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DomainCatch User Agreement ========================== DATE: 14/04/2009 PARTIES: (1) DENYS OSTASHKO (the “Service Provider”); and (2) Domain Catch user (the “User”). BACKGROUND: (A) The Service Provider is the developer and maintainer of the DomainCatch system, a know-how technology used to acquire deleting domain names. (B) The User wishes to lease access to the DomainCatch system and the Service Provider has agreed to manage the Users TAG including domain registrations for him on the terms of this Agreement. AGREEMENT: 1. Definitions and interpretation 1.1 In this Agreement: “Agreement” means this DomainCatch user agreement; “Confidential Information” means the terms of this Agreement; “Term” means the term of this Agreement 1.1 References to Clauses are (unless otherwise provided) references to the clauses of this Agreement. 1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it. 1.3 The ejusdem generis rule does not apply to the interpretation of this Agreement, and accordingly the interpretation of general words in this Agreement will not be restricted by words indicating a particular class or particular examples. 1.4 This agreement can be changed by Service Provider without notice to the User. 2. Term This Agreement will come into force on the date of The User application approval for the DomainCatch system and will continue in force unless terminated in accordance with the provisions of Clause 6. 3. Service Provider actions and obligations 3.1 The Service Provider will during the Term, at the Service Provider's own cost and expense maintain and manage DomainCatch system for the User and manage his domain registrations. 3.2 The Service Provider will not interfere with the User's Domain Registrar account and Registrar services without The User's permission unless Service Provider's actions are related to domain names acquired by the User via DomainCatch system. 4. User obligations 4.1 All domains caught by the Service Provider will within 7 days be posted for sale on DomainLore auctions platform located at http://domainlore.co.uk. 4.2 The User will pay to the Service Provider any and all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim that the User has broken any of the obligations under Clauses 4 and 5. 5. Service Charge and payments 5.1 Within 7 days following the domain sale, the User will pay to the Service Provider 50% of the final auction price for the domain name registered via DomainCatch system. 5.2 All amounts stated in or in relation to this Agreement are stated inclusive of VAT (unless the context requires otherwise). 5.3 If the User fails to pay any amount payable by it under this Agreement, the Service Provider will be entitled to charge the User interest on the overdue amount. 6. Termination 6.1 Either party shall be entitled to terminate this Agreement by giving to the other a written notice of termination. 6.2 Either party shall be entitled forthwith to terminate this Agreement by written notice to the other if that other party commits any continuing or material breach of any of the provisions of this Agreement and in the case of such a breach which is capable of remedy fails to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied. 6.3 The Service Provider shall be entitled forthwith to terminate this Agreement by written notice to the User in the event that the User fails to pay the Service Charge to the Service Provider on time and in full during the Term. 6.4 The Service Provider shall be entitled to terminate this Agreement if he decides that the User is not using DomainCatch system effectively and to a full potential or if the User is found to abuse the system, violate Nominet policies and AUP principles or if Service Provider does not like to continue providing the Service to the User for whatever reason. 6.5 On termination of this Agreement the User shall pay all outstanding Service Charges and payments and complete his obligations under Clause 4. 6.6 If User willingly fails to fulfill his obligations under Clause 4 and 6.5, the Service Provider will be entitled to pursue 100% ownership for all remaining domain names registered with DomainCatch system which were not sold under Clause 4.1. 7. Consequences of termination 7.1 On termination of this Agreement all provisions of this Agreement shall cease to have effect, except that Clauses 4, 5 and 6 shall survive termination.