TERMS AND CONDITIONS

1. Definitions

"Registrant," "you," "your," and "registrants" refer to the individual or entity that aims to register a domain name through the registration services of MakeDomain.

"We" and "us" refer to MakeDomain and Netpia.com Inc. with headquarters at 14F JEI-Platz Bldg, 459-11, Gasan-dong, Geumcheon-gu, Seoul, South Korea. Netpia.Com Inc. (NETPIA) is an ICANN-accredited registrar. MAKEDOMAIN is operated by NETPIA.

"Agreement" refers to this Registration Agreement. "Registry Operator" refers to the entity that administers and operates the registry where the domain name is registered.

2. Purpose

2.1 The purpose of this Agreement is to prescribe the terms and conditions for the use of the registration service of a domain name such as .com, .net, .org, .biz, .info, .name, .cn, .tel,.asia, .tv, .cc, etc, provided by us.

2.2 Individuals, corporations or organizations, etc (referred to as "Registrant" here under), using our domain name registration service, shall read and agree to be bound by the rules and policies, provided by us, including the Terms and Conditions, before finishing domain name registration procedure. Hence, accessing the service under the Terms and Conditions for a Registrant¡¯s benefit shall be construed as the Registrant¡¯s agreement to be bound by the Terms and Conditions.

2.4 The Terms and Conditions shall also be applicable to such cases as where a Registrant allows a third party to use the Registrant¡¯s domain name or account.

2.5 Where a dispute arises in connection with the interpretation of the English and Korean versions of the Terms and Conditions, the Korean version shall take precedence over the English version.

3. Agreement Effectivity

Only upon MakeDomain¡¯s acceptance of the Agreement from the Registrant, shall these terms and conditions be binding for both MakeDomain and Netpia.com Inc.

4. Submission of the Agreement

4.1 You have been made aware that MakeDomain is operated by Netpia.com, Inc., an accredited registrar of Internet Corporation for Assigned Names and Numbers ("ICANN"), and that we have also signed agreements with the Registries Operator (the "Registry Operator Agreements") for Generic Top Level Domain Registrations and Country Code Top Level Domain (ccTLDs). By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by the Registry Operators, whenever applicable.

4.2 Verisign Global Registry Services is the Registry Administrator for .com and .net, .tv and cc; ; Public Interest Registry (PIR) is the Registry Administrator for .org; Neustar Inc. is the Registry Administrator for .biz; Afilias Ltd is the Registry Administrator for .info; GNR is the Registry Administrator for .name; CNNIC is the registry operator for .CN; DotAsia Organisation for .asia; Global Name Registry for .name and TELNIC is the registry operator for .tel. In the Terms and Conditions, the Registry shall be interpreted as including all of Verisign Global Registry Services, PIR, Neustar Inc., Afilias Ltd., TELNIC, Public Interest Registry, Dotasia Organisation, Global Registry (GNR) and CNNIC.

4.3 Netpia.com is a reseller of iBi for .kr registrations.

4.4 By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by the Registry Operators, whenever applicable.

5. Your Data

5.1 As part of the registration process, you are required to give us some basic personal information, meaning these details are directly identifiable to only you, such as your full name, postal address, e-mail address, voice telephone number, and fax number if available. You acknowledge that we shall adopt our Privacy Policy to protect your interests.

5.2 In addition the following data on registered names according to an ICANN adopted specification or policy shall be subject to public access:

5.2.1 The name of the Registered Name;

5.2.2 The names and the IP addresses of the primary nameserver and secondary nameserver(s) for the Registered Name;

5.2.3 The name and postal address of the Registrant;

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

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

5.2.6 Any other data the Registry Operator or ICANN requires be submitted to it.

6. Domain Name Registration and Registration Information Change

6.1 A Registrant can use the services provided by MakeDomain such as domain name registration using our website. Any domain name shall be used only after a Registrant sends information for registration to the Registry and then the Registry registers an available domain name.
6.2 A Registrant may change domain name registration information according to the procedure determined by MakeDomain and the Registry.

6.3 When a Registrant (assignor) wants to change registration title, the Registrant shall pay all the unpaid registration fees, fill out the Application Form for the Passage of Title provided on the Internationalized Domain page, and submit it by post mail together with the documents that can identify the Registrant (in the case of an individual, a copy of ID card, Certificate of the Personal Seal Impression; in the case of a corporation, a copy of Trader¡¯s Registration Certificate and Certificate of the Corporate Seal Impression). A new Registrant (assignee) designated by a former Registrant shall follow the online procedure to become a member. MakeDomain shall review the Application Form for the Passage of Title and attached documents submitted by the Registrant to determine whether we would execute the procedure for the change of title or not. MakeDomain shall not be directly involved in domain sale and purchase, donation, etc between an assignor/assignee. All the legal and moral responsibilities in connection, with domain trade and donation, shall fall on an assignor/assignee.

7. Policies of use

You agree that the domain name shall reconcile with the guidelines established by ICANN, and shall not consist of any of the reserved names established by the Registry Operator. Said norms and policies can be found at the web page of ICANN www.icann.org. You have been made aware that a domain name registered against the ICANN norms or the reserved names may be cancelled. MakeDomain will not be liable in any case for such cancellation.

8. Service Fee

8.1 A Registrant shall pay the service fees including registration fee, on which information was shown to the Registrant, before using the service. All the fees shall be paid before the use of the service and the fees shall not be refunded except for the cases stipulated in this Article. MakeDomain has the right: to refuse to provide service until the related service fee is paid; and to cancel the registration of a domain name when the request for the related payment was rejected, for example claim for the payment on the related credit card was turned down. In this case, even when the registration was not successfully canceled due to technical problems, the related Registrant shall lose the right to the domain name.

8.2 A Registrant may cancel the registration of a domain name within twenty four (24) hours after applying for the registration. Only a cancellation under this Article shall MAKEDOMAIN allow the refund of the payment, after deducting some amount of money based on separately prescribed standards.

9. EXPIRATION AND RENEWAL OF SERVICE(S):

9.1 You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire.

9.2 As a convenience to you, and not as a binding commitment, we and/or your Primary Service Provider (your website hosting service provider) may notify you via an email message or via your account when renewal fees are due or we may grant a Redemption GracePeriod to give you an extended opportunity to learn or detect that the domain name registration has expired. During this time, the domain name cannot be registered by any other party; however, the domain name is removed from the TLD's master zone file, the database that TLD domain name servers use to resolve domain names to Internet (IP) addresses. This action has a practical effect of preventing Internet users at large from accessing a web site operated in that domain or sending email to users in that domain. Often, if the domain name non-renewal is unintentional, you can restore and renew the registration through us. We will then notify the registry, the "hold" status of the domain name is removed, and (if the domain name is in active use) the domain name is restored to the TLD's master zone file. Should these fees go unpaid, your Services will expire or be cancelled. The automatical renewal service is conditioned upon the payment of additional fees. Payment must be made by credit card or such other method as we may allow or require from time to time.

9.3 If you select automatic renewal of the Service(s), we may attempt to renew the Service(s) a reasonable time before expiration, provided your credit card or other billing information is available and up to date. You acknowledge that it is your responsibility to keep your billing information up to date and that we are not required to, but that we may, contact you to update this information in the event that an attempted transaction is not processed successfully. *please note: for certain TLDs, the automatic renewal option is not available.

9.4 We shall reserve the right to cancel the registration of a domain name, for which the renewal fee has not been not paid before expiration, without a separate notice or notification. Even when the related registration was not canceled due to technical reasons, etc, the Registrant¡¯s right to the domain name shall get extinct.

10. Licenses of the Domain Name

10.1 As the registrant of your domain name, you will be responsible for all obligations under this Agreement even if someone else registered on your behalf, and even if you choose to grant a third party the use of your domain name. You accept liability for any harm caused by wrongful use of the domain name.

10.2 As Registrant you represent that notice has been provided to any third-party individuals whose Personal Data are supplied to Registrar by the Registrant, and that the Registrant has obtained the consent of any such third-party individuals for the use of such Personal Data.

11. Breach of the Agreement

You accept that providing inaccurate or unreliable information or failing to update information promptly will mean a breach of this Agreement and be a basis for its cancellation. Furthermore, you acknowledge that failure to respond after fifteen (15) calendar days from the date of our inquiries concerning the accuracy of your contact details will mean a material breach of this Agreement and be a basis for its cancellation.

12. Domain Name Dispute Resolution Policy

12.1 A domain name dispute shall be resolved by the parties concerned. MakeDomain and Netpia.com Inc. shall not be involved in the dispute.

12.2 A domain name dispute shall be handled pursuant to the Uniform Domain Name Resolution Policy ('UDRP', http://www.icann.org/udrp/udrp.htm) prescribed by ICANN. For .biz domain name, Restrictions Dispute Resolution Policy ('RDRP', http://www.neulevel.com/countdown/rdrp.html); for .info domain name, Sunrise Dispute Resolution Policy ('SDRP', http://www.afilias.info/faq/sunrise-challenge.html); and for .name domain name, Eligibility Requirements Dispute Resolution Policy ('ERDRP', http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm) shall be applied in addition to UDRP. These policies constitute some part of the Terms and Conditions.

12.3 Where a Registrant has an objection to the ruling on a dispute pertaining to a registered domain, the Registrant may raise an objection before a competent court, designated by the applicant for domain dispute mediation, and located either in the Registrant¡¯s place of residence or the seat of a Registrar, in accordance with dispute resolution policies in Paragraph 2,.

12.4 ICANN, the Registry and MakeDomain may change domain name dispute resolution policies at any time. If a Registrant has registered and maintained a domain name after domain name resolution policies were changed, the Registrant shall be deemed to agree to the changes. If a Registrant does not agree to the changed policies, the Registrant may cancel the registration, but the registration fees shall not be refunded.

12.5 A Registrant shall protect ICANN, MakeDomain and the Registry (including related directors, executives, employees and agents) from all sorts of expenses including reasonable legal costs, lawsuits, claims, damage or liability, in connection with the use of a domain name or a related dispute.

12.6 Where MakeDomain receives an official notice from any legal or administrative organ that a dispute has arisen concerning a domain name registered through MakeDomain or a dispute is deemed as having arisen even though official procedures have not been commenced, the related Registrant shall not change registration information without the approval from MakeDomain. MakeDomain shall allow the Registrant to change registration information, provided that the legal or administrative organ grants such permission; or MakeDomain receives a notice that the related dispute has been resolved. Where there is an order from a court, regardless of whether the court is under the jurisdiction of the Republic of Korea or other states, MakeDomain shall follow the order. However, where the order from the court of the Republic of Korea conflicts with that from the court of other state, the former takes precedence of the latter and the Registrant despite its recourse to the court of the other state, hereby waives the enforcement of the order from the court of the other state and shall hold that MakeDomain and or Netpia.com Inc. shall only abide by the Korean court order.

13. Use of Agent and Grant of the Right of Use

13.1 Even when a Registrant uses an agent such as an internet service provider, advertising agent, employee of the Registrant, etc to apply for domain name registration, the Registrant shall be subject to these Terms and Conditions, and dispute resolution policies.

13.2 Even when a Registrant allows a third party to use the Registrant¡¯s domain name of or grants a third party the right of use, the Registrant shall retain the legal personality as the Registrant and such shall not be changed in favor of the third party user; and the Registrant shall assume the obligations and responsibilities concerning the domain name such as the obligation to pay the registration fee and responsibility to provide and update contact information for the prompt resolution of all the problems raised, in connection with the registration and use of the domain name.

14. Registration, Rejection, Cancellation, Suspension of the Domain Name

14.1 MAKEDOMAIN and Netpia, for their stability and integrity, when deemed necessary to follow the positive law, government order, demand, compulsory execution, pursuant to dispute resolution policies, etc, shall have the right to reject a registration application, or cancel the registration of, or transfer a registered domain name, where deemed necessary to avoid civil and criminal liability that may have to be assumed by MakeDomain, the Registry, related affiliates, subsidiaries, executives, directors or employees. In this case, the registration fee shall not be refunded.

14.2 Further, you acknowledge that:

14.2.1 if you willfully provide inaccurate or unreliable information or willfully fail to update information right on time; and

14.2.2 if you fail to follow the policies of use established by the ICANN and the Registry Operator, this will constitute a material breach of this agreement and that it will entitle us to initiate the cancellation of your registration. You understand and accept that your domain name registration may be cancelled, suspended or transferred pursuant to any ICANN adopted specification or policy or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification.

14.3 A Registrant shall guarantee that the Registrant will not directly or indirectly violate the legal rights of a third party by registering and using a domain name. Where a Registrant breaches this warranty, MakeDomain can cancel the related domain registration and transfer the domain name.

15. Restriction of Use of Our Service

If a Registrant uses MakeDomain's service in the following ways, the Registrant¡¯s use of our service may be restricted:

15.1 Where it is deemed that a Registrant¡¯s domain name registration in the sole judgment of Make Domain and/or Netpia.com Inc. overwhelms the system, or cause a problem to the domain name registration system of MAKEDOMAIN or Netpia.com Inc. in other ways;

15.2 Where a Registrant uses a domain name in connection with sending spam mails or other illegal activities;

15.3 Where a third party, that does not have the lawful right to a domain name, requests for the change in registration information;

15.4 Where it is deemed in the sole judgment of MAKEDOMAIN and/or Netpia.com Inc. that a Registrant conducts other illegal or abnormal activities using a domain name.

16. Responsibilities and Warranties of the Registrant

16.1 The Registrant warrants that all the data that they have provided to MakeDomain is true, complete, accurate, and current.

16.2 The Registrant warrants that any email address submitted by the Registrant, for the purposes of communicating with MakeDomain, is operational and owned or used solely by the Registrant.

16.3 The Registrant warrants that the Application was made honestly and in good faith. Furthermore, Registrant also warrants that the domain name it registered with MakeDomain shall not be used illegally or in bad faith.

16.4 The Registrant warrants that the registered domain name is not contrary to or offends public interests or morality (ex: is not obscene or offensive) and that it does not infringe on the rights of any third party and/or any relevant laws.

16.5 The Registrant explicitly agrees that it shall abide by this Registrant Agreement and any and all applicable rules, regulations or policies provided by MakeDomain; and

16.6 Registrant shall keep confidential, safe and secure the unique authentication ID of their domain name and any other security information given during and after completion of the registration process.

17. Limitation of Liability

17.1 You shall agree that MakeDomain and Netpia.com Inc. are not liable for loss of any kind, which may arise due to the following which a Registrant or a third party may suffer:

17.1.1 Any loss of registration of a domain name for whatever reason not due to our negligence or willful misconduct;

17.1.2 Loss of domain registration related information;

17.1.3 Use of a domain by a Registrant;

17.1.4 Delay or interruption in connection to the registration system of Make Domain;

17.1.5 Data transfer failure or error between a Registrant and MakeDomain;

17.1.6 Any matter except those within the reasonable jurisdiction of MakeDomain and Netpia.com Inc.;

17.1.7 Problems in the application procedure;

17.1.8 Problems in the process of changing all the record relating to a Registrant¡¯s domain;

17.1.9 All the service fees unpaid by a Registrant or the Registrant¡¯s agent;

17.1.10 Problems in the management of the Whois D/B;

17.1.11 Access delays, system errors or failures or interruptions to our registration system;

17.1.12 Non-delivery or misdelivery of data between you and us;

17.1.13 Events beyond our reasonable control including but not limited to electrical outages, failure of Internet service providers, default due to Internet disruption (including without limitation denial of service attacks), riots, insurrection, acts of terrorism, war (or similar), fires, flood, earthquakes, explosions, and other acts of God.

17.1.14 Events produced pursuant to the instructions received from the Registry Operator or ICANN;
17.1.15 The application of the Dispute Policy including UDRP, STOP, RDRP, SDRP and ERDRP.

In no event shall our liability arising out of this Agreement, the claim of any third party, or the termination of this Agreement, exceed the amounts effectively paid by you to us pursuant to this Agreement. In no event shall we have any liability for any indirect, incidental, special, exemplary or consequential damages for any violation of this Agreement, however caused and on any theory of liability, including but not limited to loss of anticipated profits, even if it has been advised of the possibility of such damages.

17.2 "You acknowledge that we are not part of any terms or condition that [insert Registrant name] may establish in connection with the resale, assignment, or lease and payment for domain names. In this sense, we will not be responsible for any action or omission related to such resale, assignment, or lease or collection for payment that [insert Registrant name] may take relating to such transactions.

18. Indemnity

You guarantee that to the best of your knowledge neither the registration of the domain name or the manner in which it is directly or indirectly used violates the legal rights of any third party. You shall indemnify and hold harmless the Registry Operator, Netpia.com Inc., MakeDomain, Netpia.com Inc. and MakeDomain executives, consultants, and staff; for any loss, liabilities, damages, costs or expenses, including reasonable attorneys' fees, resulting from any third party claim, action, or demand against your violation of rights, or registration and subsequent use of your domain name. This indemnification goes over any indemnification required under the UDRP or any similar policy.

19. Guaranty

MakeDomain shall not provide presentment or guaranty of any kind in connection with domain name registration application. MakeDomain and Netpia.com Inc. shall not guarantee the actual use by Registrant of the domain name the Registrant applied for, or that Registrant will complete registration of the domain name.

20. Partial Invalidity, Amendment of the Terms and Conditions

Even in the case some provisions of the Terms and Conditions are deemed invalid, or are amended pursuant to laws and regulations or a legal organ¡¯s decision, the corresponding provisions shall be interpreted, in accordance with the laws and regulations which reflect the intention of MakeDomain most proximately, and all the provisions of the Terms and Conditions.

21. Essential Basis; Exclusions and Limitations

The Registrant acknowledges and agrees that the disclaimers, exclusions and limitations of liability set forth in these Terms and Conditions form an essential basis of this Agreement, and that, absent any of such disclaimers, exclusions or limitations of liability, the terms of this Agreement, including, without limitation, the economic terms, would be substantially different.

22. Applicable Law & Jurisdiction

22.1 This Agreement shall be governed by the laws of South Korea.

22.2 Any claim, dispute or other matter in question not with respect to or not arising under the Terms and Conditions of this Agreement or the breach thereof shall be decided by either the Courts of your home country, as indicated in our Whois database at the time of submission of the claim, or the courts of our registered headquarters in accordance with the UDRP.

22.3 Except for domain name disputes which arose between a Registrant and a third party in connection with domain name registration and use, any claim, dispute or other matter with respect to or arising under the Terms and Conditions of this Agreement and only between a Registrant and MakeDomain and Netpia.com Inc., shall be governed by the South Korean court, which has jurisdiction over the both of the seats of MakeDomain and Netpia.com Inc.

23. Survival and Severability

Any obligation which expressly or by their nature are to continue after termination, cancellation, or expiration of these Terms and Conditions shall survive and remain in effect after such happening. Each party acknowledges that the provisions of this Agreement reflect an informed, voluntary allocation of all the risks (both known and unknown) associated with the transactions contemplated hereunder. All provisions are inserted conditionally on their being valid in law. In the event that any provision of these Terms and Conditions conflicts with the law under which these Terms of Service is to be construed or if any such provision is held invalid or unenforceable by the court that has jurisdiction over the seat of MAKEDOMAIN or Netpia.com Inc., then (i) such provision will be restated to reflect as nearly as possible the original intentions of this Agreement in accordance with Korean law; and (ii) the remaining terms, provisions, covenants, and restrictions of this Agreement will remain in full force and effect.

24. Remedies and Waiver

Except as otherwise specified, the rights and remedies granted to a party under these Terms and Conditions are cumulative and in addition to, not in lieu of, any other rights and remedies which the party may possess at law or in equity. Failure of either party to require strict performance by the other party of any provision shall not affect the first party's right to require strict performance thereafter. Waiver by either party of a breach of any provision shall not waive either the provision itself or any subsequent breach.

25. Entire Agreement

This Agreement contains our entire agreement. There are no other promises or conditions in any other agreement whether oral or written, unless otherwise stated in our website.