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Domain Name Registration Agreement
A. GENERAL.
This domain name registration
Agreement ('Agreement') is submitted by you to Haoyah.com
Pty Ltd ('Haoyah') of Level 4, 85 Queen Street, Melbourne,
Victoria, Australia, 3000, for onward submission to INWW for
the purpose of your application for registering, for your
use only, an international domain name on the Internet. You
agree to be bound by the terms of this Agreement and the terms
of Haoyah's and INWW's Domain Name Dispute Policy ('Dispute
Policy') which is incorporated herein by reference. If this
Agreement is received by Haoyah and a domain name is activated
by Haoyah and registered for use in INWW's domain name database,
this Agreement will become effective and binding. You acknowledge
that time is not of essence and that it may take up to 7 days
to process your application. This Agreement shall be received
at the office of Haoyah.
B. FEES AND PAYMENTS.
You agree to pay Haoyah
the following fees:
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Registration: The
Registration fee agreed with the Haoyah for the registration
of each new domain name valid for a period of one (1)
year for each new registration inclusive of any permitted
modification(s) to the domain name record during the covered
period.
-
Renewal (re-registration):
The renewal fee agreed with the Haoyah to renew (re-register)
an existing registration valid for a period of one (1)
year for each renewal (re-registration) inclusive of any
permitted modification(s) to the domain name record during
the covered period.
You agree that if the
fees are not paid in accordance with the above terms, Haoyah
may in it sole discretion cancel your domain name registration
and terminate this Agreement without liability.
C. DISPUTE POLICY.
You agree as a condition
of this Agreement that you shall be bound by INWW's current
Dispute Policy. The current version of the Dispute Policy
may be found at our web site: http://www.haoyah.com/domainname/disputes.asp.in
accordance with i-DNS.net International Pte Ltd.
D. CHANGES OR MODIFICATIONS
TO DISPUTE POLICY.
You acknowledge that the
practice and system of domain name registrations is constantly
changing and accordingly you agree that i-DNS.net International
Pte Ltd may in its sole discretion change or modify the Dispute
Policy at any time. You agree that your maintaining the registration
of a domain name after changes or modifications to the Dispute
Policy become effective constitutes your continued acceptance
of these changes or modifications. You agree that if you consider
any such changes or modifications to be unacceptable, your
sole and exclusive remedy is to request that your registration
of the domain name be cancelled.
E. EFFECTIVE VERSION
OF DISPUTE POLICY.
You agree that if the
domain name registered by you is challenged by any third party,
you will be subject to the provisions of the specific Dispute
Policy current at the time the dispute first arose.
F. AGENTS.
You agree that if this
Agreement is completed by your agent, such as but not limited
to an Internet service provider, you agree that the acts of
your agent are hereby authorized and you are bound as a principal
by all the terms and conditions herein, including the Dispute
Policy. You agree that if you complete this Agreement as an
agent on behalf of someone else, you represent that you have
the authority to bind that person as a principal to all terms
and conditions herein, including the Dispute Policy.
G. LIMITATION OF LIABILITY.
YOU AGREE THAT HAOYAH
AND INWW SHALL HAVE NO LIABILITY WHATSOEVER TO THE YOU FOR
ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL LOSS OR DAMAGE, OR ANY DAMAGE RESULTING FROM
LOSS OF PROFITS, EVEN IF HAOYAH AND INWW HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, THAT YOU MAY INCUR
IN CONNECTION WITH (A) HAOYAH'S PROCESSING OF THIS AGREEMENT;
(B) HAOYAH'S PROCESSING OF ANY AUTHORIZED MODIFICATION TO
YOUR DOMAIN NAME RECORD DURING THE COVERED PERIOD; (C) YOUR
FAILURE TO PAY THE APPLICABLE FEES; (D) THE APPLICATION OF
THE PROVISIONS OF THE DISPUTE POLICY INCLUDING ANY CANCELLATION
OF THE REGISTRATION OF THE DOMAIN NAME; (E) YOUR USE OF YOUR
DOMAIN NAME REGISTRATION; (F) ANY ISSUE RELATING TO ACCESS
INCLUDING, BUT NOT LIMITED TO, DELAYS OR INTERRUPTIONS; (G)
MIS-DELIVERY, NON-DELIVERY, CORRUPTION, OR OTHER MODIFICATION
TO DATA; (H) EVENTS BEYOND HAOYAH'S OR INWW'S REASONABLE CONTROL
INCLUDING BUT NOT LIMITED TO ACTS OF GOD; (I) UNAUTHORIZED
USE OR MISUSE OF YOUR DOMAIN NAME REGISTRATION; (J) ANY SUSPENSION
OF YOUR DOMAIN NAME REGISTRATION IN ACCORDANCE WITH THIS AGREEMENT;
AND (K) ANY DISCLOSURE OF YOUR CONTACT DETAILS IN ACCORDANCE
WITH THIS AGREEMENT. With respect to access, you acknowledge
that the resolution of your domain name registration with
the applicable Internet Protocol addresses may not always
be possible as your particular computer may need to be enabled
for such resolution, either by way of an enabled browser,
or by virtue of your computer operating under an INWW enabled
Internet Service Provider. In any event, you agree that
HAOYAH and INWW's liability as set out herein is limited to
the fullest extent permitted by any applicable law. You agree
that in no event shall the maximum liability of HAOYAH and
INWW under this Agreement for any matter exceed the amount
paid by you under this Agreement.
PLEASE NOTE THAT IN THE
DISPUTE POLICY, i-DNS.NET INTERNATIONAL PTE LTD MAY UNDER
CERTAIN CIRCUMSTANCES CANCEL THE REGISTRATION OF YOUR DOMAIN
NAME, IN WHICH EVENT, THIS SECTION G WOULD APPLY. The current
version of the Dispute Policy may be found at the web site
of i-DNS.net International Pte Ltd: http://www.i-DNS.net/dispute.html.
H. INDEMNITY.
You agree to indemnify
and hold harmless and at Haoyah's and/or INWW's option defend
HAOYAH and INWW including its officers, directors, employees,
contractors and agents for all liability, loss, damages, costs,
legal costs and expenses, and any other expenses incurred
or paid by HAOYAH and INWW arising or resulting from (a) any
claim, action or demand related to the registration or use
of your domain name; (b) any breach by you of any term, representation
or warranty in this Agreement; (c) or otherwise arising out
of or related to this Agreement.
I. BREACH.
You agree that any breach
by you of any provision of this Agreement or the Dispute Policy,
including any representations or warranties made by you, may
be considered by HAOYAH and INWW to be a material breach.
Subject to any other express term of this Agreement or the
Dispute Policy, HAOYAH and INWW may give a written notice
of such breach to you requiring that if such breach is not
rectified by you within thirty (30) days to the reasonable
satisfaction of HAOYAH and INWW, then HAOYAH and INWW may
cancel your registration of the domain name. Any such breach
by you shall not be deemed to be excused simply because HAOYAH
and INWW did not act earlier in response to any breach by
you.
J. EFFECT OF REGISTRATION.
You acknowledge and agree
that Haoyah processes domain name registration applications
on a 'first come, first serve' basis and that your registration
of a domain name entitles you solely to the use of, and not
to own, the domain name registered. Neither Haoyah nor INWW
has made nor makes any determination as to the proprietary
rights to a or any name. Accordingly, you agree that the mere
fact of a domain name registered by Haoyah in your name does
not confer any legal right or defence and does not confer
immunity from objection to either the registration or use
of the domain name. Further, you expressly acknowledge that
any violation of this Agreement or the Dispute Policy will
result in the termination of any and all rights you may have
to use the domain name.
K. WARRANTIES.
You agree and warrant
that to the best of your knowledge the information submitted
herein is true and correct, and that any future changes to
such information will be provided to Haoyah in a timely manner
according to the procedures in place at that time. You further
represent and warrant that to the best of your knowledge and
belief use of the domain name you have applied for does not
directly or indirectly infringe the rights of third parties.
You agree that breach of these warranties will constitute
a material breach and entitle HAOYAH and INWW to immediately
suspend and/or cancel your domain name registration.
You agree that the domain
name registration services provided by Haoyah is made available
to you on an "as is" basis. HAOYAH and INWW EACH DISCLAIM
ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
AND CONDITIONS OF TITLE, MERCHANTABILITY OR SATISFACTORY QUALITY
AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF
THIRD PARTY RIGHTS. THE ABOVE EXCLUSIONS EXTEND TO THE FULLEST
EXTENT PERMITTED UNDER ANY APPLICABLE LAW.
L. RIGHT OF REFUSAL.
Haoyah reserves the right,
in its sole discretion, to refuse to register any domain name
requested herein. You agree that the submission of a domain
name pursuant to this Agreement does not obligate Haoyah to
accept either the domain name or this Agreement and that Haoyah
is not under any obligation to you to provide any reason for
any such refusal. You agree that neither Haoyah nor INWW shall
be liable for any loss or damages that may result from Haoyah's
refusal to accept either the domain name or this Agreement.
M. SEVERABILITY.
You agree that the terms
of this Agreement are severable. If any provision of this
Agreement shall be found by any court or administrative body
of competent jurisdiction to be invalid or unenforceable the
invalidity or unenforceability of such provision shall not
affect the other provisions of this Agreement and all provisions
not affected by such invalidity or unenforceability shall
remain in full force and effect.
You agree that this Agreement
and the Dispute Policy, as may be amended by Haoyah or INWW,
is the complete and exclusive agreement
between the parties regarding the registration and/or use
of your domain name. This Agreement and the Dispute Policy
supersede all prior agreements, representations, statements,
negotiations, understandings, proposals or undertakings, oral
or written, whether established by custom, practice, policy,
or precedent. You agree that this Agreement may not be amended
by you unless agreed to in writing by a duly authorized representative
of Haoyah.
O. NON-WAIVER
The waiver by either party
of a breach of or default in respect of any provision of this
Agreement shall not be construed as a waiver of any succeeding
breach of the same or other provisions, nor shall any delay
or omission on the part of either party to exercise or avail
itself of any right, power or privilege that it has or may
have hereunder, operate as a waiver of any breach or default
by the other party.
P. RELATIONSHIP OF
THE PARTIES
Nothing contained in this
Agreement shall be construed as creating any agency, partnership,
or other form of joint enterprise between the parties.
Q. NOTICES
You agree that any notice
required to be given under this Agreement by Haoyah or INWW
to you will be deemed to have been given
if delivered in accordance with the contact information you
have provided.
R. GOVERNING LAW.
You agree that this Agreement
shall be governed in all respects by and construed in accordance
with the laws of the Republic of Singapore. By submitting
this Agreement, you consent to the non-exclusive jurisdiction
and venue of the Courts of Singapore.
S. DATA.
You acknowledge and agree
that in completing this Agreement and providing your details
to Haoyah, Haoyah and/or INWW may and
will utilize such information to create and compile its domain
name database. You agree that Haoyah and/or INWW
will have complete ownership over its domain name
database, whether in part or in whole, and any derivative
works created from it. You agree that Haoyah and/or INWW
may make available to the public such
information under a look-up or to third parties
in Haoyah's and/or INWW's sole discretion.
T. READ AND UNDERSTOOD
THE AGREEMENT.
By completing and submitting
this Agreement for consideration and acceptance by Haoyah, you
agree that you have read and agree to be bound by A through
S above. If you do not in fact agree to any of the terms and
conditions set out in this Agreement, please stop and do not
submit this Agreement to Haoyah.
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