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ข้อตกลงพันธมิตร Webcc Premier

Last Modified: 19th September, 2015

This Premier Partner Agreement (“Agreement”) sets forth the terms and conditions which govern the relationship between Web Commerce Communications Ltd., a company incorporated in British Virgin Islands with its business address at P.O. Box 957, Offshore Incorporations Centre, Road Town, Tortola, British Virgin Islands of the one part (“WEBCC”) and you (“Premier Partner”). The term “you” and “your” shall refer to the Premier Partner. WEBCC and the Premier Partner may each be referred to individually as a “Party” and collectively as the “Parties”.

The Premier Partner is advised to read this Agreement carefully and take note of the contents thereto.

This Agreement is an integral part of, and must be read and accepted in conjunction with, WEBCC’s online premier partner program application form (“Premier Partner Application”).

Your electronic submission of the Premier Partner Application (by signing or checking the consent box on the Interface Tool/Reseller Panel signifies that you have read, understood, accepted and agreed to be bound by this Agreement. The Agreement will become effective on the date WEBCC notifies you that WEBCC has accepted your Premier Partner Application (“Effective Date”).

 WHEREAS:
AWEBCC is an ICANN accredited registrar and provides domain name registration services to users for various Top Level Domains Domains (“TLDs”), including Country Code Top Level Domains (“ccTLDs”) and Generic Top Level Domains (“gTLDs”).
BWEBCC operates a premier partner program which allows authorised participants to promote, market, distribute and sell the Products and Services through a Products and Services Order on WEBCC’s behalf (“Program”).
CThe Premier Partner wishes to participate in the Program and the Parties are desirous of working together to provide the Collaborative Services.
DThe Parties have therefore agreed to enter into this Agreement to regulate their respective rights, duties and obligations, upon the terms and subject to the conditions herein contained.
1DEFINITIONS & INTERPRETATION
 
1.1Where the context so admits in this Agreement the following words shall have the meaning as defined herein:
 
“Agreement”means this Premier Partner Agreement including its schedules and attachments as may be amended from time to time;
“Business Day“means any day, other than a Saturday or Sunday or gazetted public holiday in Malaysia;
“Collaborative Services”means the provision of one or more of the Products and Services that the Parties have agreed to jointly provide under the Program;
“Confidential Information”means any and all information and/or documents exchanged between the Parties under the terms of this Agreement, the Program or the Product and Services or incidentally thereto and shall not be limited but to include all specifications, records, data, computer programs, drawings, schematics, notices, models, reports, samples, know-how, trade secrets, ideas, concepts, technical and operational information, arising or used in connection with the Products and Services and other information which by its nature, or by the circumstances of its disclosure, is or could reasonably be expected to be regarded as confidential;
“Force Majeure”means any cause beyond a Party’s reasonable control affecting the performance by the affected Party of its obligations hereunder including, but not limited to, acts of God, riots or civil disorder, war or military operations, national or local emergency, acts or omissions of government, industrial disputes of any kind (not involving the affected Party’s own employees), fire, flood, lightning, explosion, subsidence, inclement weather and acts or omissions of persons or bodies beyond the reasonable control of the said Party;
“Intellectual Property”means any patent, trade mark, copyright and/or design rights (and any application for any of the foregoing), as well as any rights in respect of any confidential information, trade secrets or proprietary information or any other intellectual and industrial property rights, whether existing or to be created in the future, and whether or not registered or registrable;
“ICANN“means the Internet Corporation for Assigned Names and Numbers having its website at www.icann.org;
“Interface Tool“means the tool provided by WEBCC to the Premier Partner to register domain name(s) on the internet. The tool may include, but is not limited to, Java-based application program interface or an XML-based application program interface, EPP (Extensible Provisioning Protocol) and the proprietary “Web Panel” interface. WEBCC may in its sole discretion modify the Interface Tool, or discontinue any part thereof from time to time;
“Products and Services”means the products and services which WEBCC provides through the Program and includes any such other products & services to be introduced by WEBCC from time to time;
“Products and Services Order”means the order form executed by the Parties pursuant to this Agreement in relation to an order made by the Premier Partner under the Products and Services;
“Registrant(s)”means any individual or entity registering a domain name through the Premier Partner;
“Specifications and/or Policies”shall have the meaning as described under the ICANN Registrar Accreditation Agreement;
“Trade Marks”means the registered and/or unregistered trademarks and/or service marks owned by a particular Party and/or such other marks, names, signs or indicia of origin as may be utilized by the said Party from time to time, and “Trade Mark” shall refer to such one of them as the case may be; and
“WEBCC Marks”means those registered and/or un-registered trademarks, service marks and logos of WEBCC that are provided to the Premier Partner for the limited purpose of promoting the Products and Services.
1.2

Interpretation

  • Words importing the singular number include the plural and vice versa.
  • Words importing the masculine gender include the feminine and neuter genders and vice versa.
  • The headings and sub-headings in this Agreement are inserted for convenience only and are to be ignored when construing the provisions of this Agreement.
  • References herein to clauses and paragraphs are references to clauses and paragraphs of this Agreement unless otherwise specified.
  • Words applicable to natural persons include any body corporate or unincorporated, persons, institute, corporation, firms or partnerships corporate or otherwise and vice versa.
  • The Annexures to this Agreement constitutes an integral part of this Agreement and shall have the same force and effect as if set out in the body of this Agreement.
2NON-EXCLUSIVITY
 WEBCC and the Premier Partner agree that they are not bound exclusively by this Agreement and that the terms of this Agreement shall not preclude any Party from entering into similar arrangements with any other third party during the term of this Agreement.
3TERM
 
3.1The terms of this Agreement shall take effect from the Effective Date and shall continue to be in force for a period of one (1) year thereafter (“Initial Term”), unless otherwise terminated by either Party pursuant to Clause 12 of this Agreement.
3.2This Agreement shall be automatically renewed for successive periods of twelve (12) months following the expiry of the Initial Term unless otherwise terminated by either Party pursuant to Clause 12 of this Agreement.
4OBLIGATIONS OF THE PARTIES
 The obligations of the Parties in relation to this Agreement are set out in Annexure 1 hereto.
5FEES
 
5.1The Premier Partner shall pay the applicable fees in the form and amounts as described in the Premier Partner’s account for the relevant product or services rendered by the Premier Partner, which shall be deducted from a client’s account established with and held by WEBCC subject to the terms and conditions related thereto for the time being enforced.
5.2In the event of any dispute arising in relation to any payment of fees and/or client account balances, the Party complaining of any discrepancies shall provide to the other Party reasonable supporting documentation to substantiate the dispute and the Parties will cooperate to resolve such dispute.
6USE OF WEBCC’s TRADE MARKS
 
6.1WEBCC hereby grants to the Premier Partner a non-exclusive, non-transferable, non-sub-licensable, revocable, royalty free licence to the Premier Partner to utilise WEBCC’s Trade Marks during the term of this Agreement in connection with the Collaborative Services and nothing in this Agreement shall transfer ownership in the Trade Marks which shall at all times be owned by WEBCC.
6.2

In relation to the use of WEBCC’s Trade Marks, the Premier Partner shall:

  • ensure that WEBCC’s Trade Marks are used in the manner specified by WEBCC from time to time and solely in connection with the Collaborative Services;
  • ensure compliance with such specifications and standards as WEBCC shall provide from time to time in relation to the use of WEBCC”s Trade Marks; and
  • ensure that WEBCC’s Trade Marks are used only in the form stipulated by WEBCC and shall observe any reasonable directions given by WEBCC as to colours and size of the representations of WEBCC’s Trade Marks and their manner and disposition including the use of WEBCC”s Trade Marks on any accompanying leaflets, brochures or other material, and in any advertising material prepared by or utilised by the Premier Partner.
6.3The Premier Partner shall, if requested by WEBCC, submit designs of all printed materials using WEBCC’s Trade Marks to WEBCC for approval as to the appearance, manner and the context of the intended use, of WEBCC”s Trade Marks.
7INTELLECTUAL PROPERTY RIGHTS
 
7.1The Parties hereby acknowledge and agree that any Intellectual Property Rights owned by one Party shall continue to be owned by such Party, or its third party licensors, as the case may be, and the execution of this Agreement, except as specifically mentioned herein, shall not in any way be construed to have transferred all or any part of such rights to the other Party.
7.2The Parties agree that each Party retains full and exclusive Intellectual Property Rights and ownership in any and all letters patent, inventions, software, algorithms, know-how, Trade Marks, copyrights and trade secrets, and any other proprietary rights which the Party currently possesses, or has developed independently pursuant to this Agreement.
7.3The Premier Partner acknowledges and agrees that WEBCC’s Trade Marks and WEBCC’s Intellectual Property Rights, and the goodwill associated therewith, are valuable properties belonging to WEBCC and shall remain the sole and exclusive property of WEBCC.
7.4The Premier Partner shall not either now or in the future contest or challenge the validity and/or ownership rights of any of WEBCC’s Trade Marks or WEBCC’s Intellectual Property Rights.
8REGISTRANT INFORMATION
 The Premier Partner will promptly provide WEBCC with up to date, complete and accurate information of the Registrant(s), as required by WEBCC from time to time, and the Premier Partner shall comply with all applicable privacy laws in its collection, maintenance and use of the Registrant(s) information. In the event the Registrant(s) does not want to disclose information, the Premier Partner must engage a local contact service provider nominated by and acceptable to WEBCC. The failure of Premier Partner to comply with any of the foregoing obligations shall be deemed to be a material breach of this Agreement entitling WEBCC to terminate the Agreement immediately.
9RULES, REGULATIONS AND POLICIES
 
9.1The Premier Partner agrees to be bound by all relevant laws, rules and regulations, WEBCC’s policies and the rules and policies of the relevant registry operator(s).
9.2

The Premier Partner further agrees to be bound by the following additional obligations:

  • the Premier Partner is prohibited from displaying ICANN or an ICANN accredited registrar’s logo or WEBCC’s logo, or from otherwise representing itself as accredited by ICANN unless it has written permission from ICANN or WEBCC, as the case may be;
  • any registration used by the Premier Partner shall include all registration agreement provisions and notices required by the ICANN Registrar Accreditation Agreement (the agreement of which can be found on ICANN’s website at www.icann.org)and any ICANN Consensus Policies(the policies of which can be found on ICANN’s website at www.icann.org), and shall identify the sponsoring registrar or provide a means for identifying the sponsoring registrar, such as a link to the InterNIC Whois lookup service;
  • the Premier Partner must identify WEBCC as the sponsoring registrar upon inquiry from a customer if the domain name is under WEBBC sponsorship;
  • the Premier Partner must comply with any ICANN adopted Specifications and/or Policies that establishes a program for accreditation of individuals or entities who provide proxy and privacy registration services (a “Proxy Accreditation Program”). Until such time that the Proxy Accreditation Program is established by ICANN, the Premier Partner is required to comply with the Specification on Privacy and Proxy Registration that is attached to ICANN’s Registrar Accreditation Agreement(the agreement of which can be found on ICANN’s website at www.icann.org)
  • the Premier Partner shall provide and clearly display a link to ICANN Registrant Rights and Responsibilities document (the document of which can be found on ICANN’s website at www.icann.org) on any website the Premier Partner may operate for domain name registration or renewal at least as clearly as the links to other policies or notifications are required to be displayed under ICANN Consensus Policies (the policies of which can be found on ICANN’s website at www.icann.org), ;
  • the Premier Partner shall publish on its website(s) and/or provide a link to the Registrants’ Benefits and Responsibilities Specification attached to ICANN’s Registrar Accreditation Agreement(the agreement of which can be found on ICANN’s website at www.icann.org);
  • the Premier Partner shall ensure that the identity and contact information provided by the customer / Registrant(s) of any privacy or proxy registration service offered or made available by the Premier Partner in connection with each registration will be deposited with WEBCC or held in escrow or, alternatively, display a conspicuous notice to such customers / Registrant(s) at the time an election is made to utilize such privacy or proxy service that their data is not being escrowed. Where escrow is used, the escrow agreement will provide, at a minimum, that data will be released to WEBCC in the event the Premier Partner breaches this Agreement, and such breach is harmful to consumers or the public interest. In the event that ICANN makes available a program granting recognition to the Premier Partner that escrow privacy or proxy registration data as detailed above, and the Premier Partner meets any other criteria established by ICANN in accordance with its bylaws, the Premier Partner shall be permitted to apply to ICANN for such recognition. and
  • the Premier Partner shall report to WEBCC if it is in breach of any of the provisions of this Agreement and in the event WEBCC learns that the Premier Partner is causing WEBCC to be in breach of any of the provisions of ICANN’s Registrar Accreditation Agreement(the agreement of which can be found on ICANN’s website at www.icann.org), WEBCC may require the Premier Partner to immediately take such steps as WEBCC deems necessary for the Premier Partner to comply with this Agreement and the Premier Partner shall promptly cure and prevent further instances of such non compliance.
10REPRESENTATIONS AND WARRANTIES
 
10.1

The Parties hereby represent and warrant to each other that:

  • each Party has full power and authority to enter into and to perform and observe its obligations under this Agreement;
  • all such obligations shall be performed diligently and with reasonable skill and care; and
  • by entering into this Agreement the Party does not violate any agreement between the Party and any other person or entity.
10.2The Premier Partner further warrants that all information provided by the Premier Partner prior to the execution of this Agreement is true and accurate, and the Premier Partner acknowledges and agrees that WEBCC has relied on such information in entering into this Agreement.
10.3The Premier Partner also undertakes and warrants that it will only use the WEBCC domain registration system for legal and lawful purposes subject to the terms and conditions of this Agreement, WEBCC’s Acceptable Use Policy, and any other relevant policies of WEBCC as may be amended from time to time and in accordance with all applicable laws.
10.4Except as expressly stated in this Agreement, all warranties and conditions, whether expressed or implied by statute, common law or otherwise (including, but not limited to, fitness for purpose) as to performance, quality, title and otherwise in connection with the obligations of the Parties hereunder are hereby excluded to the extent permitted by law.
11INDEMNITY AND LIMITATION OF LIABILITY
 
11.1WEBCC disclaims any liability resulting from the use of the Products and Services by the Registrant(s) including but not limited to any unlawful, unauthorised or misuse of the Products and Services by the Registrant(s).
11.2The Premier Partner shall indemnify and keep WEBCC indemnified from and against all claims, damages, liabilities, deficiencies, penalties, losses, costs, expenses (including without limitation, legal fees and disbursements on a full indemnity basis) which WEBCC may suffer, incur or sustain as a result of or in consequence of or in relation to any breaches of any of Premier Partner’s representations, warranties, undertakings and obligations contained in this Agreement and/or claims from third parties resulting from the provision of the Collaborative Services by the Premier Partner or arising under or relating to the Premier Partner’s performance of this Agreement.
11.3The Premier Partner agrees that WEBCC’s entire liability to Premier Partner, and the Premier Partner’s sole remedy, arising out of this Agreement, shall not exceed the amount of fees and/or charges received by WEBCC from the Premier Partner, during six (6) months preceding the date on which the cause of action had arisen under this Agreement.
11.4In no event shall WEBCC be liable for any indirect, incidental or consequential damages or loss of profits or revenues whether foreseeable or not, however caused, arising out of or in connection with the performance or non-performance of this Agreement.
12SUSPENSION AND TERMINATION
 
12.1

Either Party may terminate this Agreement with immediate effect if the other Party :

  • fails to observe or perform any of its material obligations under the Agreement and, in the case of a failure which is capable of being remedied, such failure is not remedied within thirty (30) days after written notice to the defaulting Party informing the defaulting Party of the failure and requesting the defaulting Party to remedy the same; or
  • is subject to any action or proceedings, whether administrative or judicial in respect of insolvency, winding-up, dissolution or bankruptcy.
12.2

WEBCC shall be entitled to suspend and/or terminate the Premier Partner’s account and/or terminate this Agreement with immediate effect if :

  • the Premier Partner causes WEBCC to be in breach of its obligations of the Registrar Accreditation Agreement (the agreement of which can be found on ICANN’s website at www.icann.org);
  • the Premier Partner fails to respond to WEBCC’s inquiries and correspondences within the given timelines;
  • the Premier Partner is not contactable by WEBCC at its last known address or the contact details furnished to WEBCC;
  • WEBCC is of the opinion that the Premier Partner is not in the position to provide quality and timely service to the Registrant(s);
  • the Premier Partner uses the Products and Services for any activity that is potentially or actually illegal (such as, but not limited to, phishing and spamming activities);
  • the actions or inactions of the Premier Partner damages the reputation of WEBCC;
  • the Premier Partner fails to maintain the Premier Partner account according to the required minimum threshold; and/or
  • the Premier Partner engages in an activity that misuses or disrupts WEBCC’s network or operations.
12.3Where the Premier Partner’s account has been suspended and in the event WEBCC agrees to lift the suspension, the Premier Partner shall be liable to reimburse WEBCC for any costs incurred in this respect.
12.4The Premier Partner shall be entitled to terminate this Agreement without cause by giving WEBCC sixty (60) days notice in writing. In the event of such termination, the Refund Policy will apply.
12.5

Upon termination of this Agreement:

  • the Parties shall, within thirty (30) days from the date of the termination inventories and return those assets and equipment that belong to one another for the purposes of facilitating the rights of the Parties under this Agreement;
  • for any reason whatsoever, the Parties will immediately cease all use of the Trade Marks, Intellectual Property Rights and Confidential Information of the other Party and return them to the other Party together with all other materials pertaining thereto;
  • for any reason whatsoever, the Parties shall enter into a new agreement governing the provisions of any Intellectual Property Rights jointly owned by both Parties as part of the Collaborative Services under this Agreement; and
  • subject as otherwise provided herein and to any rights or obligations which have accrued prior to termination, neither Party shall have any further obligation to the other under this Agreement nor shall either Party be liable to the other for compensation, reimbursement or damages on account of the loss of prospective profits or anticipated sales in connection to this Agreement.
12.6The Parties shall at all times act in good faith in the resolution of any dispute, controversy or claim arising under this Agreement. Prior to terminating this Agreement pursuant to this Clause 12, the Parties agree that they shall discuss and negotiate in good faith all possible and reasonable means to resolve the issues leading up to termination and attempt to resolve such issues expeditiously and in good faith.
13DORMANT ACCOUNTS
 
13.1

In the event a Premier Partner’s client account with WEBCC remains dormant, i.e. no transaction is made on the account, for twelve (12) months consecutively, WEBCC shall be entitled to:

  • terminate this Agreement immediately with notice to the Premier Partner;
  • close the dormant account and forfeit all amounts remaining in the account; and/or
  • transfer all existing domain names under the Premier Partner’s account to WEBCC and/or any other Premier Partners appointed by WEBCC as it deems fit.
14CONFIDENTIALITY
 
14.1Each Party shall keep in strict confidence and not disclose, and shall procure that its related companies, directors and employees keep in strict confidence and shall not disclose, the contents of this Agreement and shall not use any Confidential Information communicated to it by or acquired from the other Party in connection with or pursuant to this Agreement, other than strictly for the purposes of this Agreement and its performance.
14.2The provisions of this Clause shall not apply to Confidential Information which the Party concerned can prove was in its possession on the date of receipt or which becomes public knowledge (except by reason of default of such Party) or which such Party obtains from some other person not obligated under this Agreement and not in confidence and in good faith.
14.3

Notwithstanding the foregoing provisions of this Clause:

  • each Party shall have the right to disclose the contents of this Agreement and any Confidential Information to any of its shareholders and professional advisers provided it shall first have obtained a confidentiality undertaking from the disclosee in terms substantially similar to those contained in this Clause; and
  • each Party shall be at liberty to disclose Confidential Information where and to the extent that such disclosure is properly made pursuant to and in accordance with a relevant statutory obligation or properly required by a relevant governmental or regulatory authority.
14.4Whenever requested by WEBCC, the Premier Partner shall immediately return to WEBCC all manifestations of the Confidential Information or, at WEBCC’s request, destroy all such Confidential Information as WEBCC may designate.
14.5The Premier Partner’s obligation of confidentiality under Clause shall survive the termination of this Agreement for a period of five (5) years from the date of termination.
15FORCE MAJEURE
 
15.1Any delay or failure to perform an obligation under this Agreement by either Party shall not constitute a breach of this Agreement to the extent that it is caused by an event of Force Majeure.
15.2The Party so affected by an event of Force Majeure shall promptly notify the other in writing of the estimated extent and duration of the inability to perform its obligations.
15.3Upon the cessation of the event of Force Majeure, the Party so affected shall promptly notify the other in writing of such cessation.
16ASSIGNMENT AND SUB-CONTRACTING
 This Agreement is personal to the Parties hereto and neither Party shall, without the prior consent in writing of the other, assign, charge or otherwise deal with the whole or any part of this Agreement or its rights or obligations hereunder.
17PUBLICITY
 Neither Party shall, without the prior approval in writing of the other (such approval not to be unreasonably withheld), directly or indirectly make any release or statement to the press, radio, television or other media in any way connected with this Agreement.
18WAIVER
 Failure by either Party at any time to enforce any of the provisions of this Agreement shall neither be construed as a waiver of any rights or remedies hereunder nor in any way affect the validity of this Agreement or any part of it. No waiver shall be effective unless given in writing and no waiver of a breach of this Agreement shall constitute a waiver of any antecedent or subsequent breach.
19SEVERABILITY
 
19.1The invalidity or unenforceability for any reason of any part of this Agreement shall not prejudice or affect the validity or enforceability of the remainder of this Agreement.
19.2If further lawful performance of this Agreement or any part of it shall be made impossible by the final judgment or final order of any court of competent jurisdiction, commission or government agency or similar authority having jurisdiction over either party, the Parties shall forthwith use their reasonable endeavours to agree amendments to this Agreement so as to comply with such judgment or order.
20VARIATION
 
20.1The Parties hereto agree that the Parties may at any time during the term of this Agreement vary, modify and/or supplement the terms in relation to the Products and Services by way of a Products and Services Order.
20.2Any modification to the scope of the products and/or services pursuant to any Products and Services Order issued hereunder shall only be effective upon an amendment to such Products and Services Order executed by both Parties. Where multiple amendments to any given Products and Services Order have been executed, the last dated and executed amendment shall govern the rights and obligations of the parties, and any previously executed amendments to such Products and Services Order shall thereby be superseded.
20.3The terms and conditions of this Agreement may be varied from time to time by WEBCC. Any variation to this Agreement by WEBCC shall be binding and effective on the Premier Partner fourteen (14) days from the date WEBCC posts the variation on WEBCC’s website or e-mails the variations to the Premier Partner, whichever is earlier. The Premier Partner may object to the variations within seven (7) days from the date of the notice of the variations on WEBCC’s website or the email from WEBCC, whichever is earlier, by informing WEBCC via e-mail. Should the Premier Partner object, WEBCC shall be have the right to terminate the Agreement immediately. The Premier Partner shall ensure that the e-mail address of the Premier Partner provided to WEBCC is at all times current and updated, and any changes to the e-mail address must be notified to WEBCC at least thirty (30) days prior to such change taking place. The Premier Partner shall also white-list all e-mails from WEBCC to ensure that all e-mails from WEBCC are received by the Premier Partner.
20.4Notwithstanding Clause 20.3 above, the Premier Partner agrees that WEBCC shall have the absolute right to vary this Agreement in order to comply with any laws, rules and regulations including but not limited to the terms and conditions set forth by ICANN, and such variations shall take effect immediately upon the posting of the notice of the variations by WEBCC on its website or e-mail of the notice of the variations to the Premier Partner, whichever is earlier.
21ENTIRE AGREEMENT
 This Agreement constitutes the entire understanding between the Parties relating to the particular subject matter and supersedes any previous agreements, understandings or commitments between the Parties or representations made by either party whether oral or written with respect thereto.
22NO PARTNERSHIP
 Nothing herein shall be deemed to constitute a partnership or joint venture between the Parties or to constitute one Party the agent of the other for any purpose whatsoever and neither Party shall have the authority to bind the other Party without prior written consent of the other Party.
23NOTICES
 All notices, requests, demands and other communications required or permitted by this Agreement shall be in writing in the English language and (a) delivered by messenger, (b) transmitted by telecopier; (c) delivered by a reputable international courier service, with courier charges paid or payable by the sender; or (d) by electronic mail to the recipients’ last known address.
24GOVERNING LAW, DISPUTES AND ARBITRATION
 
24.1This Agreement and the rights and obligations of the Parties hereunder shall be governed by and interpreted and construed in all respects in accordance with the laws of Malaysia.
24.2Any dispute, controversy or claim arising out of or relating to this contract that cannot be settled in good faith through negotiations between the Parties, or the breach, termination or invalidity thereof, shall be decided by arbitration in the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”) in accordance with the rules of the KLRCA which are deemed to be incorporated by reference into this clause. The arbitral tribunal shall consist of one (1) arbitrator jointly appointed by the Parties. In the event the Parties do not agree on the appointment of an arbitrator within fourteen (14) days of a request for arbitration by either Party, the Director of the KLRCA shall appoint the arbitrator. The language of the arbitration shall be English, and the determination of the arbitral panel shall be final and binding on the Parties. Either Party may seek any interim or preliminary relief from any court of competent jurisdiction in Kuala Lumpur, Malaysia necessary to protect any rights or property of either Party as the case may be pending the completion of arbitration.
 ANNEXURE 1
Obligations of the Parties
 Obligations of the Premier Partner
 
imarket, sell, distribute and use WEBCC’s Products and Services in accordance with the terms and conditions set forth in the Products and Services Order(s) as shall be executed between the Parties;
iicomply with all the terms and conditions of each Products and Services Order, including but without limitation, all terms of payment, billing, invoicing and customer support, in the manner set forth therein. WEBCC may provide any services directly to any customer of the Premier Partner without liability to the Premier Partner;
iiipromote WEBCC’s Products and Services and, if required by WEBCC, to prominently display the WEBCC Marks on the Premier Partner’s website. In the event WEBCC changes, replaces or otherwise modifies any specific WEBCC Marks provided to the Premier Partner, the Premier Partner shall replace such marks with the new mark provided within ten (10) days of receipt of the same;
ivrefrain from referring to WEBCC its Program or the Products and Services on the Premier Partner’s website, in any manner, without obtaining WEBCC’s prior written consent;
vrefrain from making any representations or warranties about WEBCC’s website, Program or the Products and Services that have not been approved by WEBCC in writing;
vibe solely responsible for the development, operation and maintenance of the Premier Partner’s website and for all materials that appear on that website. Such responsibilities include, but are not limited to, the technical operation of the Premier Partner’s website and all related equipment; the accuracy and propriety of materials on the Premier Partner’s website; and to ensure that materials posted on the Premier Partner’s website do not violate or infringe upon the rights of any third party and are not libellous or otherwise illegal.
viiperform its obligations under this Agreement in accordance with WEBCC’s rules, regulations and policies including but not limited to the Domain Name Registration Agreement and the Acceptable Use Policy
viiinot, disparage WEBCC, WEBCC’s Marks, WEBCC’s website or any of WEBCC’s Products and Services, or display any such items in a derogatory or negative manner on the Premier Partner’s website;
ixat all times provide true, accurate and current contact information in relation to itself on its website and materials so as to enable Registrants and/or potential registrants to contact the Premier Partner regarding the Products and Services;
xfor each approved domain name registration, renewal and transfer, the Premier Partner shall be solely responsible for billing its Registrant(s) or its resellers and shall assume all risk of non-payment by the Registrant(s) or its resellers;
xito open a client account with WEBCC and thereafter maintain sufficient amounts / the minimum amount required to facilitate domain name registrations;
xiipay to WEBCC any such amounts payable in the amounts and manner as prescribed by WEBCC from time to time;
xiiiuse WEBCC’s standard forms and Registration Agreement for any domain name registration made through the Premier Partner. The Premier Partner shall provide WEBCC with all such details and data of a Registrant collected by the Premier Partner. The Premier Partner shall be responsible for verifying and ensuring the details and information provided to WEBCC are true, accurate and current;
xivuse the Interface Tool and any other tools provided by WEBCC in a careful and proper manner and conform with all directions or instructions provided by WEBCC and in accordance with all relevant and applicable legislations and regulations;
xvensure that no harm and/or damage is done to WEBCC’s server(s) and tools in carrying out its obligations under this Agreement;
xviattend to and resolve any complaints lodged or filed by Registrant(s), save for those of a technical nature, and endeavour to resolve any such complaints in a manner which is non-derogatory to WEBCC;
xviiprovide timely and appropriate support required by the Registrants. The Premier Partner acknowledges and agrees that in the event it fails to provide any such support in a manner deemed fit by WEBCC, WEBCC reserves the right to move any such domain names parked under the Premier Partner to such other partners of WEBCC as deemed fit by WEBCC;
xviiiprovide WEBCC with complete and accurate information of the Premier Partner as required by WEBCC and notify WEBCC regarding any change to the Premier Partner’s information including but not limited to a change in name and business, at least thirty (30) days prior to such change taking place;
xvxnot, at any time, grant to its customers (i.e. registrants), whether by contract or otherwise, any rights, benefits or interests which are greater or more favourable than those granted by WEBCC to Premier Partner under this Agreement;
xxobligate all its customers (i.e. registrants), including future customers and existing customers whether or not they are seeking to renew any Products and Services, and make it a pre-condition of providing the Products and Services to its customers to agree to the Domain Name Registration Agreement and the Acceptable Use Policy (collectively called the “Documents”) by incorporating the Documents in the online order form and requiring the customer to accept and acknowledge the Documents. The Premier Partner shall in such online order form clearly identify WEBCC so as to make it patently clear to its customers that WEBCC is the contracting party under the Documents;
xxibind all sub-resellers to the terms and conditions substantially and materially similar to the terms of and conditions of this Agreement; and
xxipromptly provide to WEBCC all relevant notifications and information as required by ICANN and WEBCC from time to time and, in the event the Premier Partner notifies or fails to do so, WEBCC may, but shall not be obliged to, submit such notifications to ICANN on behalf of Premier Partner at WEBCC determines is necessary to protect WEBCC’s interests.
 

Obligations of WEBCC

WEBCC shall:

 
iprovide such domain name registration service as may be required by the Premier Partner with the relevant registry operator(s);
iilicence to the Premier Partner the approved WEBCC Marks (in accordance with the terms of this Agreement) and furnish the material and information in relation to the Products and Services to be promoted, distributed or marketed by the Premier Partner;
iiiprovide the Premier Partner with such forms and agreements required for any domain name registration; and
ivprovide the Premier Partner with the Interface Tool to enable the Premier Partner to register domain name(s) on the internet on behalf of the Registrants.

สั่งซื้อผลิตภัณฑ์และบริการ

 

DOMAIN NAME

Last modified : 11 April 2019

 
1.Products and Services Order (PSO)
 
1.1This Products and Services Order (“PSO”) is issued pursuant to the Premier Partner Agreement ( “Agreement”) between the Premier Partner and Web Commerce Communications Ltd. (“Registrar”), and shall apply to all gTLDs and ccTLDs registration and related services provided by the Premier Partner through the Registrar. All capitalized terms used in this PSO not otherwise defined herein shall have the meaning assigned to them in the Agreement.
2.Definitions
 
2.2“gTLDs” means generic top level domain names which are approved by ICANN
2.3“ccTLDs” mean 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.
2.4“Reseller Panel” means the web-based interfaces provided by Registrar which allows the Premier Partner to manage its customers and services.
2.5“Registrar Services” means Domain Name registration services and other related services in gTLDs and ccTLDs.
2.6“Registrar’s Policies” shall mean and refer to WEBCC’s registration and policies.
2.7“Registrar’s Site” means the web site located at www.webnic.cc.
3.Premier Partner Requirements
 
3.1

The Premier Partner agrees to use the Registrar’s Services to

  • register second-level and third level gTLDs and ccTLDs as shown in the Reseller Panel for all gTLDs and ccTLDs registration services offering and
  • provide other services in the gTLDs and ccTLDs.
3.2The Premier Partner shall be notified on the renewal dates of the Registrant(s)’ gTLDs and/or ccTLDs by WEBCC using commercially reasonable efforts to provide email notification at least sixty (60) days before any of the gTLDs and/or ccTLDs registration expiry date. Premier Partner shall be responsible to inform each of their Registrant(s) when any of the gTLDs and/or ccTLDs registration is due for renewal at least thirty (30) days prior to the expiry term.
3.3In utilizing the Interface Tool the Premier Partner agrees to cooperate fully with the Registrar in order to establish and maintain the Interface Tool. All scripting may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the Parties hereto.
3.4The Premier Partner shall strictly comply with the Registrar’s Domain Name Registration Agreement and applicable Registrar Policies provided under the Registrar’s Site or such other internet site as may be designated by the Registrar from time to time. Registrant(s) who buy or register the Registrar’s Services through the Program will be deemed to be customers of the Registrar. Accordingly, the Premier Partner shall ensure that all of the Registrar’s Policies concerning Registrant(s) applications, Registrant (s) services, and sales of the Registrar’s Services will apply to those Registrant(s).
3.5The Premier Partner will integrate available gTLDs and/or ccTLDs into “search results” under the available domain name search function during the term of this Agreement if such functionality is available on the Premier Partner’s web site(s) at any time during the term of this Agreement.
3.6For each approved gTLDs and ccTLDs registration, renewal and transfer, the Premier Partner shall be solely responsible for billing its Registrant(s) or its resellers and shall assume all risk of non-payment by Registrants or its Resellers.
3.7The details of the Premier Partner gTLDs and ccTLDs registration services offering are documented in the Reseller Panel. Premier Partner shall be liable to pay the Registrar the gTLDs and ccTLDs registration, renewal and transfer fees as shown in in Reseller Panel.
3.8During the domain name registration or renewal process, name servers would be requested while the domain name is being registered, renewed or transferred. If there are no name servers being entered for the domain name, the domain name may be automatically placed on name servers provided by WEBCC which will be redirected to “Under-Construction” page (collectively called the “Parked Domain“). There is no charge for Parked Domain and by not designating name servers during the registration process, the Registrar is authorised to place the “Under-Construction” page, and its associated contents, on the Parked Domain until any modification of name servers. For the avoidance of doubt, this service shall be at the absolute discretion of the Registrar.
3.9In the event of the expiry of the domain name but prior to its renewal, the domain name will be redirected to the “Domain Expired” page (collectively as “Parked Expired Domain“). There is no charge for the Parked Expired Domain and by not renewing the domain name, the Registrar is expressly authorised to place the “Domain Expired” page, and its associated contents, on the Parked Expired Domain. The name server shall be reconfigured to the original name server setting (or “un-park” the Domain Name) after the domain renewal process is complete.
3.10The Parked Domain and Parked Expired Domain pages may contain advertisements and other materials selected by the Registrar, in its sole discretion. This may include, but is not limited to third-party Web sites, third-party product and service offerings, and/or Internet search engines.
3.11The Premier Partner shall ensure that each transmission and transaction in relation to the domain name registrations, payments, communications and cancellations shall be authenticated or encrypted using such protocol or method as required by the Registrar, which protocol or method may be updated or modified from time to time by the Registrar with reasonable notice to the Premier Partner. The Premier Partner hereby agrees to employ adequate security measures to ensure the security of data exchanged and shall promptly inform the Registrar on the detection of any hacking, crawling, compromised passwords or other security breach.
3.12The Premier Partner shall solely at its own cost and expense be responsible for the setting up of all relevant infrastructure, including but not limited to, installation, setting-up, suitable configuration of its equipment (which includes hardware and software) for the efficient provision of the domain name registration services.
3.13The Premier Partner shall respect the privacy of Registrant(s), whereby the Premier Partner shall not subscribe to unsolicited e-mails, spamming activities or abusive registration activities.
3.14The Premier Partner acknowledges that the Registrar has the right, in its sole discretion, to reject any application; register, modify and renew domain names; and cancel, transfer or otherwise modify domain name registrations in accordance with the Registrar’s Policies.
3.15In the event of the domain is involve in dispute case, of any kind, that require court proceeding, Premier Partner shall be liable to take the responsibility to pay on the domain renewal fees throughout the proceeding period.
4.Support Service by the Registrar
 
4.1

The Registrar will provide reasonable amount of telephone, e-mail or fax-back technical support, 24 hours a day, 7 days a week to the Premier Partner pertaining to

  • registration, renewal or transfer of domain name registered with the Premier Partner or any domain name under the Premier Partner’s partner account or database,
  • the access and interface between the Premier Partner,
  • the Premier Partner’s domain name account or domain name database, and
  • billing and payment related issues. All support will be provided in English language or any other languages at Registrar’s discretion.
5.Ownership and License
 
5.1The Premier Partner hereby acknowledges that it shall have no right, title or interest in and to the domain name or data elements in the domain name database and zone files, including but not limited to domain name, the Registrant(s)’ contact persons and name servers information.
5.2The Registrar hereby grants the Premier Partner a non-exclusive, and non-transferable license to use the Interface Tool for the term of this Agreement solely for the purpose of enabling the Premier Partner to conduct the business of domain name registration in accordance with the terms of this Agreement. The Premier Partner agrees to employ adequate security measures to prevent use of the interface tool and software for any other purpose. The Registrar may from time to time make modifications to the software and the Interface tool licensed hereunder that will enhance functionality.
5.3Subject to its absolute discretion, the Registrar may grant to the Premier Partner a limited, non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free license to access the Registrar ‘s domain name lookup servers which host the Registrar ‘s customer database (“Whois Database”), and to use the Interface Tool and any other tools provided by the Registrar , only for the purposes of determining the availability of character strings to register as domain name, and for submitting orders to the Registrar for the Registrar ‘s Services. Without limiting the foregoing, the Premier Partner shall not access the Whois Database to (i) allow, enable or otherwise support the transmission by e-mail, telephone, or facsimile of mass unsolicited, commercial advertising or solicitations; (ii) enable high volume, automated, electronic processes that send queries or data to the Registrar or its systems, or to the Whois Database of any the Registrar’s registrar or the Whois Database of the Registrar global registry, except as reasonably necessary to register the domain name or modify existing registrations. The Premier Partner shall not sell or redistribute any data gathered from any WEBCC Whois Database. In addition, the Premier Partner shall not use the Interface Tool or any other tools provided by the Registrar with any other domain name registration service provider.
6.Proprietary Rights
 
6.1The Premier Partner acknowledges that any and all of the copyrights, trademarks and other intellectual property rights subsisting in or used in connection with the domain names including all documentation manuals, information and materials, in whole or in part, to be supplied by the Registrar hereunder, are and shall at all times remain the property of the Registrar .
6.2The Premier Partner acknowledges that it may only use such copyright, trademarks or other rights belonging to the Registrar with the consent of the Registrar. Upon the termination of this Agreement, the Premier Partner shall forthwith discontinue such use without any right of compensation for such discontinuation.
6.3The Premier Partner shall refrain from using or seeking to register any trademark or trade name which is identical to or confusingly similar to or incorporates any trademark or trade name which the Registrar owns or claims rights to during or after the termination of the Agreement.
6.4The Premier Partner shall bring to the attention of the Registrar promptly any improper or wrongful use of any trademark, trade name or other intellectual property rights owned or claimed to be owned by the Registrar which may come to its notice and shall assist WEBCC in taking all necessary steps to protect and defend such rights at the expense of the Registrar.
7.Confidentiality
 
7.1The Premier Partner shall maintain the Confidential Information in confidence and to use it only for the purposes of the Agreement and for no other purpose and in particular, but without prejudice to the generality of the foregoing, not to make any commercial use thereof or use the same for the benefit of itself or of any third party other than pursuant to the Agreement.
7.2The Premier Partner shall not copy, reproduce or reduce to writing any part of the Confidential Information except as may be reasonably necessary for the purposes of the Agreement and that any copy, reproduction or reduction to writing so made shall be the property of the Registrar.
7.3The Premier Partner shall not disclose the Confidential Information whether to any of its employees or to any third party except in confidence to such of its employees or to any third party who need to know the same for the purposes of the Agreement and provided that such employee and third party are obliged by their contracts of employment or service not to disclose the same.
7.4The Premier Partner shall apply no lesser security measures and degree of care than those which the Registrar applies to its own confidential o proprietary information which the Registrar warrants as providing adequate protection of such information from unauthorized disclosure, copying or use.
8.Pricing and Payment
 
8.1For each gTLDs and ccTLDs application submitted by the Premier Partner that results in any Domain Name registration, renewal or transfer, on or after the date set forth in the PSO to which this Reseller Panel , the Premier Partner shall pay the Registrar a domain name service fee per registration year as detailed in the Reseller Panel.
8.2Prior to accepting any domain name registrations, renewals and transfers Premier Partner shall make payment to the Registrar by offline payment method, wire transfer or credit card, in U.S. currency, pursuant to Payment method at
payment methods page(the “Deposit Fund”). As the Registrar accepts domain name registrations, renewal or transfer from the Premier Partner, the Registrar shall deduct against the prevailing balance of the Deposit Fund the value of the domain name registration, renewal or transfer fee payable by the Premier Partner. If the value of the fees debited against the Deposit Fund exceeds the value, further registrations will not be allowed and the account will be suspended until the Premier Partner replenishes the Deposit Fund in the manner as set out in payment methods page. Amounts transferred by the Premier Partner to the Deposit Fund will take at least ONE (1) business day for clearance. The Premier Partner will be allowed to commence the registration services after the Registrar confirms receipt of the money.
9.General
 
9.1The Premier Partner understands and agrees that the Registrar, in its sole discretion, will establish, and may modify from time to time, the Registrar’s Services. The Registrar reserves the right, to reject any order for any Registrar’s Services pursuant to the Agreement and this PSO.
9.2The term of this PSO shall be concurrent with the term of the Agreement. The termination or expiration of the Agreement shall cause this PSO to immediately terminate on the date of the termination or expiration of the Agreement.
9.3This PSO may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute a single agreement.
9.4The Premier Partner agrees to comply with any terms and conditions required by the applicable registry, domain provider or supplier in connection with any of the services being made available by the Registrar hereunder. The Premier Partner represents and warrants that any information provided by or through the Premier Partner to the Registrar in connection with the services hereunder is accurate and complete, and submitted in the form required by the applicable registry domain provider or supplier.
9.5The Premier Partner acknowledges that ICANN and the registries may impose certain changes or new restrictions or obligations on the Registrar to which the Premier Partner shall comply, if applicable, or require the Premier Partner’s customers to comply, if applicable. The Registrar shall make reasonable efforts to notify the Premier Partner of any such changes, new restrictions or obligations as quickly as possible.
9.6

The Premier Partner and the Registrar acknowledge that additional services may become available through the Registrar after the effective date of this PSO, including but not limited to services related to domain name that are not provided for herein and additional domain name services in the future (“Additional Services”), and that the Premier Partner does not wish to sign an additional PSO in order to be able to offer any Additional Services. Therefore, in the event any Additional Services become available, the Premier Partner and the Registrar agree that

  • the Registrar may, in its sole discretion, forward to the Premier Partner a document bearing the signature of an authorized Registrar’s representative and containing terms and conditions that will apply to any distribution or other use by the Premier Partner of any such Additional Services (“Governing Terms”);
  • in addition to the terms and conditions set forth in this PSO, the Governing Terms shall govern the Premier Partner’s and the Registrar ‘s rights and obligations in connection with the distribution, promotion or other use by the Premier Partner of any such Additional Services;
  • the Premier Partner’s distribution, promotion or other use of the Additional Services in the ccTLD(s) referenced in the Governing Terms shall constitute the Premier Partner’s acceptance of and agreement to be bound by the Governing Terms; and
  • no changes to the Governing Terms shall be effective between the Parties except for those set forth
    • in a subsequent document signed by an authorized Registrar’s representative and provided to the Premier Partner, or
    • in a subsequent writing signed by the Parties hereto. The parties agree that the method of contract formation described in this section is only one method that may be used at the option of the Registrar, and that the Premier Partner may agree to additional terms and conditions by accepting such terms and conditions in the manner directed in writing by the Registrar.
9.7

The fees and charges related to the accreditation of registrars and registration of domain names, all fees and charges are exclusive of Goods and Services Tax (GST), which premier partner shall bear. If premier partner is required under any law, regulation or other government order to deduct or withhold any sum as taxes, levies, duties or any other fee imposed on any amount payable to any country pursuant to this Agreement, the amount payable to registrar shall be increased with such amount to ensure that registrar will receive a net amount which registrar would have received in the absence of any such deduction or withholding.

 

Addendum
Effective 1 January 2015, all transaction by Singapore Premier Partner with Registrar for .SG ccTLDs’ shall be subject to Goods and Service Tax (GST):

  • Goods and Service Tax (GST) rate is 7%. The rate shall amend from time to time follow by the Section 16 GST ACT 2005
  • Only applicable to Singapore Premier Partner
  • Our Goods and Service Tax (GST) tax reference number: SG 200607146E
 

Effective 1 April 2015, all transaction by Malaysia Premier Partner with Registrar for .MY ccTLDs’ shall be subject to Goods and Service Tax (GST):

  • Goods and Service Tax (GST) rate is 6%. The rate shall amend from time to time follow by the GST ACT 2014
  • Only applicable to Malaysia Premier Partner
  • Our Goods and Service Tax (GST) tax reference number: 002095611904

ข้อตกลงการลงทะเบียน (version 5.9)

Last Modified: 19th August, 2015
This Domain Name Registration Agreement (“Registration Agreement”) sets forth the terms and conditions which govern the registration of a domain name and the relationship between the Registrar and the Registrant in relation thereto.
In consideration of the Registrar agreeing to contract with the Premier Partner upon specific terms and conditions the Registrant agrees to enter into this Registration Agreement with the Registrar.
A Registrant is advised to read this Registration Agreement carefully and take note of the contents thereto.
This Registration Agreement is to be read together with the Registrar’s applicable rules, regulations, policies and procedures, as amended and/or supplemented by the Registrar from time to time, and published by the Registrar at www.webnic.cc (the “Registrar’s Policies”).
By submitting a domain name application to a Premier Partner the Registrant acknowledges that the Registrant has read, understood, accepted and agrees to be bound by all the terms and conditions of this Registration Agreement.
TERMS AND CONDITIONS
1. DEFINITIONS
The following are the definitions of various terms used in this Registration Agreement:
“Services”means the domain name registration services provided by the Registrar;
“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 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.
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:
  • 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.

นโยบายการใช้งานที่ยอมรับได้

 

Last Modified :3th September 2014

This Acceptable Use Policy (“AUP”) sets out the policies of the Registry and Domain Provider(s) and Web Commerce Communications Ltd. (“WEBCC”) relating to the computer systems, hardware, servers, bandwidth, telecommunications transport and e-mail routing provided by WEBCC, Registry and Domain Provider(s) (the “Network”) . WEBCC created this AUP to promote the integrity, security, reliability and privacy of the Network, Domain Name and WEBCC.

 

This AUP is to be read together with the Domain Name Registration Agreement WEBCC (“Registration Agreement”) and all other applicable policies that may be published by the WEBCC from time to time whether referenced in this AUP or not. Words and phrases used in this AUP shall have the same meaning attributed to them in the Registration Agreement unless otherwise specified or the context clearly otherwise requires.
Users are prohibited from using, transmitting data through, or inviting any third party to transmit data through the Network except in strict accordance with this AUP. This AUP is not meant to be a mechanism to resolve disputes between domain name registrants and third parties but sets forth only the permissible use of the Network and Domain Name.

 

By signing or agreeing to the Registration Agreement, the Registrant acknowledges and agrees to abide by and ensure that its users are subject to the applicable policies set forth in the AUP, as published by WEBCC. The violation of the AUP by the Registrant may result in the suspension or termination of any domain name registration by WEBCC.

 
    • INTRODUCTION
      • WEBCC supports the free flow of information and ideas over the Internet. Accordingly, WEBCC and the Registry and Domain Provider(s) do not actively monitor, nor do they exercise editorial control over the content of any message or web site accessible through the Network and Domain Name.
      • However, the Registry and Domain Provider(s) and WEBCC reserve the right to remove any materials that, in the Registry and Domain Provider(s)’ and/or Registrar’s sole opinion, are potentially illegal, may constitute copyright infringement, may subject the Registry and Domain Provider(s) and/or Registrar to liability, or otherwise violate this AUP and/or the Registration Agreement.
 
    • COMPLIANCE WITH LAW: RESPECTING RIGHTS
      The Services may be used only for lawful purposes. The transmission, distribution, promotion, marketing or storage of any material on or through the Network and Domain Name in violation of any applicable law or regulation is prohibited. This includes without limitation material:
      • that is threatening, abusive, hateful, obscene, indecent, or defamatory;
      • that involves the violation or infringement of any intellectual property rights;
      • that involves illegal exportation of software or technical information;
      • that involves the transmission, distribution, or storage of information or data which contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
      • that encourages conduct that may constitute a criminal offense; and/or
      • that violates any applicable laws.
 
    • ELECTRONIC MAIL: SPAMMING
      he Registry and Domain Provider(s) and WEBCC expressly prohibit the following activities listed without limitation hereunder:
      • Sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request for such material (“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. If a recipient asks to stop receiving such e-mails, then any further sending would constitute SPAM and is a violation of this AUP.
      • 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).
      • Transmission of viruses, Trojan Horses, access codes, backdoors, worms, time bombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, systems or data.
 
    • ABUSE
      In the event the Registrant becomes, or is aware and/or receives any report of information of abuse or illegal activity on the Network and 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 WEBCC. For purposes of this the Registrant shall develop and implement appropriate processes and procedures for tracking, receiving and handling such abuse or illegal activity.
 
    • NON-INTERFERENCE WITH REGISTRY AND DOMAIN PROVIDER(S) AND REGISTRAR’S PRODUCTS OR SERVICES
      No party may use the Network and Domain Name for actions which restrict or inhibit any person, whether a registrant of the Registry and Domain Provider(s) and/or WEBCC or otherwise, in its use or enjoyment of the Network, Domain Name or any service or product of the Registry and Domain Provider(s) and/or WEBCC. Additionally, no party shall actually, purportedly or intentionally carry itself out to be a partner of WEBCC without the prior written consent of WEBCC.
 
    • CONSUMER PROTECTION
      No party may use the Network and Domain Name for any communications or activity which may involve deceptive marketing practices such as the fraudulent offering of products, items, or services. Further, no party may furnish false or misleading information to the Registry and Domain Provider(s) and/or WEBCC or any other party through the Network and Domain Name, nor use the Network and Domain Name to facilitate the transmission of private or stolen data such as credit card information. Any message or website accessible through the Network and Domain Name shall prominently contain the contact information (including e-mail address, physical mail address, and phone number) of the person putting up and/or responsible for such message or website.
 
    • NETWORK INTEGRITY
      No party may actually, or attempt to, circumvent user authentication or security of any host, network or accounts, or penetrate security measures (“hacking”) on, related to, or accessed through the Network. This includes, but is not limited to, accessing data not intended for such user, logging into a server or account which such user is not expressly authorized to access, falsifying a username or password, probing the security of other networks, and executing any form of network monitoring which will intercept data not intended for such user. Further, no party shall effect any security breach or disrupt any Internet communications including, but not limited to, accessing data of which such user is not an intended recipient or logging onto a server or account which such user is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, and attempts to “crash” a host. Finally, no party may utilize the Network in connection with the use of any program, script, command, or sending of messages, designed to interfere with a user’s terminal session, by any means, locally or through the Internet.
       

      No party shall in actuality or attempt or threaten to, cause any harm or damage to or breach the security of the Network or WEBCC’s network, servers or products.

 
    • NON-EXCLUSIVE AND NOT EXHAUSTIVE
      This AUP is intended to be a guide as to acceptable use of the Network and Domain Name and is not exhaustive and is non-comprehensive. Therefore, should a Registrant desire to use the Network and Domain Name for a purpose which is not expressly permitted herein, the Registrant should first obtain the written consent of WEBCC and/or the Registry and Domain Provider(s) by sending a request via e-mail to policy@webnic.cc.
 
    • COMPLAINTS
      All complaints to the Registrar of any conduct (whether abusive or otherwise) which is in violation of this AUP may reported to WEBCC at compliance_abuse@webnic.cc or call +6018 2046788.
 
    • ENFORCEMENT
      Failure of the Registrant to abide by any provision of this AUP shall constitute a material breach of the Registration Agreement.
       

      In the event of a material breach, WEBCC 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. Under certain circumstances, WEBCC shall have the right to shorten the notice period given.

       

      If the breach is not remedied by the Registrant to WEBCC’s satisfaction within the time limit stipulated, WEBCC shall be entitled to suspend, terminate or delete the Registrant’s domain name without further notice or warning.

       

      However, WEBCC shall use reasonable efforts to work with the Registrants to remedy any such violations and to ensure that such violations do not recur prior to the suspension, termination or deletion of the Registrant’s domain name.

 
    • LIMITATION OF LIABILITY
      In no event shall the Registrar be liable to any user of the Network and Domain Name, customer, Registrant, or third party for any direct, indirect, special or consequential damages for actions taken pursuant to this AUP, including, but not limited to, any loss of profits, programs data, or business interruption.
       

      WEBCC shall not be held accountable for any information that is retrieved or sent via the Network and Domain Name.

 
    • MODIFICATIONS
      WEBCC reserves the right to modify the AUP at any time and any such modifications or restatements shall be deemed effective thirty (30) days after such modification are posted on WEBCC’s websites at www.webnic.cc and www.web.cc and such modifications shall be deemed binding on the Registrant.
 
  • REMOVAL OF CONTENT; RESPONSIBILITY
    The Registry and Domain Provider(s) and/or WEBCC may at its sole discretion remove any content or material or services such as URL forwarding, Email forwarding, DNS hosting, WHOIS protection, proxy service etc. from its servers posted, or terminate access to the Network and Domain Name where it has been determined by the Registry and Domain Provider(s) and/or WEBCC that any such person has violated this AUP. In any event, the Registry and Domain Provider(s) and/or WEBCC are not responsible for the content or message of any newsgroup posting, e-mail message, or web site regardless of whether such content or message was transmitted through the Network and Domain Name. As such, the Registry and Domain Provider(s) and/or WEBCC may, but are not bound to take any action against or with respect to any such content or message under this AUP.

นโยบายข้อพิพาท

Source:http://www.icann.org/en/help/dndr

 

The following policies apply to various types of disputes between registrants and third parties over the registration and use of domain names. Disputes under these policies may be filed with one of the approved dispute-resolution service providers for the given policy.

The Uniform Domain-Name Dispute Resolution Policy (below) is applicable across all gTLDs. Additional dispute resolution policies may apply to specific circumstances only in individual TLDs. These are also listed below.

 
Note: For customer-service complaints about a registrar of domain names, please see the Registrar Problem Reports Page.
 

Uniform Domain-Name Dispute Resolution Policy

The Uniform Domain-Name Dispute Resolution Policy (UDRP) has been adopted by ICANN-accredited registrars in all gTLDs (.aero, .asia, .biz, .cat, .com, .coop, .info, .jobs, .mobi, .museum, .name, .net, .org, .pro, .tel and .travel). Dispute proceedings arising from alleged abusive registrations of domain names (for example, cybersquatting) may be initiated by a holder of trademark rights. The UDRP is a policy between a registrar and its customer and is included in registration agreements for all ICANN-accredited registrars.

Charter Eligibility Dispute Resolution Policy

The Charter Eligibility Dispute Resolution Policy (CEDRP) is followed by the sponsored TLDs .aero, .coop, .museum, and .travel for challenges to registration of a domain name on the grounds that the registrant does not meet the eligibility requirements (set forth in the sponsored TLD charter) for registration of a domain name in the given TLD. Any person or entity may bring a challenge to a registered name under the CEDRP.

Eligibility Reconsideration Policy

The Eligibility Reconsideration Policy (ERP) is incorporated in agreements with registrants concerning domain name registrations in .aero. It sets out the terms and conditions in connection with any challenge to a decision by the sponsor concerning eligibility to register in .aero. This policy was developed by the sponsor of .aero. It is not an ICANN policy and is provided here for reference only. More information can be found on the sponsor’s website.

Eligibility Requirements Dispute Resolution Policy

The Eligibility Requirements Dispute Resolution Policy (ERDRP) is followed by the unsponsored restricted TLD .name. Registrations in .name must consist of an individual’s own personal name or the personal name of a fictional character (provided the registrant holds trademark or service mark rights in that character’s personal name). Numeric characters may also be used in combination with either type of personal name above. Challenges to a registration in .name on the grounds that it does not meet the eligibility requirements are filed under the ERDRP. Defensive registrations and second level domain e-mail address registrations are also subject to challenge under the ERDRP. Any person or entity may bring a challenge to a registration under the ERDRP.

.ASIA Charter Eligibility Requirements Policy

The .ASIA Charter Eligibility Requirements Policy (.ASIA CERP) applies to domain names registered in the .ASIA sponsored TLD. Registrations in .ASIA are restricted to members of the Pan-Asia and Asia-Pacific Internet community. Challenges to a registration in .ASIA on the grounds that it does not meet the eligibility requirements are filed under the CERP. Further information can be found on the .ASIA website.

.cat Eligibility Requirements Dispute Resolution Policy (Política de Resolució de Conflictes sobre Requisits d’Admissibilitat del .cat)

The .cat Eligibility Requirements Dispute Resolution Policy (.cat ERDRP) applies to domain names registered in the sponsored TLD .cat. Registrations in .cat are restricted to members of the Catalan linguistic and cultural community. Challenges to a registration in .cat on the grounds that it does not meet the eligibility requirements are filed under the ERDRP. Further information can be found on the .cat website.

Intellectual Property Defensive Registration Challenge Policy

The Intellectual Property Defensive Registration Challenge Policy (IPDRCP) applies to intellectual property defensive registrations in the .pro TLD, which is restricted to use by certified practicing members of certain professions (currently the medical, legal, and accounting professions). An intellectual property defensive registration may be registered only by the owner of an eligible trademark or service mark registration. The IPDRCP provides an avenue for challenges to Intellectual Property Defensive Registrations concerning whether such registrant meets the Registration Qualifications. Any person or entity may initiate an IPDRCP proceeding bysubmi tting a challenge in accordance with the rules.

Qualification Challenge Policy

The Qualification Challenge Policy (QCP) is followed by the unsponsoredm restricted TLD .pro, which is limited to use by licensed members of certain professions. Challenges to a registration on the grounds that the registrant did not meet the registration qualifications are filed under the QCP. A challenge to a registration under the Qualification Challenge Policy may be brought by any interested party.

Restrictions Dispute Resolution Policy

The Restrictions Dispute Resolution Policy (RDRP) applies in the unsponsored restricted TLD .biz. Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. Challenges to a registration or use of a given domain name on the grounds that it is not being or will not be used primarily for a bona fide business or commercial purpose are filed under the RDRP. Challenges under the RDRP may be initiated by any party filing a complaint with an approved dispute resolution service provider.

Start-Up Trademark Opposition Policy

The Start-Up Trademark Opposition Policy (STOP) was available only to intellectual property owners who enrolled in the IP Claim Service during the Start-up phase of the .biz registry (June 25-September 21, 2001). STOP is no longer available as a dispute resolution policy for .biz domain names. Disputes can be brought under the UDRP, RDRP or available courts of law. For more information, see the registry operator’s site.

Sunrise Challenge Policy

The Sunrise Challenge Policy (SCP) was applied only during the sunrise period for the .info TLD. Challenges under the Sunrise Challenge Policy were administered by the registry operator (Afilias). As the one hundred twenty (120) day sunrise period has closed, parties disputing the validity of a sunrise registration may utilize the UDRP or available courts of law. For more information, see the registry operator’s site.

Transfer Dispute Resolution Policy

The Transfer Dispute Resolution Policy (TDRP) applies to transactions in which a domain-name holder transfers or attempts to transfer a domain name to a new registrar. The TDRP concerns registrar disputes under the Inter-Registrar Transfer Policy, which is followed by the .biz, .com, .info, .name, .net, .org, and .pro TLDs. Proceedings under the TDRP may be filed with the appropriate registry operator or with an independent dispute resolution provider. Any ICANN-accredited registrar may initiate a TDRP proceeding against another registrar by submitting a complaint in accordance with the selected registry operator or dispute resolution providers’ supplemental rules.

Proceedings

ICANN does not maintain a current centralized index of domain name dispute resolution proceedings. Search tools for UDRP proceedings can be found at the individual dispute resolution proceedings sites of ICANN‘s approved dispute-resolution service providers, which can be found at the following link:

List of Approved Dispute Resolution Service Providers

Limited indexes of past UDRP proceedings are archived in the following link:

Archived Indexes and Statistics for UDRP Proceedings

 

Approval Process for Dispute Resolution Service Providers

ICANN is not currently soliciting additional dispute resolution service providers; however, interested parties may contact ICANN on an individual basis to express their interest. The procedures used for approving providers in the past are provided for reference below.

Organizations seeking provisional approval as service providers under any of ICANN‘s dispute resolution policies should take the following steps:

  • Become familiar with the relevant policy and associated rules.
  • Submit an application by email to (icann@icann.org) and by postal mail:
     
    Dispute Resolution Service Provider ApplicationsInternet Corporation for Assigned Names and Numbers
    4676 Admiralty Way, Suite 330
    Marina del Rey, CA 90292-6601 USA

Applications should contain:

  • An overview of the applicant’s capabilities and background in providing alternative dispute-resolution (ADR) services, including a description of theapplicant’s track record of handling the clerical aspects of expedited ADRproceedings.
  • A list of the names and qualifications of the panelists the applicant proposes to include on its published list and a description of the screening requirements applicant has used in selecting panelists to be included on its list.
  • A description of training and educational measures the applicant proposes to employ for listed panelists with respect to domain-name disputes, the relevant policy, and the associated Rules.
  • A commitment by the applicant not to prevent or discourage any of its listed panelists from serving as panelists for domain-name disputes administered by other approved providers.
  • A copy of the applicant’s proposed supplemental rules (including fee schedule).
  • Documentation of applicant’s proposed internal operating procedures. If requested, ICANN will hold this documentation in confidence.
  • A proposed schedule for applicant’s implementation of its program for administering proceedings under the policy, including a statement of applicant’s administrative capacity in terms of number of proceedings initiated on a monthly basis.
  • A statement of any requested limitations on the number of proceedings that applicant handles, either during a start-up period or on a permanent basis.
  • A description of how the applicant proposes to administer proceedings, including its interactions with parties, registrars, ICANN, and other approved providers.
  • Description of how the applicant intends to publish decisions of panels in proceedings it administers and a commitment to provide ICANN with copies of all portions of decisions of panels not published.
 

In general, ICANN examines the applications to determine whether the applicant has demonstrated its ability to handle proceedings in an expedited, global, online context in an orderly and fair manner. Attributes that are especially important include:

  • Applicant should have a track record in competently handling the clerical aspects of ADR proceedings. ICANN considers proper review of pleadings for administrative compliance and reliable and well-documented distribution of documents to the parties and panels to be essential capabilities for providers. In the absence of a well-established track record in handling the clerical function, a detailed plan for providing those abilities ordinarily must be submitted.
  • Applicant should propose a list of highly qualified neutrals who have agreed to serve as panelists. Applicant’s list should include at least twenty persons. Applicants are expected thoroughly to train the listed neutrals concerning the policy and rules, the technology of domain names, and the basic legal principles applicable to domain-name disputes. Accordingly, excessively long lists of neutrals are discouraged. The applicant should either present a list of panelists from multiple countries or, if the applicant initially presents a single-country list, propose a plan to expand its list to become multinational.
  • Applicant’s supplemental rules and internal procedures should demonstrate that applicant understands the workings of the policy and associated rules.

นโยบายการโอนโดเมน

 

Last Modified:3th September 2014

 

This Domain Name Transfer Policy (“Transfer Policy”) sets out the policies applicable to a Registrant or registrant who wishes to transfer its domain name(s) from Web Commerce Communications Ltd. (the “Registrar”) to another registrar or from a registrar to the Registrar as the case may be.

 

The Transfer Policy shall be read together with the Domain Name Registration Agreement (“Registration Agreement”) and all other applicable policies that may be published by the Registrar from time to time whether or not referenced in this Transfer Policy. Words and phrases used in this Transfer Policy shall have the same meaning attributed to them in the Registration Agreement unless otherwise specified or the context clearly otherwise requires. The following words used in this Transfer Policy shall have the meaning ascribed to them below:

 

The word “registrar” when appearing without an initial capital letter means a person or entity (other than the Registrar) accredited by ICANN to provide domain name registration services.

 

The word “registrant” when appearing without an initial capital letter means a person (individual or corporate) (other than the Registrant) that is recorded in the Whois as the owner of a particular domain name

 

Please note that the Registrar may modify this Transfer Policy from time to time in order to comply with applicable laws and terms and conditions set forth by ICANN and/or the Registry and Domain Provider(s). Any revisions or modifications to this Transfer Policy shall be effective thirty (30) days after the initial date of posting of such revisions or modifications on the Registrar’s website and such amendments shall be binding upon the Registrant or the registrant as the case may be.

 

A.Transfer process

 
  • A transfer may only be effective where the registered domain name is in an “active” status as reflected in its Whois records. A Registrant/ registrant has the right to make an informed choice to transfer its registered domain name at any time during the validity period of the registration.
  • A Registrant/registrant who wishes to change the Registrar/registrar must comply with the Registration Agreement and this Transfer Policy as applicable.
  • In the case of a registrant who wishes to transfer a gTLD domain name from a registrar to the Registrar, upon receiving a transfer request from the registrar, the Registrar will contact the registrant via e-mail to obtain the approval of the registrant. Upon receiving the approval of the registrant, the registrant must enter into the Registration Agreement with the Registrar. In the case of a registrant who wishes to transfer a ccTLD domain name, the transfer process will be in accordance with the practice of the relevant country in which the domain name is to be transferred.
  • The Registrar may deny a domain name transfer application in the following specific instances:
    • evidence of fraud;
    • Dispute Policy action;
    • court order by a court of competent jurisdiction
    • reasonable dispute over the identity of the registrant or administrative contact;
    • no payment for previous registration period (including credit-card charge backs) if the domain name is past its expiry date or for previous or current registration period if the domain name has not expired.
    • express objection to the transfer by the registrant or administrative contact (“Transfer Contact”). Objection could take the form of specific request (either by paper or electronic means) by the authorized Transfer Contact to deny a particular transfer request, or a general objection to all transfer requests received by the Registrar, either temporarily or indefinitely. In all cases, the objection must be provided with the express and informed consent of the authorized Transfer Contact on an opt-in basis and upon request by the authorized Transfer Contact, the Registrar must remove the lock or provide a reasonably accessible method for the authorized Transfer Contact to remove the lock within five (5) calendar days
    • in the case of gTLD, the transfer was requested within 60 days of the creation date as shown in the registry Whois record for the domain name. In the case of ccTLD the time period of the relevant country in which the domain name was registered will apply.
    • in the case of gTLD, domain name is within 60 days (or a lesser period to be determined) after being transferred (apart from being transferred back to the original registrar in cases where both the registrar and the Registrar so agree and/or where a decision in the dispute resolution process so directs). “Transferred” shall only mean that an inter-registrar transfer has occurred in accordance with the procedures of this policy. In the case of ccTLD the time period of the relevant country in which the domain name was registered will apply.
  • The domain name transfer may only be initiated once the then current payment as prescribed for such transfer is made and the administrative contact of the registrant has responded positively to the domain name transfer confirmation e-mail. The domain name transfer confirmation e-mail will be sent to the administrative contact of the registrant as identified in the WHOIS database of the domain name. The registrant is responsible for updating the administrative contact’s e-mail address in the WHOIS database.
  • Upon a successful transfer of a gTLD, the Registrant shall be recorded in the domain name record. Unless otherwise prescribed by the Registry and Domain Provider(s), the registrant’s information will not be modified and registration will automatically be extended by one (1) year provided that in no event shall the total unexpired term of a registration exceed ten (10) years. In the case of a ccTLD, the registration will be extended in accordance with the time period as adopted by the relevant country in which the domain name is registered. Notwithstanding the transfer of the domain name, the Registrant shall maintain all information regarding the domain name that has been transferred, for a period of one (1) year from the date of transfer and shall promptly, upon written request by WEBCC, furnish to WEBCC all such information as WEBCC or ICANN requires.
  • For a domain name transfer that has been recently renewed, the renewal year may be lost in the event that the domain name was renewed during the forty-five (45) day auto renewal grace period after the expiration date where the forty-five (45) day grace period has yet to expire. As a result, the Registrar will not responsible for the lost year and the Registrar will not credit that year to the domain. The Registrar will not intervene in the recovery of any such lost registration years that occur during the transfer of the registrant’s domain name.
  • In the case of a request by a Registrant to the Registrar to transfer a domain name registration to a registrar, the Registrar requires appropriate authorization from the Registrant in the form or manner as may be provided by the Registrar from time to time.
  • The Registrar will not be liable for any suspension or loss of the domain name registered in the Registrant’s name or any non-delivery, wrong-delivery, corruption or destruction in the Registrant’s data or any modification events beyond the Registrar’s reasonable control occurring during the process of any domain name transfer.
  • The Registrar will also not be liable for any indirect, special, incidental or consequential damages of any kind (including lost of profits) regardless of the form of action whether in contract, tort (including negligence), breach of warranties, either expressed or implied, or otherwise, even if the Registrar is advised of the possibility of such damages. The Registrar’s liability is herein limited to the full extent permitted by any applicable laws. In no event shall the Registrar’s maximum aggregate liability exceed the total amount of fees paid by the Registrant for the registration of a domain name.
  • The requirements and procedure for transfer is set out in Registrar Transfer Faqs.

ข้อตกลงการบริการการติดต่อในท้องถิ่น

 

Last Modified: 3th September, 2014

 

IT IS NOW HEREBY AGREED by and between the Parties as follows:-

This Local Contact Services Agreement (“Agreement”) is between the Registrant and the local contact (“Local Contact”) providing local contact services to the Registrant.

 

By registering the domain name through the Registrar, the Registrant hereby consents to the appointment of the Local Contact so named in the Whois database as the Registrant’s local contact and agrees to be bound by all the terms and conditions of this Agreement and applicable rules, policies and procedures, as amended and supplemented by the Registrar from time to time.

 

This Agreement shall be read together with the Domain Name Registration Agreement (“Registration Agreement”) and words and phrases used in this Agreement shall have the same meaning attributed to them in the Registration Agreement unless otherwise specified or the context clearly otherwise requires.

 
1.INTERPRETATION
 
1.1In this agreement, unless inconsistent with the context thereof or otherwise indicated, the following terms shall have the following meanings:
 
“Appointment”means the appointment of the Local Contact so named in the Whois data base as the Registrant’s local contact in accordance to the terms and conditions of this Agreement and any such documents which are expressly agreed to form part of this Agreement;
“Commencement Date”means the date of creation of the domain name registered through the Registrar or upon the date of transfer of the domain name to the Registrar;
“Confidential Information”means information of any kind submitted by either Party to the other for purposes relating to this Appointment, whether in electronic, printed or whatsoever format, irrespective of whether such information were disclosed before or after the Commencement Date or whether they were labeled as “confidential” at the time of disclosure;
“Force Majeure”means an act, omission or circumstance relied on by either one Party hereto over which that Party could not have reasonably exercised control, including but not limited to acts of God, acts of government / authorities, new or amending regulations imposed after the date of this Appointment, general strikes, fire, lockouts, riots, war, epidemics, earthquakes and other natural disasters;
“Intellectual Property”

means at any given point in time, all of the following and all rights in, arising out of, or associated therewith:

  • all trade secrets, know-how, proprietary information, technical data, improvements, technology, documentation, designs, specifications, protocols, files, records, databases, compositions, processes, models, research and development data, confidential information, and production processes and techniques, research and development information, improvements, proposals, and technical data;
  • all copyrights, copyright registrations and applications therefore and all other rights corresponding thereto throughout the world;
  • trademarks, trade names, service marks, service names, trade dress, logos, Internet web site graphics, and corporate names, together with all goodwill associated therewith and including, without limitation, all translations, adaptations, combinations and derivations of each of the foregoing;
  • any similar, corresponding or equivalent rights to any of the foregoing anywhere in the world; and
  • all copies and tangible embodiments of the foregoing (in whatever form);
“Parties”means the Registrant and Local Contact collectively and “Party” means any one of them;
“Working Day”means any day, other than a Saturday or Sunday or gazetted public holiday in Malaysia.
  
1.2Words importing the singular shall also include the plural and vice-versa where the context so admits.
1.3Clause headings are inserted for convenience of reference only and shall not in any way affect the interpretation or construction of the terms and conditions.
2.APPOINTMENT
 
2.1The Appointment shall apply to any Registrant that requires the registration of the gTLD(s) and ccTLDs as details at Exhibit A (“Services”).
3.DURATION OF APPOINTMENT
 
3.1The Appointment shall commence and take effect on the Commencement Date and shall remain valid until the expiry of the domain name unless otherwise renewed by the Registrant; provided always that the domain name remains under the Services.
3.2Upon issuance of the renewal notice in Clause 3.1, this Appointment shall be automatically renewed and extended without a break in continuity. The terms and conditions hereunder including the covenant for renewal set out in Clause 3.1 shall remain the same for the renewal period, unless otherwise mutually agreed to in writing by the Parties.
4.Fees
 
4.1In consideration of the Local Contact performing the Services contemplated herein, the Registrant agrees to pay the fees for the Services as details in the Reseller panel.
4.2In any case and for any reason that the domain name subscribed though the Local Contact is deleted or transferred before the end of the domain name registration period, the Registrant shall not be entitled to any form of refund.
5.REGISTRANT’S OBLIGATION
 
5.1

The Registrant warrants that the registration of the domain name under the Services does not

  • infringe any third party rights (such as trademark rights, rights to a name, and/ or copyrights);
  • result in any illegal activities, including but not limited to spamming, phishing and trading of pirated and illegal merchandise;
  • infringe any laws or regulations of any country.
5.2The Registrant shall inform the Local Contact immediately in writing by post, fax or e-mail in the event the Registrant and/ or the registration of the domain under the Services is threatened with legal action. This Agreement will endure to the benefit of, and be binding on, the parties and their respective administrators, executors or other legal representatives, successors and permitted assigns.
5.3The Registrant shall reply in detail all the Local Contacts’ inquiries with respect to the domain name registration under the Services by post, fax or e-mail within -Forty-Eight Hours (48 hours). In the event of a legal dispute, the Local Contact reserves the right to shorten the response time.
5.4The Registrant is responsible for keeping the Registrant’s contact data up-to-date with the Local Contact at all times.
5.5If the Registrant is not contactable via the contact information provided or the Registrant does not reply to a query by the Local Contact within the time limit granted, the Local Contact reserves the right to take all necessary action, in particular to suspend, delete or release the domain name.
5.6The Registrant shall promptly give the Local Contact the right to disclose the Registrant’s information to the Registrar if required by the Registrar.
6.THE LOCAL CONTACT’S OBLIGATION
 
6.1The Local Contact undertakes to fulfill all tasks assigned to it as a Local Contact provider to protect the Registrant’s interests. In addition, the Local Contact will comply with the instructions provided so long as it does not contravene any country’s laws or any of the Agreement.
6.2The Local Contact shall duly inform the Registrant of any questions concerning the domain name registration under the Services.
7.RESOLUTION OF DISPUTES WITH THIRD PARTIES
 
7.1In the event the Local Contact directly or as the Registrant’s representative, is called upon by a third party to release or delete the domain name, the Registrant shall within the time limit set in Clause 5.3 declare in writing whether the Registrant intends to defend the domain name or whether the domain name is to be released.
7.2Should the Registrant agree to release the domain name, the Local Contact will either delete the domain name or release the domain name to the third party. The Local Contact shall then inform the third party of the domain name being release and consequently the Agreement shall be terminated. A termination notice will not be required.
7.3Should the Local Contact not receive any reply from the Registrant within the time limit set in Clause 5.3 by the Local Contact, the Local Contact reserves the right to proceed with the action documented in accordance with Clause 7.2 above.
7.4Should the Registrant inform the Local Contact that on its intent to defend the domain name, the Registrant shall indemnify the Local Contact against any possible legal action and the Registrant shall be responsible to pay for all expenses and damages that the Local Contact has and/or may incur by acting as a Local Contact for the domain name of the Registrant. Should the Registrant not comply with the aforementioned obligations, the Local Contact shall be entitled to proceed with the action documented in accordance with Clause 7.2 above.
8.INDEMNITY
 
8.1The Local Contact agrees to indemnify and hold the Registrant and its affiliates, business partners and their respective officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind arising out of the domain registration, or the violation of the registrant of any terms of this Agreement, applicable laws or the rights of any third party.
8.2The Registrant agrees to indemnify and hold the Registrar and the Local Contact and its affiliates, business partners and their respective officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind arising out of the domain registration, or the violation of the registrant of any terms of this Agreement, applicable laws or the rights of any third party.
9.CONFIDENTIALITY
 
9.1

The Parties shall not, at any time during or after the term of this Agreement or any extensions thereof (as the case may be), divulge or allow to be divulged to any person any Confidential Information relating to the affairs of the other Party and undertake to protect the Confidential Information of the other Party using no less than the standard of care which it treats its own Confidential Information unless such information:

  • is available to the public other than as a result of a disclosure by either Party or its employees, directors or shareholders; or
  • becomes available to either Party on a non-confidential basis from a source other than the other Party who is not under a known obligation of confidentiality; or
  • was demonstrably known to either Party on a non-confidential basis prior to disclosure by the other Party; or
  • is required by any governmental, regulatory authority, court order or law representatives who represent client that filed or preparing to file a lawsuit in which case the disclosing Party shall be given the right to comment on the proposed disclosure of Confidential Information prior to such disclosure.
9.2These obligations of confidentiality shall survive the expiration or termination of this Appointment for a term of three (3) years from the date of expiration or termination of this Appointment.
9.3Notwithstanding the foregoing provisions, the Local Contact acknowledges that the Registrant may from time to time need to disclose the terms of this Appointment to its financiers and the Local Contact hereby consents to the same.
10.TERMINATION
 
10.1The Registrant may terminate this Appointment at any time without assigning any reason or cause whatsoever through the online function made available by Registrar.
10.2

Notwithstanding the foregoing provisions, either Party may terminate this Agreement with immediate effect by notice in writing to the other Party upon the occurrence or threatened occurrence of any one or more of the following events:

  • if the other Party commits any material or continuing breach of any of the provisions of this Appointment and, in the case of such a breach which is capable of remedy, fails to remedy the same within fourteen (14) days after receipt of a written notice giving particulars of the breach and requiring it to be remedied;
  • if the other Party goes into liquidation, whether compulsorily or voluntarily, (unless the liquidation is for the purposes of reconstruction or amalgamation and the company resulting from such reorganization effectively agrees to be bound by and to assume all the obligations imposed on that other Party under this Appointment);
  • if the other Party makes an assignment for the benefit of its creditors or enters into a composition with its creditors;
  • if the other Party ceases to carry on its business.
10.3

Notwithstanding the foregoing provisions, the Local Contact shall reserve the right to delete the domain and terminate this Appointment with immediate effect by notice in writing to the Registrant upon the occurrence or threatened occurrence of any one or more of the following events:

  • if the Registrant transfers the domain from the Local Contact to a third party or causes the domain to be deleted before the expiry of the registration term.
  • if the Local Contact establishes that the domain name and/or the contents posted on the web site accessible through the domain name contravenes any applicable law or any country.
10.4The right to terminate this Appointment as outlined herein shall not prejudice any other right or remedy of either Party in respect of the breach concerned or any other breach.
11.CONSEQUENCES OF TERMINATION
 
11.1

Upon the due determination of this Appointment, and/or in the event of termination:

  • the Registrant shall promptly settle all payment and other sums due to the Local Contact under the terms of this Agreement;
  • the Parties hereto shall cooperate with each other to do all things reasonably necessary to bring the arrangement under this Agreement to an effective and expedient end; and
  • the Parties shall notify the Registrant of the termination, within seven (7) days of the termination.
11.2The Parties shall continue to observe and abide by their obligations as to confidentiality as set out in Clause 10 above.
11.3The determination of this Agreement for whatsoever reason shall not affect or prejudice the accrued rights and remedies of either Party.
11.4Except as otherwise expressly provided in this Appointment, neither Party shall have any further obligation to the other Party hereunder upon its due determination for whatsoever reason.
12.FORCE MAJEURE
 
12.1In the event of a Force Majeure event, the Party affected by the Force Majeure shall promptly notify the other Party in writing of the nature and extent of the Force Majeure in question.
12.2An event or circumstance shall not be excused as Force Majeure, if it could reasonably be circumvented through use of alternative sources, work-around plans, or other means as may be agreed between the Parties.
12.3Subject to Clause 12.2 above, neither Party shall be deemed to be in breach of this Appointment or otherwise be liable to the other for any delay in the performance or non-performance of any of its obligations herein under to the extent that the delay or non-performance is due to a Force Majeure of which it has notified the other Party. In such circumstances, the time for performance of the respective obligation shall be extended accordingly as appropriate.
12.4Notwithstanding the foregoing, should the Force Majeure prevail for a continuous period of thirty (30) days, the Registrant may terminate this Appointment by notice in writing with immediate effect whereupon the provisions of Clause 10 and Clause 11 above shall apply.
13.NATURE OF APPOINTMENT
 
13.1Both Parties have any power, right, or authority, to bind the other Party or to assume or to create any obligation or responsibility, express or implied, on behalf of a Party. Nothing stated in this Appointment shall be construed as constituting the Local Contact and the Registrant as partners or joint venture parties or as creating relationship of employer and employee, master and servant, or principal and agent between the Parties.
14.VOID AND UNENFORCEABLE PROVISIONS
 
14.1In the event that any provision of this Appointment is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, the Parties shall amend that provision in such reasonable manner to achieve the intention of the Parties without illegality, or at the discretion of both Parties, the offending provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
14.2Notwithstanding the foregoing, in the event that any one of the Parties considers or concludes that the purpose or effect of any such declaration is to defeat the original intention of the Parties, the Party shall be entitled to terminate this Appointment by fourteen (14) days written notice to the other Party whereupon the provisions of Clause 10 and Clause 11 above shall apply accordingly.
15.AMENDMENTS
 
15.1All modifications, additions or amendments of the terms and conditions herein appearing shall be recorded by a formal instrument in writing duly signed by the respective duly authorized representatives of the Parties.
15.2Notwithstanding the foregoing, the Registrar may modify the Appointment from time to time in order to comply with applicable laws and terms and conditions set forth by ICANN and/or the Registry and Domain Provider(s). Any revisions or modifications to this appointment shall be effective thirty (30) days after the initial date of posting such revisions or modifications on the Registrar’s website and such amendments shall be binding upon the Registrant.
16.NOTICE
 
16.1

Any written legal notice to be served on the other Party under the terms of this Agreement may be delivered by the following modes and shall be deemed to have been delivered:

  • if sent by hand to the last known address notified in writing , and upon acknowledgement of receipt thereof;
  • if sent by prepaid recorded delivery (registered post, courier, etc.) to the last known address notified in writing , within two (2) days of dispatch;
  • if sent by facsimile to the last known fax numbers notified in writing of the other Party, upon successful completion of transmission as evidenced by a transmission report generated by the transmitting equipment; or
  • if sent by email to the Registrant’s contact, upon successfully sent without being bounced back and receipt of confirmation of the email being sent.
16.2The Parties hereto shall as soon as possible give notice to the other Party of any change in their respective principal places of business, and telephone or facsimile numbers.
17.MISCELLANEOUS
 
17.1The failure of the Registrant or the Local Contact to enforce any one or more of the terms or conditions of this Agreement at any time or for any period shall not be deemed to be a waiver of the right to subsequently enforce all or any of the terms and conditions of this Agreement.
17.2Any right or remedy to which either Party is or may become entitled to under this Agreement may be enforced from time to time separately or concurrently with any right or remedy existing under this Agreement or as hereafter provided for or arising by operation of law so that such rights and remedies are not exclusive of the others but cumulative.
17.3This Agreement contains the entire agreement between the Parties with respect to its subject matter and supersedes all prior arrangements between the Parties whether written or oral.
17.4This Agreement shall be governed by and construed in all respects in accordance with the laws of Malaysia and Parties agreed to submit to the exclusive jurisdiction of the courts of Malaysia.

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

EXHIBIT A
  • .asia gTLD
  • .my ccTLD
  • .sg ccTLD
  • .kr ccTLD
  • .jp ccTLD
  • .de ccTLD
  • .mm ccTLD
  • .id ccTLD
  • .UK ccTLD

ข้อตกลงการให้บริการความเป็นส่วนตัวของ Whois

 

Last Modified: 3th September, 2014

 

This Whois Privacy Service Agreement (“Agreement“) sets forth the terms and conditions of the Registrant’s use of the Whois Privacy Service (“Service”) offered by the Registrar.

 

By using the Service, the Registrant acknowledges that the Registrant has read, understood, and agreed to be bound by the terms and conditions of the Agreement (as amended from time to time) together with any rules and regulations imposed by ICANN or relevant authorities, and any policies, terms and conditions pertaining to domain name registration services as may be adopted by the Registrar from time to time and published on its website, where applicable. This Agreement shall be subject to the Domain Name Registration Agreement (“Registration Agreement”) and words and phrases used in this Agreement shall have the same meaning attributed to them in the Domain Name Registration Agreement unless otherwise specified or the context clearly otherwise requires.

 

TERMS AND CONDITIONS

The following terms and conditions shall apply to the Service:

  • The Service
    By subscribing to the Service the Registrant agrees that each of the domain name that the Registrant has designated under the Service will be registered under the name of Whoisprotection.cc as the registrant under the Whois record;
     

    Although Whoisprotection.cc is listed as the registrant, the Registrant you will retain full domain ownership rights, such as:

    • the ability to sell or transfer each domain;
    • the ability to manage domain name servers to the settings of the Registrant’s choice;
    • the ability to create/manage/nameservers for the Registrant’s domain; and
    • the ability to renew the Registrant’s domain upon expiration
  • Provision of InformationWhen the Registrant subscribes to the Service, Whoisproetction.cc’s name, e-mail address, postal address and telephone phone and facsimile numbers for the registrant, administrative, technical and billing contacts will be made publicly available in the Whois directory for each protected domain name.
     

    The Registrant agrees that for each domain name protected under the Service, the Registrant will provide to the Registrar and maintain as current and accurate the Registrant’s name, postal address, e-mail address and telephone and facsimile numbers and the name, postal address, e-mail address and telephone and facsimile numbers for the technical, billing and administrative contacts for each protected domain name, for purposes of verification or validation of WHOIS data.

  • Applicable Fees
    The fee for each domain name registration under the Service is USD0.00 per annum. The fee shall be annually charged upon the renewal of the domain name and the subscription of the Service. No portion of this fee shall be refundable even in the event of early termination of the Service, sale or transfer of the domain name. The Registrar reserves the right to change or modify the fee for the Service at any time.
  • Term
    This Agreement shall take effect from the date of the registration of the domain name by the Registrant and shall remain valid until the expiry of the domain name, unless otherwise renewed by the Registrant, provided always that the domain name under the Service remains with the Whoisprotection.cc.
  • The Registrant’s obligations
    • the Registrant warrants that the registration of the domain name under the Service does not
      • infringe any third party rights (such as trademark rights, rights to a name, and/ or copyrights);
      • result in any illegal activities, including but not limited to spamming, phishing and trading of pirated and illegal merchandise;
      • infringe any laws or regulations of any country.
    • the Registrant’s will inform the Registrar and the whoisprotection.cc immediately in writing by post , fax or e-mail in the event you and/ or the registration of the domain under the Service is threatened with legal action.
    • the Registrant will reply in detail all inquiries from the Registrar and/or the whoisprotection.cc with respect to the domain name registration under the Service by post, fax or e-mail within -Forty-Eight Hours (48 hours) or such time as may be specified by the Registrar or the whoisprotection.cc.
  • Reservation of rights The Registrar expressly reserves the right in its sole discretion to suspend, cancel or modify the Service or to cancel/terminate the Registrant’s subscription of the Service at any time and for any reason whatsoever. The Registrar also expressly reserves the right to disclose the Registrant’s information including but not limited for the following purposes:
     
    • if required by law or government rules or requirements;
    • if required by any of ICANN’s standards, policies, procedures or practices;
    • to comply with any legal process served upon the Registrar;
    • if necessary to avoid any financial loss or legal liability (whether civil or criminal) on the part of the Registrar or any of its related companies and their directors, officers and employees; or
    • if deemed necessary by the Registrar.
     

    In the event the Registrant is named as a defendant in any civil, criminal or legal proceedings relating to the Registrant’s domain name registered under the Service, the Service for that domain name will be terminated and the Whois information will revert to the Registrant information. In addition, all verified spam complaints will also result in the termination of the Service, and consequently the Whois information will revert to the Registrant information.

  • Notice of termination
    In the event of suspension, cancellation or termination of the Service for any domain name, the Registrant agrees to suspend, cancel or terminate the Service via Registrar’s Premier Partner account. Upon suspension, cancellation or termination, the Service will cease for the specified domain name, and the Whois information will revert to the Registrant information. Additional notice or proof of cancellation is not required beyond what is available via our online interface.
     

    For the avoidance of doubt, the Registrant’s default of any of the terms and conditions of the Registration Agreement shall constitute a default under this Agreement which shall entitle the Registrar to terminate the Agreement immediately.

  • IndemnificationThe Registrant agrees to indemnify, defend and hold harmless the Registrar & Whoisprotection.cc, its 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 relating to the Service and domain name registration. This indemnification obligation will survive the termination or expiration of this Agreement.
  • Governing Law
    This Agreement, the Registrant’s rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Malaysia.
  • Limitation of liability:
    THE REGISTRAR AND ITS RELATED COMPANIES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, THE REGISTRANT’S DOMAIN NAME REGISTRATION, AND/OR THE SERVICE INCLUDING BUT NOT LIMITED TO THE USE, THE INABILITY TO USE, OR THE UNAUTHORISED USE OF THE SERVICE, AND/OR THE DOMAIN NAME. THIS LIMITATION APPLIES, REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE REGISTRAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.THE REGISTRANT FURTHER AGREES THAT IN ANY EVENT THE REGISTRAR’S MAXIMUM LIABILITY TO THE REGISTRANT SHALL BE CAPPED TO THE AMOUNT OF THE FEE PAID BY THE REGISTRANT TO THE REGISTRAR IN THE PRECEDING YEAR WITH RESPECT TO THE SERVICE WHICH GAVE RISE TO THE LIABILITY.

สิทธิและความรับผิดชอบของผู้จดทะเบียน

 

source: http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities

 

Background: One of the new provisions added to the 2009 RAA requires ICANN to develop in consultation with registrars a webpage that identifies available registrant rights and responsibilities. This published document is the result of initial input from a joint working group of the GNSO Council and the At-Large Advisory Committee and subsequent consultations with the registrars; and provides a “plain language” summary of registrant rights and responsibilities that currently exist under the 2009 RAA.

 

Introduction

This document provides some “plain language” summarization of terms related to Registrant Rights and Responsibilities as set out in the Registrar Accreditation Agreement (RAA), for posting on Registrar websites. While some of the terms included here do not specifically refer to registrants, those terms are included because of the potential import to understanding registrar/registrant relations. This document also summarizes registrant rights and responsibilities that arise within ICANN Consensus Policies and specifications, as those policies and specifications are incorporated into the RAA.’

 

The summarization of terms within this document do not override or replace the terms set forth in the RAA or within those specifications or policy.

 

Preamble

In order to register a domain name, a Registered Name Holder (also known as a Registrant) has to use the services of an ICANN-accredited Registrar. In order to become an ICANN-accredited Registrar, the Registrar must enter into a contract with ICANN, referred to as the Registrar Accreditation Agreement or the RAA. The RAA sets out various rights and responsibilities for Registrants, and Registrants have additional rights and responsibilities that are set forth in separate ICANN policies and specifications that the Registrars agree to follow.

 

The RAA and the related policies are drafted in very specific, often legal terminology. In order to help Registrants better understand the rights and responsibilities that come along with the registration of a domain name, these rights and responsibilities are being summarized and presented within a single document. The summaries provided here do not override or replace the actual terms as written in the RAA or the related policies and specifications.

 

RAA Terms of Interest

As the RAA is between ICANN and a Registrar, no one else – including a Registered Name Holder – may sue ICANN or the Registrar to claim a breach of the RAA.

Registrars may not make claims that they can provide registrants with superior access to any relevant TLD in comparison to other Registrars.

Some of the Registrar obligations are dependent upon Registered Name Holders fulfilling certain responsibilities, particularly as it relates to payment of registration fees, submission of required data points to the Registrars, and submission of accurate data and timely updates to that required data. Registrars also have specific items on which they must provide notice to Registered Name Holders, including notifications of the end of a registration term, use of Registered Name Holder’s Personal Data, and notices regarding escrowing of data for domain names registered through privacy or proxy registration services, as well as the posting of fees for the recovery of registered names.

 

Registrar Submission of Data to Registry Operators
For each relevant TLD, Registrars must submit certain data points relating to each Registered Name within a TLD:

  • The name of the Registered Name being registered (3.2.1.1);
  • The IP addresses of the primary nameserver and secondary nameserver(s) for the Registered Name (3.2.1.2);
  • The corresponding names of those nameservers (3.2.1.3);
  • Unless automatically generated by the registry system, the identity of the Registrar (3.2.1.4);
  • Unless automatically generated by the registry system, the expiration date of the registration (3.2.1.5); and
  • Any other data the Registry Operator requires be submitted to it (3.2.1.6).

Registered Name Holders are normally required to provide the Registrar with information relating to nameservers (3.2.1.2 – 3), and there may be additional data required under Section 3.2.1.6 that the Registered Name Holder must provide. If the Registered Name Holder provides an update on these data points, the Registrar has five (5) days to provide the update to the Registry Operator.

 

Whois Data
Registrars are required to have an interactive web page and port 43 Whois service that is available to the public to query free of charge. The RAA specifies certain data points that must be provided in response to a query:

  • The Registered Name (3.3.1.1);
  • The names of the primary nameserver and secondary nameserver(s) for the Registered Name (3.3.1.2);
  • The identity of Registrar (which may be provided through Registrar’s website) (3.3.1.3);
  • The original creation date of the registration (3.3.1.4);
  • The expiration date of the registration (3.3.1.5);
  • The name and postal address of the Registered Name Holder (3.3.1.6)
  • The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name (3.3.1.7); and
  • The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name (3.3.1.8).

These data points are commonly referred to as Whois data. As discussed below, Registered Name Holders are required to provide a Registrar with timely updates to Whois data for a Registered Name. Upon receiving the update, a Registrar is to “promptly” update the Whois data. Registrars may contract out the maintenance of the public query function.

The RAA allows Registrars to provide bulk access to Whois data to third parties. When providing bulk access or access to the Whois data through the public query function, the Registrar is required to restrict access for high volume queries or other restrictions on uses of Whois data as specified in the RAA, including marketing activities and mass solicitations. If a Registrar contracts the public function query to an outside party, the Registrar must require any contractor providing the port 43 service to impose the same restrictions on access to and use of the Whois data.

 

Communications with Registered Name Holders

Registrars are required to maintain records of all communications with Registered Name Holders, as well as records of information provided to Registry Operators.

 

Escrow of Registered Name Holder Data
A Registrar is required to maintain a database of all Whois data for all Registered Names registered through the Registrar’s accreditation, as well as all data the Registrar submits to the Registry Operator. In addition, the Registrar must include in the database the name and (where available) postal address, e-mail address, voice telephone number, and fax number of the billing contact for each Registered Name.

In some instances, a registrant may choose to limit the amount of personal information that a Registrar makes available in a Whois query. To do so, the name may be registered through a privacy service (allowing a registrant to conceal personal identifying information and often replacing it with the information of the privacy service). Customers may also choose to register names through a proxy service, where the proxy service is the Registered Name Holder, and the proxy service licenses the use of the domain name to the customer. In that situation, the proxy service, as the Registered Name Holder, has its information listed for most or all required data points.

When a Registered Name is registered through a privacy or proxy registration service, that affects the information that is placed in the database, and a Registrar must do one of two things: The Registrar must either (1) include in the database the name and postal address, e-mail address, and voice telephone number provided by the customer in connection with each registration, even when a privacy or proxy registration is used; or (2) at the time that a customer elects to use a privacy or proxy registration service, display a notice that the customer’s data is not being escrowed. When a customer’s data is not being escrowed, only the contact information associated with the privacy or proxy registration service will be escrowed. If a customer’s data is not escrowed, and only the information of the proxy or privacy service is maintained in the database, in the event of Registrar or Registry failure future notices may only be sent to the contact information within the database.

 

Registrar Business Dealings with Registrants
The RAA imposes many requirements on a Registrar’s business dealings, including its dealings with Registered Name Holders.

A registrar may not activate a Registered Name until it receives reasonable assurance from the Registered Name Holder that the registration fee will be paid.

The RAA sets forth actions the Registrar may take at the conclusion of the registration period if a Registered Name Holder has not provided consent to renew the registration, including the Registrar cancelling the registration at the end of the current registration term. If the Registered Name Holder did not consent to renewal, the Registrar must make sure that a Registered Name is deleted from the Registry database within 45 days of the end of the registration term.

This right for the Registrar to cancel the registration and the obligation to the delete the domain name is not absolute. Section 3.7.5.1 of the RAA sets forth a list of potential “extenuating circumstances,” that, if exist, allows the Registrar to renew the domain name even without the consent of the Registered Name Holder. These circumstances include the Registered Name being subject to a UDRP action, court order, bankruptcy proceeding, or billing dispute, among other items. The Registrar must keep a record of reasons why the Registrar renewed a registration without the consent of a Registered Name Holder.

Registrars have to provide each new registrant with notice of the Registrar’s deletion and auto-renewal policies. If the Registrar’s deletion policy changes during the time of the registration agreement, the Registrar has to make efforts to inform the registrants of those policy changes. Details of the deletion and auto-renewal policies have to be displayed on any website the Registrar operates for domain name registration and renewal, and the Registrar should also state on those sites any fee that will be charged for the recovery of a domain name during the Redemption Grace Period (the 30 day period of time during which the name is in “Pending Delete” status with the Registry).1

If a Registered Name is the subject of a UDRP dispute at the time of deletion or expiration of the registration, the UDRP complainant has the right to renew (or restore, in the case of a deletion) the domain name. If the complainant renews or restores the name, the Registrar must place the name in a HOLD or LOCK status,2 and must modify the Whois information to show that the name is subject to dispute. Section 3.7.5.7 of RAA also provides for a right for the original domain name registrant to recover or renew the name in the event the UDRP complaint is terminated without decision, or the UDRP complaint is decided in favor of the original domain name registrant.

 

The Registrar/Registered Name Holder Agreement

Registrars are required to enter into electronic or paper registration agreements with all Registered Name Holders. According to the RAA, the Registrar/Registered Name Holder Agreement must include – at minimum – the following items (as stated at Sections 3.7.7.1 – 12 of the RAA):

  • The Registered Name Holder must provide “accurate and reliable contact details” and must “promptly correct and update them” during the registration term. The details required are stated in Section 3.7.7.1.: “the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; and the data elements listed in Subsections 3.3.1.2, 3.3.1.7 and 3.3.1.8.”
  • If a Registered Name Holder intentionally provides inaccurate or unreliable information, intentionally fails to promptly update the information, or fails to respond over fifteen (15) days to Registrar inquiries about the accuracy of the contact details, the Registered Name Holder will be in material breach of the agreement and the registration may be cancelled.
  • Whoever is listed as the Registered Name Holder must provide full contact information, and is the Registered Name Holder of record. Sometimes a Registered Name Holder may register a domain name and then allow another person to use the domain name (such as a website designer registering a domain name for a client). If this happens, and the person actually using the name did not enter into the Registrar/Registered Name Holder Agreement (referred to as a “third party” in the RAA), the Registered Name Holder could be accountable for wrongful use of the domain name by the third party. This will happen if the Registered Name Holder is provided with “reasonable evidence of actionable harm” from the third party’s use of the domain name. In that situation the Registered Name Holder will “accept liability for harm caused by wrongful use of the Registered Name,” unless the Registered Name Holder discloses the user’s identity and current contact information.
  • The Registrar must provide notice of how it intends to use data provided by the Registered Name Holder and who will received the Registered Name Holder’s data. The Registrar must also provide notice of how Registered Name Holders may access and update data. Additionally, the Registrar must identify which data points the Registered Name Holder must provide to the Registrar, and what information can be provided on a voluntary basis. The Registered Name Holder must consent to all of these data processing terms.
  • If a Registered Name Holder provides the Registrar with Personal Data on behalf of any person who did not enter into the Registrar/Registered Name Holder Agreement (the “third party” discussed above), the Registered Name Holder must confirm that it (1) provided those third-party individuals with the same data processing notices that the Registrar provides, and (2) received the same consents from the third party regarding the Registrar’s data processing terms.
  • A Registrar may only process the Registered Name Holder’s data as stated in the data processing notices described above.
  • A Registrar has to agree that it will take reasonable precautions to protect the Registered Name Holder’s data from “loss, misuse, unauthorized access or disclosure, alteration, or destruction.”
  • Registered Name Holders must represent that: “to the best of the Registered Name Holder’s knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.” This means that the Registered Name Holder must represent to the Registrar that the domain name is not being registered for use in a way that would violate the legal rights of others. An example of this “infringement” could be a registration of a domain name that violates a trademark or copyright held by someone that is not the Registered Name Holder.3
  • If there is a dispute in connection with the use of the registered name, the Registered Name Holder must agree to jurisdiction of the courts in at least one of two places: where the Registrar is located (often stated on the website or in the Registrar/Registered Name Holder Agreement) or the “Registered Name Holder’s domicile.” “Domicile” is a word with legally-specific meaning, but typically will be the location the Registered Name Holder provides to the Registrar in the required Personal Data. Agreeing to jurisdiction means that the Registered Name Holder agrees that the courts in those locations have the power to decide these types of cases.4
  • The Registered Name Holder must agree that its registration is subject to “suspension, cancellation, or transfer” for the reasons stated in Section 3.7.7.11. Those reasons include: if an ICANN adopted specification or policy requires it or if a registrar or registry procedure requires it “to correct mistakes by Registrar or the Registry Operator in registering the name or for the resolution of disputes concerning the Registered Name.” For example, the UDRP is an ICANN adopted policy that specifies that an administrative panel hearing a domain name dispute could order that a domain name registration be suspended, transferred or cancelled, and the Registered Name Holder has to agree that this is a possibility.
  • The Registered Name Holder shall “indemnify and hold harmless the Registry Operator and its 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 the Registered Name Holder’s domain name registration.” At its simplest, this means that if the Registry Operator (or its employees, etc.) for the registered name is sued because of the Registered Name Holder’s domain name registration, the Registered Name Holder will pay the Registry Operator for all fees and expenses in defending against the suit as well as pay for any judgments or liabilities awarded. This “indemnification” is not solely limited to court cases.

Verification of contact information
As described in more detail below, there are specifications and policies that may be created and that apply to the Registrars. Some of the specifications or policies may address a Registrar’s obligation to verify the contact information supplied by the Registered Name Holder when the domain is first registered, as well as setting out requirements for periodic re-verification of contact information.

Registrars are also required to take “reasonable steps” to verify contact information in the event any person notifies the Registrar that contact information for a Registered Name is inaccurate. The Registrar also has obligations to act to correct inaccuracies in contact information that the Registrar becomes aware of, even if the inaccuracy was not reported by anyone.

The Registrar must also maintain proper contact information for itself, including a valid email and mailing address. This contact information should be posted on the Registrar’s website.

 

Reseller arrangements

The RAA imposes obligations on Registrars working with third-party Resellers – persons or entities that the Registrar contracts with to provide Registrar Services. The RAA now requires Registrars to include specific items in the Registrar/Reseller Agreements, including: prohibiting the Reseller from making representations that it is accredited by ICANN; requiring that all Reseller registration agreements include all provisions that the Registrar is required to include in its Registrar/Registered Name Holder Agreement; requiring the posting of all links to all ICANN websites that the Registrar is obligated to post; and identification of the sponsoring registrar. The Reseller is also required to make sure that that if a customer is using a Reseller’s privacy or proxy registration service for a domain name registration, the Reseller does one of the following three things: (1) deposit the identity and contact information of the customer with the Registrar; (2) deposit the identity and contact information in escrow; or (3) posts a notice to the customer that their contact information is not being escrowed.

The RAA also requires the Registrar to take compliance and enforcement action against a Reseller violating any of the required provisions.

 

Other Policies/Specifications

The Restored Names Accuracy Policy (http://www.icann.org/en/registrars/rnap.htm) requires that when a registrar restores a name (from the redemption grace period) that had been deleted on the basis of submission of false contact data or non-response to registrar inquiries, the name must be placed on Registrar Hold status until the registrant has provided updated and accurate Whois information.

In addition to the RAA requirement that a Registered Name Holder represent that to the best of its knowledge, the registration or use of the domain name does not infringe on the legal rights of others, the Uniform Domain Name Dispute Resolution Policy (“UDRP“) requires that same representation to be made, as well as a representation that the domain name is not being registered for an unlawful purpose, and will not be used in violation of any applicable laws.

The UDRP also requires Registered Name Holders to submit to mandatory administrative proceedings to resolve disputes under the UDRP. These mandatory administrative proceedings, as described in the UDRP, are disputes that are filed before one of the ICANN approved UDRP dispute resolution providers (listed at http://www.icann.org/en/dndr/udrp/approved-providers.htm) and following the uniform Rules for UDRP administrative proceedings (set out at http://www.icann.org/en/dndr/udrp/uniform-rules.htm). The requirement for submission to mandatory administrative proceedings does not mean that Registered Name Holders cannot also have judicial proceedings filed against them for the same or similar conduct. Similar to the jurisdictional requirements set out in the RAA, the requirement to submit to a mandatory administrative proceeding means that the Registered Name Holder cannot dispute the UDRP provider’s ability to hear a dispute that is otherwise properly brought under the UDRP.

The Policy on Transfers of Registrations between Registrars provides that Registered Name Holders have the right to transfer domain name registrations among registrars. The transfer policy imposes time limits on when the Registrar must respond to a transfer request. The right to transfer is not absolute – there are ICANN and Registry policies that may set limits on the transfer right, including: limitations on when a domain name may be transferred (measured from dates of creation or earlier transfer); and the Registered Name Holder providing of required authorization and documentation for Registrar review. The Registrar of Record may only deny a transfer in the following instances:

  • Evidence of fraud
  • UDRP action
  • Court order by a court of competent jurisdiction
  • Reasonable dispute over the identity of the Registered Name Holder or Administrative Contact
  • No payment for previous registration period (including credit card charge-backs) if the domain name is past its expiration date or for previous or current registration periods if the domain name has not yet expired. In all such cases, however, the domain name must be put into “Registrar Hold” status by the Registrar of Record prior to the denial of transfer.
  • Express written objection to the transfer from the Transfer Contact. (e.g. – email, fax, paper document or other processes by which the Transfer Contact has expressly and voluntarily objected through opt-in means)
  • A domain name was already in “lock status” provided that the Registrar provides a readily accessible and reasonable means for the Registered Name Holder to remove the lock status.
  • The transfer was requested within 60 days of the creation date as shown in the registry Whois record for the domain name.
  • A domain name is within 60 days (or a lesser period to be determined) after being transferred (apart from being transferred back to the original Registrar in cases where both Registrars so agree and/or where a decision in the dispute resolution process so directs).
 
 
 

1 A graphic representation of the life cycle of a typical gTLD Registered Name is located at http://www.icann.org/en/registrars/gtld-lifecycle.htm. This diagram may be useful to refer to for more information on the post-expiration status of domain names.

2 There are formal technical names for domain name statuses, arising out of the community-based Internet draft Request for Comments. The statuses required here are set by the Registrar. When a registration is in one of these statuses, the domain cannot be deleted and the registration cannot be modified. The Registrar must alter the status in order for any modification to occur.

3 There are many other potential ways to “infringe the legal rights” of others, and potential Registered Name Holders are encouraged to seek independent advice if they are concerned that the registration or use of a domain name may violate someone else’s rights.

4 There could be other jurisdictions that are able to decide a dispute about the use of a registered name, but those additional jurisdictions are not specified in the RAA.

นโยบายการคืนเงินของพันธมิตร Webcc Premier

 

Last Modified :28th December 2016

 

This Premier Partner Refund Policy (“Policy”) is to be read together with the Premier Partner Agreement and words and phrases used in this Policy shall have the same meaning attributed to them in the Premier Partner Agreement unless otherwise specified or the context otherwise clearly requires.

 

Please note that WEBCC may modify this Policy from time to time without any further notice. Any revisions or modifications to this Policy shall be effective thirty (30) days after the initial date of posting such revisions or modifications on WEBCC’s website (www.webnic.cc) and such amendments shall be binding upon the Premier Partner.

 
1
In the event the Premier Partner terminates the Premier Partner Agreement with or without cause by giving WEBCC sixty (60) days’ notice in writing, any refunds applicable shall be in accordance with the terms and conditions of this Policy.
2
Any refunds made will be on the whole of the amount available in the Premier Partner’s account as at the date of termination. Any requests for a partial refund on the Premier Partner’s account balance will not be entertained.
3
  • For a Premier Partner who has transacted for twenty-five (25) domain years or more from the date of the Premier Partner Agreement up to the date of termination, the Premier Partner shall be entitled to a refund of the whole of the amount available in the Premier Partner’s existing account with WEBCC as at the date of termination, subject to an administration fee of USD5.00.
  • For a Premier Partner who failed to activate the premier account and/or has transaction for less than twenty-five (25) domain years from the date of the Premier Partner Agreement up to the date of termination, the Premier Partner shall be entitled to a refund of ninety-five percent (95%) of the amount available in the Premier Partner’s existing account with WEBCC as at the date of termination, subject to an administration fee of USD10.00.
 

In a nutshell;

Transaction (Domain Years)Applicable Refund
25 or moreLess than 25
Full amount in account – USD5.0095% of amount in account – USD10.00
4
Any accrued or outstanding amounts owing and/or due to WEBCC will be deducted from the Premier Partner’s account prior to the date of refund.
5
All refunds will be in the form of a banker’s draft, banker’s cheque or local cheque. In the event the Premier Partner requires the refund to be made via wire transfer, an administration fee of USD42.40 will be levied upon the refund amount.