REGISTRATION AGREEMENT

By applying to register one or more .mn domain names (the “.mn Domain name(s)”) with an accredited registrar in the .mn ccTLD (hereinafter referred to as an “Application”) or by using one or more .mn Domain name(s), the Registrant acknowledges that it has read and agrees to be bound by all terms and conditions of this Agreement as well as the following documents, policies, and agreements which are incorporated into this Agreement by this reference and which shall hereinafter (together with this Agreement) be referred to as the “Datacom Policies”:

• the .mn Registration Policies
• the Datacom Acceptable Use Policy (“AUP”)
  
• the .mn Privacy Policy
  
• the WIPO Complaint and Dispute Resolution Service rules and policies
  
• other Datacom rules or policies that are now, or may in the future, be published by Datacom at http://www.domain.mn.
  

The Datacom Policies apply to all domains and sub-level domains which end in the suffix .mn and explain the rights and obligations between Datacom and the Registrant. Those parts of the Datacom Policies which are not part of the text of this Agreement are incorporated into this Agreement by this reference. Datacom may accept the Application by facilitating registration and resolution of the .mn Domain names(s); such acceptance shall be deemed to have occurred at the Datacom and it’s Registrar, Reseller’s principal place of business.

Datacom may modify the Datacom Policies from time to time. Datacom shall post (publish on or link to) the Datacom Policies on Datacom’s web site http://www.domain.mn. Revised Datacom Policies become effective after posting. The Registrant's use of .mn Domain name(s) following the effective date constitutes the Registrant’s acceptance of the revised Datacom Policies. In the event that the Registrant does not wish to be bound by the revised Datacom Policies, the Registrant’s sole remedy is to cancel the registration of the .mn Domain name(s), following the appropriate Datacom Policies regarding such cancellation.

Registration Fee. The Registrant shall pay to an accredited registrar the appropriate registration fee (“Registration Fee”) applicable at the time the Registrant submits its Application to such accredited registrar. Payment of Registration Fees shall be made in accordance with the requirements of the accredited registrars and Datacom Policies are effective at the time the Registrant submits such payment. All Registration Fees paid pursuant to this Agreement are non-refundable except as provided for herein. It shall be the responsibility of the accredited registrar to pay a separate registration fee owed to the Datacom by such registrar and no Application will be accepted until such separate registration fee is paid. It shall not be the duty of the Datacom to refund any Registration Fee or other fee to the Registrant. (hasah- in the event of non-performance by such registrar, since the disposition of such Registration Fee is being a matter of performance of a contract between the Registrant and such registrar.)

Term and Renewal Term. The Registrant's exclusive registration of the .mn Domain name shall continue for the term specified in an accepted Application (the “Term”). Registrant may have the right to renew a registration in accordance with the Datacom Policies in effect at the end of the Registrant’s then current Term.

Registrant Information. The Registrant shall ensure that: (i) the information submitted by or on behalf of the Registrant to the .mn ccTLD registry in connection with registration of the .mn Domain name(s) or otherwise ("Registrant Information") will during the Term comply with the Datacom Policies and is and will remain true, current, complete, accurate, and reliable; and (ii) the Registrant shall maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable by notifying Datacom immediately of a change to any such information in accordance with the appropriate Datacom Policy relating to modifications to the Registrant Information. Datacom reserves and may exercise the right to terminate the Registrant’s registration of the .mn Domain name if (i) information provided by the Registrant to Datacom is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) the Registrant fails to maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable. The Registrant acknowledges that a breach of this Section 4 will constitute a material breach of this Agreement which will entitle Datacom to terminate this Agreement immediately upon such breach without any refund of the Registration Fee and without notice to Registrant.

Agents. The Registrant understands, acknowledges and agrees that by using the .mn Domain name, the Registrant ratifies and is bound by this Agreement (including the Datacom Policies incorporated into this Agreement) even if an agent (such as an Internet Service Provider, Domain name retailer, or employee) entered into this Agreement on the Registrant’s behalf, and even if the Registrant has not itself read this Agreement. Further, the Registrant is responsible for all information submitted by its agent. Datacom will not cancel this Agreement, or refund any fees, because of any errors or omissions by the agent in the registration process or thereafter (e.g. if such agent provides incorrect Registrant Information), as such apparent authority will suffice to bind the Registrant. By acting on the Registrant’s behalf, such agent represents and warrants to the Registrant and Datacom that the agent is authorised to bind the Registrant hereto and that it has fully and thoroughly advised the Registrant of the terms and conditions of this Agreement (including the Datacom Policies incorporated into this Agreement).

Scope of Registration. On payment of the Registration Fee to the registrar and after payment by the registrar to the Datacom of the separate registration fee and after acceptance of the Application, the Registrant will be entitled to (a licence for the exclusive hasah) use of the domain name resolution services relating to the .mn Domain name for the Term. However, the Registrant shall not use, display, exploit, or register a .mn Domain name in any manner which may constitute illegal activity or be in contravention or violation of Datacom Policies. The Registrant acknowledges that a breach of this Section 6 will constitute a material breach of this Agreement which will entitle Datacom to terminate this Agreement immediately upon such breach without any refund of the Registration Fee. (hasah The Datacom or an accredited registrar may, in such party’s sole discretion, refuse registration of or discontinue to provide services with respect to the Registrant's desired .mn Domain name within thirty (30) calendar days from receipt of payment of the Registration Fee by the accredited registrar. In case of such refusal without cause (“cause” being defined as dishonouring any payment made to an accredited registrar and/or Datacom or any violation of the Datacom Policies), Datacom shall refund to the accredited registrar the separate registration fee received by the Datacom and the registrar shall refund to the Registrant the Registration Fee. Neither Datacom nor an accredited registrar shall be liable for any loss, damage, or other injury whatsoever resulting from Datacom or registrar’s refusal to register or to discontinue services in relation to the Registrant’s desired .mn Domain name)

Registrant Representations and Warranties. The Registrant represents, warrants, and guarantees that:

Datacom Representations and Warranties. Datacom represents, warrants, and guarantees that:

(i) Datacom manages the .mn top level domain name;

(ii) Datacom has the full right, power, legal capacity, ability, and authority to enter into this Agreement, and to carry out the terms and conditions hereof notwithstanding the disclaimer below;

(iii) Datacom will process the Registrant’s Application and consider whether to accept or reject it in accordance with the criteria laid down in this Agreement (including the Datacom Policies);

(iv) Datacom will, if the Application is successful, use its reasonable endeavours to ensure that the details supplied by the Registrant are entered into and maintained in the .mn zone file; and

Datacom’s breach or misrepresentation of these warranties shall constitute a material breach of this Agreement. In the event of such material breach by Datacom, the Registrant's only recourse against Datacom shall be to terminate its Agreement with Datacom DATACOM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE MAXIMUM EXTENT POSSIBLE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND AGAINST INFRINGEMENT. Datacom DOES NOT GUARANTEE ANY INFORMATION PROVIDED TO THE REGISTRANT BY IT OR ITS AGENTS NOT INCORPORATED INTO THIS AGREEMENT AND, ACCORDINGLY, NO SUCH INFORMATION CREATES ANY EXPRESS OR IMPLIED WARRANTY. DATACOM’S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE REGISTRANT AGREES THAT DATACOM WILL REGISTER DOMAIN NAMES ON A FIRST PAID (COME orond), FIRST SERVED BASIS. DATACOM DOES NOT GUARANTEE THAT ANY DOMAIN APPLIED FOR BY THE REGISTRANT WILL BE AVAILABLE OR WILL BE SUCCESSFULLY REGISTERED OR ALREADY SUCCESSFULLY REGISTERED, AND THE REGISTRANT AGREES THAT IT DOES NOT HAVE ANY RIGHT OF OWNERSHIP IN A REGISTERED DOMAIN.

Breach. Failure of a Registrant to abide by any provision of this Agreement (including the Datacom Policies) may be considered a material breach. In the event of such material breach, Datacom may provide a written (including email) notice to the Registrant describing the breach. The Registrant in such event then has thirty (30) days to rectify or cure such breach or to provide evidence reasonably satisfactory to Datacom that there is no breach of this Agreement or Datacom Policies. In the event of a breach that is not rectified, cured or refuted by the Registrant to Datacom Co. Ltd.’s satisfaction, Datacom may cancel the Registrant’s registration of and licence to use the .mn Domain name without refund and without further notice, and pursue any and all legal remedies it may have against the Registrant. Any such breach by the Registrant shall not be deemed excused in the event that Datacom did not act earlier in response to the breach by Registrant. In the event of a breach which, in the opinion of the Datacom or an accredited registrar, causes immediate harm to the public interest or the Datacom Network or which violates any applicable law or regulation, then an accredited registrar and/or the Datacom may modify, suspend, or terminate services to the Registrant without written notice, the modification, suspension, or termination of services constituting notice to Registrant that such a breach has occurred. See Section 12, below for important limitations on the liability of Datacom and accredited registrars with regard to good faith acts by such parties under this Section.

Disputes Involving Registrants. The Registrant acknowledges that Datacom cannot, and does not, screen or otherwise review any Application to verify that the Registrant has legal rights to use a particular character string as or in a .mn Domain name. In the event that any party disputes the Registrant's legal right to use, display, exploit, or register the .mn Domain name in any fashion, including allegations that prohibited material (as defined in the Datacom Acceptable Use Policy) is displayed on or linked to from a website which is resolved via a .mn Domain name, Datacom and the Registrant shall act in accordance with and agree to be bound by Datacom Co. Ltd.’s Complaint Resolution Policy and Service. The Registrant is strongly encouraged to, prior to applying for registration of the .mn Domain name, perform a trademark search with respect to the acronyms, words and/or phrases comprising the .mn Domain name. The Registrant will be solely liable in the event that the Registrant’s use of a .mn Domain name constitutes an infringement or other violation of a third party’s rights.

Indemnity. The Registrant shall defend, indemnify, and hold harmless Datacom Co. Ltd., the registry operator, accredited registrars and such parties’ officers, directors, shareholders, owners, managers, employees, agents, contractors, affiliates, lawyers and attorneys ("Datacom Related Parties") from and against any and all claims of third parties or made by the Registrant, including, but not limited to all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable lawyers or attorneys' fees (which lawyers or attorneys shall be hired at the sole discretion of the indemnified party) and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Agreement, the registration or use of the indemnified party’s domain registration or other services, or to the .mn Domain name itself, including the Registrant's use, display, exploitation, or registration of the .mn Domain name, as well as for any infringing or otherwise damaging content displayed or otherwise made available on or by means of the .mn Domain name. If an indemnified party is threatened by claims or suit of a third party, the indemnified party may seek written assurances from the Registrant concerning the Registrant’s indemnification obligations. Failure to provide such written assurances is a material breach of this Agreement. Failure of the Registrant to fully indemnify the indemnified party in a timely manner may result in termination, suspension, or modification of the domain name registration services and any such termination, suspension, or modification shall in no way prejudice or substitute for an indemnified party’s right to seek indemnification by way of litigation or otherwise.

DISCLAIMER AND LIMITATION OF LIABILITY. The Registrant acknowledges and agrees that, to the maximum extent possible, DATACOM AND A DATACOM RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER WAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, DATACOM AND A DATACOM RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR SERVICES RELATED TO THE DOMAIN NAME.

IN THE EVENT THAT DATACOM OR A DATACOM RELATED PARTY TAKES ACTION WITH RESPECT TO A .MN DOMAIN NAME PURSUANT TO SECTION 9, WHICH ACTION IS REVERSED, MODIFIED, OR ACKNOWLEDGED TO HAVE BEEN INCORRECT BY DATACOM CO. LTD., A DATACOM RELATED PARTY, BY OR THROUGH THE DATACOM COMPLAINT RESOLUTION SERVICE, OR BY A COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY, THAT DATACOM AND DATACOM RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER THEREBY, EVEN IF A DATACOM OR DATACOM RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF DATACOM OR DATACOM RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT.

IN ADDITION, DATACOM AND A DATACOM RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE .MN TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF DATACOM OR DATACOM RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF DATACOM OR DATACOM RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR DATACOM OR DATACOM RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF DATACOM OR DATACOM RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO DATACOM OR DATACOM CO LTD. RELATED PARTIES BY THE REGISTRANT.

Notices. Notices to Datacom shall be delivered by registered or certified mail, postage prepaid, or reputable commercial courier service (e.g., Express Mail or Federal Express) in the manner of quickest delivery (i.e., overnight delivery, if possible) to:

Governing Law / Forum Selection. For all disputes in which the Datacom may be or is a party to the dispute, this registration agreement shall be exclusively governed by the laws of Mongolia applicable to contracts made and performed in Mongolia, without regard to conflict of laws principles. The Registrant hereby consents to the exclusive personal jurisdiction of the courts of Mongolia, for any and all claims or disputes directed against the Datacom and which arise out of, purport to enforce, construe, or otherwise relate to the .mn Domain name, this Agreement, or Datacom Policies. The exclusive venue for such action shall be the Courts of Mongolia. The Registrant waives any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and the Registrant waives any statutory or other right pursuant to the laws of the jurisdiction in which Registrant resides to have a case relating to this Agreement adjudicated or resolved in that jurisdiction. By way of information and not as a term binding against the Datacom Co. Ltd., disputes not involving the Datacom as a party may be governed by a governing law and/or forum selection clause contained in a separate agreement, if any, between the Registrant and such other disputant (for example, disputes between and accredited registrar and a Registrant may be governed by a separate agreement, if any, between the Registrant and the accredited registrar); provided, however, that no such separate agreement may modify or waive either Datacom Co. Ltd.’s or Registrant’s consent to exclusive choice of law, jurisdiction, and venue in Mongolia and the courts of Mongolia for disputes in which the Datacom is or may be a party, as described above.

OWNERSHIP OF INFORMATION AND DATA. Registrant agrees and acknowledges that Datacom and/or any Datacom delegee shall own all database, compilation, collective and similar rights, title and interests worldwide in any domain name database(s), and all information and derivative works generated from the domain name database(s) and that such domain name database may include, without limitation, (a) the original creation date of domain name registration(s), (b) the expiration date of domain name registration(s), (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of all contacts for domain name registration(s), (d) any remarks concerning registered domain name(s) that appear or should appear in the WHOIS or similar information repositories, and (e) any other information generated or obtained in connection with providing domain name registration services. Datacom and/or any Datacom delegee shall not have any ownership interest in a single Registrant’s specific Registration Information outside of Datacom and/or any Datacom delegee’s rights in one or more domain name database(s).

Severability. If any provision of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall not be affected thereby and shall continue in full force and effect as nearly as possible to reflect the original intention of Datacom and the Registrant in executing this Agreement.

No Waiver. The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party.

Full Integration. This Agreement, together with the Datacom Policies expressly incorporated herein by reference, constitutes the entire agreement between the Registrant and Datacom relating to the .mn Domain name. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this Agreement, and this Agreement supersedes all prior written, oral, or electronic agreements between the Registrant and Datacom relating to the .mn Domain name. Additional agreements, if any, may be entered into between the Registrant and accredited registrars relating to domain name services in the .mn TLD provided by such accredited registrars, provided that no such additional agreement may waive, alter, or supersede any provision of this Agreement nor may such an additional agreement impose any obligation upon Datacom without Datacom Co. Ltd.’s express written consent. If there is any conflict between such additional agreements and this Agreement, this Agreement shall control.

Written Agreement. This Agreement constitutes a written agreement between Registrant and Datacom even though the Registrant's Application may be dispatched electronically, and even though Datacom may accept the Application electronically. A printed version of this Agreement, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.

Assignment. The parties agree that Datacom is able to assign this Agreement to a third party without prior written notice to the Registrant.

Survival of Obligations. The parties agree that clauses 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 shall survive the expiry or termination of this Agreement.