Wild West Domains, Inc.
Domain Name Back Ordering and Monitoring Agreement

This Wild West Domains, Inc. Domain Name Back Ordering and Monitoring Agreement ("Agreement") is by and between Wild West Domains, Inc., an Arizona corporation ("Wild West Domains, Inc."), and you, your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Wild West Domains, Inc.’ Domain Name Back Ordering and Monitoring Services (the "Services") and represents the entire agreement between You and Wild West Domains, Inc.. By using the Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which Wild West Domains, Inc. may establish from time to time.

1. FEES. As consideration for the services purchased by You and provided to You by Wild West Domains, Inc., You agree to pay Wild West Domains, Inc. at the time You order the Services. Payment is to be made by You providing a valid credit card for charge by Wild West Domains, Inc. or via the Good As Gold program, and is non-refundable. When You purchase the Services, Wild West Domains, Inc. makes no guarantee about the level of success You will have in securing domain names You wish to back order and/or register and fees paid for the Services are not refundable. If you pay by credit cards and if for any reason Wild West Domains, Inc. is unable to charge your credit card with the full amount of the Service provided, or if Wild West Domains, Inc. is charged back for any fee it previously charged to the credit card You provided, You agree that Wild West Domains, Inc. may pursue all available remedies in order to obtain payment.

2. TERM OF AGREEMENT; MODIFICATIONS. The term of this agreement shall continue in full force and effect as long as You take advantage of and use the Services. In the event You terminate Your use of the Services, Wild West Domains, Inc. will not refund any amounts You have paid for the Services.

You agree that Wild West Domains, Inc. may modify this Agreement from time to time. Wild West Domains, Inc. may also discontinue the Services it provides under this Agreement. You agree to be bound by any changes Wild West Domains, Inc. may reasonably make to this Agreement when such changes are made.

3. YOUR USE OF THE SERVICES.
Wild West Domains, Inc. has no obligation to monitor Your use of the Services. Wild West Domains, Inc. reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. Wild West Domains, Inc. reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.

Wild West Domains, Inc. reserves the right at all times to disclose any information as Wild West Domains, Inc. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Wild West Domains' sole discretion.

By using the Services, You will be able to, among other things:

A. Back order any domain name under the top level domains .com and .net. A back order for a domain name will include the price of a one-year domain name registration. Should you successfully back order any domain name, you will be subject to the terms and conditions of the Wild West Domains, Inc. Domain Name Registration Agreement and related agreements, which are incorporated herein by this reference. Only one back order will be accepted by Wild West Domains, Inc. for each domain name.

B. Change your back order until you obtain a domain name. You will have the opportunity to change the credit to a different domain name until you successfully capture one.

C. Back order a domain name You already have registered. You may back order Your registered domain names as a precautionary measure to ensure You will not lose Your domain names accidentally should you fail to renew Your domain names upon their natural expiration.

D. Subscribe monthly to an expiring domain name list. You may also choose to purchase a subscription to a list of domain names that are expiring within the next five days. If you subscribe to the expiring domain name list, You agree that the credit card You have on file may be charged on a monthly subscription basis for the term of the Services You purchase, or that Your Good As Gold Account may be similarly reduced.

E. Select domain names off the expiring domain name list You would like to register. Each domain name You attempt to back order will include the price of a one-year domain name registration, as set forth in Section A above.

F. Monitor Your currently registered domain names for changes in registrar, status, expiration date or name servers at no additional cost.

G. Subscribe to Domain Alert Pro which enables You to monitor any currently registered domain name, regardless of registrar, for historical tracking of status changes and designation of multiple email notification addresses.

4. NO UNLAWFUL CONDUCT OR IMPROPER USE. As a condition of Your use of the Services, You agree not to use the Services for any purpose that is unlawful or prohibited by these terms and conditions.

Wild West Domains, Inc. explicitly reserves the right to terminate the Services if it comes to Wild West Domains, Inc.’ attention that You are using the Services for objectionable activities. Objectionable activities include, but are not limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way.

5. YOUR ACCOUNT SECURITY. When You register for the Services, You agree to complete the registration process by providing current, complete and accurate information. You are entirely responsible for maintaining the confidentiality of Your password and account information. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You agree to notify Wild West Domains, Inc. immediately of any unauthorized use of Your account or any other breach of security. Wild West Domains, Inc. will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Wild West Domains, Inc. or another party due to someone else using Your account or password.

6. YOUR PRIVACY AND USE OF YOUR PERSONAL INFORMATION. Please refer to the Privacy Policy for information regarding Your privacy and the collection and use of Your personal information.

7. DISPUTE RESOLUTION POLICY. All disputes between You and Wild West Domains, Inc., other than those involving Domain Name Disputes, shall be resolved through any court, arbitration, mediation or other proceeding that may be available. Disputes involving domain names shall be resolved in accordance with the Uniform Domain Name Dispute Resolution Policy.

8. LIMITATION OF LIABILITY. You agree that Wild West Domains' entire liability to You under this agreement, and Your only remedy, in connection with any Services provided by Wild West Domains, Inc. to You under this Agreement, and for any breach of this Agreement by Wild West Domains, Inc., shall be limited to the fees You paid to Wild West Domains, Inc. for the particular Services in contention.

9. INDEMNITY. You agree to release, defend, indemnify and hold harmless Wild West Domains, Inc. and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your use of the Services provided by Wild West Domains, Inc..

10. REPRESENTATIONS AND WARRANTIES. You warrant that all information provided by You as part of the application process is truthful, complete, current and accurate. You also warrant that each application You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. You also warrant that Your account with Wild West Domains, Inc. will not be used in connection with any illegal activity.

You agree that Wild West Domains, Inc. makes no representations or warranties of any kind in connection with this Agreement. Wild West Domains, Inc. expressly reserves the right to deny, cancel or suspend the Services if it deems such action necessary, in its discretion, to protect the integrity and stability of the Wild West Domains, Inc. systems, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Wild West Domains, Inc., as well as its affiliates, subsidiaries, officers, directors and employees. Wild West Domains, Inc. also reserves the right to freeze an account during resolution of a dispute.

In the unlikely event that performance under this Agreement becomes impossible for Wild West Domains, Inc., or should the .com and/or .net registries take steps to offer a substantially similar service to the Services offered hereunder, Wild West Domains, Inc. will refund any monthly subscription amounts paid hereunder and will be relieved of all duties to perform the Services described herein.

11. DISCLAIMER OF WARRANTIES. WILD WEST DOMAINS, INC. EXPRESSLY DISCLAIMS 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.

12. VENUE; WAIVER OF TRIAL BY JURY. This Agreement shall be deemed entered into in the state of Arizona. The laws and judicial decisions of Maricopa County, Arizona, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating from or arising out of this Agreement, shall be brought in the courts of Maricopa County, Arizona.

You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.

13. SEVERABILITY. You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.