|DOMAIN REGISTRATION AGREEMENT |
This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of the domain name registration services provided by Dynaserve Technologies Ltd. ("Dynaserve") to register an Internet domain name.
To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all the terms and conditions of this Agreement, the Dynaserve Terms And Conditions of Service (the "Service Agreement"), any rules or policies that are or may be published by Dynaserve from time to time, and the rules and regulations set forth by the registry administrators for the respective registries. This Agreement will become effective upon acceptance by Dynaserve.
Dynaserve may at its sole discretion, elect to accept or reject any application for registration of domain name for any reason, including but not limited to, rejection due to a request for registration of a prohibited domain name.
1. WHO WE ARE AND WHAT WE DO
Dynaserve is a domain submission service. Upon Dynaserve’s receipt of domain name registration information from you, Dynaserve shall submit the information to the registry administrator, herby referred to as the "Registrar", for the appropriate top-level domain for approval and processing. The Registrar then puts into effect the domain name registration.
By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by the applicable registry administrators.
Dynaserve is not liable or responsible for any errors, omissions, or other actions by the registry administrator arising out of or related to your application or receipt of, or failure to receive a domain name registration. You agree to indemnify, defend and hold harmless Dynaserve, the registry administrator and their directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration.
As consideration for Dynaserve providing domain name registration services to you, you agree to pay Dynaserve, prior to the approval of the desired domain name registration.
You're application will not be processed until Dynaserve receives actual payment of the registration fee, or reasonable assurance of payment of the registration fee from a third party, such reasonable assurance to be determined by Dynaserve in its sole discretion.
All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.
In the event of a charge back by a credit card company or other payment provider authorized by Dynaserve, the domain name registration shall be transferred to Dynaserve as the paying entity for the registration, Dynaserve may reinstate your domain name registration at its sole discretion upon its receipt of the registration or renewal fee and its then current reinstatement fee. The reinstatement fee is currently US$200.
If fees remain unpaid your registration will be cancelled. Payment must be made by credit card or other methods we indicate in registration application or renewal form.
3. DISPUTE POLICY
You agree to be bound by the ICANN Domain Dispute Resolution Policy, as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference. http://www.icann.org/dndr/udrp/policy.htm
You also agree that in the event a domain name dispute arises with any third party, you shall indemnify and hold Dynaserve and the Registrar harmless pursuant to the terms and conditions contained in the Service Agreement.
4. CHANGES TO REGISTRATION AGREEMENT AND SERVICE AGREEMENT
You acknowledge and recognize that the domain name system and the practice of registering and administering domain names are continuously evolving, and acknowledge and agree that Dynaserve may modify this Agreement and the Service Agreement as necessary from time to time to comply with its agreement with ICANN and any other agreements by which Dynaserve is or will be bound, and to adjust to changing business circumstances.
Your continued use of the registered domain name constitutes acceptance of this Agreement and amendments. If at any time, you do not agree to such changes, you agree that your sole remedy is to request that your domain name registration be cancelled or transferred to a different domain name registrar.
5. DOMAIN NAME REGISTRATION INFORMATION AND ITS USE
Information you are required to Submit
As part of the registration process, you are required to submit to Dynaserve and keep updated the following information in connection with your application for domain name registration:
(a) the domain to be registered;
(b) the domain name holder's name and mailing address;
(c) the name, mailing address, e-mail address, telephone number, and fax number of the administrative contact for the domain name; and
(d) the name, mailing address, email address, telephone number and fax number of the billing contact for the domain name.
You shall provide and maintain updated information at all times with Dynaserve. Dynaserve at its option may refuse to renew any registrations unless you maintain current and updated information at all times.
Dynaserve may from time to time request additional information from you. While not obligated to provide the additional information, you should provide the additional requested information to ensure that you will obtain all the products and services which Dynaserve makes available to domain name registrants.
Additional Information About your Registration
In Addition to the information you provide, we may store additional information relating to your domain name registration, including:
(a) the original creation date of the registration;
(b) the date and time the registration application was submitted to us and the appropriate registry;
(c) communications constituting registration orders, modifications, or terminations and related correspondence;
(d) records of account for your domain name registration, including dates and amounts of payments and refunds;
(e) the IP names and address of the primary name servers and any secondary name servers;
(f) the name, mailing address, e-mail address, telephone number, and fax number of the technical contact for the domain name;
(g) the name, mailing address, e-mail address, telephone number, and fax number of the zone contact for the domain name;
(h) the expiration date of the registration; or (i) other information regarding other activity regarding your domain name registration and related services.
Obligations Relating to Provide Data
If in registering a domain name you provide information about a third party, you hereby represent that you have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Agreement.
You acknowledge that:
(a) Willfully providing inaccurate information;
(b) willfully failing to update information promptly; or
(c) failing to respond to Dynaserve's inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request;
Shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
Disclosure and Use of Registration Information
You agree to authorize Dynaserve to provide any information to the Registrar and/or ICANN, the registry administrators, and to other third parties as ICANN and applicable laws may require or permit. You acknowledge and agree the Registrar may make publicly available, or directly available to third party vendors, some or all of the domain registration information provided by you, for purposes of inspection such as through the Registrar's WHOIS service, for targeted marketing, or for any other purpose as required or permitted by ICANN and applicable laws.
In addition, you acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that the Registrar may or must make available to the public or to private entities, and the manner in which such information is made available.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of information and updated from time to time provide in connection with registration of a domain name, whether during or after term of the registration of the domain name. You hereby irrevocably waive any and claims and causes of action you may have arising from such disclosure or use of the domain name registration information.
6. OWNERSHIP OF DATA
You agree and acknowledge that the Registrar owns the following:
(a) all database, compilation, collective and similar right, title and interests worldwide in the domain name database;
(b) all information and derivative works generated from the domain name database; and
(c) information for the registrations for which the Registrar acts as the registrar including:
i. the original creation date of the registration;
(ii) the expiration date of the registration
(iii) the name, mailing address, e-mail address, telephone number, and fax number of the technical contact, administrative contact, zone contact, and billing contact for the domain name;
(iv) remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and
(v) other information generated or obtained in connection with the provision of domain name registration services, other the domain name being registered, and the IP names and addresses of the primary namesever and any secondary nameservers.
The Registrar does not have any ownership interest in your specific personal registration information outside of your right in our domain name database.
7. AGENTS AND LICENSES
You agree that in the event you register a domain name for another entity, you represent that you have the authority to bind that entity as a principal to all terms and conditions contained in this Agreement.
You acknowledge and agree that if you license the use of your registered domain name to a third party, you remain the domain name holder of record and remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating your full contact information, and accurate technical, administrative, billing, and zone contact information adequate to facilitate timely Resolution of any problems that arise in connection with domain name and domain registration.
8. LIMITATION OF LIABILITY
You agree that Dynaserve shall, under no circumstances, be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages resulting from loss of profits, arising out of or in connection with this Agreement, even if Dynaserve has been advised of the possibility of such damages, and in particular Dynaserve will not be liable for the following:
(a) suspension or loss of your domain registration;
(b) use of your domain name registration;
(c) interruption of your business;
(d) access delays or interruptions to any web sites accessed by your registered domain name;
(e) non-delivery, mis-delivery, corruption, destruction, or modification of data;
(f) events beyond the reasonable control of Dynaserve;
(g) processing of an application for domain name registration; or
(h) application of the Service Agreement.
Dynaserve shall not, under any circumstances, be liable for any errors, omissions or other actions by the registry administrator arising out of or related to your domain name registration, or failure to receive a domain name registration.
Dynaserve's maximum aggregate liability shall not exceed the greater of:
(a) the total amount paid by you for registration of the domain name; and
9. IDEMNIFICATION OF Dynaserve
You agree to defend, indemnify and hold harmless Dynaserve, including its employees, directors, officers, representives, agents and affiliates, from any loss, damages or costs, including reasonable legal fees and expenses, resulting from any claim, action, suit, demand, or other proceeding related to or arising out of the registration or use of its domain name.
10. REPRESENTATIONS AND WARRANTIES
You represent that, to the best of you knowledge and belief, that:
(a) all information provided in connection with your domain name registration is accurate;
(b) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party.
You acknowledge and agree that all domain name registration services provided to you by Dynaserve are provided on an "as is" basis. Dynaserve makes no representations or warranties of any kind, express or implied, in connection with this Agreement or its domain name registrations services, including but not limited to warranties of merchantability or fitness for a particular purpose. Dynaserve makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunize you from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to you.
11. BREACH AND REVOCATION
Dynaserve reserves the right to suspend, cancel, transfer or modify your domain name registration in the event that:
(a) you materially breach this Agreement and do not cure such breach within thirty (30) calendar days of notice from Dynaserve;
(b) you use your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;
(c) you use your domain name in connection with unlawful activity; or
(d) grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement.
You further acknowledge and agree that your domain name registration is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar or registry administrator procedures approved by an ICANN-adopted policy, or by any other country code top-level domain registry administering procedures to correct mistakes by Dynaserve, a registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name.
You also agree that Dynaserve shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as Dynaserve receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.
12. OTHER TERMS AND CONDITIONS
Force Majeure. Dynaserve shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control.
Non-Waiver. The failure of Dynaserve to require your performance provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Dynaserve of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
Survival. The provisions, terms, conditions representations, warranties, convenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable not with standing termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.
Notice. You agree that any notice or communications required or permitted to be delivered under this Agreement by Dynaserve to you shall be deemed to have been given if delivered in accordance with the contact information you have provided.
Governing Law. Except as otherwise set forth in the Service Agreement with respect to disputes, this Agreement, your rights and obligations and all contemplated by this Agreement shall be governed by the laws of British Columbia, as if this Agreement was a contract wholly entered into and wholly performed within the province of British Columbia. Except as otherwise set forth in the Service Agreement with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the Dynaserve site shall be brought exclusively in the British Columbia Supreme Court.
Legal Fees. If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought against party, the prevailing party shall be entitled to recover reasonable legal fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.
Assignment. You shall not assign, sub-license or transfer your rights or obligations under this Agreement to any third party without the prior written consent of Dynaserve.
Entire Agreement. This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to here in. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth here in.
Amendment in Writing This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of Dynaserve.
Further Assurances. The parties here in shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.
Relationship of the Parties. Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
Joint and Several Obligations. If any party consists of more than entity, their obligations here under are joint several.
No Third Party Beneficiaries. This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
Successors and Assigns. This Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
Severability. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Dynaserve will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Dynaserve as reflected in the original provision.