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Agreement |
1.
AGREEMENT
In this Registration Agreement ("Agreement") "you"
and "your" refer to each customer, "RSP", "we",
us" and "our" refer to SingaporeWebhosting.SG and
"Services" refers to the domain name registration provided
by us as offered through SingaporeWebhosting.SG, the Registration
Service Provider ("RSP"). This Agreement explains our
obligations to you, and explains your obligations to us for various
Services.
2. SELECTION OF A DOMAIN NAME
You represent that, to the best of the your knowledge and belief,
neither the registration of the SLD name nor the manner in which
it is directly or indirectly used infringes the legal rights of
a third party and that the Domain Name is not being registered for
any unlawful purpose.
3. FEES
As consideration for the services you have selected, you agree to
pay to us the applicable service(s) fees. All fees payable hereunder
are non-refundable. As further consideration for the Services, you
agree to: (1) provide certain current, complete and accurate information
about you as required by the registration process and (2) maintain
and update this information as needed to keep it current, complete
and accurate. All such information shall be referred to as account
information ("Account Information"). You, by completing
and submitting this Agreement represent that the statements in your
application are true.
4. TERM
You agree that the Registration Agreement will remain in full force
during the length of the term of your Domain Name Registration.
Should you choose to renew or otherwise lengthen the term of your
Domain Name Registration, then the term of this Registration Agreement
will be extended accordingly. This Agreement will remain in full
force during the length of the term of your Domain Name Registration
as selected, recorded, and paid for upon registration of the Domain
Name. Should you choose to renew or otherwise lengthen the term
of your Domain Name Registration, then the term of this Registration
Agreement will be extended accordingly. Should you transfer your
domain name or should the domain name otherwise be transferred due
to another Registrar, the terms and conditions of this contract
shall cease and shall be replaced by the contractual terms in force
for the purpose of registering domain names then in force between
SLD holders and the new Registrar.
5. MODIFICATIONS TO AGREEMENT
You agree, during the period of this Agreement, that we may: (1)
revise the terms and conditions of this Agreement; and (2) change
the services provided under this Agreement. Any such revision or
change will be binding and effective immediately on posting of the
revised Agreement or change to the service(s) on our web site, or
on notification to you by e-mail or regular mail as per the Notices
section of this agreement. You agree to review our web site, including
the Agreement, periodically to be aware of any such revisions. If
you do not agree with any revision to the Agreement, you may terminate
this Agreement at any time by providing us with notice by e-mail
or regular mail as per the Notices section of this agreement. Notice
of your termination will be effective on receipt and processing
by us. You agree that, by continuing to use the Services following
notice of any revision to this Agreement or change in service(s),
you shall abide by any such revisions or changes. You further agree
to abide by the ICANN Uniform Dispute Resolution Policy ("Dispute
Policy") as amended from time to time. You agree that, by maintaining
the reservation or registration of your domain name after modifications
to the Dispute Policy become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to any such
modifications, you may request that your domain name be deleted
from the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT
In order to change any of your account information with us, you
must use your Account Identifier and Password that you selected
when you opened your account with us. Please safeguard your Account
Identifier and Password from any unauthorized use. In no event will
we be liable for the unauthorized use or misuse of your Account
Identifier or Password.
7. DOMAIN NAME DISPUTE POLICY
If you reserved or registered a domain name through us, or transferred
a domain name to us from another registrar, you agree to be bound
by the Dispute Policy which is incorporated herein and made a part
of this Agreement by reference. The current version of the Dispute
Policy may be found at DOMAIN NAME DISPUTE POLICY. Please take the
time to familiarize yourself with this policy.
8. DOMAIN NAME DISPUTES
You agree that, if the registration or reservation of your domain
name is challenged by a third party, you will be subject to the
provisions specified in the Dispute Policy in effect at the time
of the dispute. You agree that in the event a domain name dispute
arises with any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute Policy.
9. ICANN POLICY
You agree that your registration of the SLD name shall be subject
to suspension, cancellation, or transfer pursuant to any ICANN-adopted
policy, or pursuant to any registrar or registry procedure not inconsistent
with an ICANN-adopted policy, (1) to correct mistakes by Registrar
or the Registry in registering the name or (2) for the resolution
of disputes concerning the SLD name.
10. AGENCY
Should you intend to license use of a domain name to a third party
you shall nonetheless be the SLD holder of record and are therefore
responsible for providing your own full contact information and
for providing and updating accurate technical and administrative
contact information adequate to facilitate timely resolution of
any problems that arise in connection with the SLD. You shall accept
liability for harm caused by wrongful use of the SLD, unless you
promptly disclose the identity of the licensee to the party providing
you reasonable evidence of actionable harm. You also represent that
you have provided notice of the terms and conditions in this Agreement
to the third party and that the third party agrees to the terms
of Disclosure and Use of Registration Information (sections 18 and
19 of this Agreement).
11. ANNOUNCEMENTS
We and the RSP reserve the right to distribute information to you
that is pertinent to the quality or operation of our services and
those of our service partners. These announcements will be predominately
informative in nature and may include notices describing changes,
upgrades, new products or other information to add security or to
enhance your identity on the Internet.
12. LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy,
with respect to any Services(s) provided under this Agreement and
any breach of this Agreement is solely limited to the amount you
paid for such Service(s). We and our contractors shall not be liable
for any direct, indirect, incidental, special or consequential damages
resulting from the use or inability to use any of the Services or
for the cost of procurement of substitute services. Because some
states do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such states, our liability
is limited to the extent permitted by law. We disclaim any and all
loss or liability resulting from, but not limited to: (1) loss or
liability resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery or data mis-delivery;
(3) loss or liability resulting from acts of God; (4) loss or liability
resulting from the unauthorized use or misuse of your account identifier
or password; (5) loss or liability resulting from errors, omissions,
or misstatements in any and all information or services(s) provided
under this Agreement; (6) loss or liability resulting from the interruption
of your Service. You agree that we will not be liable for any loss
of registration and use of your domain name, or for interruption
of business, or any indirect, special, incidental, or consequential
damages of any kind (including lost profits) regardless of the form
of action whether in contract, tort (including negligence), or otherwise,
even if we have been advised of the possibility of such damages.
In no event shall our maximum liability exceed five hundred ($200.00)
dollars.
13. INDEMNITY
You agree to release, indemnify, and hold us, our contractors, agents,
employees, officers, directors and affiliates harmless from all
liabilities, claims and expenses, including without limitation VeriSign,
Inc., and the directors, officers, employees and agents of each
of them, including attorney's fees, of third parties relating to
or arising under this Agreement, the Services provided hereunder
or your use of the Services, including without limitation infringement
by you, or someone else using the Service with your computer, of
any intellectual property or other proprietary right of any person
or entity, or from the violation of any of our operating rules or
policy relating to the service(s) provided. You also agree to release,
indemnify and hold us harmless pursuant to the terms and conditions
contained in the Dispute Policy. When we are threatened with suit
by a third party, we may seek written assurances from you concerning
your promise to indemnify us; your failure to provide those assurances
may be considered by us to be a breach of your Agreement and may
result in deactivation of your domain name.
14. TRANSFER OF OWNERSHIP
The person named as registrant on the WHOIS shall be the registered
name holder. The person named as administrative contact at the time
the controlling user name and password are secured shall be deemed
the designate of the registrant with the authority to manage the
domain name. You agree that prior to transferring ownership of your
domain name to another person (the Transferee") you shall require
the Transferee to agree, in writing to be bound by all the terms
and conditions of this Agreement. Your domain name will not be transferred
until we receive such written assurances or other reasonable assurance
that the Transferee has been bound by the contractual terms of this
Agreement (such reasonable assurance as determined by us in our
sole discretion) along with the applicable transfer fee. If the
Transferee fails to be bound in a reasonable fashion (as determine
by us in our sole discretion) to the terms and conditions in this
Agreement, any such transfer will be null and void.
15. BREACH
You agree that failure to abide by any provision of this Agreement,
any operating rule or policy or the Dispute Policy provided by us,
may be considered by us to be a material breach and that we may
provide a written notice, describing the breach, to you. If within
thirty (30) calendar days of the date of such notice, you fail to
provide evidence, which is reasonably satisfactory to us, that you
have not breached your obligations under the Agreement, then we
may delete the registration or reservation of your domain name.
Any such breach by you shall not be deemed to be excused simply
because we did not act earlier in response to that, or any other
breach by you.
16. NO GUARANTY
You agree that, by registration or reservation of your chosen domain
name, such registration or reservation does not confer immunity
from objection to either the registration, reservation, or use of
the domain name.
17. DISCLAIMER OF WARRANTIES
You agree that your use of our Services is solely at your own risk.
You agree that such Service(s) is provided on an "as is,"
"as available" basis. We expressly disclaim 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. We make no warranty that the Services
will meet your requirements, or that the Service(s) will be uninterrupted,
timely, secure, or error free; nor do we make any warranty as to
the results that may be obtained from the use of the Service(s)
or as to the accuracy or reliability of any information obtained
through the Service or that defects in the Service will be corrected.
You understand and agree that any material and/or data downloaded
or otherwise obtained through the use of Service is done at your
own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results
from the download of such material and/or data. We make no warranty
regarding any goods or services purchased or obtained through the
Service or any transactions entered into through the Service. No
advice or information, whether oral or written, obtained by you
from us or through the Service shall create any warranty not expressly
made herein.
18. INFORMATION
As part of the registration process, you are required to provide
us certain information and to update us promptly as such information
changes such that our records are current, complete and accurate.
You are obliged to provide us the following information:
i) Your name and postal address (or, if different,
that of the domain name holder); ii) The domain name being registered
iii) The name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the administrative contact for
the domain name. iv) The name, postal address, e-mail address, and
voice and fax (if available) telephone numbers of the billing contact
for the domain name. Any other information which we request from
you at registration is voluntary. Any voluntary information we request
is collected such that we can continue to improve the products and
services offered to you through your RSP.
19. DISCLOSURE AND USE OF REGISTRATION
INFORMATION
You agree and acknowledge that we will make domain name registration
information you provide available to ICANN, to the registry administrators,
and to other third parties as ICANN and applicable laws may require
or permit. You further agree and acknowledge that we may make publicly
available, or directly available to third party vendors, some, or
all, of the domain name registration information you provide, for
purposes of inspection (such as through our WHOIS service) or other
purposes as required or permitted by ICANN and the applicable laws.
You hereby consent to any and all such disclosures
and use of, and guidelines, limits and restrictions on disclosure
or use of, information provided by you in connection with the registration
of a domain name (including any updates to such information), whether
during or after the term of your registration of the domain name.
You hereby irrevocably waive any and all claims and causes of action
you may have arising from such disclosure or use of your domain
name registration information by us.
You may access your domain name registration
information in our possession to review, modify or update such information,
by accessing our domain manager service, or similar service, made
available by us through your RSP.
We will not process data about any identified
or identifiable natural person that we obtain from you in a way
incompatible with the purposes and other limitations which we describe
in this Agreement.
We will take reasonable precautions to protect
the information we obtain from you from our loss, misuse, unauthorized
access or disclosure, alteration or destruction of that information.
20. REVOCATION
Your willful provision of inaccurate or unreliable information,
your willful failure promptly to update information provided to
us, or any failure to respond to inquiries by us addressed to the
email address of the registrant, the administrative, billing or
technical contact appearing in the “Whois” directory
with respect to a domain name concerning the accuracy of contact
details associated with the registration shall constitute a material
breach of this Agreement and be a basis for cancellation of the
domain name registration. Any information collected by us concerning
an identified or identifiable natural person ('Personal Data') will
be used in connection with the registration of your domain name(s)
and for the purposes of this Agreement and as required or permitted
by the ICANN Agreement or an ICANN/Registry Operator policy.
21. RIGHT OF REFUSAL
We, in our sole discretion, reserve the right to refuse to register
or reserve your chosen domain name or register you for other Services
within thirty (30) calendar days from receipt of your payment for
such services. In the event we do not register or reserve your domain
name or register you for other Services, or we delete your domain
name or other Services within such thirty (30) calendar day period,
we agree to refund your applicable fee(s). You agree that we shall
not be liable to you for loss or damages that may result from our
refusal to register, reserve, or delete your domain name or register
you for other Services.
22. SEVERABILITY
You agree that the terms of this Agreement are severable. If any
term or provision is declared invalid or unenforceable, that term
or provision will be construed consistent with applicable law as
nearly as possible to reflect the original intentions of the parties,
and the remaining terms and provisions will remain in full force
and effect.
23. NON-AGENCY
Nothing contained in this Agreement or the Dispute Policy shall
be construed as creating any agency, partnership, or other form
of joint enterprise between the parties.
24. NON-WAIVER
Our failure to require performance by you of any provision hereof
shall not affect the full right to require such performance at any
time thereafter; nor shall the waiver by us of a breach of any provision
hereof be taken or held to be a waiver of the provision itself.
25. NOTICES
Any notice, direction or other communication given under this Agreement
shall be in writing and given by sending it via e-mail or via regular
mail. In the case of e-mail, valid notice shall only have been deemed
to have been given when an electronic confirmation of delivery has
been obtained by the sender. In the case of e-mail notification
contact dns@ SingaporeWebhosting.SG or, in the case of notice to
you, at the e-mail address provided by you in your WHOIS record.
Any e-mail communication shall be deemed to have been validly and
effectively given on the date of such communication, if such date
is a business day and such delivery was made prior to 4:00 p.m.,
otherwise it will be deemed to have been delivered on the next business
day. In the case of regular mail notice, valid notice shall be deemed
to have been validly and effectively given 5 business days after
the date of mailing and, in the case of notification to us shall
be sent to:
SingaporeWebhosting.SG, *to be updated* and in
the case of notification to you shall be to the address specified
in the "Administrative Contact" in your WHOIS record.
26. ENTIRETY
You agree that this Agreement, the rules and policies published
by us and the Dispute Policy are the complete and exclusive agreement
between you and us regarding our Services. This Agreement and the
Dispute Policy supersede all prior agreements and understandings,
whether established by custom, practice, policy or precedent.
27. GOVERNING LAW
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED
IN ACCORDANCE WITH THE LAWS OF THE REPUBLIC OF SINGAPORE APPLICABLE
THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY
ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN SINGAPORE AND
YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
28. INFANCY
You attest that you are of legal age to enter into this Agreement.
29. ACCEPTANCE OF AGREEMENT. YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS
TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT.,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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