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This Service Agreement ("Agreement") sets
forth the terms and conditions of your use of
WWW.PH, INC. and its Principal Domain Name Registrar's
("WWW") domain name registration services
to register a Global Top Level Domain Name (GTLD), as
well as your registration of that GTLD.
To complete the registration process, you must acknowledge
that you have read, understood, and agree to be bound
by all the terms and conditions of this Agreement, the
accompanying dispute policy and any rules or policies
that are or may be published by WWW from time to time.
WWW may elect to accept or reject your domain name registration
application for any reason at its sole discretion, such
rejection including, but not limited to, rejection due
to a request for registration of a prohibited domain
name.
1. Domain Registrar and Domain Registry
WWW is an accredited registrar with the Internet
Corporation for Assigned Names and Numbers ("ICANN")
for the .com, .net and .org GTLDs. As an accredited
domain dame registrar, WWW is, upon accepting your domain
name registration application, your sponsor for that
application.
All domain name registrations that WWW register for
.com, .net and .org GTLDs are not effective until WWW
have delivered the domain name registration information
you provided to the Registry Administrator for the .com,
.net or .org GTLDs, as applicable, and the Registry
Administrator puts into effect your domain name registration.
You agree and acknowledge that WWW is not liable or
responsible in any way for any errors, omissions or
any other actions by the Registry Administrator arising
out of or related to your application and receipt of,
or failure to receive, a domain name registration.
You further agree to indemnify, defend and hold harmless
WWW and the Registry Administrator together with its
respective directors, officers, employees, and agents
from and against any and all claims, damages, liabilities,
costs, and expenses (including reasonable legal fees
and expenses) arising out of, or related to, your domain
name registration.
2. Fees
As consideration for the domain name registration services
provided by WWW to you, you agree to pay WWW, prior
to the effectiveness of the desired domain name registration,
the then-current amounts set forth in the WWW price
schedule for the initial registration of a domain name
and, should you choose to renew the registration, subsequent
renewals of the registration.
All fees are non-refundable, in whole or in part, even
if your domain name registration is suspended, cancelled
or transferred prior to the end of your then current
registration term.
WWW reserves the right to amend, increase, or decrease
fees, surcharges, renewal fees or to institute new fees
at any time, for any reason, at its sole discretion.
Your requested domain name will not be registered unless
WWW receive actual payment of the registration fee,
or reasonable assurance of payment of the registration
fee from some other entity (such reasonable assurance
as determined by WWW in its sole discretion).
In the event of a charge back by any payment provider
allowed by WWW in connection with the payment of the
registration fee for your domain name registration,
you agree and acknowledge that the domain name registration
shall be transferred to WWW as the paying entity for
that registration to the registry and that WWW reserve
all rights regarding such domain name including, without
limitation, the right to make the domain name available
to other parties for purchase. WWW will reinstate your
domain name registration solely at its discretion, and
subject to WWW receipt of the initial registration or
renewal fee and the then-current WWW reinstatement fee
currently set at PHP 5,000.00.
You will be notified when renewal fees are due. Should
these fees go unpaid within the time specified in a
final notice or final reminder regarding renewal, your
registration will be cancelled.
Payment must be made by cash or check and in such method
as WWW may indicate in the Billing Statement or Statment
of Account for domain name registration.
3. Transfer of Ownership
The entity named as the registrant contact at the time
the controlling user name and password are secured shall
be the account holder of the domain name.
You agree that prior to the effectiveness of any transfer
of ownership of your domain name to another entity,
you will pay WWW the then-current fee set forth by WWW
for the transfer of ownership of a domain name.
You further agree that as a condition of any such transfer
of ownership of your domain name, the entity to which
you seek to transfer your domain name (the "Transferee")
shall agree in writing to be bound by all the terms
and conditions of this Agreement.
Your domain name will not be transferred until WWW receive
such written assurances, and actual payment of the transfer
fee, or reasonable assurance of payment of the transfer
fee from some other entity (such reasonable assurance
as determined by WWW in its sole discretion).
You acknowledge and agree that if you attempt to transfer
your domain name registration without paying WWW the
then-current transfer fee set by WWW for the transfer
of ownership of a domain name, or if the entity to which
you seek to transfer your domain name fails to agree
in writing to be bound by all the terms and conditions
of this Agreement, any such transfer will be null and
void, and will result in your domain name registration
being revoked without a refund of any charges you have
incurred in attempting to register or transfer that
domain name.
WWW does not charge any transfer fee for now, nor does
it expect to in the near future.
4. Dispute Policy
You agree to be bound by the WWW Domain Name Dispute
Policy (attached hereto as "Dispute Policy"),
which is hereby incorporated and made a part of this
Agreement by reference. The Dispute Policy can be found
at http://www.icann.org/udrp/ .
Certain disputes, as specified in the Dispute Policy,
are subject to that Policy. You agree that you will
be subject to the provisions specified in the Dispute
Policy in effect at the time your domain name registration
is disputed by a third party, in the event such dispute
arises.
You also agree that, in the event a domain name dispute
arises with any third party, you will indemnify and
hold WWW harmless pursuant to the terms and conditions
contained in the Dispute Policy.
5. Changes to Registration Agreement and Dispute
Policy
You acknowledge that the domain name system and the
practice of registering and administering domain names
are evolving, and therefore you agree that WWW may modify
this Agreement and the Dispute Policy if necessary to
comply with its ICANN agreement, and any other Agreements
that WWW is currently bound by or will be bound by in
the future, as well as to adjust to changing business
circumstances.
Your continued use of the domain name registered to
you shall constitute your acceptance of this Agreement
and the Dispute Policy with the new modifications. If
you do not agree to any changes, you may request that
your domain name registration be cancelled or transferred
to a different domain name registrar. You agree that
such cancellation or request for transfer will be your
exclusive remedy if you do not wish to abide by any
changes to this Agreement or the Dispute Policy.
6. Domain Name Registration Information and Its Use
a. Information You Are Required to Submit. As
part of the registration process, you are required to
provide certain information and to update promptly this
information as requested by WWW to keep it current,
complete and accurate.The information you are obligated
to provide in connection with the domain name you are
registering are the following:
i. The domain name being registered;
ii. The name, postal address, physical address, e-mail
address, voice telephone number, and where available,
fax number of the domain registrant for the domain name;
and
iii. The name, postal address, physical address, e-mail
address, voice telephone number, and where available,
fax number of the billing contact for the domain name.
You agree and acknowledge that when you renew your domain
name registration, the type of information you are required
to provide may have changed. If you do not wish to provide
the new required information, your registration may
not be renewed
b. Obligations Relating to Provided Data. In the
event that, in registering the domain name, you are
providing information about a third party, you hereby
represent that you have (a) provided notice to that
third party of the disclosure and use of that party's
information as set forth in this Agreement, and (b)
that you have obtained that third party's express consent
to the disclosure and use of that party's information
as set forth in this Agreement.
You acknowledge that willfully providing inaccurate
information or willfully failing to update information
promptly will constitute a material breach of this Agreement
and will be sufficient basis for cancellation of your
domain name registration.
You further agree that your failure to respond within
seven (7) calendar days to inquiries by WWW concerning
the accuracy of contact details associated with your
registration shall constitute a material breach of this
Agreement and will be sufficient basis for cancellation
of your domain name registration.
c. Disclosure and Use of Registration Information.
You agree and acknowledge that WWW will make available
domain name registration information you provide or
that WWW otherwise maintain to ICANN, to the Registry
Administrator(s), and to other third parties as ICANN
and applicable laws may require or permit.
You further agree and acknowledge that WWW may make
publicly available, or directly available to third party
vendors, some, or all, of the domain name registration
information you provide, for purposes of inspection
(such as through our WHOIS service) or for targeted
marketing and other purposes as required or permitted
by ICANN and applicable laws.
Additionally, you acknowledge that ICANN may establish
guidelines, limits and/or requirements that relate to
the amount and type of information that WWW may or must
make available to the public or to private entities,
and the manner in which such information is made available.
You hereby consent to any and all such disclosures and
use of, and guidelines, limits and restrictions on disclosure
or use of, information provided by you in connection
with the registration of a domain name (including any
updates to such information), whether during or after
the term of your registration of the domain name.You
hereby irrevocably waive any and all claims and causes
of action you may have arising from such disclosure
or use of your domain name registration information
by WWW.
7. Ownership of Data
You agree and acknowledge that WWW owns all database,
compilation, collective and similar rights, title and
interests worldwide in its domain name database, and
all information and derivative works generated from
the domain name database.
You further agree and acknowledge that WWW own the following
information for those registrations for which WWW is
the registrar: (a) the original creation date of the
registration, (b) the expiration date of the registration,
(c) the name, postal address, e-mail address, voice
telephone number, and where available fax number of
the registrant and billing contact for the domain name
registration, (d) any remarks concerning the registered
domain name that appear or should appear in the WHOIS
or similar database, and (e) any other information WWW
generate or obtain in connection with the provision
of domain name registration services, other than the
domain name being registered, the IP addresses of the
primary nameserver and any secondary nameservers for
the domain name, and the corresponding names of those
nameservers.
WWW does not have any ownership interest in your specific
personal registration information outside of its rights
in WWW domain name database, or other rights specifically
set out elsewhere herein.
8. Agents and Licenses
You agree that, if you are registering a domain name
for someone else, you represent that you have the authority
to bind that person as a principal to all the terms
and conditions provided herein, including the Dispute
Policy.
You agree that if you license the use of the domain
name registered to you to a third party, you nonetheless
remain the domain name holder of record, and remain
responsible for all obligations under this Agreement,
including but not limited to payment obligations, and
providing (and updating, as necessary) the registrant
and billing name and contact information adequate to
facilitate timely resolution of any problems that arise
in connection with the domain name and domain name registration.
9. Limitation of Liability
YOU AGREE THAT WWW WILL NOT BE LIABLE FOR ANY (a) SUSPENSION
OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME,
(b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION
OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS
TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY THE DOMAIN
NAME REGISTERED IN YOUR NAME; (e) DATA NON-DELIVERY,
MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(f) EVENTS BEYOND WWWS REASONABLE CONTROL; (g) THE PROCESSING
OF THIS APPLICATION; OR (h) APPLICATION OF THE DISPUTE
POLICY.
YOU FURTHER AGREE THAT WWW ALSO WILL NOT BE LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS
OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EVEN IF WWW HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
WWW'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT
PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME.
10. Indemnification of WWW
You agree to defend, indemnify and hold harmless WWW
for any loss, damages or costs, including reasonable
attorneys' fees, resulting from any third party claim,
action, or demand related to the registration or use
of the domain name registered in your name. This indemnification
is in addition to any indemnification required under
the Dispute Policy.
11. Representations and Warranties
You represent that, to the best of your knowledge and
belief, neither the registration of the domain name
nor the manner in which it is directly or indirectly
used infringes the legal rights of a third party.
You further represent and warrant that all information
provided by you in connection with your domain name
registration are accurate.
ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO
YOU "AS IS." Except for WWW's statement regarding
its accreditation as an ICANN-approved domain name registrar
in the introductory paragraph of this Agreement, WWW
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT
OR ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS
AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
WITHOUT ANY LIMITATION TO THE FOREGOING, WWW MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER
THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS
AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO
YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION
OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.
12. Breach and Revocation
WWW reserves the right to suspend, cancel, transfer
or modify your domain name registration in the event
(a) you materially breach this Agreement (including
the Dispute Policy) and do not cure such breach within
seven (7) calendar days of notice by WWW, (b) you use
the domain name registered to you to send unsolicited
commercial advertisements in contradiction to either
applicable laws or customary acceptable usage policies
of the Internet, (c) you use your domain name in connection
with unlawful activity, or (d) grounds arise for such
suspension, cancellation, transfer or other modification
as provided for in this Agreement.
You further acknowledge and agree that your registration
of a domain name is (a) subject to suspension, cancellation
or transfer by any ICANN procedure, by any Registrar
(including WWW) or Registry Administrator Procedures
approved by an ICANN-adopted policy, or by any other
GTLD and / or CTLD Registry Administrator Procedures
as the case may be, (b) to correct errors by WWW, another
Registrar or the Registry Administrator in administering
the name or (c) for the resolution of disputes concerning
the domain name.
You also agree that WWW shall have the right in its
sole discretion to immediately suspend, cancel, transfer
or otherwise modify a domain name registration upon
written notice, or at such time as WWW receives a properly
authenticated order from a court of competent jurisdiction,
or arbitration award, requiring the suspension, cancellation
transfer or modification of the domain name registration.
13. Adjudication of Disputes
In the event of adjudication of disputes concerning
or arising from use of your domain name, you shall submit,
without prejudice to other potentially applicable jurisdictions.
14. Controlling Law and Venue
Except as otherwise set forth in paragraph 13 above,
or in the Dispute Policy with respect to disputes, this
Agreement, your rights and obligations and all actions
contemplated by this Agreement shall be governed by
the laws of the Republic of the Philippines and the
United States of America, as if the Agreement was a
contract wholly entered into and wholly performed within
both countries.
Except as otherwise set forth in paragraph 13 above,
or in the Dispute Policy with respect to disputes, any
action to enforce this Agreement or any matter relating
to your use of the WWW site shall be brought exclusively
in the Courts of Quezon City, Philippines and / or in
the United States District Court for the Southern District
of Texas, or if there is no jurisdiction in such court,
then in a state court in Brazos County, Texas.
15. Notices
You agree that any notices required to be given under
this Agreement by WWW to you will be deemed to have
been given if delivered in accordance with the registrant
and / or billing contact information you have provided.
16. General
This Agreement and the Dispute Policy, together with
all modifications, constitute the complete and exclusive
agreement between you and WWW, and supersede and govern
all prior proposals, agreements, or other communications.
Nothing contained in this Agreement shall be construed
as creating any agency, partnership, or other form of
joint enterprise between the parties.
The failure of WWW to require your performance of any
provision hereof shall not affect the full right to
require such performance at any time thereafter; nor
shall the waiver by WWW of a breach of any provision
hereof be taken or held to be a waiver of the provision
itself or of this agreement as a whole.
In the event that any provision of this Agreement shall
be unenforceable or invalid under any applicable law
or be so held by applicable court decision, such unenforceability
or invalidity shall not render this Agreement unenforceable
or invalid as a whole. WWW will amend or replace such
provision with one that is valid and enforceable and
which achieves, to the extent possible, the original
objectives and intent of WWW as reflected in the original
provision.
This Agreement may not be amended or modified by you
except by means of a written document signed by both
you and an authorized representative of WWW.
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