IDN REGISTRAR ACCREDITATION AGREEMENT
This IDN REGISTRAR ACCREDITATION AGREEMENT ("Accreditation
Agreement") is by and between the National Internet Exchange of India(NIXI), a not for profit company duly registered under section 25 of the
Indian Companies Act 1956 with its registered office located at, 6C,6D,6E
Hansalaya Building 15, Barakhamba Road, New Delhi-110001 India(hereinafter "the party oftheFirst part"or .IN
Registry), andRegistrar
Name], a[jurisdiction] entity (hereinafter referred to as” party of the
day of, atSecond Part"), and shall be deemed made on thisNew Delhi, India.

1. DEFINITIONS
For purposes of this Accreditation Agreement, the following definitions shallapply:

1.1 "Accredit" means to identify and set minimum standards for the
performance of registration functions, to recognize persons or entities meeting
those standards, and to enter into an accreditation agreement that sets forth
the rules and procedures applicable to the provision of Registrar Services.

1.2 “IDN ccTLD” means internationalized domain names represented
with native language non-ASCII characters, i.e., the native
language domain is followed by ccTLD such as .भारत (.Bharat). In thisAgreement the “IDN ccTLD" shall refer to the country-code top-level domainfor. Bharat.

1.3 "DNS" refers to the Internet Domain Name System.
1.4 The "Effective Date" is the date set forth above, on which thisAccreditation Agreement is executed.

1.5 .IN Registry means the party of the First Part, its successors and assigns.
1.6 "Term of this Accreditation Agreement" shall have the meaning set forthin Paragraph 9.4 below.

1.7 "Registered Name" means each domain name registration, renewal or
extension registered and/or maintained through the .IN Registry System.

1.8 "Registrant" means the holder of a Registered Name.
1.9 The word "Registrar," when appearing with an initial capital letter, refers
to the entity listed in the preamble above as the party of the Second Part.

1.10 "Registrar Services" means services provided by a Registrar inconnection with the I D N ccTLD, and includes contracting with
Registrant, collecting registration data about the Registrant, and submitting
registration information for entry in .IN Registry Database (including to insert
and renew registration of Registered Names in .IN Registry Database.)

1.11 “Registry Website” refers to www.registry.in
1.12 “Advisory” means the advisories detailed on the .IN Registry Website.
1.13 "Policies" means the policies detailed on the Registry Website.
1.14 "Registry Database" means a database comprised of data about one ormore domain names within the IDNccTLD that is used to generate either DNS
resource records that are published authoritatively or responses to domainname availability lookup requests or WHOIS queries, for some or all of thosenames.

1.15 "Registry Service" shall mean the service that processes transactions
via .INRegistry System.

1.16 "Registry Services Provider" means the entity authorized by .IN Registry
to provide .IN Registry Services.

1.17 ".INRegistry System" is .IN Registry system operated by .IN Registry
Services Provider for Registered Names in the IDN ccTLD for and on behalf of.IN Registry.

1.18 “Reseller” is a person appointed by the Registrar to sell domain nameservices and provide customer services to Registrants on behalf of theRegistrar.
2. ACCREDITATION OF THE REGISTRAR
2.1 Subject matter of the Agreement
By this Agreement, .IN Registry accredits the registrar and thereby grants theregistrar the right to offer Registry Services to Registrants under the terms
and conditions laid down below. This Agreement gives the registrar no right,
power or authority to operate or manage .IN Registry.
2.2 Non-exclusivity
The rights granted to the Registrar under this Agreement are non-exclusive,
and .IN Registry is free to appoint other Registrars at its sole discretion.

22.3 Compliance
The Registrar undertakes that it will comply with the terms and conditions of
this Agreement, and .IN Registry Policies and Advisories issued from time totime by .IN Registry and shall refrain from directly or indirectly cooperatingwith any such Registrant who violates, or instigates such violation of such
regulations. It shall be the responsibility of the Registrar to inform .IN
Registry in case of occurrence of any violation of such regulations by theRegistrant.
3. THE .IN REGISTRY'S OBLIGATIONS
3.1 Accreditation. During the Term of this Accreditation Agreement,
Registrar is hereby accredited by the .IN Registry to act as a Registrar for the
IDNccTLD through .IN Registry Services.

3.2 Use of the .IN Registry Name and Website. The .IN Registry hereby

grants to Registrar a nonexclusive, worldwide, royalty-free license during theTerm of this Accreditation Agreement (a) to state that it is accredited by .IN
Registry as a Registrar for IDNccTLD and (b) to link to pages and documents
within the .IN Registry Web site. No other use of the .IN Registry’s name or
website is licensed hereby. This license may not be assigned or sub-licensed
by Registrar.

3.3 Registry Services. The .IN Registry will provide registry services as per
the terms of this agreement.

4. REGISTRAR OBLIGATIONS

4.1 Obligations to Provide Registrar Services. During the Term of thisAccreditation Agreement, Registrar agrees that it will operate as a registrar for
the IDN ccTLD in accordance with this Accreditation Agreement.

4.2 Submission of Registered Name Holder Data to Registry. During theTerm of this Accreditation Agreement, as part of its registration of Registered
Names in the IDN ccTLD, Registrar shall submit to, or shall place in .IN
Registry Database the following data elements:

4.2.1 The name of the Registered Name being registered;
4.2.2 The IP addresses of the primary name server and secondary nameserver(s) for the Registered Name;

4.2.3 The corresponding names of those name servers;
4.2.4 Unless automatically generated by .IN Registry System, theidentity of the Registrar;3

4.2.5 Unless automatically generated by .IN Registry System, theexpiration date of the registration; and4.2.6 Any other data .IN Registry requires for submission, including
specifically, the data elements listed in Section 4.3 of this Agreement.

4.3 Public Access to Data on Registered Names. During the Term of thisAccreditation Agreement:
4.3.1 At its expense, Registrar shall provide an interface or link to the
IDN ccTLD WHOIS. The information to be made available shall include:
4.3.1.1 The name being registered;
4.3.1.2 The names of the primary nameserver and secondarynameserver(s) for the Registered Name;

4.3.1.3 The identity of the Registrar (which may be provided
through Registrar's Web site);

4.3.1.4 The original creation date of the registration;
4.3.1.5 The expiration date of the registration;
4.3.1.6 The name, postal address, e-mail address, voice
telephonenumber, and (where available) fax number of theregistrant for the Registered Name;

4.3.1.7 The name, postal address, e-mail address, voice
telephone number, and (where available) fax number of thetechnical contact for the Registered Name;

4.3.1.8 The name, postal address, e-mail address, voice
telephone number, and (where available) fax number of theadministrative contact for the Registered Name.

4.3.1.9 The name, postal address, e-mail address, voice
telephone number, and (where available) fax number of the billing
contact for the Registered Name;
4.3.2 Upon receiving any updates to the data elements listed in thisSection 4.3 from the Registrant, Registrar shall promptly, and no later
than three (3) business days, update its database and provide such
updates to .IN Registry.
4.3.3 Registrar agrees and undertakes that it shall maintain an updated
IDNccTLD WHOIS of all its registrants.

44.3.3.1 Any non-maintenance of .IN WHOIS database shall beconsidered as a material breach of this agreement and .IN
Registry may at its sole discretion terminate the accreditation of
the Registrar.
4.3.4 The Registrar agrees that it shall not promote, participate,facilitate or deal in any manner whatsoever in data mining of registrants
details available on .IN WHOIS database for the purposes ofgenerating spam/unsolicited content.
4.3.5 The Registrar undertakes that it shall abide by .IN Registry
directive/order if a prohibited status on any domain name is in place
and the Registrar undertakes that it shall not tamper with the saidprohibited status for the advantage of the Registrant, itself or any otherthird party.
4.4 Business Dealings, Including with Registrant.

4.4.1 Registrars must comply with the laws, rules, regulations, ofIndia as well as those of the .IN Registry.

4.4.2 Except for Sunrise names in the sunrise period, which shall bedeclared by the .IN Registry, all IDNs shall be registered on a first come,first served basis.

4.4.3 Registrars shall not accept anonymous or "proxy" registrations nor

shall they include information in the domain name registration for the"Registrant" or "Administrative Contact" fields that do not reflect the true
registered domain name holder or administrative contact. No privacy orproxy service will be provided by any registrar of .IN registry to IDNs
registrants. Violation of this provision will constitute a material breach of theagreement.

4.4.4 The Registrar shall sign the domain name registration agreement(written, including electronic format) with the applicant. Registrar shallrequire all Registrants to enter into an electronic or paper registrationagreement with Registrar consisting of Terms and Conditions for
Registrants, which would be available at Registry Website, and annexed tothis Agreement. Registrars will explicitly impose upon their Registrants themost up to date version of .IN Registry Terms and Conditions for
Registrants concerning the use of domain names.

4.4.5 Registrants Right to Move to another Registrar of its choice: In
the event it is found that Registrar prevents a registrant to move to anotherRegistrar of his choice, or refuses to deliver the authorization
code/password to the registrant within a reasonable time, then .IN Registryon receipt of complaint from such Registrant, shall issue a notice to such5

defaulting Registrar and may impose a penalty after holding an inquiry,
against the Registrar, which may include suspension and de-accredition.
4.4.5.1 The Registrar agrees to participate and co-operate willingly
in any such inquiry instituted by .IN Registry.
4.4.6 Registrar is responsible for behaviour of resellers, including any
penalties.
4.4.7 Registrars are prohibited from selling WHOIS check (name available
lookout) data.
4.4.8 Enforcement of Accurate WHOIS Data: Registrar shall accept
written complaints from third parties regarding false and/or inaccurate
WHOIS data of Registrants and also follow any other procedures set forthin the Registrar Access Agreement.
5. REGISTRY POLICIES AND PROCEDURES FOR ESTABLISHMENT ORREVISION OF SPECIFICATIONS AND POLICIES.
5.1 Domain-Name Dispute Resolution (if applicable). During the Term of
this Accreditation Agreement, Registrar shall have in place a policy andprocedures for resolution of disputes concerning Registered Names inaccordance with the .IN Registry’s Domain Name Dispute Resolution Policy("Dispute Policy").
5.2 Pursuant to the Dispute Policy, Registrars must comply with any and all
requests or decisions of the arbitrators appointed under the Dispute Policy
including the provision of all relevant evidence in any domain name disputes
in the time frames provided therein.
5.3 Registrar's Ongoing Obligation to Comply With New or Revised
Specifications and Policies. During the Term of this Accreditation
Agreement, Registrar shall comply with the terms of this Accreditation
Agreement and, with any new or revised specifications (including forms ofagreement to which Registrar is a party) and policies established by the .IN
Registry
5.4 Manner of Establishment of New and Revised Specifications and Policies.
5.4.1 The Policies are those specifications or policies established by the.IN Registry and posted on the Registry website.
5.4.2 For all purposes under this Accreditation Agreement, the Policies
specifically identified by the .IN Registry shall be treated in the samemanner and have the same effect as "the .IN Registry Policies". Such
Policies shall be binding on Registrar.
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5.5 Time Allowed for Compliance. Registrar shall be afforded a reasonable
period of time after receiving notice of the establishment of a specification orpolicy to comply with that specification or policy, taking into account any
urgency involved.
5.6 Additional requirements of the .IN Registry. In addition to the policies
contained herein, Registrar shall also adhere to the processes andrequirements contained in following rules and regulations:5.6.1 Funding Requirement: Whosoever fulfills the requirements ofbecoming a Registrar and gets such an approval from .IN Registry
shall have to pay a nonrefundable, one-time Accreditation fee of INR
50,000 (Indian Rupees Fifty Thousand Only) or such amount which
may be decided by .IN Registry at the time of entering into this
Registrar Accreditation Agreement. This fee shall not be used forbillable registrations.
5.6.2 Jurisdiction. It is specifically made clear that the jurisdiction for
all the disputes, relating to, involving, or in any manner affecting theinterests of .IN Registry shall be at New Delhi, India.
5.6.3 Access Agreement With Technical Service Provider: IN
Registry may appoint, or enter into for the purpose of smooth
operation of .IN Registry, agreements with technical service
provider(s). Registrar hereby agrees and undertakes that as and whenrequired by .IN Registry, it will enter into an agreement (called“Access Agreement”) with such other technical service provider(s)who may be appointed by .IN Registry from time to time or to execute
any other document which may be required by .IN Registry within thetime frame as advised by .IN Registry.
5.6.3.1 In case, the Registrar fails to execute any such agreement
and/or document, including the Access Agreement on the request of.IN Registry, .IN Registry at its sole discretion may terminate theaccreditation of the Registrar. In that eventually, .IN Registry shallhave right to immediately contact any and all Registrants to facilitate
the orderly and stable transition of Registrations to other accredited
Registrars.
6. Other Terms and Conditions:
6.1 The Registrars will desist, at all times, from involving themselves, or
through their re-sellers, in any way in the squatting, grabbing, hoarding,auctioning or selling of the .IDNs at a higher price than they are regularly
charging from the public. Any such involvement of the Registrar will7

lead the termination of Accreditation, financial penalty and any other legal
action as provided under the laws of India.
6.2 Registrars must have the technical competence required to successfully
perform the different types of actions in the automated systems of .IN Registry(new registration, update domain, transfer domain, update contact
information, update name servers etc). The Registrar is obliged to provide theRegistrant with all registration services offered by .IN Registry. The Registrar
has to be able to perform all necessary domain name updates and be able toinitiate transfers, when requested to do so by the Registrant, without undue
delay. Registrars shall employ such employees, contractors, or agents with
sufficient technical training and experience as reasonably necessary to fulfill
its obligations hereunder, and to respond to and fix all technical problems.
6.3 Registrars will initiate transfer of domain names only if they are requested
to do so by the Registrant. Bulk transfer transactions are an exception to therule, as the Registrant is not involved in this transaction. Bulk transfer will bedone only with prior permission of .IN Registry.
6.4 Registrars may not distribute unsolicited commercial mass advertising or
solicitations through e-mail, fax or telephone to third parties with whom theRegistrar does not have an established and continuous customer relationship,
unless the recipients consent has been previously obtained. However, theinvitation to existing Registrants to renew their domains and the transmissionof additional information about the services offered to those Registrants shallnot be considered spamming.
6.5 Registrars must grant the Registrant absolute right to choose anotheraccredited Registrar for the domain names that the Registrar has registeredor renewed. The Registrar must co-operate with the Registrant, the newRegistrar, and .IN Registry for any such transfer.
6.6 Registrars will endeavour to resolve Registrant complaints efficiently andwith due diligence. They will provide each Registrant with the contact
information of their customer support personnel, such as phone number, fax
number, e-mail address and website URL.
6.7 Furthermore, the Registrar may not overload the .IN Registry network,
impede .IN Registry from providing its services (for example through “Denialof Service attacks”) or implement any other measure that can jeopardize theoperation or stability of the .IN Registry. The Registrar will refrain fromenabling high volume, automated, electronic processes that send queries ordata to the systems of .IN Registry, except as reasonably required to registerdomain names or modify existing registrations.
6.8 Registrars will allow their Registrants to use name servers other thanthose suggested by themselves.

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6.9 Registrars will not transmit the personal data of their Registrants to third
parties unless required to do so by a competent authority entitled to act in aparticular case in accordance with applicable Laws of India..
6.10 Registrar Reminder Policy: Registrar will inform the Registrant at least
60 days prior to the domain name expiration date and send a reminder 30days prior to the domain expiration date.
6.11 Registrar will inform each Registrant of all information sent by .IN
Registry to the Registrar, particularly where the information sent by .IN
Registry may influence the contractual relationship between the Registrant and.IN Registry or where the information sent concerns the potential termination of
the Domain Name Registration.
6.12 Registrar must send a written notification to the Registrant when deletionof a domain name is outside a Grace Period. Registrar will store and disclose
the said notification to .IN Registry and Registrant upon request.
7. FORCE MAJEURE
No failure or omission by either Party to carry out or observe any of theterms and conditions of this Agreement shall give rise to any claim against
the Party in question or be deemed a breach of this Agreement if such failure
or omission arises from any of the causes beyond the reasonable control ofthat Party, including, without limitation, war, warlike operation, insurrection,riot, fire, explosion, accident, governmental act, material control regulations
or orders, act of God, act of the public enemy, epidemic and quarantine
restriction provided that the non-performing party has provided the otherparty with prompt written notice of the obligations it will not be able toperform and has taken all reasonable care to minimise the effect of any suchforce majeure situation. If a force majeure event that prevents Registrar fromperforming its obligations under this Agreement, does not end within thirty(30) days, then Registry shall be entitled by written notice to terminate thisAgreement.
8. NO PARTNERSHIP
Registrar is serving as an independent entity to .IN Registry hereunder, andthis Agreement creates no partnership, pooling or joint venture relationshipbetween the parties, and no employment relationship between Registry andthe employees, consultants, contractors or representatives assigned byRegistrar to perform .IN Registry Services hereunder. Neither party has
authority to act for or bind the other party in any manner whatsoever.

99. MISCELLANEOUS PROVISIONS.
9.1 Termination of Accreditation Agreement by Registrar. Registrar
may terminate this Accreditation Agreement before its expiration by
giving the .IN Registry thirty (30) calendar day's written notice. Uponsuch termination by Registrar, Registrar shall not be entitled to any
refund of fees paid to the .IN Registry pursuant to this Accreditation
Agreement.
9.2 Termination of Accreditation Agreement by the .IN Registry.
This Accreditation Agreement may be terminated before its expiration by
the .IN Registry in any of the following circumstances:
9.2.1 There was a material misrepresentation, material inaccuracy,
or materially misleading statement in Registrar's application for
accreditation or any material accompanying the application.
9.2.2 Registrar:
9.2.2.1 is convicted by a court of competent jurisdiction of acriminal wrongdoing or other serious offence related to financial
activities, or is judged by a court of competent jurisdiction tohave committed fraud or breach of fiduciary duty, or is the
subject of a judicial determination that .IN Registry reasonably
deems as the substantive equivalent of those offenses; or
9.2.2.2 is disciplined by the government of its domicile for
conduct involving dishonesty or misuse of funds of others.
9.2.3 Any officer or director of Registrar is convicted of a criminal
wrongdoing or of a misdemeanor related to financial activities, oris judged by a court to have committed fraud or breach offiduciary duty, or is the subject of a judicial determination that the.IN Registry deems as the substantive equivalent of any ofthese; provided, such officer or director is not removed in suchcircumstances.
9.2.4 Registrar fails to cure any breach of this Accreditation
Agreement within fifteen (15) business days after the .IN
Registry gives Registrar notice of the breach from the date ofsuch notice.
9.2.5 Registrar continues acting in a manner that the .IN
Registry has reasonably determined endangers the stability or
operational integrity of the Internet or .IN Registry System after
receiving three (3) calendar days notice of that determination.
9.2.6 Registrar is adjudged insolvent or bankrupt, or if
proceedings are instituted by or against Registrar seeking relief,
10reorganization or arrangement under any laws relating to
insolvency or bankruptcy, or seeking any assignment for the
benefit of creditors, or seeking the appointment of a receiver,liquidator or trustee of Registrar's property or assets or theliquidation, dissolution or winding up of Registrar's business.
9.3 Effect of Termination. Upon the expiration or termination of thisagreement for any reasons as mentioned above:
9.3.1 Registrar shall immediately transfer its sponsorship of Registered
Names to another .IN Registry- Accredited Registrar in compliance with any
procedures established or approved by .IN Registry.
9.3.2 For Overseas Registrars: This Agreement shall terminate in theevent Registrar’s accreditation by ICANN is terminated or expires without
renewal.
9.4 Term of Accreditation Agreement. The term of this Agreement shallcommence on the Effective Date and shall continue until terminated by either
Party in accordance with the terms of this agreement.
9.5 Limitations on Liability for Violations of this Accreditation
Agreement. IN NO EVENT SHALL EITHER PARTY'S LIABILITY UNDER
THIS AGREEMENT EXCEED THE MAXIMUM EXTENT PERMISSIBLE BY
LAW, except that such limitation shall not apply to claims arising pursuant to
Section 9.6 (Indemnification), Section 6 (Registrar Terms and Conditions),
Section 9.16 (Intellectual Property), and Section 9.12 (Confidential
Information).
9.6 Indemnification. Registrar, at its own expense agrees to indemnify, to the
maximum extent permitted by law, defend and hold harmless the .IN Registry,
the Registry Services Provider, and their directors, officers, employees,
representatives, agents, affiliates, and stockholders (along with the .IN
Registry and .IN Registry Services Provider, each an "Indemnified Person"),against any claim, suit, action, other proceeding of any kind (a "Claim")
brought against that Indemnified Person based on, arising from, or relating in
any way to: (i) any product or service of Registrar; (ii) any agreement, including
Registrar's dispute policy, with any Registrant or reseller; or (iii) Registrar's
domain name registration business, including, but not limited to, Registrar's
advertising, domain name application process, systems and other processes,
fees charged, billing practices and customer service, claims relating totechnical defects or shortcomings, or any other business conducted byRegistrar; provided, however, that in any such case: (a) the .IN Registry or any
other Indemnified Person provides Registrar with reasonable prior notice ofany such Claim, and (b) upon Registrar's written request, the .IN Registry or
any other Indemnified Person will provide to Registrar all available information
and assistance reasonably necessary for Registrar to defend such Claim;
provided further that Registrar reimburses the .IN Registry and such other11Indemnified Persons for their actual and reasonable costs incurred inconnection with providing such information and assistance. Registrar will notenter into any settlement or compromise of any such indemnifiable Claim withrespect to a particular Indemnified Person without the prior written consent ofsuch Indemnified Person, which consent shall not be unreasonably withheld.
Registrar will pay any and all costs, damages, liabilities, and expenses,
including, but not limited to, reasonable attorneys' fees and costs awarded
against or otherwise incurred by the .IN Registry and other Indemnified
Persons in connection with or arising from any such indemnifiable Claim.
Notwithstanding the other provisions in this Agreement, the Registrar agrees
that this indemnification obligation shall survive the termination or expiration ofthis registration agreement.
9.7 No Third-Party Beneficiaries. This Accreditation Agreement shall not be
construed to create any obligation by either the .IN Registry or Registrar to any
non-party to this Accreditation Agreement, including any Registrant.
9.8 Notices, Designations, and Specifications. Any notice or othercommunication required or permitted to be delivered to any party under thisAccreditation Agreement shall be in writing and shall be deemed properly
delivered, given and received when delivered by hand, by registered mail(return receipt requested), by courier or express delivery service, by e-mail(against of receipt of confirmation of delivery) or by telecopier/fax (against
receipt of answer back confirming delivery) during business hours to theaddress or telecopier/fax number set forth beneath the name of such party
below or when delivery as described above is refused by the intended
recipient, unless such party has given a notice of a change of address inwriting pursuant to the foregoing. Notwithstanding the foregoing, notice shallbe deemed properly given from the .IN Registry to Registrar at such time as
the .IN Registry posts any notice, update, modification or other information on
its website, so long as such notice, update, modification or other information isintended for all accredited Registrars generally (e.g., adoption of a new
IDNccTLD Policy).
9.9 Dispute Resolution and Jurisdiction Both the parties agree that any
disputes arising out of this agreement shall be resolved through mutual
negotiations, failing which through Arbitration, conducted in E n g l i s hl a n g u a g e a n d i n accordance with the provisions of Indian Arbitration andConciliation Act 1996 and amendments thereof. Each party shall nominate its
arbitrator and the two appointed arbitrators shall appoint a third umpire thus
making a panel of three arbitrators. The venue of arbitration shall be New
Delhi, India. The Arbitration award pronounced by the arbitrator shall be final
and binding on both the parties.
9.10 Notices. Any notice or other communication required or permitted to bedelivered to any Party under this Agreement shall be in writing and shall bedeemed properly delivered, given and received when delivered (by hand, byregistered mail, by courier or express delivery service, by e-mail or bytelecopier/fax during business hours) to the address or telecopier/fax number
12set forth beneath the name of such Party below, unless party has given a
notice of a change of address in writing:
if to Registrar:

with a copy to:
if to NIXI:National Internet Exchange of India
Attention: CEO
Regd. Off.:6C,6D,6E
Hansalaya Building
15, Barakhamba Road,New Delhi-110001
India
Email: legal@nixi.in
9.11 Assignment/Sublicense. Except as otherwise expressly provided
herein, the provisions of this Agreement shall inure to the benefit of and bebinding upon, the successors and permitted assigns of the Parties hereto.
Registrar shall not assign, sublicense, or transfer its rights or obligations under
this Agreement, in whole or in part, to any third person, including reseller
without the prior written consent of .IN Registry.
9.12 Confidential Information. Registrar agrees and acknowledges that theterms and conditions of this Agreement are the confidential and proprietary
information ("Confidential Information"). Accordingly, Registrar agrees that,during the Term of this Agreement and thereafter, Registrar shall restrict
disclosure of such Confidential Information to its employees, consultants, or
independent contractors on need to know basis and not disclose such
Confidential Information to any other party. . Notwithstanding the foregoing, it
shall not be a breach of this Agreement for Registrar to disclose Confidential
Information if required by law or in a judicial or other governmental
investigation proceeding, provided that .IN Registry has been given priornotice.
9.13 Press Releases; Public Statements; Disclosure of Terms. Except forsuch disclosures as are required by law, no public announcements or otherpublic statements (including in any press conference, trade publication,marketing materials or otherwise), and no disclosure to any third party withrespect to the existence, subject matter and/or terms of this Agreement shall13

be made by Registrar without the prior written approval of .IN Registry.
9.14 Delays or Omissions; Waivers. No failure on the part of .IN Registry to
exercise any power, right, privilege or remedy under this Agreement, and nodelay on the part of IN Registry in exercising any power, right, privilege orremedy under this Agreement, shall operate as a waiver of such power, right,
privilege or remedy; and no single or partial exercise or waiver of any such
power, right, privilege or remedy shall preclude any other or further exercise
thereof or of any other power, right, privilege or remedy. Neither .IN Registry
nor its Registry Services Provider shall be deemed to have waived any claim
arising out of this Agreement, or any power, right, privilege or remedy under
this Agreement, unless the waiver of such claim, power, right, privilege orremedy is expressly set forth in a written instrument duly executed anddelivered on behalf of such party; and any such waiver shall not be applicableor have any effect except in the specific instance in which it is given.
9.15 Construction. The Parties agree that any rule of construction to theeffect that ambiguities are to be resolved against the drafting Party shall not beapplied in the construction or interpretation of this Agreement.
9.16 Intellectual Property. Each Party will continue to independently own its
intellectual property, including all patents, trademarks, trade names, service
marks, copyrights, trade secrets, proprietary processes and all other forms ofintellectual property. Both Parties recognise that they shall have no right, title,
interest or claim over the others’ intellectual property.
9.17 Entire Agreement Severability. This Agreement constitutes the entire
agreement between the Parties concerning the subject matter hereof andsupercedes any prior agreements, representations, statements, negotiations,
understandings, proposals or undertakings, oral or written, with respect to thesubject matter expressly set forth herein. If any provision of this Agreement
shall be held to be illegal, invalid or unenforceable, each Party agrees thatsuch provision shall be enforced to the maximum extent permissible so as toeffect the intent of the Parties, and the validity, legality and enforceability of theremaining provisions of this Agreement shall not in any way be affected or
impaired thereby. If necessary to effect the intent of the Parties, the Parties
shall negotiate in good faith to amend this Agreement to replace theunenforceable language with enforceable language that reflects such intent as
closely as possible.
9.18 Survival: Notwithstanding anything the contrary in this Agreement,termination or expiration of this Agreement shall not relieve either party of its
obligations that expressly or by implication survives termination, and shall
include with limitation the provision relating to Section 9.6 (Indemnification),
Section 6 (Registar’s Obligations), Section 9.16 (Intellectual Property) andSection 9.12 (Confidential Information).

149.19 Amendments: This Agreement may be amended only by a writtenagreement signed by authorized representatives of both parties.
Notwithstanding anything mentioned here above, .IN Registry at its discretion
may post/publish new or amended Policies and/or Advisories on at theRegistry Website from time to time and the Registrar accepts that by virtue of
their publication on such a website the Registrar shall deemed to have noticeof such new or amended Policies and/or Advisories.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement asof the date set forth in the first paragraph hereof.

National Internet Exchange of India[Registrar]

By:

By:

Name:

Name:

Title:

Title:

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