1- Axil Core Business Pvt Ltd owns the primary domain names listed on Schedule 1 attached hereto, as such Schedule may be updated by Axil Core Business Pvt Ltd from time to time in its sole discretion (the "Primary Domains"). Customer does not have any ownership interest or rights of any kind to any of the Primary Domains. If Customer subscribes for the 'Starter Hosting Service', Axil Core Business Pvt Ltd will register, through one or more third party vendors' subdomain name(s) under the applicable Primary Domain for use with the Member Site----e.g., "[Name of Member Business].vpweb.com" (collectively, "Standard Subdomains"). Axil Core Business Pvt Ltd will own and control all Standard Subdomains. Customer will not have any ownership interest in any Standard Subdomain, but will have a limited, revocable, non-exclusive, non-transferable, non-assignable license to use such Standard Subdomain solely during the term of Member's Service Account in connection with the operation of its Member Sites through the Services.
2- Member may request Axil Core Business Pvt Ltd to acquire, if available, customized top-level domain name(s) for use in connection with the Member Sites as part of an upgraded Services (collectively, the "Member Domain Name"). Subject to clause c of this Section , Axil Core Business Pvt Ltd will use its reasonable commercial efforts to register the Member Domain Name if available, and, if successful in registering the Member Domain Name, will serve as registrant with respect to such Member Domain Name and will own and control the Member Domain Name ("Registrant"). Customer will not have any ownership interest in any such Member Domain Name, but will have a limited, revocable, non-exclusive, non-transferable, non-assignable, license to use such Member Domain Name solely during the term of the Member's Service Account in connection with the operation of its Member Sites through the Services. Without limiting the generality of the foregoing, upon any termination of Member's Service Account, Member will have no further access to or use of the Member Domain Name.
By requesting that Axil Core Business Pvt Ltd register a Member Domain Name for the Member Site through the Service, Member hereby represents and warrants to Axil Core Business Pvt Ltd that (a) all information Member provides to Axil Core Business Pvt Ltd for purposes of registering the Member Domain Name and serving as Registrant therefore is complete and accurate; (b) the registration of the Member Domain Name will not infringe upon or otherwise violate the rights of any third party; (c) Member is not seeking to have the Member Domain Name registered for an unlawful purpose; and (d) Member will not knowingly use the Member Domain Name in violation of any applicable laws or regulations. It is solely Member's responsibility to determine whether the Member Domain Name registration infringes or violates someone else's rights.
Axil Core Business Pvt Ltd may in its sole discretion use one or more TPDNVs who are ICANN accredited registrars, to provide domain name registration services in connection with the Member Domain Names. In cases where Axil Core Business Pvt Ltd serves as the Registrant for the Member Domain Name, Axil Core Business Pvt Ltd will have entered into the TPDNV's terms of service with respect to such registration, which the TPDNVs may modify, amend or alter from time to time (the "TPDNV Registration Agreement"). A copy of the current form of TPDNV Registration Agreement is attached hereto as Annex A and incorporated by reference herein. Member agrees and understands that Member is required to fully comply with all of the obligations imposed upon Axil Core Business Pvt Ltd as a party to the TPDNV Registration Agreement with respect to the creation, operation, and maintenance of the Services and Member Site to the same extent as if Member were directly a party thereto, and the TPDNVs, ICANN and the Registry may have certain rights under the TPDNV Registration Agreement and related policies, rules and regulations that can be enforced against or in relation to Member. Member will remain liable to Axil Core Business Pvt Ltd, the TPDNV, ICANN, the Registry and other third parties to the extent of any violation of any of the terms and conditions of the TPDNV Registration Agreement or any related policies, rules, procedures, and regulations to the extent caused by or resulting from the actions or omissions of Member or any of its affiliates, agents, employees, representatives, or customers. Accordingly, without limiting any other remedies available to Axil Core Business Pvt Ltd under this Agreement or at law or in equity, Member agrees to indemnify, defend and hold the Indemnified Parties harmless from and against any and all Liabilities incurred by them arising out of or related to any such actions or omissions.
3- Under certain circumstances, Axil Core Business Pvt Ltd may in its sole discretion elect to offer to certain Members the opportunity to own and control their Member Domain Names and to serve as Registrant in connection with such Member Domain Names. In all such cases, Member must enter into the TPDNV's then current TPDNV Registration Agreement directly with the TPDNV prior to such registration. Without limiting the generality of the foregoing or any of the terms and conditions set forth in the TPDNV Registration Agreement, as set forth in the TPDNV Registration Agreement, in such cases Member must also agree to the terms and conditions of the ICANN Uniform Domain Name Dispute Resolution Policy as then in effect, a copy of the current version of which is attached hereto as Annex B and incorporated by reference herein, which may be modified, altered or amended by ICANN at any time in its sole discretion. Member understands that Member is creating a separate contractual relationship between Member and each of the TPDNV and ICANN with respect to the Member Domain Name by agreeing to the TPDNV Registration Agreement and ICANN Uniform Domain Name Dispute Resolution Policy, as applicable, and that Member, and not Axil Core Business Pvt Ltd, is responsible for all liability and obligations in connection with those contracts. If, after registering one or more Member Domain Names as Registrant, Member chooses to delete a previously registered Member Domain Name and subsequently register one or more additional different Member Domain Names, Member will be charged the resulting domain name registration fees.
In cases where Member serves as Registrant of the Member Domain Names, Member will be listed as the Registrant and administrative contact in connection with Member's Member Domain Name; however, Axil Core Business Pvt Ltd may in its sole discretion temporarily list itself as the Registrant and administrative contact in the event that it changes to a different TPDNV until the TPDNV change is completed. In such cases, Member hereby authorizes Axil Core Business Pvt Ltd to list itself as the billing contact, technical contact and name servers in connection with Member's Member Domain Name and to take any actions Axil Core Business Pvt Ltd deems appropriate in those capacities. However, upon termination of the Member's Service Account, Axil Core Business Pvt Ltd will immediately cease acting in those capacities. After such time, Axil Core Business Pvt Ltd will not be responsible to forward any notices, emails or other correspondence to Member or to take any other actions in connection with Member's Member Domain Name. Additionally, in the event that Member's Service Account is suspended or terminated by Axil Core Business Pvt Ltd for lack of payment or any other reason or is cancelled by Member, Axil Core Business Pvt Ltd shall not renew any domain names that may become due for renewal during the suspension of the account or following termination. Member will be solely responsible for all ongoing fees, as well as removing Axil Core Business Pvt Ltd as the billing, technical contact and name servers in connection with such Registrant-owned Member Domain Names.
4- Without limiting any other remedies available to Axil Core Business Pvt Ltd under this Agreement or at law or in equity, Axil Core Business Pvt Ltd, in its sole discretion, reserves the right at any time to deny, cancel, suspend, transfer or modify any domain name registration (i) to correct a mistake, (ii) if Axil Core Business Pvt Ltd is notified or discovers that a complaint has been filed with a judicial or administrative body or other third party, including without limitation ICANN, the Registry or the TPDNV, challenging the registration, reservation or use of Member's domain name, (iii) to protect the integrity and stability of Axil Core Business Pvt Ltd, (iv) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or dispute resolution process, (v) to avoid any liability, civil or criminal, or (vi) if the TPDNV, ICANN or the Registry denies, cancels, suspends or transfers the domain name in accordance with such entities' agreements or policies then in effect. Member agrees and understands that Axil Core Business Pvt Ltd shall have no liability to Member or any other person or entity for any damages, costs, expenses or other losses that may arise from any refusal to register, cancellation, suspension, transfer or modification of Member's domain name registration in accordance with the foregoing sentence or otherwise.
5- Member agrees and acknowledges that Axil Core Business Pvt Ltd will make domain name registration information Member provides available to ICANN, to TPDNVs, to the Registry administrators, law enforcement agencies and to other third parties as necessary to fulfillfulfil its obligations under this Agreement or any other agreement with any person or to comply with applicable laws, rules, regulations and policies thereof. Member further agrees and acknowledges that Axil Core Business Pvt Ltd may make publicly available, or directly available to third party vendors, some or all, of the domain name registration information Member provides, for purposes of inspection (such as through a Whois service) or other purposes as required or permitted by ICANN and applicable laws. Member hereby consents to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by Member in connection with the registration of a domain name (including any updates to such information), whether during or after the term of the registration of the domain name. Member hereby irrevocably waives any and all claims and causes of action Member may have arising from such disclosure or use of Member's domain name registration information by Axil Core Business Pvt Ltd or any third party.