 |
 |
Adicio Registration Agreement
Between Adicio Pte Ltd and the Registrant
- DEFINITIONS
- THE CONTRACTING PARTIES
- AGENTS
- RESPONSIBILITIES OF ADICIO
- PERSONAL DATA PROVIDED BY YOU
- USE OF PERSONAL DATA
- YOUR WARRANTIES AND OBLIGATIONS
- LICENSE OF THE DOMAIN NAME
- YOUR RIGHTS TO THE DOMAIN NAME
- DISPUTE RESOLUTION POLICY
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- PAYMENT
- BREACH OF CONTRACT
- NOTIFICATION
- SEVERABILITY
- ENTIRETY
- GOVERNING LAW AND VENUE
1. DEFINITIONS :
As used in this Registration Agreement, the following terms shall have
the respective meanings:
- "Adicio" means Adicio Pte Ltd, of 750A Chai Chee Road #07-10, Technopark @ Chai Chee, Singapore 469001, a Singapore registered company.
- "Adicio's website" means the website located at http://www.adicio.net
or such other internet address as may be adopted by Adicio from time
to time.
- "Registrant" means the person or organization purchasing a domain
name.
- "Registrar" means the entity authorized to contract with Registry
Administrator, collects registration data about the domain name holder
and submits zone file information for entry in the Registry database.
- "Registry Administrator" means the Top Level Domain Authority administering
the domain names purchased by the Registrant.
- "Services" means the services identified on Adicio's website to be
provided by Adicio to the registrant pursuant to the terms and conditions.
- "WHOIS service" means an interactive, query-based and publicly accessible
Internet utility that returns information about the ownership, contact
details and availability of a domain name or IP address.
Back to Top
2. THE CONTRACTING PARTIES :
This Registration Agreement is made between you (the Registrant) and Adicio.
You, the Registrant, are the sole responsible contracting party under
this agreement for the obligations of the Registrant and shall remain
so, even if you license use of the domain name to a third party, or if
the domain name is registered for you by an agent acting on your behalf.
This agreement enters into force when you or your agent submit(s) your
application for a domain name registration to Adicio.
The agreement may be subject to changes due to modifications in ICANN
or Registry Administrator policies to which Adicio must abide. Amendments
to this Agreement shall take effect 30 days after publication of the amended
terms and conditions of the Registration Agreement on the website of Adicio
located at the URL www.adicio.net.
Back to Top
3. AGENTS :
3.1.(a) If your application for registration of the domain name is submitted
on your behalf by an agent (e.g. an Internet Service Provider or employee),
you will nonetheless be bound by all terms and conditions in this Agreement,
including the Uniform Domain Name Dispute Resolution Policy referred to
in section 10.
In addition, unless you instruct us otherwise we may periodically provide
your registration information to other companies for inclusion in value-added
Internet database and search services.
3.1.(b) If you are an agent submitting a domain name application on behalf
of someone else, you may not submit such application without the permission
and knowledge of that person and/or the final user of such domain name.
Breach of this term shall entitle Registrar and/or the Registry Administrator
to cancel your application or registration.
3.2. By submitting the application, the agent represents and warrants
that (i) the agent is authorized to apply for the domain name and Adicio's
services on your behalf; (ii) the agent is authorized to commit you to
the terms and conditions of this Agreement; and (iii) the agent has apprised
you of the terms and conditions of this Agreement. In addition, you are
responsible for any acts or omissions of your agent.
3.3. Your use or continued use of Adicio 's services and/or the relevant
domain name ratifies any unauthorized actions of an agent on your behalf.
3.4. Adicio will not refund fees paid by you or the agent for any reason,
including, but not limited to, the agent's failure to comply with the
terms and conditions of this Agreement, the agent's provision of inaccurate
information in the application process or the agent's incorrect change
or modification of the domain name record.
Back to Top
4. RESPONSIBILITIES OF ADICIO :
4.1. It is the responsibility of Adicio to submit zone file information
for entry in the Registry's database. Adicio accomplishes this obligation
by submitting to Registrar which in turn submits to Registry Administrator
the domain name, the name server information and other information necessary
for the creation and maintenance of the domain name, including the personal
data submitted by you or on your behalf by your agent.
Information you provide about others. In providing personal information
about other individuals (such as someone in whose name you are registering
or the domain name's technical or billing contacts), you represent that
you have notified them of the purposes for which the information will
be used, the recipients of the information, and how they can access and
correct the information, and that you have obtained their consent.
Back to Top
5. PERSONAL DATA PROVIDED BY YOU
:
5.1. You and your agent shall ensure that your domain name application
contains accurate and reliable contact details. You shall ensure that
you or your agent promptly correct and update such contact details during
the term of the domain name registration, including but not limited to
- your full name, postal address, e-mail address, voice telephone number,
and (where available) fax number,
- information required by Registry Administrator, e.g. company papers
or trademark certificates, and
- in the case that you are an organization, association, or corporation,:
the name of an authorized person for contact purposes.
5.2. The willful provision of inaccurate or unreliable information by
you or your agent; the willful failure of you or your agent to promptly
update information provided to Adicio, or the failure by you or your agent
to respond for over fifteen (15) calendar days to inquiries by Adicio
concerning the accuracy of the information associated with your registration,
shall constitute a material breach of this contract, and shall entitle
Registrar to cancel the domain name registration.
Back to Top
6. USE OF PERSONAL DATA :
6.1. Personal data provided to Adicio by you or your agent will be
- submitted to Registry Administrator for registry use;
- made publicly available through Registrar's WHOIS service as required
by ICANN, and
- used by Registrar for inclusion in registers and databases produced
by Registrar or its licensees.
6.2. By submitting your application for a domain name registration to
Adicio or authorizing your agent to submit such application on your behalf
you consent to the data collection and processing referred to in Section
6.1. above.
6.3. You agree and represent that notice concerning the use of personal
data as described in Section 6.1. above has been given to any third party
individuals whose personal data are supplied to Adicio by you or by your
agent, and that you have obtained the consent to use equivalent to that
referred to in Section 6.2, from any such third party individuals.
6.4. Adicio will take reasonable precautions to protect personal data
from loss, misuse, unauthorized access or disclosure, alteration or destruction.
Adicio will not process the personal data collected from you in a way
incompatible with the purposes referred to in Section 6.1 above.
Back to Top
7. YOUR WARRANTIES AND OBLIGATIONS
:
7.1. When applying for a domain name, either yourself or through an agent,
you represent and warrant that:
- the statements made in the application are complete and accurate;
- to your knowledge, 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 will not knowingly use the domain name in violation of any applicable
laws or regulations, and that
- you are not registering the domain name for an unlawful purpose.
7.2. You shall abide by any ICANN and/or Registry Administrator adopted
policy prohibiting or restricting warehousing of, or speculation in, domain
names by registrars.
Back to Top
8. LICENSE OF THE DOMAIN NAME :
8.1. If you license use of the domain name to a third party you are nonetheless
the domain name holder of record and are therefore responsible for providing
your own full contact information and for providing and updating accurate
technical and administrative contact information adequate to facilitate
timely resolution of any problems that arise in connection with the domain
name.
8.2. If you license use of the domain name according to Section 8.1 you
will nonetheless be liable for harm caused by wrongful use of the domain
name, unless you promptly disclose the identity of the licensee to a party
providing you with reasonable evidence of actionable harm.
Back to Top
9. YOUR RIGHTS TO THE DOMAIN NAME
:
9.1. You hold no rights over a domain name until Registry Administrator
has accepted your application and filed a registration of the domain name.
9.2. Your registration of a domain name shall be subject to suspension,
cancellation or transfer pursuant to any ICANN-adopted policy, or pursuant
to any Registry Administrator or Registrar procedure not inconsistent
with an ICANN-adopted policy,
- to correct mistakes by Adicio, Registrar or Registry Administrator
in registering the domain name, or
- for the resolution of disputes concerning the domain name.
Back to Top
10. DISPUTE RESOLUTION POLICY :
10.1. By committing yourself to this Registration Agreement, you agree
to be bound by the Uniform Domain Name Dispute Resolution Policy adopted
by the Internet Corporation for Assigned Names and Numbers (ICANN), and
which is incorporated by reference into this Registration Agreement.
If you have applied for one or more Country Code Top Level Domains (e.g.
com.sg), you are furthermore bound by the dispute resolution policies
adopted by the Registry Administrators administering the domain names
you are applying for (please see your registration details).
10.2. In relation to disputes concerning or arising out of use of the
domain name, you agree to submit without prejudice to potentially available
other jurisdictions, to the jurisdictions of the courts of your domicile
and the courts in the jurisdiction of the relevant Registry Administrator.
Back to Top
11. LIMITATION OF LIABILITY :
11.1. Under no circumstances shall Adicio, Registrar and Registration
Authrority be liable for any special, incidental or consequential damages,
or for interrupted communications, lost data or lost profits incurred
by you as a result of, or in connection with the domain name registration,
hereunder, but not limited to,
- the domain name's suspension, cancellation, deletion, interruption
or transfer due to procedures, rules or policies laid down by ICANN
or Registry Administrator or due to practices, customs or prejudices
of Court of Laws or Dispute Resolving Arbitrators;
- Registration Authority's refusal of granting you the domain name
for whatever reason.
11.2. Authoritative information concerning the registrant of a domain
name and availability of a domain name is acquired only at Registry Administrator's
WHOIS database, and information depicted in Adicio's or Registrar's WHOIS
databases may therefore not be conclusive on this matter.
Back to Top
12. INDEMNIFICATION :
You agree to indemnify, defend and hold harmless Registry Administrator,
Registrar and Adicio as well as their directors, officers, employees,
and agents from and against any and all claims, damages, liabilities,
costs and expenses (including reasonable legal fess and expenses) arising
out of or related to the domain name registration.
Back to Top
13. PAYMENT :
13.1. Registrant agrees to make payment for the Services as follows :
13.1.1 by credit card payment at the time of making the order through
Adicio's website
Or
13.1.2 by cheque payment on the computer generated invoice on Adicio's
website within 5 business days of the order date.
13.2 If the customer fails to pay any invoice which is due and payable
under this Agreement, Adicio reserves the right not to proceed with the
registration, transfer, renewal or other services. Adicio will not be
liable for the subsequent unsuccessful registration or for the non-renewal
of domain names.
13.3 Once a Domain name is registered, renewed or transferred-in, the
payment is non-refundable. This applies to the services linked to the
domain such as websettings, email settings and dns hosting.
13.4 Where a Queue registration is purchased, the queue fee is non refundable. A queue registration is defined as a submission of a domain to Adicio with the purpose of signing up for registrations before the official launch and subject to allocation by the relevant authority.
13.5 Where refunds are due, 10% of the purchase price will be levied as administration charge.
Back to Top
14. BREACH OF CONTRACT :
14.1. Failure to abide by any Section of this Registration Agreement,
the Uniform Domain Name Dispute Resolution Policy or Registry Administrator's
Registration Policy is considered a material breach that will be sufficient
basis for Registrar's cancellation of the domain name registration.
14.2. Adicio shall provide a notice to you in which the breach is described.
If within thirty (30) days of the date of such notice, you fail to provide
evidence, which is reasonably satisfactory to Registrar, that you have
not breached your obligations, then Registrar is entitled to delete your
registration of the domain name. A breach by you shall not be deemed to
be excused simply because Registrar did not act earlier in response to
that, or any other, breach by the you.
Back to Top
15. NOTIFICATION :
15.1. Any notices required or permitted under this Registration Agreement
may be sent to either party via mail, facsimile or email. Notice to you
may be sent to the addresses depicted in your contact details at the date
of the notice, including your email-address. Notice given to Adicio via
email shall be sent to the address registration@adicio.net in the English
language.
15.2. Notice given by facsimile or email is deemed given on the day the
facsimile or email is successfully transmitted.
Back to Top
16. SEVERABILITY :
The terms of this Registration Agreement are separable. If any term or
section is declared invalid, it shall not affect the remaining terms or
sections, which shall continue to be binding.
Back to Top
17.ENTIRETY :
This Registration Agreement and the Uniform Domain Name Dispute Resolution
Policy are the complete and exclusive agreements between you and Registrar
regarding your domain name registration.
Back to Top
18. GOVERNING LAW AND VENUE :
Any dispute, controversy or claim arising under, out of or relating to
this contract and any subsequent amendments of this contract, including,
without limitation, its formation, validity, binding effect, interpretation,
performance, breach or termination, as well as non-contractual claims,
shall be referred to and finally determined by arbitration in accordance
with the WIPO Arbitration Rules. The Tribunal shall consist of a sole
arbitrator. The place of arbitration shall be the Singapore International
Arbitration Center. The language to be used in the arbitration proceedings
shall be English. The Tribunal shall decide the substance of the dispute
in accordance with the laws, or rules of laws, of Singapore. In any action
to enforce this Agreement, the prevailing party shall be entitled to costs
and attorneys' fees.
Back to Top
|
 |
 |