Amendment No. 3 to Registry Agreement (.biz)

Amendment No. 3 to Registry Agreement (.biz)

(24 May 2006)

This Amendment No. 3 to Registry Agreement is entered as 24 May 2006 between NeuLevel, Inc. and ICANN.

WHEREAS, the parties have entered a Registry Agreement dated 11 May 2001 for the .BIZ Top-Level Domain, and now the parties want to amend the Registry Agreement in order to modify some of its provisions.

THEREFORE, in consideration of the mutual promises included below, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Registry Operator and ICANN hereby agree to amend the Registry Agreement as follows:

5.2. Procedure for Subsequent Agreement.

5.2.1. Registry Operator may, no later than thirteen months prior to the initial Expiration Date, submit a written proposal to ICANN for the extension of this Agreement for an additional term (the "Renewal Proposal"). The Renewal Proposal shall contain a detailed report of the Registry Operator's operation of the Registry TLD and include a description of any additional Registry Services, proposed improvements to Registry Services, or changes in price or other terms of service. ICANN shall provide an initial response to the Renewal Proposal within thirty days of receiving it and, during a period of at least one month after receiving the Renewal Proposal, ICANN shall consider the Renewal Proposal and meet with Registry Operator to discuss the Renewal Proposal, but the decision whether to accept the Renewal Proposal shall be in ICANN's sole discretion.

5.2.2. Only after the one month period described in Subsection 5.2.1 may ICANN call for competing proposals from potential successor registry operators for the Registry TLD. Registry Operator shall be eligible, to the same extent as similarly situated entities, to submit a proposal to such a call. To the extent that the Renewal Proposal demonstrates (i) substantial service in the interests of the Internet community, (ii) enhancement of competition for registration services, and (iii) enhancement of the utility of the DNS, such demonstration shall be among the specific factors considered in ICANN's evaluation of any competing proposals, but the choice from among competing proposals shall be in ICANN's sole discretion.

All other terms of the Agreement that are not modified by this Amendment shall remain in effect. Should there be any conflict between the terms of this Amendment and the terms of the Registry Agreement, the terms of this Amendment shall control.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized representatives.