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DOMAIN NAME REGISTRATION
AGREEMENT
This Registration Agreement ("Agreement") sets forth the terms and
conditions of your use of Webtong Inc.'s ("Webtong") domain name
registration services to register an Internet domain name, your
registration of that domain name, as well as other Webtong domain
name related services. In this Agreement "you" and "your" refer to
each customer and "we", "us" and "our" refer to Webtong. This
Agreement explains our obligations to you, and explains your
obligations to us for various Webtong services.
By selecting our service(s) you have agreed to establish an
account with us for such services. When you use your account or
permit someone else to use it to purchase or otherwise acquire
access to additional Webtong service(s) or to cancel your Webtong
service(s) (even if we were not notified of such authorization),
this Agreement covers such service or actions. By using the
service(s) provided by Webtong under this Agreement, you
acknowledge that you have read and agree to be bound by all terms
and conditions of this Agreement, the accompanying dispute policy
and any pertinent rules or policies that are or may be published by
Webtong.
This Agreement will become effective when accepted by Webtong.
Webtong 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.
- Our Services.
Webtong provides domain name registration services through an
appropriate registrar who is accredited with the Internet
Corporation for Assigned Names and Numbers ("ICANN") for Top Level
Domain Names (TLDs), currently .com ;,
.net ; and .org . ICANN oversees
registrations and other aspects of the TLDs. As an accredited
domain name registrar, Webtong is, upon accepting your domain name
registration application, your sponsor for that application. All
domain name registrations we register for TLDs are not effective
until we have delivered the domain name registration information
you provide us to the registry administrator for the TLDs, as
applicable, and the registry administrator puts into effect your
domain name registration. Currently, the registry administrator for
the .com , .net and .org TLDs
is Network Solutions, Inc.
You agree and acknowledge that Webtong 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 the registry administrator and its directors, officers,
employees, and agents from and against any and all claims, damages,
liabilities, costs, and expenses (including any direct, indirect,
incidental, special or consequential damages and reasonable legal
fees and expenses) arising out of, or related to, your domain name
registration.
We cannot and do not check to see whether the domain name you
select, or the use you make of the domain name, infringes legal
rights of others. We urge you to investigate to see whether the
domain name you select or its use infringes legal rights of others,
and in particular we suggest you seek advice of competent counsel.
You may wish to consider seeking one or more trademark
registrations in connection with your domain name. You should be
aware that there is the possibility we might be ordered by a court
to cancel, modify, or transfer your domain name. You should also be
aware that if we are sued or threatened with lawsuit in connection
with your domain name, we may turn to you to hold us harmless and
to indemnify us.
As consideration for the domain name registration services
and/or other services provided by Webtong to you, you agree to pay
Webtong, prior to the effectiveness of the desired domain name
registration, the applicable service(s) fees for the initial
registration of the 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, canceled or transferred prior to the end
of your then current registration term. Your requested domain name
will not be registered unless we 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 Webtong in its sole discretion). As further
consideration for the Webtong service(s), 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"). In the event of a charge back
by a credit card company (or similar action by another payment
provider allowed by us) in connection with the payments of the
registration fee for your domain name registration, you agree and
acknowledge that the domain name registration shall be transferred
to Webtong as the paying entity for that registration to the
registry. We will reinstate your domain name registration solely at
our discretion, and subject to our receipt of the initial
registration or renewal fee and our then-current reinstatement fee,
currently set at US$200. You will be notified via an email message
or via your account information when renewal fees are due. Should
these fees go unpaid within the time specified in a second notice
or reminder regarding renewal, your registration will be canceled.
Payment must be made by credit card or such other method as we may
indicate in the registration application or renewal form. We will
renew your name for you provided your credit card or other billing
information is available and up to date, unless you instruct us
otherwise within the time specified. If your billing information is
not accurate and you wish to renew your domain name registration,
we will contact you to update this information and charge you
accordingly.
- Disclaimer and Domain Name Dispute Policy.
If you request, reserved or registered a domain name through us,
or transferred a domain name to us from another registrar, you
agree to be bound by Webtong's current Disclaimer published on our
site ("Disclaimer") and our current Domain Name Dispute Policy
("Dispute Policy") which are incorporated herein and made a part of
this Agreement by reference. The Disclaimer can be found at
http://www.webtong.com/service/domain/disclaimer.html and the
Dispute Policy used by our registration agent, and therefor by us,
can be found at http://www.enom.com/drp.asp . Certain
disputes, as specified in the Dispute Policy, are subject to that
Policy. 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 your domain name registration is disputed by the third party.
You also agree that, in the event a domain name dispute arises with
any third party, you will indemnify and hold Webtong harmless
pursuant to the terms and conditions contained in the Dispute
Policy.
- Modifications to Webtong's Registration Agreement and Dispute
Policy.
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 Webtong's web
site, or on notification to you by e-mail or United Sates mail. You
agree to review Webtong's 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 at
info@webtong.com or United States mail at the addresses listed on
our contact homepage (www.webtong.com/contact.html). Notice of your
termination will be effective on receipt and processing by us. You
agree that, by continuing to use the Webtong services following
notice of any revision to this Agreement or change in service(s),
you abide by any such revisions or changes. You further agree that
we, in our sole discretion, may modify our Dispute Policy at any
time. 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. You acknowledge that if you do not
agree to any of such changes, you may request that your domain name
registration be canceled 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.
- Account Information and Its Use.
- Information You Are Required to Submit. As part of the
registration process, you are required to provide certain
information and to update this information promptly as needed to
keep it current, complete and accurate. The information you are
obligated to provide in connection with the domain name you are
registering is the following:
- The domain name being registered;
ii. Your (or The domain name holder's) name, postal address,
e-mail address, voice telephone number, and where available, fax
number; and
iii. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of the billing contact for
the domain name; and
iv. Valid payment information
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.
All other information which we may request from you at
registration is voluntary. However, not providing the requested
information may prevent you from obtaining all products and
services made available to domain name registrants by us, other
than registration of the domain name.
b. Additional Information Maintained About Your Registration. In
addition to the information you provide, we maintain records
relating to your domain name registration. These records may
include:
i. The original creation date of the registration;
ii. The submission date and time of the registration application
to us and by us to the proper registry;
iii. Communications (electronic or paper form) constituting
registration orders, modifications, or terminations and related
correspondence between you and us;
iv. Records of account for your domain name registration,
including dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary
nameservers for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of the technical contact
for the domain name;
viii. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of the zone contact for the
domain name;
ix. The expiration and renewal date of the registration;
x. Information and copies in electronic or paper form regarding
all other activity between you and us and third parties relating to
your domain name registration and related services.
c. Your Obligations Relating to the Account Information. In the
event that, in registering the domain name, you are providing
information about or on behalf of 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. By registering a name
or applying for services you also represent that the statements in
its application are true and you also represent that the Domain
Name is not being registered for any unlawful purpose. 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 for over ten (10) calendar days to
inquiries by Webtong 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.
d. Privacy Policy: Disclosure and Use of Registration
Information. You agree and acknowledge that Webtong will make
available domain name registration information you provide or that
we 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 Webtong 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 Webtong or its registration agent 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 and other information by Webtong.
You may access your domain name registration information in our
possession to review, modify or update such information, by
accessing your account at our web site (http://www.webtong.com), or
via a similar service. 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. You agree that any person in possession of you
Account Identifier and Password will have the ability and your
authorization to modify your account information. In no event will
we be liable for the unauthorized use or misuse of your Account
Identifier or Password. Webtong will take reasonable precautions to
protect the information it obtains from you from our loss, misuse,
unauthorized access or disclosure, alteration or destruction of
that information.
- Ownership of Information and Data.
You agree and acknowledge that Webtong owns all database,
compilation, collective and similar rights, title and interests
worldwide in our domain name database, and all information and
derivative works generated from the domain name database. You
further agree and acknowledge that we own the following information
for those registrations for which we are 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 all
contacts 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 we
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. Webtong does not have any ownership interest in
your specific personal registration information outside of its
rights in our domain name database.
You agree that, if you are registering a domain name for or on
behalf of someone else, you represent that you have the authority
to nonetheless bind that person as a principal to all 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)
both your own full contact information, and accurate technical,
administrative, billing and zone contact information adequate to
facilitate timely resolution of any problems that arise in
connection with the domain name and domain name registration.
We 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
YOU AGREE THAT ENOM WILL NOT BE LIABLE FOR ANY (1)
SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION
IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME
REGISTRATION, (3) INTERRUPTION OF BUSINESS, (4)
ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR
THE WEB SITE(S) OR SERVICES YOU ACCESS BY THE
DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR
LIABILITY RESULTING FROM ACTS OF GOD (6) DATA
NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR
OTHER MODIFICATION; (7) EVENTS BEYOND ENOM'S
CONTROL; (8) THE PROCESSING OF THIS APPLICATION;
(9) LOSS OR LIABILITY RESULTING FROM THE
UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR
PASSWORD; OR (10) APPLICATION OF THE DISPUTE
POLICY. ENOM 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 ENOM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL ENOM'S MAXIMUM AGGREGATE
LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR
REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT
GREATER THAN FOUR HUNDRED DOLLARS ($400.00). 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.
You agree to release, indemnify, and hold Webtong, its
contractors, agents, employees, officers, directors and affiliates
harmless from all liabilities, claims and expenses, including
attorney's fees, of third parties relating to or arising under this
Agreement, the Webtong services provided hereunder or your use of
the Webtong services, including without limitation infringement by
you, or someone else using any Webtong service with your computer,
of any intellectual property or other proprietary right of any
person or entity, or from the violation of any Webtong operating
rule or policy relating to the service(s) provided. When Webtong is
threatened with suit by a third party, Webtong may seek written
assurances from you concerning your promise to indemnify Webtong;
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. This indemnification is in addition to any
indemnification required under the Dispute Policy.
- 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 IS ACCURATE. ALL
DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO
YOU "AS IS." EXCEPT FOR OUR STATEMENT REGARDING OUR
ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME REGISTRAR IN
THE INTRODUCTORY PARAGRAPH OF THIS AGREEMENT, WE
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, ENOM 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. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE ENOM'S E-MAIL FORWARDING OR
OTHER EMAIL 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. ENOM MAKES NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE E-MAIL
SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH
THE E-MAIL SERVICE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENOM OR
THROUGH THE E-MAIL SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU.
Webtong reserves the right to suspend, cancel, transfer or
modify your domain name registration or suspend, cancel or modify
other services we provide in the event (a) you materially breach
this Agreement (including the Dispute Policy) and do not cure such
breach within thirty (30) days of notice by Webtong, (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
subject to suspension, cancellation or transfer by any ICANN
procedure, by any registrar (including Webtong) or registry
administrator procedures approved by an ICANN-adopted policy, (1)
to correct mistakes by Webtong, another registrar or the registry
administrator in administering the name or (2) for the resolution
of disputes concerning the domain name.
You also agree that Webtong shall have the right in its sole
discretion to suspend, cancel, transfer or otherwise modify a
domain name registration upon seven (7) calendar days prior written
notice, or at such time as Webtong 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.
We, in our sole discretion, reserve the right to refuse to
register or reserve your chosen domain name or register you for
other Webtong service(s), or to delete your domain name 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 Webtong service(s), or we delete
your domain name or other Webtong service(s) 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 or reserve, or
delete your domain name or register you for other Webtong
service(s)
Except as otherwise set forth 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 United States of America and the State of Washington,
as if the Agreement was a contract wholly entered into and wholly
performed within the State of Washington. Except as otherwise set
forth in the Dispute Policy with respect to disputes, any action to
enforce this Agreement or any matter relating to your use of the
Webtong site shall be brought exclusively in the United States
District Court for the Western District of Washington, or if there
is no jurisdiction in such court, then in a state court in King
County.
You agree that any notices required to be given under this
Agreement by Webtong to you will be deemed to have been given if
delivered in accordance with the contact information you have
provided.
- Infancy. You attest that you are of legal age to enter into
this Agreement.
This Agreement, Webtong's Disclaimer and the Dispute Policy with
all modifications, constitute the complete and exclusive agreement
between you and Webtong, and supersede and govern all prior
proposals, agreements, or other communications. Nothing contained
in this Policy shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties.
The failure of Webtong 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 Webtong of a breach
of any provision hereof be taken or held to be a waiver of the
provision itself. In the event that any provision of this Policy
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 Policy unenforceable or invalid as
a whole. Webtong 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 Webtong as
reflected in the original provision. This Agreement, Webtong's
Disclaimer and the Dispute Policy may not be amended or modified by
you except by means of a written document signed by both you and an
authorized representative of Webtong.
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