YOU ACKNOWLEDGE THAT COMPANA, LLC ("COMPANA, LLC") MAY AMEND THIS AGREEMENT AT ANY TIME UPON POSTING THE AMENDED TERMS ON ITS WEBSITE, AND THAT ANY NEW, DIFFERENT OR ADDITIONAL FEATURES THAT CHANGE THE SERVICES PROVIDED BY OUR SERVICE WILL AUTOMATICALLY BE SUBJECT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY, OR IF YOU OBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY AMENDMENTS HERETO, DO NOT USE OR ACCESS OUR SERVICES. CONTINUED USE OF OUR SERVICE'S SERVICES AND ITS WEBSITE AFTER ANY SUCH CHANGES TO THIS AGREEMENT HAVE BEEN POSTED, CONSTITUTES YOUR ACCEPTANCE OF THOSE CHANGES. THIS AGREEMENT IS IN ADDITION TO THE REGISTRATION AGREEMENT AND ANY OTHER AGREEMENT YOU MAY ENTER INTO FOR THE SERVICES YOU ARE BEING PROVIDED BY US.

This Agreement is by and between Compana, LLC Service and you, your heirs, executors, administrators, agents, successors and assigns ("You," "Your," and other appropriate formatives). This Agreement is in addition to the domain name registration agreement(s) entered into by You and a registrar when You register or renew domain name registration(s).
Spam Free Registration is a service that allows You to own and control a domain name while reducing unsolicited advertiseents and email (spam). harassment and unauthorized data mining.

Prohibitions: Compana, LLC may immediately terminate this Agreement and, in its sole option and at its sole discretion, disclose information about your account, including but not limited your contact information, in the event that You:
     a) Transmit spam, viruses or harmful computer programs (as determined by Compan);
     b) Violate the law or infringe a third party's trademark or copyright (as determined by Compana);
     c) Engage in morally objectionable activities, including but not limited to those that are child pornographic, defamatory, abusive, harassing, obscene, racist, or otherwise objectionable (as determined by Compana); or
     d) Provide ANY invalid contact information (including name, mailing address, phone, or e-mail address).

1. Name displayed in WHOIS:
1.1 Unless you choose otherwise, You agree that Compana may list "Spam Free Registration Service" or "Private WHOIS" in the WHOIS database and display its contact address and email address for Your domain name.

1.2 Although Compana may list its address, phone, and/or e-mail in place of some of Yours, You are still the owner of the domain name and will still be responsible for solely resolving any and all monetary, creditor or other claims that arise in connection with a legal or other dispute involving Your domain name registration. See Section 6 indemnity provisions for any costs incurred by Compana.

1.3 In lieu of Your information, our information will be listed, however, what You list in Your account as the contact information for the Contacts below, in regard to your Domain Name (separate from your account information), must be accurate and any of the information below may be made available upon specific request by any third party as it is publicly available information. The following publicly available information must be listed in Whois databases for Your domain as per ICANN policy:
     a) Publicly Available Whois

          
• Registrant - Name, e-mail address, mailing address, and phone number           
• Technical - Name, e-mail address, mailing address, and phone number           
• Billing - Name, e-mail address, mailing address, and phone number           
• Administrative - Name, e-mail address, mailing address, and phone number

1.4 For each domain that utilizes this service, You agree to provide the following contact information ("Verifiable Information") in our database:

• Registrant - Name, e-mail address, mailing address, and phone number
• Technical - Name, e-mail address, mailing address, and phone number
• Billing - Name, e-mail address, mailing address, and phone number
• Administrative - Name, e-mail address, mailing address, and phone number

1.5 You agree to: (i) update your information immediately as it changes over time; (ii) respond within five (5) business days to any inquiries made by us to determine the validity of personal information provided by You (or within 24 hours if information is incorrect at time of initial set up); and (iii) promptly respond to messages regarding correspondence addressed to or involving Your domain names.

1.6 You agree that the contact information we provide shall not be used as a general "mail forwarding" service. You agree that You will not provide any third party with the contact information we provide for the purpose of having such third party transmit communications to you. Third parties may obtain the contact information listed in the Whois directory by their own initiative, but You agree that You will not be the one to provide the information to such third parties. Compana may immediately terminate this Agreement and, in its sole option and at its sole discretion, disclose information about your account, including but not limited your contact information, in the event that You breach this section.

2. Reservation of rights:
2.1 We expressly reserves the right to deny acceptance of Your subscription, cancel Your account and/or reveal Your Verifiable Information at any time without notice to you. We also reserve the right to disclose Your Verifiable Information when required by law (court orders, subpoenas, official government inquiries). In the event of being named as defendant in any civil, criminal or legal related proceedings, the Whois protection service for the affected domain will be terminated and all ownership information will transfer back to Your Verifiable Information. All verified spam complaints would result in Your service being terminated. Consequently, Your domain ownership information will revert back to Your Verifiable Information. Additional regulations for spam abuse are available via our Registration Agreement. Registration

3. Notice of termination and right to disclose your personal information:
3.1 In the event You wish to cancel the Whois Protection service for a given name, You agree to explicitly cancel/suspend via the Account Management website. Upon suspension or cancellation, the service will cease for the specific domain, the publicly available whois information will revert back to Your Verifiable Information. Additional notice or proof of cancellation is not required beyond what is available via our online interface. Any monies paid will be deemed forfeited and are not refundable. Please contact us if you need assistance to cancel/suspend the service using the "support" link on our website.

3.2 You understand and agree that we have the absolute right and power, in its sole discretion and without any liability to You whatsoever, to either: (i) close Your account (which means Your information listed in Your account for Your domain name will become the Registrant information for the domain name registration); (ii) reveal Your name and personal information that You provided to us when required by law; (iii) resolve any and all third party claims, whether threatened or made, arising out of Your use of a domain name registered by us on Your behalf, which may include revealing Your Verifiable Information; or (iv) take any other action we deem necessary:
     a) In the event You breach any provision of this Agreement or any other agreement, including but not limited to the Registration Agreement;
     b) To protect the integrity and stability of the applicable domain name Registry; c) To comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
     d) To comply with ICANN's Uniform Domain Name Dispute Resolution Policy;
     e) To avoid any financial loss or legal liability (civil or criminal) on the part of Compana, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
     f) To avoid a dispute if the domain name registered allegedly violates or does violate or infringe a third party's trademark, trade name or other legal rights (as determined with our discretion);
     g) To prevent inappropriate activity that comes to Compana's
     

attention, such that You are using Compana's services for purposes of engaging in, participating in, sponsoring or hiding Your involvement in, illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism and child pornography; (v) are tortious, vulgar, obscene, invasive of a third party's privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information.

3.3 You also acknowledge and agree that Compana may, in its sole discretion and without any liability to You whatsoever suspend Your rights under Section 1 of this Agreement during resolution of a dispute.

4. Communications forwarding
4.1 Postal Mail Forwarding. Inasmuch as our mailing address will be listed in the Whois directory, You agree that we may review and forward communications addressed to Your domain name that are received. You hereby authorie us to receive, sort, open, forward, and destroy any and all mail sent to our address in our sole discretion. You specifically acknowledge that we are not obligated but may forward to You, certified or traceable courier mail (such as UPS, FedEx, or DHL), legal notices, or first class U.S. postal mail, however, we will NOT forward "junk" mail or other unsolicited communications (whether delivered through fax, postal mail or telephone), and You further authorize us to either discard all such communications or return all such communications to sender unopened. For delivery of postal mail, it may be done via regular mail forwarding or scanned and e-mailed electronically to the Verifiable Information for the registrant of domain name. You will have seventy-two (72) hours to decide whether to have the communication(s) forwarded. If you do not respond within this time period, the communication(s) will not be forwarded. You agree to waive any and all claims arising from Your failure to receive communications directed to Your domain name but not forwarded to You by us. If required, at our discretion, we may immediately reveal your contact information, listed for the domain in question in your account, to any individual over phone and/or e-mail, if requested, and/or cancel Your private registration service. This means, in addition to Your name, the Whois directory will revert to displaying Your postal address, email address and phone number. We take this action because we will not become involved in any legal or other matters between You and third parties.

4.2 A telephone number that is answered by our answering service or machine will be displayed in the public WHOIS database for the applicable domain name. Callers will be informed of how to contact you using the information displayed in the public WHOIS database.

4.3 Email Forwarding. The Whois directory requires a valid email address for every purchased domain name registration. Messages we receive for Your domain may be forwarded to the e-mail listed in your Verifiable Information for the registrant of the domain name in your account, and may first be filtered by a .Spam Filter.

4.4. Forwarding Fees. In consideration for (i) handling and forwarding certified and traceable courier mail and certain first class correspondence, and (ii) responding to and dealing with complaining third parties, You agree to pay us at the time such services are provided. We may change its forwarding fees at any time. Unless otherwise stated, all fees are posted (and payable by You) in U.S. Dollars. You are responsible for paying all fees and taxes associated with using our forwarding services. Payment shall be made by You, providing a valid credit card for charge by us, and is non-refundable. If for any reason we are unable to charge Your credit card with the full amount of the service provided, or if we charged back for any fee it previously charged to the credit card You provided, You agree that we may, without notice to You, pursue all available remedies in order to obtain payment, including but not limited to, sale of the domain name registration to a third party, and immediate cancellation of Your account.

4.5 Additional Administrative Fees. We reserve the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. You agree that we will arrange to bill these charges to the credit card You have on file. Administrative fees, once charged, will be non-refundable. It is Your responsibility to keep Your credit card information current and accurate, including the expiration date. Failure to do so could result in termination of the agreement.

5. Limitation of liability
5.1 UNDER NO CIRCUMSTANCES SHALL COMPANA, ITS SUBSIDIARIES AND PARENT ENTITIES, PREDECESSORS, SUCCESSORS, AFFILIATES, AND ASSIGNS, AND ALL OF THEIR RESPECTIVE CURRENT AND FORMER OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, AGENTS, AND EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME REGISTRATION OR THE MATERIALS AND CONTENT OF THE WEBSITE OR ANY OTHER WEBSITE OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO US OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PRIVATE WHOIS SERVICE IN THE SIX (6) MONTHS PRIOR TO AN EVENT GIVING RISE TO LIABILITY THAT IS AT ISSUE FOR THE THEN-CURRENT PERIOD OF SERVICE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.

5.2 YOU FURTHER UNDERSTAND AND AGREE THAT WE DISCLAIM ANY LOSS OR LIABILITY RESULTING FROM: (I) THE INADVERTENT DISCLOSURE OR THEFT OF YOUR PERSONAL INFORMATION; (II) ACCESS DELAYS OR INTERRUPTIONS TO OUR WEBSITE OR THE WEBSITES OF OUR AFFILIATED-REGISTRARS; (III) DATA NON-DELIVERY OR MISDELIVERY BETWEEN YOU AND US; (IV) THE FAILURE FOR WHATEVER REASON TO RENEW A PRIVATE DOMAIN NAME REGISTRATION; (V) THE UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY SERVICES; (VI) ERRORS, OMISSIONS OR MISSTATEMENTS BY OUR SERVICE; (VII) DELETION OF, FAILURE TO STORE, FAILURE TO PROCESS OR ACT UPON MESSAGES FORWARDED TO EITHER YOU OR YOUR PRIVATE DOMAIN NAME REGISTRATION; (VIII) PROCESSING OF UPDATED INFORMATION REGARDING YOUR ACCOUNT; AND/OR (IX) ANY ACT OR OMISSION CAUSED BY YOU OR YOUR AGENTS (WHETHER AUTHORIZED BY YOU OR NOT).

6. Indemnity
6.1 YOU AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANA, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT, THE SERVICES PROVIDED HEREUNDER BY COMPANA, THE WEBSITE, YOUR ACCOUNT WITH US, YOUR USE OF YOUR DOMAIN NAME REGISTRATION, AND/OR DISPUTES ARISING IN CONNECTION WITH THE DISPUTE RESOLUTION POLICY (HTTP://WWW.ICANN.ORG/DNDR/UDRP/POLICY.HTM).

7. warranty disclaimer
7.1 COMPANA, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED HEREUNDER, OUR WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL SERVICES ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO AND USE OF SERVICES AND ITS WEBSITE ARE ENTIRELY AT YOUR RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

8. Proprietary rights
8.1 You understand and agree that all content and materials contained in this Agreement, the Privacy Policy and the our website, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that we expressly reserve our rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the afore-described content and materials without the express written permission of Compana. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.

9. Miscellaneous provisions
9.1 Severability; Construction; Entire Agreement. If any part of this Agreement shall be held to be illegal, unenforceable or invalid, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, enforceable and valid, and the legality, enforceability and validity of the remaining provisions of this Agreement shall not be affected or impaired. The headings herein will not be considered a part of this Agreement. You agree that this Agreement, including the policies and agreements it incorporates by reference, constitute the complete Agreement between You and us regarding the services contemplated herein.

9.2. Governing Law. The parties stipulate and agree that this Agreement shall be governed in accordance with the laws of the State of Texas as if the Agreement was a contract wholly entered into and wholly performed within the State of Texas. The parties further stipulate that any action to enforce this Agreement or any matter relating to your use of the web site (including class actions or individual suits, regardless of whether or not a similar action and/or comparable remedy could be pursued in a foreign state) shall be brought exclusively in the courts located in Dallas County, Texas.

9.3 Assignment. This Agreement may be assigned by us without your consent. You may not assign this Agreement (and the related domain registration) without the prior written consent of Compan

9.4 Term of Agreement; Survival. The term of this Agreement shall continue in full force and effect as long as our contact information is listed as the Registrant for any domain name on Your behalf. Sections 4 (Communications Forwarding), 5 (Limitation of Liability), 6 (Indemnity), 7 (Warranty Disclaimer) and 9 (Miscellaneous Provisions) shall survive any termination or expiration of this Agreement.