I (a) DOMAIN NAME

1. AGREEMENT

In this Service Agreement ("Agreement") "you" and "your" refer to each customer, "we", us" and "our" refer to Data Ingenious Global Limited. (hereinafter referred to as GODIL) and Services refers to the services provided by us. This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our Services you have agreed to establish an account with us for such Services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and by any pertinent rules or policies that are or may be published/ mailed by us. 

2. SELECTION OF DOMAIN NAME

We cannot check and are not obligate to see whether the domain name you select/transfer, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we might turn to you to hold us harmless and indemnify us. 

3. Rights & Responsibilities of Parties

  a) You shall provide to us accurate and reliable contact details and promptly correct and update them during the term of the domain registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available; name of authorized person for contact purposes in case you are an organization, association, or corporation. b) Your willful provision of inaccurate or unreliable information, willful failure to promptly update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with your domain registration shall constitute a material breach of the agreement and be a basis for cancellation of the domain registration. c) If you intends to license use of the domain name to a third party, nonetheless, you are responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain. The Registrant licensing the use of a domain according to this provision shall accept liability for harm caused by wrongful use of the domain, unless it promptly discloses the current contact information provided by the licensee and the identity of the licensee to a party providing the Registrant reasonable evidence of actionable harm. d) You may choose to limit the amount of personal information that a Registrar makes available in a WHOIS query. To do so, the name may be registered through a privacy service (allowing you to conceal personal identifying information and often replacing it with the information of the privacy service). However, in such circumstances also, you are required provide to us the accurate and reliable contact details and promptly correct and update them during the term of the domain registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available; name of authorized person for contact purposes in case you are an organization, association, or corporation. You shall be bound to provide us the accurate and complete information as required under WHOIS, which though not published but be maintained in our database. e) We shall provide notice to each new or renewed Registrant stating: • (i) The purposes for which any Personal Data collected from the applicant/registrant are intended; • (ii) The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator); • (iii) Which data are obligatory and which data, if any, are voluntary; and • (iv) How the Registrant or data subject can access and, if necessary, rectify the data held about them. f) You shall consent to the data processing referred to in Clause (d). g) You shall represent that notice has been provided equivalent to that described in Clause (d) to any third-party individuals whose Personal Data are supplied to the Company by you, and that you have obtained consent equivalent to that referred to in Clause (e) of any such third-party individuals. h) We agree that we'll not process the Personal Data collected from you in a way incompatible with the purposes and other limitations about which we have provided notice to you in accordance with Clause (d) above. i) We agree that we will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. j We shall maintain the confidentiality of the WHOIS data provided by you under the Privacy Service, however we shall have the right to disclose such information, without any prior intimation to you, to any regulatory authority or to any other person whom we shall deem required to be provided with.  k) You shall represent that, to the best of your knowledge and belief, neither the registration of the domain Name nor the manner in which it is directly or indirectly used, infringes the legal rights of any third party. l) For the adjudication of disputes concerning or arising from use of the domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where we are located. m) You shall agree that the registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the domain name. n) You shall indemnify and hold harmless the Company, and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration.  o) You agree that you will not use domain name for any illegal purpose. If you host any unlawful and objectionable content or use domain for any illegal purpose we can block the domain and change the DNS records without any notice.

4. FEES PAYMENT AND TERM 

As consideration for the Services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable unless we provide otherwise. As further consideration for the Services, you agree to: (1) provide current, complete and accurate information about you as required for the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties such Account Information. The Registrant, by completing and submitting the Domain Name Registration/Transfer Agreement ("Registration/Transfer Agreement"), represents that the statements in its application are true and that the registration of the selected Domain Name, so far as the Registrant is aware, does not interfere with or infringe upon the legal rights of any third party. The Registrant also represents that the Domain Name is not being registered/transferred for any unlawful purpose.  On the registration/transfer of a Domain name by GODIL, a default home page will be displayed that could contain the following information:  • 1. Name of the registrant • 2. Email address of the registrant • 3. Address of registrant • 4. Logo of GODIL.in(site from which the domain is registered) • 5. Logo of GODIL (server on which domain is hosted initially) Domain Name can be applied for a period of 1 to 10 years (minimum period 1 year from the date of the registration. You can apply for renewal of the registration for further period of 1 to 10 years on payment of renewal fees applicable at the time of re-registration, and terms and conditions as applicable at the time of re-registration. The payment for re-registration must be received at least 15 days prior to the date of expiry otherwise re-registration of the same domain name shall not be granted. You acknowledge and agree that GODIL cannot guarantee that you will be able to register or renew a desired domain name even, if an inquiry indicates that domain name is available, since GODIL cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by third party(s), or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You further agree that GODIL may elect to accept or reject your application for registration or renewal for any reason at its sole discretion.  All payments are to be made in favor of "Data Ingenious Global Limited" payable at Jaipur and are to be sent at the mailing address as mentioned in clause 20 of this agreement by courier/registered post. No outstation cheques are accepted. At the back of the Cheque / Demand draft you are required to mention your Order ID and domain name(s) you have booked against each order ID. In case payment is made by Credit Card then the registrant is required to send at the sole discretion of GODIL, where it deems fit a Confirmation Letter (see Annexure I) duly signed by him through fax/courier/registered post. GODIL reserves the right to stop the services, in case the confirmation letter as required is not received back within 10 days of allotment of Order ID Number.  Your domain name application, renewal application or registrar transfer request will not be submitted to the applicable registry unless we receive actual payment of the registration, renewal or transfer fee or reasonable assurance of payment of the registration, renewal or transfer fee from some other entity (such reasonable assurance as determined by GODIL at its sole discretion). In the event of a charge back by a credit card company or dishonor of Cheque / demand draft in connection with your payment for the registration, renewal or registrar transfer request, you acknowledge and agree that the registration shall be transferred to GODIL as the entity that has paid the registration, renewal or transfer fee for that registration to registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal or transfer fee.  As per the ICANN Policy the Registrar shall send atleast two reminder mails/notice to the Registrant for a domain approaching expiry. It is also the responsibility of the registrant to renew the domain name on timely basis. However, at the conclusion of the registration period , failure by the Registrant fails to pay the renewal fee within the specified time as mentioned in the second reminder notice/mail, results in cancellation of the domain registration. We may send you more than two reminder mails for renewal prior to the date when a renewal is due. (Though renewal reminder is automated, We owe no responsibility if we fail to notify prior to due date. You are requested to make the payment for renewal as and when due). Domain renewal status can be checked by you from the control panel provided to you. Should a renewal fee go unpaid within the time specified regarding renewal, the registration will be cancelled. Payment must be made by cheque/demand draft/credit card or such other method as we may indicate in the registration application or renewal form. We will renew the registration for the term specified, provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew the registration, we will contact you to update this information and charge you accordingly.  Identification of a premium domain can be ascertained only after the payment for the domain. In case, the domain turns out to be the Premium domain in the Registry, Registrant shall pay the amount applicable on the premium domain as levied by the respective Registry to get the domain or can claim the refund of the amount so paid.  In case the requisite payment is not received since it is due, then we can stop providing services to you and the stoppage of service due to non payment or any other reason attributable to you can not be held as " intent to cause wrongful loss or damage to the public or any person and neither it can be constructed to diminish the value or utility or affect you injuriously'. Discontinuance of service by GODIL due to non payment of dues or any other reason attributable to you does not amount to Hacking. 

5. MODIFICATION OF AGREEMENT

You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices clause of this agreement, Clause 20. You agree to review our web site, including the Agreement, periodically 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 regular mail as per the Notice clause of this agreement, Clause 20. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes. You further agree that we, in our sole discretion, may modify our Domain Name Dispute Policy at any time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database. 

6. MODIFICATION TO YOUR ACCOUNT

In order to change any of your account information with us, you must use your ID (that you were assigned when you opened your account with us) and Password (that you use to login to your panel). Please safeguard your Account Identifier i.e. the ID and Password from any unauthorized use. In no event we will be liable for the unauthorized use or misuse of your ID or Password. However processing of any transaction relating to your domain, may require certain modification, for which purposes you authorize us to modify you domain details for processing your requested transaction on your behalf. That such modification to your domain details will be restored back within 30 days from the date when the requested transaction has been successfully executed. 

7. DOMAIN NAME DISPUTE POLICY

If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by ICANN Domain Name Dispute Policy ("Dispute Policy") which is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with the dispute policy. ICANN reserve the right to modify the dispute policy and the moment modified dispute policy is put in our web site, the modified dispute policy is applicable. 

8. DOMAIN NAME DISPUTES

You agree that, if the registration or reservation or transfer of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. 

9. DOMAIN NAME RENEWALS AND DELETION POLICY

If you fail to renew your domain name, the domain names under GODIL will be renewed automatically by GODIL on your behalf for a period of one (1) Year. After auto renewal of your domain name by GODIL you will have a Renewal Grace Period during which you may reimburse GODIL its renewal fee and keep your domain name. That a Domain under Renewal Grace Period shall on expiry be put on dns path resolution change (i.e. domain nameservers get changed and all services like hosting/mailing gets stopped). If you do not reimburse GODIL such renewal charges during the renewal grace period your domain shall be flagged for deletion, after which you will have a redemption period during which you may pay GODIL Redemption fee and renewal charges and redeem your domain name from the Registry. The maximum redemption fee is INR 10,000/- and is subject to change under the terms of this agreement. If you do not redeem your domain name prior to the end of the Redemption Period the Registry will release your name and it will become available for registration on a first-come-first-served basis.  After the expiration of domain, customers shall not be allowed to perform any operations from GODIL's control panel against the expired domain. However, during such period, restoration and renewal order can be placed for such domains.  the name server of the domain shall be changed and shall redirect domain to a parking page which will display that domain has expired and should be renewed and all related services such as hosting, email etc.., shall be stopped until the same is renewed/ restored.  After placing the order for renewal/ restoration, customer shall be allowed to perform all operations as well as all related services from the GODIL control panel and name server will be regress to its previous place subject to the realization of renewal/ restoration payment.  Once the specified renewal grace period for the domain has been expired, it is on the discretion of the Registrar to delete or to retain that domain and to gain back the said domain after the renewal grace period, Registrant shall pay a certain fees as may charged by the registrar, which shall not exceed restoration fee for the domain.  Renewal Grace Periods and Redemption Periods vary for different ccTLDs. Please refer to the specific terms for the applicable ccTLD. In the event of a conflict between this paragraph and the ccTLD terms, the ccTLD terms shall control.  For some of the cctld's registrations/ renewals , registrant has to provide specific documents to show the presence in specific country, if not available agency fee is require to be paid and shall be liable to get renewed along with domain renewal.  Specific to CCTLD's: For CCTLD's renewal ,GODIL encourage that all the customers shall make the advance payment for renewal of their domain name before 10 days of expiry as the renewal totally depends on grace periods which vary in each case, as in some cases the grace period is very less. Followed, GODIL owns no responsibility of domain lose.  RENEWAL NOTICES REMINDER SCHEDULE: The renewal notice reminder shall be sent by the Company to the Registrants (Owner's) in accordance to the below given schedule: i) First renewal reminder shall be sent 30 days prior to the expiry of the concerned domain. ii) Subsequent renewal reminder shall be sent 15 days prior to the expiry of the concerned domain.  iii) Further, renewal notice reminder shall again be sent to the registrant's 7 days prior to the expiry of the concerned domain. iv) Final reminder shall be sent within 5 days of expiry of the concerned domain name.  The notification for renewal will be sent to the Registered Name Holder via email on the email address provided as the point of contact in Registration Service. 

10. AGENTS

You agree that, if an agent for you (i.e., an Internet Service Provider, web designing company, employee, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy. 

11. ANNOUNCEMENTS

  We reserve the right to display/distribute any search results and/or advertising result in Pop-up, Pop-under, exit widows, expanding buttons or animations to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your search on the Internet. 

12. LIMITATION OF LIABILITY

You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). Our contractors and we shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We 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 CRN ID or Password; (5) loss or liability resulting from errors, omissions, or mis-statements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. The registrant agrees that we will not be liable for any loss of registration and use of registrant's domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event our maximum liability shall exceed the amount of fees paid by you for the service/s hired by you. 

13. INDEMNITY

You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with lawsuit 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 by us to be a breach of your Agreement and may result in deactivation of your domain name. 

14. INACCURATE OR UNRELIABLE DATA

You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up-to-date. Your willful provision of inaccurate or unreliable information, your willful failure to promptly update information provided to the registry operator, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by the registry operator concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy. 

15. RIGHT OF REVOCATION

Registrant agrees that registrar may delete a Registrant's domain name if any information required to be supplied by the Registrant under this Registration Agreement, or subsequent modification(s) thereto, is false or misleading, or conceals or omits any information that registrar would likely consider material to its decision to approve this Registration Agreement. Registrant further agrees that registrar may deny, cancel, suspend or revoke the registration of Registrant's domain name, or, suspend the delegation of Registrant's Domain Name, if it is reasonably determined by registrar in its sole discretion, that Registrant or any other person uses or perceived to use the domain name in connection with: a) Any activity that infringes the intellectual property rights or other rights of third parties; b) Any activity that defames or disparages any person; or c) Any illegal activity including but not limited to, pornography and/or nudity of any kind, adult pornography, Anime, child pornography, "adult content" and/or the written word of a sexual nature; or d) Any otherwise illegal or fraudulent activity. 

16. BREACH

  You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within five (5) calendar days of the date of such notice, you fail to provide evidence, which is reasonably 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 or terminate your e-mail account without further notice. 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 GUARANTEE

You agree that, by registration or reservation or transfer of your chosen domain name, such registration or reservation or transfer does not confer immunity from objection either to registration, reservation, transfer or use of the domain name. The allotment of Order ID number and payment by you for your requested Domain Name does not ensure that your requested Domain name is registered. Your domain name is guaranteed as registered only when you receive a confirmation mail from us, confirming registration of your domain name. 

18. DISCLAIMER OF WARRANTIES

You agree and warrant that the information that you provide to us to register or reserve your domain name or register for other Services is to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided immediately. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, 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) or as to the accuracy or reliability of any information obtained through our e-mail service or that defects in the Services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our e-mail service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the e-mail service or any transactions entered into through the e-mail service. No advice or information, whether oral or written, obtained by you from us or through the e-mail service shall create any warranty not expressly made herein. 

19. RIGHT OF REFUSAL

  We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services within such thirty (30) calendar days period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or register you for other Services. 

20. (A) Specific to .भारत Domain

.भारत Registration  Owners of registered Indian trademarks or service marks who wish to protect their marks will be given the priority to apply for .भारत domain names before the general public. The Sunrise will give preference to Indian citizens and companies over entities from abroad. You hereby agree that while obtaining and during the term of domain name registration, you must meet the .भारत registration requirements set forth by the .IN Registry for the registration of the domain within .भारत TLD. Applications must be submitted to the registry only through an accredited registrar. Applications for all sunrise phases will be accepted as per schedule available at http://godil.in Sunrise A:  This phase is open only to trademark or service mark holders who are Indian citizens or Indian registered companies. Applicants are advised to ensure they supply valid IPR Information in the following fields for Sunrise--A applications. All fields are mandatory here: • IPR Name • IPR Number • IPR CC Locality  • IPR Applied  • IPR Registered • IPR Class • IPR Entitlement • IPR Type: [value: SRA] Sunrise B: This phase is open to foreign entities that own Indian trademarks or service marks. Applicants are advised to ensure they supply valid IPR Information in the following fields for Sunrise--B applications. All fields are mandatory here: • IPR Name • IPR Number • IPR CC Locality • IPR Applied • IPR Registered • IPR Class • IPREntitlement • IPR Type: [value: SRB] Applicants are advised that if they fail to supply data in fields that are required for a successful Sunrise application type, the application may be denied. Applications for registration to Sunrise A and Sunrise B can be made at http://www.godil.in NOTE: Please note that the names applied for in Sunrise A and Sunrise B will locked so they're not available for application in Sunrise C or for general registration. Sunrise C: In this phase, an applicant having an existing .IN ASCII domain that correspond to the string being applied for in IDN.  The General Availability period is slated to commence after the Landrush period ends. This period is open for general public and enables everyone to buy and register .भारत domains instantly. During this period all the remaining .भारत domain names will be allotted to applicants on a first-come-first-served basis. Applicants are advised to ensure they supply valid data properly in the fields for Sunrise C applications available at the link given below. Applicant, if, fail to supply data in fields that are required for a successful Sunrise application type, the application may be denied. Applications for Registration under Sunrise C will be launching on November 18, 2014 at 09.00 IST at http://www.godil.in ELIGIBILITY RULES: In order to be considered valid, a Sunrise application must meet all the criteria as specified at http://www.godil.in NAMES NOT ELIGIBLE: Certain domain names have been reserved for use by the government, constitutional bodies, and the Registry. A list of these domain names will be published for public reference on the www.registry.in Web site. Applications for these domain names will be rejected. Applications must conform to general Registry registration policies. The domain names would be accepted only in the punycode format and not otherwise. APPLICATION PROCESS Applications must be submitted to the registry through an accredited registrar as per the process specified at  http://www.godil.in TERMS & PRICES: Sunrise domains that are awarded will be registered for an initial term of five years. 1. Applicant will be assessed an application fee of Rs.500/- for each application they submit. 2. Trademark Owner should be the Registrant contact for the applied domain name and Trademark Administrative contact should be Admin Contact for the applied domain name. 3. The Applicant will also be charged for the Create term, which can be minimum 5 years and maximum 10 years, at the time the award determination is made. 4. All Sunrise fees charged to Applicant are non-refundable. PROOF OF TRADEMARK GUIDELINES: Upon application, applicants must send the documentation described below to the Registry for verification. This will assist in the prevention of false applications. Applicant must provide: 1. A legible photocopy of the trademark certificate via postal mail or courier. A Notary, Magistrate, Oath Commissioner, or Gazetted Officer or any other Authority duly authorized by the Competent Authority must attest this copy to be a true copy. 2. A notarized affidavit in a form prescribed by the Registry. This will be available on the Registrar Relations area. 3. A printout of the application confirmation e-mail that the Registry sent to the applicant. A separate copy of the trademark certificate, affidavit, and e-mail printout should be sent for each and every domain name applied for. Original trademark certificates should not be sent to the Registry. The Registry will have no responsibility / liability to return any document sent to it. Scanned electronic copies, printouts from online trademark databases, faxed copies of trademark certificates, etc. will not be accepted. Trademark documentation should be sent to: NIXI (National Internet Exchange of India) Attention: .भारत Sunrise 6C,6D,6E,Hansalaya Building 15,Barakhamba Road,  New Delhi-110001. Tel.: +91-11-48202011, Tel. : +91-11-48202000, Fax: +91-11-48202013 E-Mail: registry@nixi.in The Registry reserves the right to demand any other documents as desired by it from the applicant. The deadline for receipt of trademark certificate documentation by the Registry is 17:00 IST (11:30 UTC) on 14th November 2014. Documentation received after that time will be ignored, and applications without documentation will be considered failed. Please note that Registry shall not be responsible for any postal delays. AWARD PROCESS: The Registry will examine that the documentation provided supports the application duly supports the application for the Sunrise registration. Where there are two or more applications for the same domain name, priority will be assigned in the following order. 1. Applications in Sunrise A have priority over applications in subsequent Sunrise Phase and so on. 2. The priority of applications in a phase will be assigned based on the applications' timestamp as recorded by the Registry. 3. For each unique domain name applied for, the Registry will perform a facial examination of the first priority application's trademark certificate. 4. If the priority application satisfies all the Sunrise criteria, the Registry will award the domain to the priority applicant. 5. If the priority applicant's trademark does not satisfy all of the Sunrise criteria, that application will be considered failed. 6. The Registry will then examine the trademark of the next priority application for that domain name. 7. This process will repeat until: (a) a valid application is found and an award is made, or (b) the phases of applications for that domain name are exhausted. If no valid application is received, then the domain name will be made available in open registration. 8. If the award status of an applied-for domain name has not been determined by the time open registration begins for the general public, the Registry reserves the right to create that domain name in the registry using generic place-holder data. The Registry can then update that place-held domain if an award is made, or deleted and thereby made available in open registration if no award is made. Sunrise Awards; Opening for Real-Time Registrations; Transfers Sunrise awards will be announced through the publication of the WHOIS, shortly before open registration begins for the general public on 17th November 2014. The Registry may lock domain names (statuses: serverDeleteProhibited, serverUpdateProhibited, serverTransferProhibited, serverRenewProhibited) registered during the Sunrise Period at the registry level for a period of up to 180 days following the end of the Sunrise Period. The only exceptions are for transfers required as a result of: a decision in .भारत Dispute Resolution Process administrative proceeding, or an order from any Indian court of competent jurisdiction. In addition, names subject to one or more pending legal proceeding may not be transferred. Applicants will be allowed to change name servers on their domains during the lock period. Legal Notices: Representations. By applying to register a Domain Name in accordance with the Sunrise registration conditions of the Registration Agreement, the applicant hereby represents and warrants that: (a) the statements that the applicant has made in his Registration Agreement with the registrar are complete, accurate and correct; (b) the registration of the Domain Name complies with the Sunrise registration conditions set forth in the Registration Agreement; (c) to the applicant's knowledge, the Domain Name will not infringe upon or otherwise violate the rights of any third party; (d) you are not registering the Domain Name for an unlawful purpose; and (e) the applicant will not knowingly use the Domain Name in violation of any applicable laws or regulations. It is the applicant's responsibility to determine whether the Domain Name registration infringes or violates someone else's rights. Cancellations, Transfers, and Changes. The Registry will cancel, transfer, or otherwise make changes to a domain name registration under the following circumstances: a. Receipt of written or appropriate electronic instructions from the applicant or their authorized agent to take such action; and/or b. Receipt of an order from a competent Indian court or arbitral tribunal, in each case of competent jurisdiction, requiring such action. The Registry may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of the Registration Agreement or other legal requirements. Policy Modifications: The Registry reserves the right to modify theses Rules at any time. We will post revised Rules at least fifteen (15) days before it becomes effective. In the event you object to a change in this Policy, your sole remedy is to cancel your Domain Name application or registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your Domain Name application or registration. Disputes and Errors: The Registry's award decisions shall be final and are not subject to challenge. Applicants are wholly responsible for any submission errors or omissions that they make. After awards are announced, parties will be free to challenge a domain name Applicant via the .भारत dispute resolution process. Liability for Inaccurate Data: You hereby acknowledge that only you shall be responsible for making any misrepresentation, whether done knowingly or unknowingly. GODIL, in no event, shall be responsible for the acts done by you or the data/information provided by you or for any damages, of whatsoever nature, arising, whether knowingly or unknowingly, out of such information/data. You shall be responsible for verifying the correctness of the data that have been provided by you in consonance with the requirements of the domain .भारत. You shall also be solely responsible for any information/data provided by you in contravention/contradiction of the requirement of the domain .भारत.  Refund:  No fees shall be refunded for the rejection of any application, if not found in order with the requirements of .भारत.  Indemnification:  You shall indemnify, defend and hold harmless GODIL, its subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from any and all claims, demands, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, in any way arising out of, relating to, or otherwise in connection with the domain name registration with .भारत. This indemnification obligation shall survive the termination or expiration of the this agreement. You acknowledge, having read and understood, and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement. 

21. 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 full force and effect.

22. NON-AGENCY

Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

23. HEADING

Heading used in this agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause or in any way affect this agreement.

24. NOTICE

You agree that, unless other instructions are posted on the GODIL's Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission. Mail shall be sent to:  Data Ingenious Global Limited Station Road, Durgapura Jaipur-18 Email- cs1@dil.in

25. NON-WAIVER

Our failure to require performance by the Registrant of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

26. ENTIRETY

You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

27. GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of Union of India. Both parties agree to submit to the jurisdiction to the Territory Region of Jaipur and courts of Jaipur only.

28. INFANCY

  You attest that you are of legal age to enter into this Agreement.

29. ACCEPTANCE OF AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS AND AFTER AGREEING WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND DISPUTE POLICY YOU ARE FILLING DOMAIN NAME REGISTRATION FORM. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.