Policy
Web Commerce Communications Limited Policies
Page Modified : 10th July 2008
This is where you will find all policies regarding domain names. These "Web Commerce Communications Limited Policies" are incorporated by reference into the Web Commerce Communications Limited Registration Agreement and should be reviewed by all Registrants not less than every thirty (30) days.
Domain Name Registration/ Registrant Information Policy
Persons wishing to register a .cc domain name ("Domain Name") with Web Commerce Communications Limited must:- Qualify for registration;
- Submit certain information to Web Commerce Communications Limited; and
- Meet certain conditions as detailed below.
Qualifications for Registration
A Domain Name Registrant ("Registrant") must be either (a) an identifiable human individual (over the age of 18 years); or (b) a legally recognized statutory entity (such as a corporation, limited liability company, partnership, or PLC).Registrant Information
Applications for registration of a particular Domain Name must be accompanied by the following information ("Registrant Information"):- Legally recognized first and last name (surname) of the contact person for the Registrant (this contact person maybe the Registrant itself). If the Registrant is an organization, association, corporation, or other legally recognized entity, the contact person must be a person authorized to legally bind the entity.
- Valid postal address of the Registrant.
- Functioning e-mail address of the Registrant.
- Working telephone number for the Registrant, including country code, area code, and proper extension, if applicable.
Providing true, current, complete, and accurate contact information is an absolute condition of registration of a Domain Name with Web Commerce Communications Limited. If the Registrant Information provided to Web Commerce Communications Limited, or subsequent modification to that information, contains false, inaccurate or misleading information, or conceals or omits pertinent information, Web Commerce Communications Limited may terminate, suspend or place on hold the Domain Name registration of any Registrant without notification and without refund to the Registrant.
The Registrant is responsible for keeping the Registrant Information up to date and responding in a timely fashion to communications from Web Commerce Communications Limited.
Conditions for Registration
- Before a prospective can secure the registration of a particular Domain Name, five (5) conditions must be met:
- Registrant must provide current, complete and accurate Registrant Information to Web Commerce Communications Limited.
- Registrant must acknowledge to have read, understood, accept and agree to be bound by the Web Commerce Communications Limited Registration Agreement.
- Registrant must acknowledge to have read, understood, accept and agree to be bound by Web Commerce Communications Limited Policies, including the Acceptable Use Policy and Dispute Policy.
- Registrant must submit and Web Commerce Communications Limited must receive the appropriate payment for registration of the Domain Name in accordance with the Payment Policy below.
- Web Commerce Communications Limited must accept Registrant's offer to register a Domain Name.
The registrant is bound to adhere to Web Commerce Communications Limited Policies and the Web Commerce Communications Limited Registration Agreement upon WEBCC's dispatch of a confirmation to Registrant that the Domain Name registration has been accepted and completed.
Term of Registration and Renewal Policy
All Domain Names are registered for limited period. Specifically, Registrants may choose to register a domain for the following time periods: (i) one (1) year or; (ii) two (2) years or; (iii) five (5) years. In the absence of any successful legal challenge, the Registrant has the right of first refusal to renew the registration of Registrant's Domain Name. This right will expire in thirty (30) days after the last day of the initial term or then existing term of registration for which Web Commerce Communications Limited has received payment.Payment Policy
Method of PaymentWeb Commerce Communications Limited is accepting both online credit card payment and offline payment method (subject to terms and conditions). Except for the abovementioned, Web Commerce Communications Limited does not accept any other form of payment method.
Inline with our mission to provide the best services to our customers, we have extended our payment option to accept payment via Maybank2u.com.my. View the terms and conditions for the offline payment method below.
Malaysia Online Transfer
Bank: OCBC Al-Amin Bank Berhad
Payable to: Qinetics Solutions Sdn. Bhd.
ID / Registration No.: 400981-M
A/C No: 108-102284-9
Email your bank slip to: Client Care
Oversea Payment
1) Login to Paypal, kindly click on "send money" feature and fill in the information.
2) Email column - finance@webnic.cc
3) Select "services / others" option
4) Remark column - Webcc - [Domain, Transaction]
Bank: OCBC Al-Amin Bank Berhad
Payable to: Qinetics Solutions Sdn. Bhd.
ID / Registration No.: 400981-M
A/C No: 108-102284-9
Email your bank slip to: Client Care
Oversea Payment
1) Login to Paypal, kindly click on "send money" feature and fill in the information.
2) Email column - finance@webnic.cc
3) Select "services / others" option
4) Remark column - Webcc - [Domain, Transaction]
Any Billing inquiries should be directed to: billing@web.cc
Dispute Policy
Click Here to view the Web Commerce Communications Limited Dispute Policy
Cancellation Policy
There are no fees associated with the cancellation of service; however there are no refunds for the registration. Click here to view Web Commerce Communications Limited Cancellation PolicyRefund Policy
Each transaction via Paypal request to refund, a SGD 0.50 handling fees will be charged, the rate will follow by USD convert via monthly rate. Please noted that, this refunds applicable for transaction via Paypal only.Miscellaneous Provisions
Restricted Domain NamesCertain Domain Names consisting of only one, two or three characters, are not available for registration. The Prospective Registrant of such a Domain Name will be advised if the particular Domain Name sought to be registered is unavailable for registration.
Right of Revocation
Web Commerce Communications Limited reserves the right, at its own discretion, to revoke the registration of a Domain Name of any Registrant who has violated Web Commerce Communications Limited Policies, including the Acceptable Use Policy and Dispute Policy, the Web Commerce Communications Limited Registration Agreement or any other agreement or policy binding upon the Registrant with respect to the Domain Name registration.
Registrant's Designated Name Servers
Domain Name Registrants are responsible for ensuring that at least two name servers remain configured and operable. Domains found to have less than two operable name servers may be de-activated by Web Commerce Communications Limited.
DNS Change Request Policy
Registrant cannot make changes to their DNS settings (i.e. point the Domain Name to a different Name Server or Internet Protocol address) until Web Commerce Communications Limited has received payment for the Domain Name registration.
Domain Name Management Password Modification Policy
Registrants are required to submit and use a Domain Name Management password to access their Registrant Information. Blank Domain Name management passwords are not allowed.
Consumer Protection and Fair-Trading Practices
Web Commerce Communications Limited encourages proper and responsible use of Domain Names by its Registrants. However, Registrants are solely responsible for proper use of particular Domain Names.
Any Registrant concerned with the proper use of a particular Domain Name should review the Acceptable Use Policy . Click here to view Web Commerce Communications Limited Acceptable Use Policy Any party or consumer having a complaint or involved in a dispute involving a particular registrant and wishing to know the Registrant Information for a particular Domain Name should consult the Web Commerce Communications Limited Dispute Policy. Click here to view Web Commerce Communications Limited Dispute Policy
Spam Policy
Web Commerce Communications Limited encourages proper and responsible use of Domain Names by its Registrants. However, Registrants are solely responsible for proper use of particular Domain Names.
Any Registrant concerned with the proper use of a particular Domain Name should review the Acceptable Use Policy . Click here to view Web Commerce Communications Limited Acceptable Use Policy
Web Commerce Communications Limited Agreements, Policies, Fees
Registrants are bound to adhere to these Web Commerce Communications Limited Policies, including the Dispute Policy and Acceptable Use Policy, the Web Commerce Communications Limited Registration Agreement, the Web Commerce Communications Limited and any other agreement or policy applicable to Registrants published by Web Commerce Communications Limited via Web Commerce Communications Limited's web site. Registrants are also subjected to the fees applicable for the particular service they request at the time such service is requested.
Modifications to Agreements, Policies and Services
Web Commerce Communications Limited reserves the right to revise the terms and conditions of these Web Commerce Communications Limited Policies, including the Dispute Policy and Acceptable Use Policy, the Web Commerce Communications Limited Registration Agreement, the Web Commerce Communications Limited Agreement or any other agreement or policy published by Web Commerce Communications Limited. Web Commerce Communications Limited may also change the services provided under these agreements and policies. Any such revision or change is binding upon Registrants and effective thirty (30) calendar days after the initial date of the posting of such revisions or modifications on Web Commerce Communications Limited's web site and are retroactive upon the effective date. By continuing to use Web Commerce Communications Limited services after the effective date, Registrants agree to be bound by and abide by any such revisions or changes.
Registrants should review Web Commerce Communications Limited's web site periodically to be aware of any such revisions. If at any time a Registrant does not agree to any revisions to said agreements or policies, Registrant may terminate its agreement with Web Commerce Communications Limited by following the instructions in the Cancellation Policy .
Registration Agreement
Last Modified : 1st November 2008
The purpose of this Registration Agreement (the "Agreement") is to specify the terms, conditions and obligations which a customer agrees to accept by Registrant's conduct of using the Services of WEB COMMERCE COMMUNICATIONS LIMITED ("WEBCC") (ICANN accredited domain registrar) for all the Generic Top Level Domain ("gTLDs") registration services.
This Agreement governs Registrant's use of the Domain Name registered through WEBCC and explains the rights and obligations of Registry Operator, WEBCC and Registrant. Until accepted by Registry Operator, this document constitutes Registrant's offer to register the Domain Name under the terms and conditions stated below.
By registering a Domain Name with WEBCC, Registrant acknowledges that it has read and agrees to be bound by all the terms and conditions of this Agreement, WEBCC Policies, and any other pertinent WEBCC rules or policies that are now or may published by WEBCC in the future.
RECITALS
Registry Operator manages respective Top Level Internet Domain (TLD) (the ".cc TLD", ".com TLD", ".net TLD", ".org TLD", ".biz TLD", ".us TLD", ".info TLD", ".name TLD", ".cn TLD", ".tv TLD", ".my TLD", ".sg TLD", ".tw TLD") as follows,
Verisign, Inc operates ".com", ".net" gTLDs offered by WEBCC, and
Public Interest Registry operates ".org" gTLD offered by WEBCC, and
NeuLevel, Inc and NeuStar International Services, Inc�operates ".biz" gTLD,".us" ccTLD and ".cn" ccTLD offered by WEBCC, and
Afilias Limited operates ".info" gTLD offered by WEBCC, and
Global Name Registry, Ltd operates ".name" gTLD offered by WEBCC, and
Verisign Naming and Directory Services, Inc operates ".cc" AND ".tv" ccTLD offered by WEBCC, and
MYNIC Berhad operates ".my" ccTLD offered by WEBCC, and
Singapore Network Information Centre (SGNIC) Private Limited operates ".sg" ccTLD offered by WEBCC, and
Taiwan Network Information Center �TWNIC� as the �.tw� ccTLD accredited registrar offered by WEBCC
WHEREAS, Registry Operator manage and maintain the TLD database and is responsible for the registration of second level domain names in the TLD; and
WHEREAS, Registrant desires to register and hold the exclusive registration to use the Domain as a second level domain name on the Internet through the services offered by WEBCC; and
WHEREAS, WEBCC desires to grant Registrant an exclusive registration to use the Domain Name for a limited time period for all lawful purposes, in accordance with the terms and conditions set forth below, WEBCC Policies, and any other pertinent WEBCC rules or policies which are now existing or which WEBCC may publish in the future, upon payment to WEBCC of a Registration Fee;
NOW THEREFORE, in consideration of the Registration Fee and the covenants stated below, the exclusive registration of the Domain Name for the term described below subject to the following terms and conditions:
TERMS AND CONDITIONS
1. WEBCC Policies.Registrant acknowledges and understands that by accepting the terms and conditions of this Agreement, it shall be bound by WEBCC Policies, and any pertinent rules or policies that exist now or in the future may be published by WEBCC which are posted on WEBCC. WEBCC may modify this Agreement and WEBCC Policies from time to time, and will post at the top of the particular document the last date upon which it was modified. WEBCC is responsible for publishing WEBCC Policies applicable to its Registrants on WEBCC's Site. Registrant is solely responsible for reviewing the WEBCC Policies on a regular basis. Revisions or modifications to WEBCC Policies shall be effective thirty (30) calendar days after the initial date of posting such revisions or modifications on WEBCC's Site and shall apply retroactively as of the effective date. Registrant's failure to review the WEBCC Policies not less frequently than every thirty (30) days will constitute a breach of this Agreement. WEBCC Policies, which Registrant acknowledges and understands may be changed or modified by WEBCC from time to time, are incorporated into this Agreement by this reference. By Registrant's use of the Domain Name following the effective date of any revision of WEBCC Policies, Registrant agrees to be bound by such revisions of or modifications to WEBCC Policies. In the event Registrant does not wish to be bound by a revision or modification to the WEBCC Policies, Registrant's sole remedy is to cancel its registration of the Domain Name by following the appropriate WEBCC Policy regarding such cancellation.
2. Registration Fee.
Registrant shall pay to WEBCC the Registration Fee rate applicable as of the date the Registrant submits its Domain Name Registration Application. Payment of Registration Fees shall be made in accordance with the WEBCC Policies effective at the time the Registrant submits such Registration Application. If payment is being made by credit card, Registrant hereby expressly authorizes WEBCC to charge the credit card submitted by Registrant to pay for Registrant's registration of the Domain Name.
3. Registrant Information.
Registrant shall ensure that:
- the information submitted by Registrant in connection with the Domain Name registration or otherwise ("Registrant Information") is true, current, complete, accurate, and reliable; and
- Registrant shall maintain, update, and keep Registrant Information true, current, complete, accurate, and reliable.
- information provided by Registrant is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or
- Registrant fails to maintain, update, and keep Registrant Information true, current, complete, accurate, and reliable.
4. Use and Disclosure of Registrant Information.
Registrant concedes and acknowledges that WEBCC may make directly available to third parties, or publicly available, some, or all, of the Registrant Information, for inspection (through WEBCC's WHOIS service) and other purposes as required or permitted by applicable laws or policies. Registrant hereby consents to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by Registrant in connection with the registration of the Domain Name (including any updates to such Registrant Information), whether during or after the term of registration of the Domain Name. Registrant hereby irrevocably waives and releases any and all claims and causes of action it may have arising from such disclosure or use of Registrant's Registrant Information. WEBCC will have no liability to Registrant nor to any third party with respect to any loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of Registrant Information.
5. Agents.
Registrant understands, acknowledges and agrees that by using the Domain Name, Registrant ratifies and is bound by this Agreement even if an agent (such as an Internet Service Provider, domain name retailer, or employee) entered into this Agreement on Registrant's behalf, and even if Registrant has not itself read this Agreement. Further, Registrant is responsible for all information submitted by its agent. WEBCC will not cancel this Agreement, or refund any fees paid to it, because of errors or omissions of the agent in the registration process (e.g., if such agent provides incorrect information) or because of errors or omissions in changes to Registrant's Domain Name registration, without Registrant's actual consent, as such apparent authority will suffice to bind Registrant. By acting on Registrant's behalf, such agent represents and warrants to Registrant and WEBCC that the agent is authorized to bind Registrant hereto and that it has fully and thoroughly advised Registrant of the terms and conditions of this Agreement.
6. Term and Renewal Term.
Registrant's exclusive registration of the Domain Name shall continue for a term specified by Registrant at the time of registration (the "Registration Term"). If the Domain Name Registration is not renewed prior to the last day of the Registration Term, WEBCC reserves the right to terminate the Domain Name Registration as of the last day of Registration Term without further notice to Registrant.
7. Scope of Registration.
Upon the effective date of registration, Registrant will be entitled to exclusive use of the Domain Name. However, Registrant shall not use, display, exploit, or register a Domain Name which action may constitute illegal activity or be in contravention or violation of WEBCC Policies. Registrant acknowledges that a breach of this Section 7 will constitute a material breach of this Agreement which will entitle WEBCC to terminate this Agreement immediately upon such breach without any refund of the Registration Fee. WEBCC may, in its sole discretion, refuse registration of Registrant's desired Domain Name within thirty (30) calendar days from receipt of payment by WEBCC. In case of such refusal, WEBCC shall refund to Registrant the applicable Registration Fee. WEBCC shall not be liable for any loss, damage, or other injury whatsoever resulting from WEBCC's refusal to register Registrant's desired Domain Name.
8. Domain Parking.
During the Domain Name registration, renewal or transfer process, name servers would be requested while the Domain Name being registered, renewed or transferred. If there is no name servers being entered for the Domain Name, the Domain Name will be automatically placed on name servers provided by WEBCC which will be redirected to "Under-Construction" page (collectively as "Parked Domain"). There is no charge for Parked Domain and by not designating name servers during the registration process, WEBCC has been given the consent to and authorization to place the "Under-Construction" page, and its associated contents, on your Parked Domain until any modification of name servers after the Domain Name registration is complete. In the event of Domain Name registration terms expires but prior to renewal, the Domain Name will be redirected to the "Domain Expired" page (collectively as "Parked Domain"). There is no charge for the parked Domain Name. By not renewing the Domain Name, WEBCC has been given the consent to and authorization to place the "Domain Expired" page, and its associated contents, on your parked Domain Name. The name server configuration (or "un-park" the Domain Name) after the renewal is complete. The "Under-Construction" and/or "Domain Expired" pages may contain advertisements and other materials selected by WEBCC, in WEBCC's sole discretion. This may include, but is not limited to third-party Web sites, third-party product and service offerings, and/or Internet search engines.
9. Domain Name Registration After Expiration.
For a period of approximately 40 days after expiration of the term of domain name registration services, Registrant acknowledge that there are procedures that provided by WEBCC which the expired domain name registration services may be renewed, called the "renewal grace period." Registrant shall assume all risks and all consequences if Registrant were to wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services.
Should the Registrant not renew the domain name registration services during the renewal grace period, WEBCC shall reserved all rights, in our sole discretion, to renew and transfer the domain name registration services to WEBCC or a third party on your behalf (such a transaction is hereinafter referred to as an "Expired Domain Transfer"), and Registrant failure to notify WEBCC after the domain name expiration date shall constitute consent from the Registrant to such an Expired Domain Transfer. Registrant also agreed and acknowledged that the Expired Domain Transfer process may be facilitated through a single Expired Domain Transfer Customer, or through a brief auction involving multiple parties who are interested in the domain name. WEBCC shall not guarantee and make no representation or promise, that any Expired Domain Transfer will occur with respect to any particular domain name.
10. Registrant Representations and Warranties.
Registrant represents, warrants, and guarantees that
- Registrant understands that use of the Domain Name may be subject to applicable laws, including those concerning trademarks and other types of intellectual property;
- to the best of the Registrant's knowledge and belief, neither the registration of the Domain Name nor the manner in which it is to be directly or indirectly used infringes the intellectual property rights of another party;
- Registrant understands that use of the Domain Name is subject to all terms and conditions of this Agreement, WEBCC Policies, and any other pertinent rule or policies now existing or which WEBCC may publish in the future and from time to time;
- Registrant does register and will use, display, or exploit the Domain Name in good faith, in accordance with international, federal, and state laws and regulations, and will not use the Domain Name in any way which may violate a subsisting right of any party; and
- the information provided by the Registrant is true and accurate, and Registrant will update said information immediately if it changes.
11. WEBCC Representations and Warranties.
WEBCC represents, warrants, and guarantees that
- WEBCC is the delegated and authorized manager of the TLD; and
- WEBCC has the full right, power, legal capacity, ability, and authority to enter into this Agreement, and to carry out the terms and conditions hereof notwithstanding the disclaimer below.
12. Breach of Agreement or WEBCC Policies.
Failure of Registrant to abide by any provision of this Agreement or WEBCC Policies may be considered a material breach. In the event of such material breach, WEBCC may, but shall not be required to, provide a written note to Registrant describing the breach. In the event a written notice is given, Registrant shall have thirty (30) days to cure such breach or to provide evidence reasonably satisfactory to WEBCC that there is no breach of this Agreement or WEBCC Policies. In the event of a breach that is not cured or refuted by Registrant to WEBCC's satisfaction, WEBCC may cancel Registrant's Domain Name registration without refund and without further notice and pursue any and all legal remedies it may have against Registrant. Any such breach by Registrant shall not be deemed excused because WEBCC did not act earlier in response to the breach by Registrant. Registrant expressly agrees that, notwithstanding anything to the contrary in this paragraph 10, WEBCC shall not be required to provide a notice of breach if such breach arises from Registrant's failure to pay fees due to WEBCC, Registrant's violation of state, federal or international laws or statutes, or WEBCC is acting under an order issued by a court of law or other governmental entity.
13. Disputes Involving Registrants.
Registrant acknowledges that WEBCC cannot, and does not, screen or otherwise review Domain Name applications to verify that Registrant has legal rights to use a particular word or term used in the Domain Name. In the event any party disputes Registrant's legal right to use, display, exploit, or register the Domain Name in any fashion, WEBCC and Registrant shall act in accordance with the Dispute Policy as set forth hereafter. Registrant is strongly encouraged to, prior to applying for registration of the Domain Name, perform a trademark search with respect to the words and/or phrases comprising the Domain Name. Registrant will be solely liable in the event Registrant's use of a Domain Name constitutes an infringement or other violation of a third party's rights.
14. DOMAIN NAME THE DISPUTE POLICY.
Registrant agrees to be bound by ICANN Uniform Dispute Registration Policy as this policy may be in effect at the time any dispute arises regarding claims by third parties to any rights to your Domain Name. This Dispute Policy is incorporated herein and made a part of this Agreement by reference. Please find The current version of the Dispute Policy and applicable rules and take time to familiarize the policy.
Registrant acknowledges and agrees that registration of a Domain Name shall, for the following reasons, be subject to suspension, cancellation, or transfer pursuant to any policy adopted by ICANN, as well as to any procedures of WEBCC not inconsistent with ICANN adopted policy:
- to correct mistakes made by WEBCC or other ICANN accredited registrars and the registry operator in the registration of a Domain Name; and
- for the resolution of disputes concerning a Domain Name.
15. Suspension, Cancellation and Transfer by ICANN or approved ICANN policies.
Registrant agrees that the Domain Name registered with WEBCC shall be subject to suspension, cancellation or transfer by any ICANN procedures, or by any Registry procedure approved by ICANN policy, which include:
- correction of mistake by WEBCC or Registry in registering the Domain Name;
- for the resolution of disputes concerning the Domain Name;
- Arbitration or court proceeding commenced with respect to the right or ownership of the Domain Name;
- activities that infringed intellectual property rights or any other rights of third parties and activities that defames or disparages any third parties and
- illegal or fraudulent activity or against any Acceptable Use Policy.
16. DOMAIN NAME DISPUTES.
Registrant agrees that in the event a Domain Name dispute arises with any third party, Registrant will indemnify and hold WEBCC harmless pursuant to the terms and conditions set forth below in this Agreement. If WEBCC is notified that a complaint has been filed with a judicial or administrative body regarding Registrant's use of a Domain Name (the "Disputed Domain"), Registrant agrees not to make any changes to the Disputed Domain's record without WEBCC's prior approval. WEBCC may not allow Registrant to make changes to such Disputed Domain's record until
- WEBCC is directed to do so by the judicial or administrative body, or
- WEBCC receives notification by Registrant and the other party contesting Registrant's registration and use of the Disputed Domain that the dispute has been settled.
17. Indemnity.
Registrant shall defend, indemnify, and hold harmless Registry Operators, WEBCC and its officers, directors, shareholders, owners, managers, employees, agents, contractors, affiliates, premier partners and attorneys ("WEBCC Related Parties") from and against any and all claims of third parties or made by 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, including reasonable attorneys' fees (which attorneys shall be hired at the sole discretion of WEBCC) and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Agreement, use of WEBCC's Domain Name registration or other services, or to the Domain Name itself, including Registrant's use, display, exploitation, or registration of the Domain Name, as well as for infringing or otherwise damaging content displayed or otherwise made available via the Domain Name. If WEBCC is threatened by claims or suit of a third party, WEBCC may seek written assurances from the Registrant concerning the Registrant's obligation to indemnify WEBCC. Failure to provide such written assurances is a material breach of this Agreement. Failure of Registrant to fully indemnify WEBCC in a timely manner will result in termination of Registrant's registration to the Domain Name; such termination of the Domain Name shall in no way prejudice WEBCC's right to seek the indemnity by way of litigation or otherwise.
18. Disclaimer; Limitation of Liability.
REGISTRY OPERATORS AND WEBCC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN NAME, OR IN ANY OTHER WAY RELATED TO THE DOMAIN NAME, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, WEBCC AND WEBCC RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN NAME ARISING FROM "HACKING" OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN NAME. FINALLY, WEBCC IS NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORIZED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE TLD, OR BREACH OF SECURITY, EVEN IF WEBCC HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF WEBCC MAY FORESEE SUCH POSSIBLE DAMAGES. REGISTRANT'S SOLE REMEDY FOR WEBCC'S BREACH OF THIS AGREEMENT SHALL BE A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM) PAID TO WEBCC, WHICH REMEDY REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO WEBCC BY THE REGISTRANT.
19. Notices.
Notices required to be delivered hereunder to WEBCC or Registrant shall be delivered by registered or certified official Mail of a country, postage prepaid, or by reputable commercial courier service (e.g., Federal Express) in the manner of quickest delivery (i.e., overnight delivery, if possible). Notices to Registrant shall be delivered to the address stated in the Registrant Information submitted by Registrant, unless Registrant submits a modification to such information, in accordance with the then current WEBCC policy relating to domain name information modifications, in which case Notices to Registrant shall be delivered to the address in the most recent Domain Modification Form; and Notices to WEBCC shall be delivered to the address stated below, unless WEBCC posts a different address at http://www.web.cc/contact.html, in which case Notices to WEBCC shall be delivered to that address. Notices delivered by reputable commercial courier service in the manner of quickest delivery shall be deemed delivered three (3) business days following dispatch. Notices mailed by registered or certified official Mail of a country shall be deemed delivered seven (7) business days after mailing. Send Notices to WEBCC at:
WEB COMMERCE COMMUNICATIONS LIMITED
Lot 2-2 Incubator 1,
Technology Park Malaysia,
57000, Kuala Lumpur, Malaysia
20. Governing Law/Forum Selection.
This agreement is governed by the laws of the State of Washington, USA applicable to contracts made and performed in the State of Washington, without regard to conflict of laws principles. Registrant hereby consents to the exclusive personal jurisdiction of the courts in Seattle, King County, Washington, USA for any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to the Domain Name, this Agreement, or WEBCC Policies. The exclusive venue for such action shall be the United States District Court for the Western District of Washington in downtown Seattle. If such dispute does not fall within the jurisdiction of the United States federal courts, then the exclusive venue for such action shall be the Superior Court of the state of Washington in Seattle, King County, Washington USA. Registrant waives any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and Registrant waives any statutory or other right pursuant to the laws of the jurisdiction in which Registrant resides to have a case relating to this Agreement adjudicated or resolved in that jurisdiction.
21. Information and Use of Information.
Registrant acknowledges and consent that the use of the Registrant Information that was collected by WEBCC from Registrant will be solely use for :
- transmitted to the Registry administrator for Registry usage,
- made publicly available as required by ICANN, the registry or the relevant regulator,
- used by WEBCC for inclusion in registers and data bases produced by WEBCC or its authorised agent.
22. Severability.
If any provision of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall not be affected thereby and shall continue in full force and effect as nearly as possible to reflect the original intention of WEBCC and Registrant in executing this Agreement.
23. No Waiver.
The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party.
24. Full Integration.
This Agreement, together with WEBCC Policies expressly incorporated herein by reference, constitutes the entire agreement between Registrant and WEBCC relating to the Domain Name. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this Agreement, and this Agreement supersedes all prior written, oral, or electronic agreements between Registrant and WEBCC relating to the Domain Name.
25. Written Agreement.
This Agreement constitutes a written agreement between Registrant and WEBCC even though Registrant's offer underlying the Agreement may be dispatched electronically, and even though WEBCC may accept this Agreement electronically. A printed version of this Agreement, and of any notice given in electronic form related to this 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.
26. Force Majeure.
Registrant acknowledges and agrees that under any circumstances, WEBCC shall not be liable to Registrant for failures or delays in performing WEBCC's obligations hereunder arising from any cause beyond WEBCC'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 WEBCC'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.
27. Foreign Language; Controlling Language.
In the event Registrant is reading this Agreement in a language other than the English language, Registrant acknowledges and agrees that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.
28. Additional Registry Requirements
The following provisions apply to any domain names that was registered through WEBCC in the relevant registry(ies).
A. (.INFO) with Respect to any registration of a .INFO second level domain name, Registrant agree to the following terms:
- Registrant agreed to allow for the use, copying, distribution, publication, modification, and other processing of Registrant's Personal Data by Afilias, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract.
- Registrant agree to submit to proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP) and comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are subject to modification by Afilias in its discretion.
- Registrant agree to immediately correct and update the registration information for the .INFO registered domain name during registration term for such domain name; failure to correct this information shall constitute a breach of this Agreement.
- Registrant acknowledge that Afilias, will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation:
- the ability or inability of a registrant to obtain a given domain name during these periods, and
- the results of any dispute over a Sunrise Registration.
- WEBCC and Afilias, expressly reserve the right to deny, cancel or transfer any registration that either shall deem necessary, in its discretion, to protect the integrity and stability of the .INFO registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of WEBCC and/or Afilias as well as their affiliates, subsidiaries, officers, directors and employees. WEBCC and Afilias also reserve the right to lock a domain name during resolution of a dispute.
B. (.BIZ) With respect to any registration of a .BIZ second level domain name, Registrant agree to the following terms:
- Registrant agreed that all registrations of .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
- To exchange goods, services, or property of any kind;
- In the ordinary course of trade or business; or
- To facilitate
- the exchange of goods, services, information, or property of any kind; or,
- the ordinary course of trade or business. Registering a domain name solely for the purposes of
- selling, trading or leasing the domain name for compensation, or
- the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.
- As a .biz domain name registrant, Registrant hereby certify that:
- The registered domain name will be used primarily for bona fide business or commercial purposes and not
- exclusively for personal use; or
- solely for the purposes of
- selling, trading or leasing the domain name for compensation, or
- the unsolicited offering to sell, trade or lease the domain name for compensation.
- Registrant has the authority to enter into this Agreement; and
- The registered domain name is reasonably related to business or intended commercial purpose at the time of registration.
- The registered domain name will be used primarily for bona fide business or commercial purposes and not
- As part of the registration process, Registrant is required to provide and update the Registrant information and to keep it current, complete and accurate. The information includes
- the full name, postal address, e-mail address, voice telephone number, and fax number if available for all the Technical contact, Billing contact and Administrative contact for the domain name
- the name of an authorized person for contact purposes in the case of a registrant that name
- the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation;
- the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain name;
- the corresponding names of those nameservers; and
- any remark concerning the registered domain name that should appear in the Whois directory.
Registrant agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Agreement. - Registrant hereby represent any information collected by WEBCC concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of the domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.
- Registrant agree to be bound by the domain name dispute policy that is incorporated herein and made a part of this Agreement. In addition, Registrant acknowledged that he have read, understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
- The Uniform Domain Name Dispute Resolution Policy
- The Start-up Trademark Opposition Policy ("STOP")
- The Restrictions Dispute Resolution Criteria and Rules
The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain name ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .biz domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant. The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes. - Registrant agree that WEBCC may modify the dispute policy and will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective on the registration of Registrant's domain name. In the event that Registrant do not agree to any of such modification, Registrant may terminate this Agreement and WEBCC will not refund any fees paid if Registrant chose to terminate the Registration Agreement with WEBCC.
- Registrant agree that in the event the utilization of any WEBCC domain name registration services is challenged by a third party, Registrant will be subject to the provisions specified in WEBCC dispute policy in effect at the time of the dispute. Registrant agree that in the event a domain name dispute arises with any third party, Registrant will indemnify and hold WEBCC harmless pursuant to the terms and conditions set forth below in this Agreement. In the event that WEBCC is notified that a complaint has been filed with a judicial or administrative body regarding Registrant's use of our domain name registration services, Registrant agree not to make any changes to the domain name record without our prior approval. WEBCC may not allow Registrant to make any changes to such domain name record until
- directed by the judicial or administrative body, or
- WEBCC receive notification by Registrant and the other party contesting the domain name registration confirmed that the dispute has been settled.
- WEBCC and NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that either deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of WEBCC and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. WEBCC and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.
- Registrant represent and certify that, to the best of 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 any third party,
- Registrant have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder,
- Registrant are of legal age to enter into this Agreement, and
- Registrant agree to comply with all the applicable laws, regulations and policies of the Peoples Republic of China's governmental agencies and the China Internet Network Information Center ("CNNIC"), including but not limited to the following rules and regulations:
- As part of the registration process, Registrant is required to provide and update the Registrant information and to keep it current, complete and accurate. The information includes
- the full name, postal address, e-mail address, voice telephone number, and fax number if available for all the Technical contact, Billing contact and Administrative contact for the domain name
- the name of an authorized person for contact purposes in the case of a registrant that name
- the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation;
- the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain name;
- the corresponding names of those nameservers;
- any remark concerning the registered domain name that should appear in the Whois directory and
- any other data CNNIC, as the Registry, requires to be submitted. Registrant agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory pursuant to the CNNC Policy.
Any information collected by WEBCC concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of the domain name(s) and for the purposes of this Agreement and as required or permitted by the CNNIC. - The .cn top-level domain space is intended for businesses and organizations and not for individual use. By registering a .cn domain name, Registrant hereby represent that the domain name is registered on behalf of a business or organization.
- The maximum term for a domain name registration in the .cn TLD shall be five (5) years. Domain Name Registrations shall be available for terms of one, two, three, four and five years.
- Registrant may not register or use a domain name that is deemed by CNNIC to:
- Be against the basic principles prescribed in the Constitution of the Peoples Republic of China ("PRC");
- Jeopardize national security, leak state secrets, intend to overturn the government, or disrupt of state integrity of the PRC;
- Harm national honor and national interests of the PRC;
- Instigate hostility or discrimination between different nationalities, or disrupt the national solidarity of the PRC;
- Violate the PRC's religion policies or propagate cult and feudal superstition;
- Spread rumors, disturb public order or disrupt social stability of the PRC;
- Spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC;
- Insult, libel against others and infringe other people's legal rights and interests in the PRC; or
- Take any other action prohibited in laws, rules and administrative regulations of the PRC.
- Registrant stated on the registrant record shall be and responsible for providing 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. Registrant accept liability for harm caused by wrongful use of the domain name.
- By registering a second or third-level .cn domain name through WEBCC, Registrant agree to be also bound by the CNNIC Domain Name Dispute Resolution Policy & Rules for CNNIC Domain Name Dispute Resolution Policy ("Dispute Policy"), which is incorporated herein and made a part of this Agreement by reference. In addition, Registrant hereby acknowledge that they have read and understood and agree to be bound by the terms and conditions of the policies of the CNNIC, as may be amended from time to time, and which are hereby incorporated and made an integral part of this Agreement.
- For the adjudication of disputes concerning or arising from use of the Registered Name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the Registrant's domicile, (b) where Registrar is located, and (c) the People's Republic of China.
- For the adjudication of a dispute concerning or arising from use of the domain name, such dispute shall be governed under the Laws of the Peoples Republic of China.
- Registrant agree that the registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any CNNIC adopted specification or policy, or pursuant to any registrar or CNNIC procedure inconsistent with a CNNIC adopted specification or policy,
- to correct mistakes by Registrar or the CNNIC in registering the name or
- for the resolution of disputes concerning the domain name .
- The Registrant shall indemnify and hold harmless to WEBCC, Neustar Inc, CNNIC and their directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant's (a) domain name registration and (b) use of any of a domain name.
- WEBCC, Neustar Inc, and CNNIC reserve the right to deny, cancel or transfer any registration that may deem necessary, in their discretion,
- to protect the integrity and stability of the registry,
- to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process,
- to avoid any liability, civil or criminal, on the part of CNNIC, the Registry Gateway Provider or WEBCC, as well as their affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders,
- for violations of this Agreement, or
- to correct mistakes made by Registry Gateway Provider, CNNIC or any registrar in connection with a domain name registration.
CNNIC, Registry Gateway Provider and WEBCC also reserve the right to freeze a domain name during resolution of a dispute.
- Eligibility Requirements. Registrant represent and warrant that every registration Registrant are applying for in the .name TLD satisfies the eligibility requirements ("Eligibility Requirements") established by Global Name Registry Ltd., the registry for the .name TLD
- Dispute Resolution Policies. Registrant agree that every service registered is subject to the Uniform Domain Dispute Resolution Policy (the "UDRP") and the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"). Without limiting the foregoing, Registrant agree that
- every Defensive Registration is subject to challenge pursuant to the ERDRP;
- if a Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registration Holder will pay the challenge fees;
- if a challenge to a Defensive Registration is successful, the Defensive Registration will be subject to the procedures described in the ERDRP and the Eligibility Requirements including, without limitation, the cancellation of the Defensive Registration Holder's other Defensive Registrations; and
- if a Phase I Defensive Registration (as defined by the .name registry) is successfully challenged on the basis that it does not meet the applicable eligibility requirements, the Defensive Registration Holder will thereafter be required to demonstrate, at its expense, that it meets the eligibility requirements for Phase I Defensive Registrations for all other Phase I Defensive Registrations that it registered within .name through any registrar.
In the event the Defensive Registration Holder is unable to demonstrate the foregoing with respect to any such Phase I Defensive Registration(s), those Defensive Registration(s)will be cancelled. - Limitation of Liability. In addition to the other limitations of liability contained herein, Registrant agree that neither the .name registry nor Verisign shall have any liability of any kind for any loss or liability resulting from
- the processing of registration requests prior to live SRS launch, including, without limitation, Registrant's ability or inability to obtain a Registered Name, a second-level domain e-mail address registration (an "SLD E-mail Address"), a Defensive Registration, or a NameWatch Registration using the services provided by Verisign or the .name registry; or
- any dispute over any Registered Name, SLD E-mail Address, Defensive Registration or NameWatch Registration, including any dispute resolution proceeding related to any of the foregoing.
- Registrant shall obey and comply with the .TW Domain Name Registration Agreement (English version or Chinese version )of TWNIC.
- Registrant shall obey and comply with any and all applicable laws, regulations and administrative policies promulgated by Taiwan government agency.
- Registrant agrees to obey, comply with and be bound by TWNIC rules and regulations and their any and all updates, revisions and modifications, which may be made by TWNIC from time to time, including but not limited to:
- Supervision and Guidance Regulation for Internet Protocol (IP) Address and Domain Name Registration and Management Services
- Guidelines for Administration of Domain Name Registration (
- Guidelines for Authorization of Domain Name Registration Services
- TWNIC Domain Name Dispute Resolution Policy
- Rules for TWNIC Domain Name Dispute Resolution Policy
- Registrant shall agree that its registration of the ..SG Domain Name shall subject to suspension, cancellation, or transfer pursuant to the RPPG and SDRP, and in particular, but without limitation, to correct mistakes made by WEBCC or SGNIC in registering the Domain Name; or for the resolution of disputes concerning the Domain Name. SGNIC shall have the right, at any time and from time to time, acting reasonably, to amend the RPPG and SDRP. Any such amendment will be binding and effective on the WEBCC 30 days after SGNIC gives a written notice of such amendment to WEBCC and WEBCC agrees to promptly amend the Registration Agreement before the expiration of the 30 days. All amendments whether or not reflected in the Registration Agreement by WEBCC within the said 30 days shall be binding and effective on the Registrant;
- Registrant acknowledges and agrees that registration of .SG Domain Name does not create any proprietary right for any Registrant, WEBCC or any other Person in the name used as a Domain Name or the Domain Name registration and that the entry of a Domain Name in the Registry or in the WHOIS system of the Registry shall not be construed as evidence or ownership of the Domain Name registered as a Domain Name. The Registrant shall represent that, to the best of the Registrant's 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 any third party;
- WEBCC shall immediately give notice to the Registrant in the event that WEBCC is no longer a SGNIC accredited registrar, has had its accreditation as a SGNIC accredited registrar suspended or terminated or upon termination or expiry of this Agreement. SGNIC may post notice of such suspension, termination or expiry on its website and may, if SGNIC deems appropriate, give notice to the Registrant thereof. In the event of the above, WEBCC shall ensure each Registrant is responsible for changing its WEBCC record to a new SGNIC accredited registrar in the manner prescribed in the RPPG;
- The Registrant agreed to provide WEBCC the complete and accurate data and promptly correct and update them during the term of the Domain Name registration. Registrant's willful provision of incomplete and inaccurate or unreliable information and failure to promptly update information provided to WEBCC, or its failure to respond for over 15 days to inquiries by WEBCC concerning the accuracy of contact details associated with the Registrant's registration shall constitute a material breach of the Registrant Agreement and be a basis for cancellation of the .SG Domain Name registration; and
- all Parties agreed that SGNIC shall have the right to enforce all the terms of the Registration Agreement in accordance with the Contracts (Rights of Third Parties) Act 2001.
Acceptable Use Policy
Last Modified : 12th March 2008
This Acceptable Use Policy (the "AUP") governs the use of, and sets forth the policies of Registry relating to, the computer systems, hardware, servers, bandwidth, telecommunications transport, and e-mail routing provided by Registry (together, the "Registry Network"). Registry and WEBCC created the AUP to promote the integrity, security, reliability and privacy of the Registry and WEBCC Network.
WEBCC manages respective Top Level Internet Domain (TLD) (the ".cc TLD", ".com TLD", ".net TLD", ".org TLD", ".biz TLD", ".info TLD", ".name TLD", ".mobi TLD", ".travel TLD", ".cn TLD", ".tw TLD", ".us TLD", ".hk TLD", ".eu TLD", ".my TLD", ".vn TLD", ".tv TLD", ".sg TLD", ".ph TLD", ".cd TLD", ".in TLD", ".kr TLD", ".jp TLD" and ".th TLD", ".de TLD", ".it TLD", ".li TLD", ".uk TLD", "auTLD", ".nzTLD", ".pkTLD" and ".laTLD") as follows,
Verisign, Inc operates ".com", ".net" gTLDs offered by WEBCC, and Public Interest Registry operates ".org" gTLD offered by WEBCC, and NeuLevel, Inc and NeuStar International Services, Inc operates ".biz" gTLD,".us" ccTLD and ".cn" ccTLD offered by REGISTRAR, and Afilias Limited operates ".info" gTLD offered by WEBCC, and Global Name Registry, Ltd operates ".name" gTLD offered by WEBCC, and mTLD Mobile Top Level Domain, Ltd operated “.mobi” gTLD offered by WEBCC, and Tralliance Corporation operates “.travel” gTLD offered by WEBCC, and Verisign Naming and Directory Services, Inc operates ".cc" AND “.TV” ccTLD offered by WEBCC, and Hong Kong Domain Name Registration Company Limited operates “.hk” ccTLD offered by WEBCC, and EURid operates “.eu” ccTLD offered by WEBCC, and MYNIC Berhad operates “.my” ccTLD offered by WEBCC, and Vietnam Internet Network Information Center (“VNNIC”) operates “.vn” ccTLD offered by WEBCC, and Singapore Network Information Centre (SGNIC) Private Limited operates “.sg” ccTLD offered by WEBCC, and DotPH Domains, Inc operates “.ph” ccTLD offered by REGISTRAR, and Congo Internet Management operates “.cd” ccTLD offered by REGISTRAR, and Web works as the “.in” ccTLD accredited registrar offered by REGISTRAR, and Gabia Inc. as the “.kr” ccTLD accredited registrar offered by REGISTRAR, and Solis KK as the “.jp” ccTLD accredited registrar offered by REGISTRAR, and T.H.NIC Co., Ltd. as the “.th” ccTLD accredited registrar offered by REGISTRAR, and Taiwan Network Information Center “TWNIC” as the “.tw” ccTLD accredited registrar offered by REGISTRAR, and Key-Systems GmbH as the “.de”, “.it”, “.li” and “.uk” ccTLD accredited registrar offered by REGISTRAR. Distribute.IT Pty Ltd as the “.au” and “.nz” ccTLD accredited registrar offered by REGISTRAR, and PKNIC as the “.pk” ccTLD accredited registrar offered by REGISTRAR, and GAA International Limited as the “.la” ccTLD accredited registrar offered by REGISTRAR.
WHEREAS, Registry Operator manages and maintains the TLD database and is responsible for the registration of second level domain names in the TLD.
No party may use, transmit data through, or invite any third party to transmit data through the Registry and Web Commerce Communications Limited ("WEBCC") Network (Network, except in strict accordance with this AUP. The AUP is not a mechanism to resolve disputes between domain name registrants and third parties. To the contrary, the AUP sets forth only the permissible use of the Registry and WEBCC Network.
1. Introduction.
Registry and WEBCC supports the free flow of information and ideas over the Internet. Accordingly, Registry and WEBCC does not actively monitor, nor does Registry and WEBCC exercise editorial control over, the content of any message or web site accessible through the Registry and WEBCC Network. However, Registry and WEBCC reserves the right to remove any materials that, in Registry and WEBCC 's sole discretion, are potentially illegal, constitute copyright infringement, may subject Registry to liability, or otherwise violate the AUP. This AUP should be read in conjunction with WEBCC's Registration Agreement, Dispute Policy, and other applicable agreements or policies.
2. Compliance With Law;
Respecting Rights. No party shall post, transmit, re-transmit, distribute, promote, market, or store material on or through the Registry and WEBCC Network which
- is threatening, abusive, hateful, obscene, indecent, or defamatory;
- involves the exportation of software or technical information in violation of applicable export control laws;
- encourages conduct that may constitute a criminal offense;
- constitutes a copyright infringement; or
- involves the transmission, distribution, or storage of information or data which on its face is in violation of any law or contains a virus.
3.Electronic Mail; Spam.
Registry and WEBCC expressly prohibits users of the Registry and WEBCC Network from engaging in the following activities:
- Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material ("Spam"). No Person may use the Registry and WEBCC Network, and specifically the Registry mail servers, for sending Spam or any other type of unsolicited bulk mail messages. 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 it. If a recipient asks to stop receiving such e-mail, then any further sending would constitute Spam and violate 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).
4. Non-Interference With Registry and WEBCC Products or Services.
No party may use the Registry and WEBCC Network for actions which restrict or inhibit any Person, whether a customer of Registry and WEBCC or otherwise, in its use or enjoyment of the Registry and WEBCC Network or any service or product of Registry and WEBCC. Additionally, no party may actually nor purportedly partner Registry and WEBCC's services and products without the prior written consent of Registry and WEBCC.
5. Consumer Protection.
No party may use the Registry and WEBCC Network for any communications or activity which may involve deceptive marketing practices such as the fraudulent offering of products, items, or services. Moreover, no party may furnish false or misleading information to Registry and WEBCC or any other party through the Registry and WEBCC Network, nor shall any party use the Registry and WEBCC Network to facilitate the transmission of private or stolen data such as credit card information (without the cardholder's consent). Finally, any message or website accessible through the Registry and WEBCC Network shall prominently contain the contact information (including e-mail address, physical mail address, and phone number) for the Person responsible for such message or website.
6. Registry and WEBCC Network Integrity.
No party may actually, nor 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 Registry and WEBCC 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 Registry and WEBCC 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 by the Internet.
7. Non-Exclusive; Not Exhaustive.
This AUP is intended to provide guidance as to acceptable use of the Registry and WEBCC Network. However, the AUP is not exhaustive. Therefore, if you desire to use the Registry and WEBCC Network for a purpose which is not expressly permitted herein, then you should first obtain written consent by e-mail from Registry or WEBCC by sending a request to policy@web.cc.
8. Complaints.
Persons who wish to notify Registry and WEBCC of abusive conduct in violation of the AUP may report the same pursuant to Registry's Acceptable Use Policy Enforcement Procedure which is instituted by submitting to Registry and WEBCC completed Registry Acceptable Use Policy Violation Complaint Form.
9. Enforcement.
Registry and WEBCC may, in its sole discretion, suspend or terminate a customer's service for violation of any of AUP at any time and without warning. However, Registry and WEBCC attempt to work with customers to cure violations and to ensure that there is no re-occurrence of the violation prior to terminating service.
10. Limitation of Liability.
In no event shall Registry and WEBCC be liable to any user of the Registry and WEBCC Network, any customer, nor any third party for any direct, indirect, special or consequential damages for actions taken pursuant to this AUP, including, but not limited to, any lost profits, business interruption, loss of programs or other data, or otherwise, even if Registry and WEBCC were advised of the possibility of such damages.
11. Modification; Amendment.
Registry and WEBCC reserve the right to modify or re-state the AUP at any time and any such modifications or restatements shall be deemed effective thirty (30) days after such revisions or restatements are posted on WEBCC's website
12. Removal of Content; Responsibility.
At its sole discretion, Registry and WEBCC reserve the right to remove content or other material from its servers posted by, or terminate access to the Registry and WEBCC Network for, any Person that Registry and WEBCC determine has violated this AUP. In any regard, Registry and 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 Registry and WEBCC Network. Registry and WEBCC do not create a duty to take any action with respect to such content or message by creating this AUP.
Dispute Policy
Source:ICANN Domain Name Dispute Resolution PoliciesThe 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.
Note: For customer-service complaints about a registrar of domain names,
please see the Registrar
Problem Reports Page.
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 Dispute Resolution 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 by submitting 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 unsponsored 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.Proceedings
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:List of Approved Dispute Resolution Service Providers
Limited indexes of past UDRP proceedings are archived in the following link:
Archived Indexes and Statistics for UDRP Proceedings
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 (icann@icann.org) and by postal mail:
Internet 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 the applicant's track record of handling the clerical aspects of expedited ADR
- proceedings.
- 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.
Domain Transfer Policy
Last Modified: 11st Sept 2008
This Transfer Policy (the "TP") governs the use of, and sets forth the policies of Web Commerce Communications Limited ("WEBCC") (ICANN accredited domain registrar) for all the Top Level Domain ("TLD") including the Generic Top Level Domain ("gTLDs") and Country Code Top Level Domain ("ccTLD") transfer policy and procedures adopted by WEBCC. Registry Operator manages respective Top Level Internet Domain (TLD) (the ".cc TLD", ".com TLD", ".net TLD", ".org TLD", ".biz TLD", ".us TLD", ".info TLD", ".name TLD", ".cn TLD", ".tv TLD", ".my TLD", ".sg TLD", ".tw TLD") as follows,
Verisign, Inc operates ".com", ".net" gTLDs offered by WEBCC, and Public Interest Registry operates ".org" gTLD offered by WEBCC, and NeuLevel, Inc and NeuStar International Services, Inc operates ".biz" gTLD,".us" ccTLD and ".cn" ccTLD offered by WEBCC, and Afilias Limited operates ".info" gTLD offered by WEBCC, and Global Name Registry, Ltd operates ".name" gTLD offered by WEBCC, and Verisign Naming and Directory Services, Inc operates ".cc" AND ".tv" ccTLD offered by WEBCC, and MYNIC Berhad operates ".my" ccTLD offered by WEBCC, and Singapore Network Information Centre (SGNIC) Private Limited operates ".sg" ccTLD offered by WEBCC. Taiwan Network Information Center “TWNIC” as the “.tw” ccTLD accredited registrar offered by WEBCC, and
WHEREAS, Registry Operator manages and maintains the TLD database and is responsible for the registration of second level and third level domain names in the TLD.
- Domain Name Transfer Policy ("Policy") sets forth the terms and conditions of Web Commerce Communications Limited ("WEBCC")'s Domain Name Transfer, for transferring a registered domain name from any other Registrar to WEBCC (as "Registrar"). By entering into this the Domain Name Transfer, it will be bound by all the terms and conditions of this Policy, Dispute Policy, along with any new, different or additional terms, conditions or policies which WEBCC may establish from time to time.
- WEBCC is a registrar bound by an agreement between WEBCC and the Internet Corporation for Assigned Names and Numbers ("ICANN") and WEBCC may modify this Policy in order to comply with applicable law and the terms and conditions set forth by ICANN and/or the Registry Administrator chosen by ICANN, as well as any registration rules or policies that may be published from time to time by WEBCC.
-
WEBCC will be contacting the Administrative Contact's email address for transfer approval. The transfer will only be initiated upon approval from REGISTRANT Administrative Contact. Once initiated, a transfer will be accepted or denied by the losing registrar within 5 days.
WEBCC may choose to accept or reject REGISTRANT domain name transfer application for any reason at its sole discretion. Rejections may include, but are not limited to the followings:- losing registrar rejected the transfer.
- registration took place less than sixty (60) days prior to the transfer request.
- domain name under locked status by either Registry or losing registrar.
- domain was transferred to WEBCC for less than sixty (60) days prior to the transfer request.
- domain name expired and not renewed.
- domain name expired and renewed during the forty-five (45) day grace period, which the 45 days grace period has not yet expired.
- Registrant information has changed for less than sixty (60) days prior to the transfer request.
- pending bankruptcy of Registrant.
- dispute over the identity of Registrant.
- situation described in the Dispute Policy.
- Upon successful transfer, WEBCC shall become the Registrar of the Domain Name Record. There will be no change for the Registrant information for the Domain Name and registration will be automatically extended by one year. Domain name registration transfers may only be initiated once payment is made and the Administrative contact has responded positively to Domain Name Transfer confirmation email asking for Permission to Transfer. The Domain Name Transfer confirmation email will be sent to the Domain Name(s) Administrative Contact as identified in the WHO-IS database. The Administrative Contact will be acting on behalf of the Registrant and has legal authority to initiate this transfer request. Registrant is responsible for updating the Administrative Contact's email as identified in the WHO-IS database.
- For Domain Name Transfer that has been recently renewed, it could have the potential which the renewal year will be lost in the event that the domain name was renewed during the forty-five (45) day grace period after the expiration date which the forty-five (45) days grace period has yet to expire. As a result, WEBCC will not be responsible for the lost year and WEBCC will not credit that year to the domain. WEBCC will not intervene in the recovery of any such lost registration years that occur during the transfer of REGISTRANT's domain name.
- WEBCC WILL NOT BE LIABLE FOR: ANY SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN REGISTRANT’S NAME, WHETHER OR NOT AUTHORIZED BY REGISTRANT TO HAVE SUCH USE INTERRUPTION OF BUSINESS ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) REGISTRANT ACCESS BY THE DOMAIN NAME REGISTERED IN REGISTRANT’S NAME DATA NON-DELIVER, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION EVENTS BEYOND WEBCC'S REASONABLE CONTROL FOR THE PROCESSING OF THIS APPLICATION OF THE DOMAIN NAME TRANSFER. WEBCC 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), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, OR OTHERWISE, EVEN IF WEBCC ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES MAY NOT ALLOW SUCH A BROAD EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, AS CONTAINED HEREIN; IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WEBCC MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY REGISTRANT FOR REGISTRATION OF A DOMAIN NAME.
- By entering in the Domain Name Transfer process with WEBCC, Registrant acknowledge that the Domain Name will be bounded by WEBCC Domain Name Registration Agreement (hereinafter referred to as "Registration Agreement")and to be legally bound by the agreements that govern all domain names registered through WEBCC as found on www.webnic.cc and www.web.cc , including the Domain Name Registration Agreement; the Uniform Domain Name Dispute Resolution Policy and any WEBCC Agreements, policies and procedures that are or may be published from time to time by WEBCC, ICANN, and/or the Registry Administrator chosen by ICANN.
Registrant Rights and Responsibilities
Page Modified : 27 June 2011Source: Registrant Rights and Responsibilities Under the 2009 Registrar Accreditation Agreement
*to be read together with the Registrar’s applicable rules, regulations, policies and procedures (“Registrar Policies”)
Registrant Rights and Responsibilities Under the 2009 Registrar Accreditation Agreement
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. IntroductionIntroduction
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.
Preamble
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 (3.2.1.1);
- The IP addresses of the primary nameserver and secondary nameserver(s) for the Registered Name (3.2.1.2);
- The corresponding names of those nameservers (3.2.1.3);
- Unless automatically generated by the registry system, the identity of the Registrar (3.2.1.4);
- Unless automatically generated by the registry system, the expiration date of the registration (3.2.1.5); and
- Any other data the Registry Operator requires be submitted to it (3.2.1.6).
Registered Name Holders are normally required to provide the Registrar with information relating to nameservers (3.2.1.2 – 3), and there may be additional data required under Section 3.2.1.6 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.
Whois Data 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 (3.3.1.1);
- The names of the primary nameserver and secondary nameserver(s) for the Registered Name (3.3.1.2);
- The identity of Registrar (which may be provided through Registrar's website) (3.3.1.3);
- The original creation date of the registration (3.3.1.4);
- The expiration date of the registration (3.3.1.5);
- The name and postal address of the Registered Name Holder (3.3.1.6)
- The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name (3.3.1.7); and
- The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name (3.3.1.8).
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 3.7.5.1 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 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).
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 3.7.5.7 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 3.7.7.1 – 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 3.7.7.1.: "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 3.3.1.2, 3.3.1.7 and 3.3.1.8."
- 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.
- 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.
- The Registered Name Holder must agree that its registration is subject to "suspension, cancellation, or transfer" for the reasons stated in Section 3.7.7.11. 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.
Reseller arrangements 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.
Other Policies/Specifications
The Restored Names Accuracy Policy 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 and following the uniform Rules for UDRP administrative proceedings. 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).