree that we may, at our sole discretion, revoke, suspend, transfer or otherwise modify your or yourcustomer’s domain name registration upon seven (7) calendar days prior notice, or at such time as we
receive a properly authenticated order from a court of competent jurisdiction, or arbitration award requiring
the revocation, suspension, transfer or modification of the domain name registration. Notwithstanding anyother provisions in these terms and conditions, in the case of nonpayment, charge back or other direct
violation of these terms and conditions, you agree that we may, at our sole discretion, revoke, suspend,transfer or otherwise modify your domain name registration without notice.

21. Right of refusal.
We, in our sole discretion, reserve the right to refuse to register your customer’s domain name or register
you for our other service(s), or to delete your customer’s domain name within the first thirty (30) calendar
days from receipt of your payment for such services. In the event we do not register your customer’sdomain name or register you for our other service(s), or we delete the domain name or our otherservice(s) within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have
paid. You agree that we shall not be liable to you for loss or damages that may result from our refusal toregister, the deletion of your customer’s domain name or our refusal to register you for our otherservice(s).

22. Severability.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or
unenforceable, 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 fullforce and effect.

23. Entirety.
You agree that this Agreement, the rules and policies published by us, the dispute policy and the privacy
statement are the complete and exclusive agreement between you and us regarding our services. This
Agreement, our rules and policies, the dispute policy and the privacy statement supersede all prioragreements and understandings, whether established by custom, practice, policy or precedent.

24. Transfer and assignment.
You may transfer your customer’s domain name registrations to a third party of your choice, subject to thefees, procedures and conditions of the OpenTLD / Freenom Domain Name Registration Policy, which areincorporated herein by reference and made a part hereof. Your rights under this Agreement are notassignable and any attempt by your creditors to obtain an interest in your rights under this Agreement,
whether by attachment, levy, garnishment or otherwise, shall render this Agreement voidable at our
option.
You may also transfer your services, including registration and renewal services, to any other Certified
Registrar of ours 60 days or more after you have registered a domain name. Procedures and limitations
for transferring to another Registrar are available at http://www.freenom.com

25. Governing law.
You agree that this Agreement and any disputes hereunder shall be governed in all respects by andconstrued in accordance with the Netherlands (Dutch) law excluding its conflict of laws rules. Except for
disputes concerning or arising from your use of a domain name registered with us, you and we eachsubmit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the Netherlands. Only for
disputes concerning or arising from your use of a domain name registered with us, you agree to submit tosubject matter jurisdiction, personal jurisdiction and venue of the Netherlands Court and the courts of yourdomicile.

26. Agreement to be bound.
By applying for our service(s) through our online application process or by using the service(s) provided by
us under this Agreement, you acknowledge that you have read and agree to be bound by all terms andconditions of this Agreement and any pertinent rules or policies that are or may be published by us.

Appendix A
SPECIFICATION ON PRIVACY AND PROXY REGISTRATIONS
Until the earlier to occur of (i) January 1, 2017, and (ii) the date ICANN establishes and implements a
Privacy and Proxy Accreditation Program as referenced in Section 3.14 of the Registrar Accreditation
Agreement, Reseller agrees to comply, and to require its Affiliates and Sub-Resellers to comply, with theterms of this Specification, provided that ICANN and the Working Group may mutually agree to extend
the term of this Specification. This Specification may not be modified by Reseller.
Definitions. For the purposes of this Specification, the following definitions shall apply.
1.1 "P/P Customer" means, regardless of the terminology used by the P/P Provider, the licensee,
customer, beneficial user, beneficiary, or other recipient of Privacy Services and Proxy Services.
1.2 "Privacy Service" is a service by which a Registered Name is registered to its beneficial user as theRegistered Name Holder, but for which alternative, reliable contact information is provided by the P/P
Provider for display of the Registered Name Holder's contact information in the Registration Data Service(Whois) or equivalent services.
1.3 "Proxy Service" is a service through which a Registered Name Holder licenses use of a Registered
Name to the P/P Customer in order to provide the P/P Customer use of the domain name, and theRegistered Name Holder's contact information is displayed in the Registration Data Service (Whois) or
equivalent services rather than the P/P Customer's contact information.
1.4 "P/P Provider" or "Service Provider" is the provider of Privacy/Proxy Services, including Reseller and
its Affiliates, as applicable.
Obligations of Reseller. For any Proxy Service or Privacy Service offered by the Reseller or its Affiliates,
including any of Reseller's or its Affiliates' P/P services distributed through Sub-Resellers, and used inconnection with Registered Names Sponsored by the Reseller, the Reseller and its Affiliates must require
all P/P Providers to follow the requirements described in this Specification and to abide by the terms andprocedures published pursuant to this Specification.
2.1 Disclosure of Service Terms. P/P Provider shall publish the terms and conditions of its service(including pricing), on its website and/or Reseller's website.
2.2 Abuse/Infringement Point of Contact. P/P Provider shall publish a point of contact for third parties
wishing to report abuse or infringement of trademarks (or other rights).
2.3 Disclosure of Identity of P/P Provider. P/P Provider shall publish its business contact information on
its website and/or Reseller's website.

2.4 Terms of service and description of procedures. The P/P Provider shall publish on its website and/or
Reseller's website a copy of the P/P Provider service agreement and description of P/P Provider's
procedures for handling the following:
2.4.1 The process or facilities to report abuse of a domain name registration managed by the P/P
Provider;2.4.2 The process or facilities to report infringement of trademarks or other rights of third
parties;
2.4.3 The circumstances under which the P/P Provider will relay communications from third
parties to the P/P Customer;
2.4.4 The circumstances under which the P/P Provider will terminate service to the P/P
Customer;
2.4.5 The circumstances under which the P/P Provider will reveal and/or publish in theRegistration Data Service (Whois) or equivalent service the P/P Customer's identity and/or
contact data; and2.4.6 A description of the support services offered by P/P Providers to P/P Customers, and how
to access these services.
2.5 Escrow of P/P Customer Information. Reseller shall include P/P Customer contact information in its
Registration Data Escrow deposits required by Section 3.6 of the Agreement. P/P Customer Information
escrowed pursuant to this Section 2.5 of this Specification may only be accessed by ICANN in the eventof the termination of the Agreement or in the event Reseller ceases business operations.
Exemptions. Reseller is under no obligation to comply with the requirements of this specification if it canbe shown that:
3.1 Registered Name Holder employed the services of a P/P Provider that is not provided by Reseller, or
any of its Affiliates;
3.2 Registered Name Holder licensed a Registered Name to another party (i.e., is acting as a Proxy
Service) without Reseller's knowledge; or
3.3 Registered Name Holder has used P/P Provider contact data without subscribing to the service or
accepting the P/P Provider terms and conditions.

Appendix B
REGISTRANTS' BENEFITS AND RESPONSIBILITIES
Domain Name Registrants' Rights:
Your domain name registration and any privacy/proxy services you may use in conjunction with it mustbe subject to a Registration Agreement with OpenTLD B.V., an ICANN Accredited Registrar.
You are entitled to review this Registration Agreement at any time, and download a copy for yourrecords.
You are entitled to accurate and accessible information about:
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The identity of your ICANN Accredited Registrar;
The identity of any proxy or privacy service provider affiliated with your Reseller;
Your Reseller's terms and conditions, including pricing information, applicable to domain nameregistrations;
The terms and conditions, including pricing information, applicable to any privacy services offered byyour Reseller;
The customer support services offered by your Reseller and the privacy services provider, and how
to access them;
How to raise concerns and resolve disputes with your Reseller and any privacy services offered bythem; andInstructions that explain your Reseller's processes for registering, managing, transferring, renewing,
and restoring your domain name registrations, including through any proxy or privacy services madeavailable by your Reseller.

You shall not be subject to false advertising or deceptive practices by your Reseller or though any proxyor privacy services made available by your Reseller. This includes deceptive notices, hidden fees, and any
practices that are illegal under the consumer protection law of your residence.
Domain Name Registrants' Responsibilities:
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You must comply with the terms and conditions posted by your Reseller, including applicable policies
from OpenTLD, the Registry and ICANN.
You must review your Resellers' current Registration Agreement, along with any updates.
You will assume sole responsibility for the registration and use of your domain name.
You must provide accurate information for publication in directories such as WHOIS, and promptly
update this to reflect any changes.
You must respond to inquiries from your Registrar within fifteen (15) days, and keep your Reseller
account data current. If you choose to have your domain name registration renew automatically, youmust also keep your payment information current.