Registration
Agreement (Version 5.9)
|
|
Last Modified : 19th August 2015 |
|
This Registration Agreement (“Agreement”) sets forth the terms and conditions which govern the registration of a domain name and the relationship between the Registrar and the Registrant (as hereinafter defined) in relation thereto.
Registrants are advised to read this Agreement carefully and take note of the contents thereto.
This Agreement is to be read together with the Registrar’s applicable rules, regulations, policies and procedures (“Registrar Policies”) which may be in force and which may be amended and supplemented by the Registrar from time to time.
By signing or checking the consent box at the end of this Agreement, the Registrant acknowledges that the Registrant has read, understood, accepted and agrees to be bound by all the terms and conditions of this Agreement and the applicable Registrar Policies as may be amended and supplemented by the Registrar from time to time.
|
|
TERMS AND CONDITIONS |
1. |
DEFINITIONS |
|
The following are the definitions of various terms used in this Registration Agreement: |
|
“ccTLDs” |
means a Country Code Top Level Domain in the top level of the global domain name system, assigned according to the two-tier codes in the ISO 3166 standard codes for the representation of names of countries or territories. |
“Dispute Policy” |
means the Uniform Dispute Resolution Policy as adopted by ICANN; |
“Fees” |
means all applicable fees and/or charges payable by the Registrant upon submission and/or in connection of the Registrant’s application to the Registrar or a Premier Partner, as the case may be, for the registration of a domain name |
“gTLDs” |
means Generic Top Level Domains; |
“ICANN” |
means the Internet Corporation for Assigned Names and Numbers and having its website at www.icann.org; |
“gTLDs” |
means Generic Top Level Domains as approved by ICANN; |
“Premier Partner” |
means resellers as assigned to it in Clause 17.1; |
“Registrant” |
means a person (individual or corporate entity) who intends to submit an application to register a domain name through the Registrar and/or a Premier Partner; |
“Registrar” |
means WEB COMMERCE COMMUNICATIONS (SINGAPORE) PTE. LTD., an ICANN accredited domain registrar |
“Registry and Domain Provider(s)” |
refers to an entity to operate and manage the respective gTLD and ccTLD offered by the Registrar; |
“Services” |
means the domain name registration services provided by the Registrar; and |
“WHOIS” |
means the directory service or database over the Internet used for searching information related to a particular domain that is required by ICANN to be compiled upon registration of a domain. |
“Services” |
means the domain name registration services provided by the Registrar; |
|
2. |
Application |
|
2.1 |
An application for the registration of domain names shall be made in the form and manner as may be prescribed by the Registrar from time to time (“Application Form”). A Registrant is required to fill up the Application Form and provide the necessary details and information required for the application. The Registrant acknowledges that the registration of domain names is strictly on a “first come, first served” basis. In applying for the registration of a domain name, the Registrant must comply with the terms and conditions relating to the domain name registration/Registrant information policy at domain name faqs. |
2.2 |
The Registrar in its sole discretion, shall reserve the right to approve or reject any application for any reason whatsoever with no consequential liability of Registrar whatsoever to the Registrant. |
|
3. |
Fees |
|
3.1 |
This Registration Agreement is subject to the Registrant paying to the Premier Partner the Fees, and the Premier Partner confirming to the Registrar that the Fees have been settled. In the event the Premier Partner absconds or is untraceable the Registrar may at its discretion take over the provision of the Services to the Registrant, subject to the Registrant or Premier Partner having paid the Registrar the Fees in full. |
3.2 |
The requested domain name will not be registered until the Fees are paid by the Registrant and cleared into the account of the Registrar or the Premier Partner, as the case may be. The Registrant acknowledges that any and all payments made to the Registrar or the Premier Partner as the case may in connection with the registration of a domain name are non-refundable. |
3.3 |
The Registrant agrees that in the event that payment is not made within the time stipulated by the Registrar, the Registrar shall be entitled to reject or refuse any application submitted by the Registrant and/or suspend, delete or release the requested domain name by the Registrant or carry out any such other action deemed appropriate by the Registrar. Any additional costs incurred by the Registrar in carrying out any such actions shall be borne by the Registrant. |
3.4 |
The Registrar and or a Premier Partner as the case may be shall be entitled to impose a late payment charge of 8% per annum calculated on daily rests, on any fees and/or charges due from the Registrant that remain unsettled for a period of fourteen (14) days from the date on which the said fee and/or charge became due and payable. |
3.4 |
The Registrar reserves the right to amend any fees and/or charges associated with the registration of a domain name, at any time and at its sole discretion. |
|
4. |
Information |
|
4.1 |
As part of the registration process of a domain name, the Registrant must provide the Registrar with the information set out in the compulsory fields of the Application Form prescribed by the Registrar from time to time (“Registrant Information”) and has the option to provide the information set out in the discretionary fields of the Application Form. In addition, where the Registrant uses any proxy or privacy services, the Registrant must provide to the Registrar all such information that is necessary and/or required by the Registrar, the Registries and ICANN for purposes of verification or validation of WHOIS data. |
4.2 |
The Registrant shall ensure that:
- the Registrant Information is true, accurate, complete, current and reliable; and
- the Registrant shall maintain, update and keep the Registrant Information true, accurate, complete, current and reliable at all times, whether before or after the approval of the application
|
4.3 |
The Registrar reserves the right to reject, refuse, cancel and/or delete any application if it is found that:
- the Registrant Information provided by the Registrant is false, inaccurate, incomplete, unreliable or misleading; or
- the Registrant fails to maintain, update, and keep the Registrant Information true, accurate, complete, current and reliable at all times; or
- the Registrant fails to respond satisfactorily to enquiries made by the Registrar concerning any of the Registrant Information submitted within fifteen (15) calendar days from the date of enquiry.
|
4.4 |
The Registrant acknowledges that a breach of this Clause 5 will constitute a material breach of this Registration Agreement and the Registrar shall be entitled to terminate this Registration Agreement and suspend, cancel or delete the Registrant’s domain name immediately upon such breach without notice to the Registrant -and having to refund any of the fees paid by the Registrant to the Registrar. |
4.5 |
The Registrant may access the data provided and rectify any incorrect data relating to the Registrant through the domain registration management tool provided by the Registrar. |
4.6 |
The Registrant warrants that in the event that in registering the domain name the Registrant provides information about or on behalf of a third party, the Registrant has the authority to provide such information relating to the said third party and has obtained the consent of the third party for the disclosure and use of that information as set forth in this Registration Agreement. |
|
5. |
Use And Disclosure of Registrant Information |
|
5.1 |
The Registrant concedes and acknowledges that the Registrar may make directly available to third parties, or publicly available, some or all of the Registrant Information for inspection (through the Registrar’s WHOIS service) or otherwise as required or permitted by applicable laws or policies. The Registrant hereby consents to any and/or all such disclosures and use of the Registrant Information provided by the registrant in connection with the registration of the domain name (including any update to such information) whether during the subsistence or after the term of this Registration Agreement. |
5.2 |
The Registrant specifically consents to the use of some or all of the Registrant Information provided by the Registrant in connection with the registration of the domain name (including any updates to such information), whether during the subsistence or after the term of this Registration Agreement to be transmitted or provided to:
- ICANN
- the relevant Registry and Domain Provider(s);
- any third parties or vendors as ICANN, the Registry and Domain Provider(s) or any other relevant body and/or applicable laws or policies may require or permit, including but not limited to for the purposes of inspection (through the Registrar’s WHOIS service); and
- any authorized agents of the Registrar including but not limited to the purposes of inserting in registers and data bases produced by the Registrar or its authorised agents.
|
5.3 |
The Registrant hereby irrevocably releases the Registrar from any claims and causes of action which may arise from any such disclosure or from the use of the Registrant Information. The Registrar shall not be liable to the Registrant or to any third party with respect to any loss, misuse, unauthorised access or disclosure or use, or alteration or destruction, of the Registrant Information. |
|
6. |
Term And Renewal and Redemption Period |
|
6.1 |
The term of this Registration Agreement shall commence effective upon the date that the Registrant enters into the Registration Agreement and shall continue to be in force for the duration of the Registrant’s domain name registration. |
6.2 |
The initial term of the domain name registration will be notified by the Registrar to the Registrant during the initial registration process (“Initial Term”). |
6.3 |
Upon expiry of the Initial Term, the Registrant may renew the term of registration to keep the right to use the domain name. |
6.4 |
The Registrant may submit its renewal request before the expiration of a term or within the period of the term of the registration (“Renewal Grace Period”), together with the relevant fees, where applicable, the details of which can be found here.
|
6.5 |
The registrant has the right to use the domain name but does not own the
domain name nor does the registrant have the right to own it.
|
6.6 |
- Expiry of domain names
-
Immediately after the expiration of the term of domain name registration and before deletion of the domain name in the applicable Registry and Domain Provider(s)’s database, the Registrant acknowledges that the Registrar may direct the domain name to name-servers and IP address(es) designated by the Registrar, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements. The Registrant acknowledges that the Registrar may either leave the Registrant’s WHOIS information intact or that the Registrar may change the contact information in the WHOIS output for the expired domain name so that the Registrant is no longer listed as the registrant of the expired domain name.
- Domain names are registered for a limited period of time. In the event that registrant fail to renew domain name in a timely fashion, registrant registration will expire. Registrant acknowledges and agree that registrant right and interest in a domain name ceases upon its expiration and that any expired domain name may be made available for registration by a third party.
- Reactivation of domain names
-
Upon the expiry of the term of the domain name registration, the Registrant acknowledges that the Registrar may provide a procedure by which expired domain name registration services may be reactivated. The Registrant acknowledges and agrees that the Registrar may, but is not obligated to offer this process, called the “reactivation period”. The Registrant acknowledges that it shall assume all risks and all consequences if the Registrant waits until or after the expiration of the Initial Term to attempt to renew the registration of the domain name. The Registrant further acknowledges that the Registrar, for any reason and in its sole discretion, may choose not to offer a reactivation period and that the Registrar shall not be liable therein. The Registrant acknowledges that utilization of the reactivation process, if any, may involve additional fees. The Registrant acknowledges and agrees that the Registrar may make available the expired domain name(s) to third parties, and may auction off the rights to expired domain name(s) (the auction beginning close to the end or after the end of the reactivation period), and/or the expired domain name(s) may be re-registered by any party at any time.
- After the re-activation period, the Registrant agrees that the Registrar may either (A) discontinue the domain name registration services at any time thereafter; (B) continue to provide for the registration services and re-activate the domain name; or (C) if the domain name is auctioned off to a third party, the Registrar may transfer the domain name to such third party.
|
6.7 |
Redemption Period:
- This provision applies to the deletion of a domain name, whether within or outside of any applicable grace period.
- Any deletion of a domain name will result in a deleted name redemption grace period (“Redemption Period”), the details of which can be found here. This grace period will allow the Registrant, the Registrar, and/or the Registry and Domain Provider(s) to detect and correct any mistaken deletion.
- During the Redemption Period, the deleted domain name will be placed on a “Redemption Period” status which effectively means that the name will be removed from the zone and the domain name will stop working and would appear offline.
- The Registrant can redeem its domain name during the Redemption Period, subject to payment of the relevant redemption fees. A party requesting for redemption is required to provide sufficient identification as may be directed by the Registrar for verification purposes.
- In the event the Registrant fails to redeem the domain name upon expiry of the Redemption Period, the Registry and Domain Provider(s), on the instructions of the Registrar, shall be entitled to delete the domain name and/or transfer the domain name to a third party.
- The domain name may be listed for sales during the Redemption Period. If the domain name is sold to a third party and it will not remain available for restoration by the Registrant(s) after the Redemption Period. If the Registrant(s) do not restore the domain name during the grace period, the ownership of the domain name will be transferred to a third party.
|
|
7. |
Transfer and Redirection of Domain Names |
|
7.1 |
The Registrant may transfer its domain name during or before the Renewal Grace Period subject to the Registrar’s Domain Name Transfer Policy published at www.webnic.cc, as may be amended and supplemented by the Registrar from time to time. |
7.2 |
During the registration, renewal or transfer process, name servers may be requested by the Registrar while the domain name is being registered, renewed or transferred. If a name server is not provided by the Registrant during the registration process, the domain name will be redirected to a page displaying the “Under Construction” sign; and at the expiry of the Initial Term and prior to renewal, the domain name will be redirected to a page displaying the “Domain Expired” sign (“Parked Domain”). The redirection page(s) may contain advertisements and the Registrant acknowledges that the Registrar is not responsible and shall not be held accountable for any such advertisement(s). |
7.3 |
By entering into this Registration Agreement, the Registrant agrees that the Registrar is entitled to redirect the domain name to a Parked Domain and its associated contents in these situations, at no cost to the Registrant. |
|
8. |
Representations and Warranties |
|
8.1 |
The Registrant represents and warrants that at the time of application and at all times thereafter:
- the Registrant has the power authority and capacity to enter into this Registration Agreement and all other documents instruments contemplated by this Registration Agreement and to carry out its obligations under this Registration Agreement and such other documents or instruments
- the requested domain name does not directly or indirectly infringe or otherwise violate any registered or unregistered trademark, copyright, or any other intellectual property rights or any other rights of any person;
- the use of the domain name shall be for legal and lawful purposes and in accordance with the terms and conditions of this Registration Agreement;
- the Registrant Information and any other information submitted and/or provided is complete, true and accurate and the Registrant will keep the Registrant Information updated at all times; and
- the domain name applied for is valid and is in compliance with all relevant applicable laws.
|
8.2 |
The Registrar represents and warrants that:
- it has been appointed, authorised and/or accredited by the respective Registry and Domain Provider(s) to provide the Services; and
- it has the authority and legal capacity to enter into this Registration Agreement.
|
8.3 |
The Registrar expressly disclaims all other warranties of any kind or nature, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and against infringement. The Registrar does not guarantee any information provided to the Registrant by it or its agents not incorporated into this Registration Agreement, and accordingly, no such information creates any express or implied warranty. The Registrar’s services are provided on an “as is” and “as available” basis.
|
|
9. |
Use of Domain Name |
|
9.1 |
The Registrant’s use of the domain name shall be in compliance with any applicable laws, and the Registrar’s Policies. |
9.2 |
Upon the effective date of registration, the Registrant shall be entitled to exclusive use of the domain name registered in the Registrant’s name. |
9.3 |
The Registrant agrees and undertakes that it will not use, display, exploit or use the domain name which is illegal or is in convention with or is in violation of any applicable laws or Registrar’s Policies. |
9.3 |
The Registrant shall not engage the Domain Name for the following abusive and illegal activities:
- Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request for such material (i.e. spam). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have expressly requested for it.
- Harassment, whether through language, frequency, or size of messages.
- Creating or forwarding "make-money fast" type messages, "chain letters" or "pyramid schemes" of any type, whether or not the recipient wishes to receive such messages.
- Malicious e-mail, including, but not limited to, flooding a user or site with very large or numerous pieces of e-mail.
- Unauthorized use, or forging of mail header information (i.e., spoofing).
- Phishing
- Infringing any known brands, marks and copyrights
- Featuring pharmaceutical products and/or drugs that infringe any rights and policies of the relevant authorities
|
9.4 |
In the event the Registrant becomes, or is aware and/or receives any report of information of abuse or illegal activity on its domain name, the Registrant must take necessary and appropriate actions in response to immediately stop the abuse or illegal activity and report the same to the Registrar. For purposes of this the Registrant shall develop and implement appropriate processes and procedures for tracking, receiving and handling such abuse or illegal activity.
|
9.5 |
The Registrant acknowledges that a breach of this Clause 10 will constitute a material breach of this Registration Agreement and the Registrar shall be entitled to terminate this Registration Agreement and suspend, cancel or delete the Registrant’s domain name immediately upon such breach without notice to the Registrant or having to refund any of the fees paid by the Registrant to the Registrar. |
|
10. |
Policies |
|
10.1 |
WEBCC Registrant agrees to be bound by the following policies in relation to the Services:
- ICANN policies
The Registrant must comply with all applicable ICANN standards, policies, procedures and practices as may be established and/or updated from time to time by ICANN which can be found at www.icann.org;
- Registry and Domain Provider (s) policies
The Registrant must comply with all applicable standards, policies, procedures and practices as may be established and/or updated from time to time by the Registry and Domain Provider(s) which include but are not limited to the terms found at the following links:
- .ASIA at http://www.dotasia.org/policies.html
- .AU at http://www.auda.org.au/policies/current-policies/
- .BIZ at http://www.neulevel.com
- .BD at http://whois.btcl.net.bd/registration.html
- .CC at http://www.verisign.com
- .CD at http://www.nic.cd/policies.php
- .CH at
https://www.nic.ch/reg/cm/wcm-resource/download/terms/SWITCH_AGB_en.pdf
- .CM at http://www.netcom.cm/files/Netcom_Registration_Agreement.pdf
- .CN, .公司, .网? at http://cnnic.cn/jczyfw/CNym/cnzcfg/
- .CO at http://www.go.co/company/domain-management/registration-policies
- .COCCA at "https://cocca.org.nz
- .COM at http://www.verisign.com
- .DE at
http://www.denic.de,
http://www.denic.de/fileadmin/public/documents/DENIC-Domainrichtlinien_EN.pdf
- .EU at http://www.eurid.eu/
- .HK and .香港 at
https://www.hkirc.hk/content.jsp?id=37#!/34
https://www.hkirc.hk/content.jsp?id=37#!/35
https://www.hkirc.hk/content.jsp?id=37#!/36
Please refer to Annex 1 for HK Registration Agreement – Mandatory Provision
- .IM at https://www.nic.im/public/terms.mth
- .IN at https://registry.in/Policies,
https://registry.in/system/files/Terms_and_Conditions_for_Registrants_1.pdf
https://registry.in/system/files/IDN_Terms_and_Conditions_for_Registrants.pdf
- .INFO at http://info.info/about/afilias-anti-abuse-policy
- .IT at http://www.nic.it/,
http://nic.it/documents/regulations-3-november-2014/Dispute_Resolution_v2.1.pdf
- .KR at http://domain.kr/jsp/eng/domain/policy.jsp
- .LA at https://www.la/dispute
- .LI at http://www.switch.ch
- .ME at http://www.domain.me
- .MX at https://www.registry.mx/jsf/static_content/domain/policies_first_new.jsf
- .MY at
http://www.domainregistry.my/en/faq.php?id=128,
http://www.domainregistry.my/en/faq.php?id=128,
http://www.domainregistry.my/en/faq.php?id=136
- .NAME at http://www.nic.name/policies.html
- .NET at www.verisign.com
- .NP at web.mos.com.np/
- .NZ at http://dnc.org.nz/story/summary-list-all-nz-policies-and-procedures
- .ORG at http://www.pir.org/
- .PE at https://punto.pe/policy.php
- .PH at http://www.dot.ph/corporate/policies
- .PK at https://pk6.pknic.net.pk/pk5/pgPolicy.PK
- .PW at http://www.registry.pw
- .RO at http://www.rotld.ro/engleza/index_en.html
- .RU at http://www.cctld.ru/en/domains/domens_ru/
- .SG, “.新加坡” and “.???????????” at
http://sgnic.sg/page/registration-policies-procedures-and-guidelines;
http://www.nic.sg/page/registrant-agreement;
http://www.nic.sg/page/creation-second-level-domains
http://sgnic.sg/page/creation-second-level-domains
- .SO at
http://soregistry.so/pdfs/dotSO_Domain_Name_Registration_Policies.pdf
- .TEL at http://www.telnic.org/downloads/AUP.pdf
- .TH at https://www.thnic.co.th/index.php?page=policy
- .TM at https://www.nic.tm/policy.html
- .TR at
https://www.nic.tr/index.php?PHPSESSID=135453615220212916558471156&
USRACTN=SMGD
- .TRAVEL at www.tralliance.info
- .TV at http://www.verisign.com/
- .TW, .台灣 att http://www.twnic.net.tw/newdn/product/product_02.htm,
http://www.twnic.net.tw/newdn/product/product_02.htm#2,
http://www.twnic.net.tw/dn/draftdn.htm,
http://www.twnic.net.tw/dn/dn_h_01.htm,
http://www.twnic.net.tw/dn/dn_h_001.htm,
http://www.twnic.net.tw/dn/dn041020.htm,
http://www.twnic.net.tw/english/dn/dn_07a.htm,
http://www.twnic.net.tw/english/dn/pdf7a.pdf,
http://www.twnic.net.tw/NEWS/2231.pdf
- .UK at
http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration,http://www.nominet.org.uk,
http://www.nominet.org.uk/disputes/drs/policy/
- .US at http://www.neustar.us/policies/,WDRP Policy
http://www.neustar.us/whois-data-reminder-policy/
- .VN at http://vnnic.vn/en/domain/policy/regulations-vn-management?lang=en
- .LK at http://www.nic.lk/index.php/en/domain-name-policy
- .SO at
http://soregistry.so/pdfs/dotSO_Domain_Name_Registration_Policies.pdf
- .XXX, .porn, .adult at http://www.icmregistry.com/about/policies/
- .AG at http://www.nic.ag/terms.htm and http://www.nic.ag/agreement.htm
- .BZ at
http://www.belizenic.bz/support/legal.php?requestfor=registraragreement&from=agree_page, http://www.belizenic.bz/support/legal.php?requestfor=customerdomainagreement&from=agree_page and www.belizenic.bz
- .HN at http://nic.hn/en/politicas
- .LC at http://www.nic.lc/rules.htm and http://www.nic.lc/registrars.htm
- .MN at http://file.domain.mn/Domain_name_registration_policies.pdf
- .SC at http://www.nic.sc
- .VC at https://r.webnic.cc/download/VC_policies.pdf
- .WS at http://website.ws/
- .在?, .中文网 at http://internetregistry.info/policy/
- .black, .blue, .global, .pink, .red, .vegas, .移? at http://www.afilias.info/policies
- .academy, .accountants, .agency, .apartments, .associates, .bargains, .bingo, .bike, .boutique, .builders, .business, .cab, .cafe, .camera, .camp, .capital, .cards, .care, .careers, .cash, .casino, .catering, .center, .chat, .cheap, .church, .city, .claims, .cleaning, .clinic, .clothing, .coach, .codes, .coffee, .community, .company, .computer, .condos, .construction, .contractors, .cool, .coupons, .credit, .creditcard, .cruises, .dating, .deals, .delivery, .dental, .diamonds, .digital, .direct, .directory, .discount, .dog, .domains, .education, .email, .energy, .engineering, .enterprises, .equipment, .estate, .events, .exchange, .expert, .exposed, .express, .fail, .farm, .finance, .financial, .fish, .fitness, .flights, .florist, .football, .foundation, .fund, .furniture, .fyi, .gallery, .gifts, .glass, .gold, .golf, .graphics, .gratis, .gripe, .guide, .guru, .healthcare, .hockey, .holdings, .holiday, .house, .immo, .industries, .institute, .insure, .international, .investments, .jewelry, .kitchen, .land, .lease, .legal, .life, .lighting, .limited, .limo, .loans, .maison, .management, .marketing, .mba, .media, .memorial, .money, .movie, .network, .partners, .parts, .photography, .photos, .pictures, .pizza, .place, .plumbing, .plus, .productions, .properties, .recipes, .reisen, .rentals, .repair, .report, .restaurant, .run, .sarl, .school, .schule, .services, .shoes, .show, .singles, .soccer, .solar, .solutions, .style, .supplies, .supply, .support, .surgery, .systems, .tax, .taxi, .team, .technology, .tennis, .theater, .tienda, .tips, .tires, .today, .tools, .tours, .town, .toys, .training, .university, .vacations, .ventures, .viajes, .villas, .vision, .voyage, .watch, .works, .world, .wtf, .zone at http://www.donuts.co/policies/
- .buzz at http://get.buzz/about/terms-of-service-tos/
- .accountant, .bid, .cricket, .date, .download, .faith, .loan, .party, .racing, .review, .science, .trade, .webcam at http://www.famousfourmedia.com/about-us/privacy/
- .bar, .college, .design, .fans, .host, .ink, .love, .online, .press, .rest, .site, .space, .tech, .xyz, .website, .wiki, .co.com at https://www.centralnic.com/support/privacy
- .wang, ..商城, .我?你 at http://zodiacregistry.com/policy?lang=en
- .club at http://nic.club/Terms/
- .one at http://nic.one/policies/
- .taipei at http://www.hi.taipei/eng/policy.html
- The Registrar’s Policies
The Registrant must comply with all applicable Registrar’s Policies which include but are not limited to the terms found in the following links.
|
10.2 |
In the event of dispute arising due to the Registrant’s registration and/or use of a gTLD domain name, the Registrant agrees to be bound by the applicable Dispute Policy (which is available on the ICANN website) at the time of dispute. The Dispute Policy is incorporated herein and shall form part of this Registration Agreement. In the event of dispute arising due to the Registrant’s registration and/or use of a ccTLD domain name, the Registrant agrees to be bound by the applicable dispute resolution policies as may be applicable to the relevant country in which the domain name is registered.
|
|
11. |
Breach of Registration Agreement or Policies |
|
11.1 |
Failure of the Registrant to abide by any provision of this Registration Agreement shall constitute a breach. |
11.2 |
In the event of a breach, the Registrar may provide the Registrant with a written notice describing any such breach and the Registrant shall have seven (7) days to remedy the said breach. In the meantime the Registrar reserves the right to suspend the domain name pending remedy of the breach by the Registrant. |
11.3 |
If the breach is not remedied by the Registrant to the Registrar’s satisfaction within the time limit stipulated, the Registrar shall be entitled to delete the Registrant’s domain name and/or cancel the Registrant’s domain name registration without any notice to the Registrant or refund of any fees paid by the Registrant to the Registrar. |
11.4 |
Notwithstanding the above, the Registrar reserves the right to pursue any legal remedies it may have against the Registrant. |
|
12. |
Dispute Resolution |
|
12.1 |
The Registrant acknowledges that the Registrar cannot, and will not, screen or otherwise review domain name applications to verify the legal right of the Registrant to use a particular word or term used in the domain name. |
12.2 |
In the event a party disputes the Registrant’s legal right to use, display or register the domain name in any fashion or manner, the Registrar and Registrant shall act in accordance with the Dispute Policy. The Registrant is encouraged to familiarise itself with the Dispute Policy. |
12.3 |
If the Registrar is notified of a complaint filed with a judicial or administrative body regarding the Registrant’s use of a domain name (“Disputed Domain”), the Registrant agrees not to make any changes to the Disputed Domain’s records without the Registrar’s prior approval. |
12.4 |
The Registrar reserves the right not to allow the Registrant to make any changes to such Disputed Domain’s records until and unless:
- the Registrar is directed to do so by the judicial or administrative body concerned; or
- the Registrar receives notification from the Registrant and the other party contesting the Registrant’s registration and use of the Disputed Domain that the dispute has been settled.
|
12.5 |
In the event of a dispute between the Registrant and a third party, the Registrar does not and will not get involved in a proceeding and the Registrant agrees that the Registrar will not be responsible or liable for any damages or losses which the Registrant or any third party may suffer as a direct or indirect result of any act, omission or negligence on the Registrar’s part or that of the judicial or administrative body. The Registrant is encouraged to, prior to applying for registration of a domain name, perform a trademark search with respect to the words and/or phrases comprising the domain name. The Registrant will be solely liable in the event the Registrant’s use of a domain name constitutes an infringement or other violation of a third party’s rights. |
12.6 |
If the Registrar is named as a party to any legal proceedings commenced by the Registrant or a third party in connection with the Registrant’s registration and/or use of a domain name, the Registrar shall be entitled to suspend the operational status of the domain name pending the outcome of the dispute resolution. In any such event, the Registrar reserves the right to raise any and all defenses deemed appropriate. |
|
13. |
Indemnity |
|
13.1 |
The Registrant hereby agrees to release, indemnify, and hold harmless the Registrar, the Registry and Domain Provider(s), their officers, directors, shareholders, owners, managers, employees, agents, contractors, affiliates, Premier Partners and attorneys ("Indemnified Parties") from and against all claims made by third parties or 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, legal expenses and any other expenses of any nature whatsoever sustained, incurred, paid by or suffered by each Indemnified Party resulting from or in connection with any claim, action or demand relating to or arising under this Registration Agreement, or relating to the registration or use of the domain name. |
13.2 |
The Indemnified Parties shall give written notice to the Registrant of any such claim, action or demand within a reasonable period. |
|
14. |
Limitation of Liability |
|
14.1 |
The Registrant undertakes that it will not seek to recover and shall not be entitled to recover from the Registrar and/or the Registry and Domain Provider(s) or to be indemnified by the Registrar and/or the Registry and Domain Provider(s) against any direct, indirect or consequential loss or damage or any claim, proceeding, cost, demand, liability or expense whatsoever and howsoever sustained, incurred or paid by the Registrant to any party in respect of any of the matters and/or the exercise of the Registrar’s rights specified in this Registration Agreement. |
14.2 |
The Registrant agrees that the Registrar will not be liable for any loss of registration and/or use (whether temporary or otherwise and for whatever reason) of the Registrant’s domain name, or for interruption of business, or any indirect, special, incidental or consequential damages of any kind regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if the Registrar has been advised of the possibility of such damages. |
14.3 |
Under no circumstances shall the Registrar’s aggregate liability to the Registrant or any third party arising out of or related to this Registration Agreement exceed any amount of fees paid by the Registrant to the Registrar under the Registration Agreement regardless of the cause of action. |
|
15. |
Notices |
|
15.1 |
Unless stated otherwise in this Registration Agreement, any notice in relation to the Registration Agreement hereunder shall be deemed to be served if delivered by hand, sent by registered post, fax or electronic mail (e-mail); to the party to whom it is given at its last known postal address, fax number or e-mail address. |
15.2 |
The notice will be deemed served if:
- delivered by hand, upon written acknowledgment of receipt by the receiving party or its duly authorized employee, representative or agent; or
- sent by registered post, on the seventh (7th) day after posting; or
- sent by fax or e-mail, upon the transmitting equipment confirming dispatch of the notice as evidenced by the records of the transmitting equipment.
|
|
16. |
Premier Partners |
|
16.1 |
The Registrar may appoint certain resellers to carry out and/or provide certain services contained in this Registration Agreement (“Premier Partners”) including but not limited to the facilitation of registration of a Registrant and where applicable, the collection of the relevant Registration Fees on behalf of the Registrar. |
16.2 |
Whilst every care is taken to ensure the quality of services provided by the Premier Partners, the Registrar shall not be held responsible for any representations, acts or omissions on the part of the Premier Partner that is inconsistent with the provisions of this Registration Agreement. |
16.3 |
A Registrant subscribing for the Services through a Premier Partner of the Registrar shall be bound by the terms and conditions of this Registration Agreement as if it was entered into between the Registrar and the Registrant directly. For the avoidance of doubt, this Registration Agreement shall prevail in the event a conflict arises from any arrangement entered into between the Registrant and the Premier Partner. |
16.4 |
Notwithstanding thereto, the Registrant agrees that any complaints and/or support which the Registrant may have and/or require in relation to the Services provided by the Premier Partners shall be directed to the respective Premier Partners save and except for complaints and/or support of a technical nature directly related to the Services being provided by the Registrar, which shall still be resolved by the Registrar. |
|
17. |
Governing Law |
|
17.1 |
This Registration Agreement is governed by the laws of Malaysia and the Registrant hereby consents to the exclusive jurisdiction of the courts in Malaysia.
|
|
18. |
Miscellaneous |
|
18.1 |
Severability
If any provision of this Registration Agreement is held invalid, unenforceable, or void, the remainder of the Registration Agreement shall not be affected thereby and shall continue to be in full force and effect as nearly as possible to reflect the original intention of the Registrar and the Registrant in executing this Registration Agreement.
|
18.2 |
No Waiver
The failure of either party at any time to enforce any right or remedy available to it under this Registration Agreement with respect to any breach or failure by the other party shall not be deemed to be a waiver of such right or remedy with respect to any other breach or failure by the other party.
|
18.3 |
Sub-Contracts
The Registrar may sub-contract, all or any part of its obligations to provide the Services under this Registration Agreement without further notification to the Registrant.
|
18.4 |
Full Integration
This Registration Agreement, together with the Registrar Policies, is expressly incorporated herein and constitutes the entire Registration Agreement between the Registrant and the Registrar relating to the domain name. This Registration Agreement supersedes all prior written, oral, or electronic Registration Agreements between the Registrant and the Registrar relating to the domain name.
|
18.5 |
Written Registration Agreement
This Registration Agreement constitutes a written Registration Agreement between the Registrant and the Registrar notwithstanding the underlying Registration Agreement being dispatched electronically; and acceptance of this Registration Agreement is made electronically. A printed version of this Registration Agreement, and of any notice given in electronic form related to this Registration 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.
|
18.6 |
Force Majeure
The Registrant acknowledges and agrees that under any circumstances, the Registrar shall not be liable to the Registrant for failures or delays in performing the Registrar’s obligations hereunder arising from any cause beyond the Registrar’s reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods. In the event of any such delay, the time for the Registrar’s performance shall be extended for a period equal to the time lost by reason of the delay, which shall be remedied with all due dispatch in the circumstances.
|
18.7 |
Language
In the event the Registrant is reading this Registration Agreement or if this Registration Agreement is translated into a language other than the English language, the Registrant acknowledges and agrees that the English version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.
|
18.8 |
The Registrar reserves the right to modify and amend this Registration Agreement, any rules and regulations and policies, including the quantum of fees payable to the Registrar, from time to time. Such modifications and amendments shall be effective and binding upon the Registrant thirty (30) days after the initial posting of the revised Registration Agreement, rules and regulations or policies on the Registrar’s website (www.webnic.cc).
The Registrant is advised to check and review the Registrar’s website on a regular basis to be aware of any such revisions.
|
|
|
|
|
| |
|
|
|