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”).
|A||WEBCC 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”).|
|B||WEBCC 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”).|
|C||The Premier Partner wishes to participate in the Program and the Parties are desirous of working together to provide the Collaborative Services.|
|D||The 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.|
|1||DEFINITIONS & INTERPRETATION|
|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.|
|4||OBLIGATIONS OF THE PARTIES|
|The obligations of the Parties in relation to this Agreement are set out in Annexure 1 hereto.|
|6||USE OF WEBCC’s TRADE MARKS|
|7||INTELLECTUAL PROPERTY RIGHTS|
|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.|
|9||RULES, REGULATIONS AND POLICIES|
|10||REPRESENTATIONS AND WARRANTIES|
|11||INDEMNITY AND LIMITATION OF LIABILITY|
|12||SUSPENSION AND TERMINATION|
|16||ASSIGNMENT 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.|
|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.|
|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.|
|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.|
|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.|
|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.|
|24||GOVERNING LAW, DISPUTES AND ARBITRATION|
Obligations of the Parties
|Obligations of the Premier Partner|
Obligations of WEBCC
Last modified : 11 April 2019
|1.||Products and Services Order (PSO)|
|3.||Premier Partner Requirements|
|4.||Support Service by the Registrar|
|5.||Ownership and License|
|8.||Pricing and Payment|
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
|The following are the definitions of various terms used in this Registration Agreement:|
|“Services”means the domain name registration services provided by the Registrar;
|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.|
|3.1||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.|
|4.1||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:
|4.3||The Registrar reserves the right to reject, refuse, cancel and/or delete any application if it is found that:
|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.|
|5.1||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:
|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.|
|6.1||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.|
|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.|
|8.1||The Registrant represents and warrants that at the time of application and at all times thereafter:
|8.2||The Registrar represents and warrants that:
|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.|
|9.1||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:
|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.|
|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.|
|12.1||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:
|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.|
|13.1||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.|
|14.1||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.|
|15.1||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:
|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.|
|17.1||This Registration Agreement is governed by the laws of Malaysia and the Registrant hereby consents to the exclusive jurisdiction of the courts in Malaysia.|
|18.1||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.|
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.
- 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.
- COMPLIANCE WITH LAW: RESPECTING RIGHTS
- 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.
- ELECTRONIC MAIL: SPAMMING
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.
- NON-INTERFERENCE WITH REGISTRY AND DOMAIN PROVIDER(S) AND REGISTRAR’S PRODUCTS OR SERVICES
- 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.
- CONSUMER PROTECTION
- 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.
- NETWORK INTEGRITY
- 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 [email protected].
- NON-EXCLUSIVE AND NOT EXHAUSTIVE
All complaints to the Registrar of any conduct (whether abusive or otherwise) which is in violation of this AUP may reported to WEBCC at [email protected] or call +6018 2046788.
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.
- LIMITATION OF LIABILITY
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.
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.
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.
- Uniform Domain Name Dispute Resolution
Policy — This policy is followed by all registrars.
- Rules for Uniform Domain Name Dispute Resolution Policy — These rules are followed by all dispute-resolution service providers, with supplementation by each provider’s supplemental rules.
- List of Approved Dispute-Resolution Service Providers
- UDRP Historical Documents
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.
- Charter Eligibility Dispute Resolution Policy
- Rules for Charter Eligibility Dispute Resolution Policy
- List of Approved Dispute Resolution Service Providers
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.
- Eligibility Requirements DisputenResolution Policy
- Rules for Eligibility Requirements Dispute Resolution Policy
- List of Approved Dispute Resolution Service Providers
.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.
- Intellectual Property Defensive Registration Challenge Policy
- Rules for Intellectual Property Defensive Registration Challenge Policy
- List of Approved Dispute Resolution Service Providers
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.
- Qualification Challenge Policy
- Rules for Qualification Challenge Policy
- List of Approved Dispute Resolution Service Providers
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.
- Restrictions Dispute Resolution Policy
- Supplemental RDRP Rules
- List of Approved Dispute Resolution Service Providers
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.
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:
Limited indexes of past UDRP proceedings are archived in the following link:
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 ([email protected]) 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.
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 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.
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.
|3.||DURATION OF APPOINTMENT|
|6.||THE LOCAL CONTACT’S OBLIGATION|
|7.||RESOLUTION OF DISPUTES WITH THIRD PARTIES|
|11.||CONSEQUENCES OF TERMINATION|
|13.||NATURE OF APPOINTMENT|
|14.||VOID AND UNENFORCEABLE PROVISIONS|
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
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.
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.
- the Registrant warrants that the registration of the domain name under the Service does not
- 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.
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.
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.
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 (188.8.131.52);
- The IP addresses of the primary nameserver and secondary nameserver(s) for the Registered Name (184.108.40.206);
- The corresponding names of those nameservers (220.127.116.11);
- Unless automatically generated by the registry system, the identity of the Registrar (18.104.22.168);
- Unless automatically generated by the registry system, the expiration date of the registration (22.214.171.124); and
- Any other data the Registry Operator requires be submitted to it (126.96.36.199).
Registered Name Holders are normally required to provide the Registrar with information relating to nameservers (188.8.131.52 – 3), and there may be additional data required under Section 184.108.40.206 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.
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 (220.127.116.11);
- The names of the primary nameserver and secondary nameserver(s) for the Registered Name (18.104.22.168);
- The identity of Registrar (which may be provided through Registrar’s website) (22.214.171.124);
- The original creation date of the registration (126.96.36.199);
- The expiration date of the registration (188.8.131.52);
- The name and postal address of the Registered Name Holder (184.108.40.206)
- The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name (220.127.116.11); and
- The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name (18.104.22.168).
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 22.214.171.124 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 126.96.36.199 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 188.8.131.52 – 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 184.108.40.206.: “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 220.127.116.11, 18.104.22.168 and 22.214.171.124.”
- 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 126.96.36.199. 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.
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.
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.
|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.|
|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.|
In a nutshell;
|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.|
|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.|