1. AGREEMENT
In this Registration Agreement ("Agreement") "you" and "your" refer
to each customer, "RSP", "we", us" and "our" refer to
SingaporeWebsite.net and "Services" refers to the domain name
registration provided by us as offered through
SingaporeWebsite.net, the Registration Service Provider ("RSP").
This Agreement explains our obligations to you, and explains your
obligations to us for various Services.
2. SELECTION OF A DOMAIN NAME
You represent that, to the best of the your knowledge and belief,
neither the registration of the SLD name nor the manner in which it
is directly or indirectly used infringes the legal rights of a third
party and that the Domain Name is not being registered for any
unlawful purpose.
3. FEES
As consideration for the services you have selected, you agree to
pay to us the applicable service(s) fees. All fees payable hereunder
are non-refundable. As further consideration for the Services, you
agree to: (1) provide certain current, complete and accurate
information about you as required by the registration process and
(2) maintain and update this information as needed to keep it
current, complete and accurate. All such information shall be
referred to as account information ("Account Information"). You, by
completing and submitting this Agreement represent that the
statements in your application are true.
4. TERM
You agree that the Registration Agreement will remain in full force
during the length of the term of your Domain Name Registration.
Should you choose to renew or otherwise lengthen the term of your
Domain Name Registration, then the term of this Registration
Agreement will be extended accordingly. This Agreement will remain
in full force during the length of the term of your Domain Name
Registration as selected, recorded, and paid for upon registration
of the Domain Name. Should you choose to renew or otherwise lengthen
the term of your Domain Name Registration, then the term of this
Registration Agreement will be extended accordingly. Should you
transfer your domain name or should the domain name otherwise be
transferred due to another Registrar, the terms and conditions of
this contract shall cease and shall be replaced by the contractual
terms in force for the purpose of registering domain names then in
force between SLD holders and the new Registrar.
5. MODIFICATIONS TO AGREEMENT
You agree, during the period of this Agreement, that we may: (1)
revise the terms and conditions of this Agreement; and (2) change
the services provided under this Agreement. Any such revision or
change will be binding and effective immediately on posting of the
revised Agreement or change to the service(s) on our web site, or on
notification to you by e-mail or regular mail as per the Notices
section of this agreement. You agree to review our web site,
including the Agreement, periodically to be aware of any such
revisions. If you do not agree with any revision to the Agreement,
you may terminate this Agreement at any time by providing us with
notice by e-mail or regular mail as per the Notices section of this
agreement. Notice of your termination will be effective on receipt
and processing by us. You agree that, by continuing to use the
Services following notice of any revision to this Agreement or
change in service(s), you shall abide by any such revisions or
changes. You further agree to abide by the ICANN Uniform Dispute
Resolution Policy ("Dispute Policy") as amended from time to time.
You agree that, by maintaining the reservation or registration of
your domain name after modifications to the Dispute Policy become
effective, you have agreed to these modifications. You acknowledge
that if you do not agree to any such modifications, you may request
that your domain name be deleted from the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT
In order to change any of your account information with us, you must
use your Account Identifier and Password that you selected when you
opened your account with us. Please safeguard your Account
Identifier and Password from any unauthorized use. In no event will
we be liable for the unauthorized use or misuse of your Account
Identifier or Password.
7. DOMAIN NAME DISPUTE POLICY
If you reserved or registered a domain name through us, or
transferred a domain name to us from another registrar, you agree to
be bound by the Dispute Policy which is incorporated herein and made
a part of this Agreement by reference. The current version of the
Dispute Policy may be found at DOMAIN NAME DISPUTE POLICY. Please
take the time to familiarize yourself with this policy.
8. DOMAIN NAME DISPUTES
You agree that, if the registration or reservation of your domain
name is challenged by a third party, you will be subject to the
provisions specified in the Dispute Policy in effect at the time of
the dispute. You agree that in the event a domain name dispute
arises with any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute
Policy.
9. ICANN POLICY
You agree that your registration of the SLD name shall be subject to
suspension, cancellation, or transfer pursuant to any ICANN-adopted
policy, or pursuant to any registrar or registry procedure not
inconsistent with an ICANN-adopted policy, (1) to correct mistakes
by Registrar or the Registry in registering the name or (2) for the
resolution of disputes concerning the SLD name.
10. AGENCY
Should you intend to license use of a domain name to a third party
you shall nonetheless be the SLD 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 SLD. You shall accept liability
for harm caused by wrongful use of the SLD, unless you promptly
disclose the identity of the licensee to the party providing you
reasonable evidence of actionable harm. You also represent that you
have provided notice of the terms and conditions in this Agreement
to the third party and that the third party agrees to the terms of
Disclosure and Use of Registration Information (sections 18 and 19
of this Agreement).
11. ANNOUNCEMENTS
We and the RSP reserve the right to distribute information to you
that is pertinent to the quality or operation of our services and
those of our service partners. These announcements will be
predominately informative in nature and may include notices
describing changes, upgrades, new products or other information to
add security or to enhance your identity on the Internet.
12. LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy, with
respect to any Services(s) provided under this Agreement and any
breach of this Agreement is solely limited to the amount you paid
for such Service(s). We and our contractors shall not be liable for
any direct, indirect, incidental, special or consequential damages
resulting from the use or inability to use any of the Services or
for the cost of procurement of substitute services. Because some
states do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such states, our liability
is limited to the extent permitted by law. We disclaim any and all
loss or liability resulting from, but not limited to: (1) loss or
liability resulting from access delays or access interruptions; (2)
loss or liability resulting from data non-delivery or data
mis-delivery; (3) loss or liability resulting from acts of God; (4)
loss or liability resulting from the unauthorized use or misuse of
your account identifier or password; (5) loss or liability resulting
from errors, omissions, or misstatements in any and all information
or services(s) provided under this Agreement; (6) loss or liability
resulting from the interruption of your Service. You agree that we
will not be liable for any loss of registration and use of your
domain name, or for interruption of business, or 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 we have been
advised of the possibility of such damages. In no event shall our
maximum liability exceed five hundred ($200.00) dollars.
13. INDEMNITY
You agree to release, indemnify, and hold us, our contractors,
agents, employees, officers, directors and affiliates harmless from
all liabilities, claims and expenses, including without limitation
VeriSign, Inc., and the directors, officers, employees and agents of
each of them, including attorney's fees, of third parties relating
to or arising under this Agreement, the Services provided hereunder
or your use of the Services, including without limitation
infringement by you, or someone else using the Service with your
computer, of any intellectual property or other proprietary right of
any person or entity, or from the violation of any of our operating
rules or policy relating to the service(s) provided. You also agree
to release, indemnify and hold us harmless pursuant to the terms and
conditions contained in the Dispute Policy. When we are threatened
with suit by a third party, we may seek written assurances from you
concerning your promise to indemnify us; your failure to provide
those assurances may be considered by us to be a breach of your
Agreement and may result in deactivation of your domain name.
14. TRANSFER OF OWNERSHIP
The person named as registrant on the WHOIS shall be the registered
name holder. The person named as administrative contact at the time
the controlling user name and password are secured shall be deemed
the designate of the registrant with the authority to manage the
domain name. You agree that prior to transferring ownership of your
domain name to another person (the Transferee") you shall require
the Transferee to agree, in writing to be bound by all the terms and
conditions of this Agreement. Your domain name will not be
transferred until we receive such written assurances or other
reasonable assurance that the Transferee has been bound by the
contractual terms of this Agreement (such reasonable assurance as
determined by us in our sole discretion) along with the applicable
transfer fee. If the Transferee fails to be bound in a reasonable
fashion (as determine by us in our sole discretion) to the terms and
conditions in this Agreement, any such transfer will be null and
void.
15. BREACH
You agree that failure to abide by any provision of this Agreement,
any operating rule or policy or the Dispute Policy provided by us,
may be considered by us to be a material breach and that we may
provide a written notice, describing the breach, to you. If within
thirty (30) calendar days of the date of such notice, you fail to
provide evidence, which is reasonably satisfactory to us, that you
have not breached your obligations under the Agreement, then we may
delete the registration or reservation of your domain name. Any such
breach by you shall not be deemed to be excused simply because we
did not act earlier in response to that, or any other breach by you.
16. NO GUARANTY
You agree that, by registration or reservation of your chosen domain
name, such registration or reservation does not confer immunity from
objection to either the registration, reservation, or use of the
domain name.
17. DISCLAIMER OF WARRANTIES
You agree that your use of our Services is solely at your own risk.
You agree that such Service(s) is provided on an "as is," "as
available" basis. We expressly disclaim all warranties of any kind,
whether express or implied, including but not limited to the implied
warranties of merchantability, fitness for a particular purpose and
non-infringement. We make no warranty that the Services will meet
your requirements, or that the Service(s) will be uninterrupted,
timely, secure, or error free; nor do we make any warranty as to the
results that may be obtained from the use of the Service(s) or as to
the accuracy or reliability of any information obtained through the
Service or that defects in the Service will be corrected. You
understand and agree that any material and/or data downloaded or
otherwise obtained through the use of Service is done at your own
discretion and risk and that you will be solely responsible for any
damage to your computer system or loss of data that results from the
download of such material and/or data. We make no warranty regarding
any goods or services purchased or obtained through the Service or
any transactions entered into through the Service. No advice or
information, whether oral or written, obtained by you from us or
through the Service shall create any warranty not expressly made
herein.
18. INFORMATION
As part of the registration process, you are required to provide us
certain information and to update us promptly as such information
changes such that our records are current, complete and accurate.
You are obliged to provide us the following information:
i) Your name and postal address (or, if
different, that of the domain name holder); ii) The domain name
being registered iii) The name, postal address, e-mail address, and
voice and fax (if available) telephone numbers of the administrative
contact for the domain name. iv) The name, postal address, e-mail
address, and voice and fax (if available) telephone numbers of the
billing contact for the domain name. Any other information which we
request from you at registration is voluntary. Any voluntary
information we request is collected such that we can continue to
improve the products and services offered to you through your RSP.
19. DISCLOSURE AND USE OF REGISTRATION
INFORMATION
You agree and acknowledge that we will make domain name registration
information you provide available to ICANN, to the registry
administrators, and to other third parties as ICANN and applicable
laws may require or permit. You further agree and acknowledge that
we 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 other purposes as required or permitted by ICANN and the
applicable laws.
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 us.
You may access your domain name registration
information in our possession to review, modify or update such
information, by accessing our domain manager service, or similar
service, made available by us through your RSP.
We will not process data about any identified
or identifiable natural person that we obtain from you in a way
incompatible with the purposes and other limitations which we
describe in this Agreement.
We will take reasonable precautions to protect
the information we obtain from you from our loss, misuse,
unauthorized access or disclosure, alteration or destruction of that
information.
20. REVOCATION
Your willful provision of inaccurate or unreliable information, your
willful failure promptly to update information provided to us, or
any failure to respond to inquiries by us addressed to the email
address of the registrant, the administrative, billing or technical
contact appearing in the “Whois” directory with respect to a domain
name concerning the accuracy of contact details associated with the
registration shall constitute a material breach of this Agreement
and be a basis for cancellation of the domain name registration. Any
information collected by us concerning an identified or identifiable
natural person ('Personal Data') will be used in connection with the
registration of your domain name(s) and for the purposes of this
Agreement and as required or permitted by the ICANN Agreement or an
ICANN/Registry Operator policy.
21. RIGHT OF REFUSAL
We, in our sole discretion, reserve the right to refuse to register
or reserve your chosen domain name or register you for other
Services within thirty (30) calendar days from receipt of your
payment for such services. In the event we do not register or
reserve your domain name or register you for other Services, or we
delete your domain name or other Services within such thirty (30)
calendar day period, we agree to refund your applicable fee(s). You
agree that we shall not be liable to you for loss or damages that
may result from our refusal to register, reserve, or delete your
domain name or register you for other Services.
22. SEVERABILITY
You agree that the terms of this Agreement are severable. If any
term or provision is declared invalid or unenforceable, that term or
provision will be construed consistent with applicable law as nearly
as possible to reflect the original intentions of the parties, and
the remaining terms and provisions will remain in full force and
effect.
23. NON-AGENCY
Nothing contained in this Agreement or the Dispute Policy shall be
construed as creating any agency, partnership, or other form of
joint enterprise between the parties.
24. NON-WAIVER
Our failure to require performance by you of any provision hereof
shall not affect the full right to require such performance at any
time thereafter; nor shall the waiver by us of a breach of any
provision hereof be taken or held to be a waiver of the provision
itself.
25. NOTICES
Any notice, direction or other communication given under this
Agreement shall be in writing and given by sending it via e-mail or
via regular mail. In the case of e-mail, valid notice shall only
have been deemed to have been given when an electronic confirmation
of delivery has been obtained by the sender. In the case of e-mail
notification contact dns@ SingaporeWebsite.net or, in the case of
notice to you, at the e-mail address provided by you in your WHOIS
record. Any e-mail communication shall be deemed to have been
validly and effectively given on the date of such communication, if
such date is a business day and such delivery was made prior to 4:00
p.m., otherwise it will be deemed to have been delivered on the next
business day. In the case of regular mail notice, valid notice shall
be deemed to have been validly and effectively given 5 business days
after the date of mailing and, in the case of notification to us
shall be sent to:
SingaporeWebsite.net, *to be updated* and in
the case of notification to you shall be to the address specified in
the "Administrative Contact" in your WHOIS record.
26. ENTIRETY
You agree that this Agreement, the rules and policies published by
us and the Dispute Policy are the complete and exclusive agreement
between you and us regarding our Services. This Agreement and the
Dispute Policy supersede all prior agreements and understandings,
whether established by custom, practice, policy or precedent.
27. GOVERNING LAW
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN
ACCORDANCE WITH THE LAWS OF THE REPUBLIC OF SINGAPORE APPLICABLE
THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY
ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN SINGAPORE AND
YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
28. INFANCY
You attest that you are of legal age to enter into this Agreement.
29. ACCEPTANCE OF AGREEMENT. YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS
TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE
DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY
REPRESENTATION AGREEMENT., GUARANTEE OR STATEMENT OTHER THAN AS SET
FORTH IN THIS AGREEMENT.