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| DOMAIN REGISTRATION AGREEMENT |
This Registration Agreement ("Agreement") sets forth the
terms and conditions of your use of the domain name
registration services provided by Dynaserve Technologies
Ltd. ("Dynaserve") to register an Internet domain name.
To complete the registration process, you must acknowledge
that you have read, understood, and agree to be bound by all
the terms and conditions of this Agreement, the Dynaserve
Terms And Conditions of Service (the "Service Agreement"),
any rules or policies that are or may be published by
Dynaserve from time to time, and the rules and regulations
set forth by the registry administrators for the respective
registries. This Agreement will become effective upon
acceptance by Dynaserve.
Dynaserve may at its sole discretion, elect to accept or
reject any application for registration of domain name for
any reason, including but not limited to, rejection due to a
request for registration of a prohibited domain name.
1. WHO WE ARE AND WHAT WE DO
Dynaserve is a domain submission service. Upon Dynaserve’s
receipt of domain name registration information from you,
Dynaserve shall submit the information to the registry
administrator, herby referred to as the "Registrar", for the
appropriate top-level domain for approval and processing.
The Registrar then puts into effect the domain name
registration.
By agreeing to the terms and conditions set forth in this
Agreement, you are also agreeing to be bound by the rules
and regulations set forth by the applicable registry
administrators.
Dynaserve is not liable or responsible for any errors,
omissions, or other actions by the registry administrator
arising out of or related to your application or receipt of,
or failure to receive a domain name registration. You agree
to indemnify, defend and hold harmless Dynaserve, the
registry administrator and their directors, officers,
employees, and agents from and against any and all claims,
damages, liabilities, costs, and expenses (including
reasonable legal fees and expenses) arising out of or
related to your domain name registration.
2. Fees
As consideration for Dynaserve providing domain name
registration services to you, you agree to pay Dynaserve,
prior to the approval of the desired domain name
registration.
You're application will not be processed until Dynaserve
receives actual payment of the registration fee, or
reasonable assurance of payment of the registration fee from
a third party, such reasonable assurance to be determined by
Dynaserve in its sole discretion.
All fees must be prepaid and are non-refundable, in whole or
in part, even if the domain name registration is suspended,
cancelled or transferred prior to the end of the
registration term.
In the event of a charge back by a credit card company or
other payment provider authorized by Dynaserve, the domain
name registration shall be transferred to Dynaserve as the
paying entity for the registration, Dynaserve may reinstate
your domain name registration at its sole discretion upon
its receipt of the registration or renewal fee and its then
current reinstatement fee. The reinstatement fee is
currently US$200.
Dynaserve will notify you via email when your renewal fees
are due. If these fees remain unpaid your registration will
be cancelled. Payment must be made by credit card or other
methods we indicate in registration application or renewal
form.
3. DISPUTE POLICY
You agree to be bound by the ICANN Domain Dispute Resolution
Policy, as amended from time to time, which is hereby
incorporated and made a part of this Agreement by reference.
http://www.icann.org/dndr/udrp/policy.htm
You also agree that in the event a domain name dispute
arises with any third party, you shall indemnify and hold
Dynaserve and the Registrar harmless pursuant to the terms
and conditions contained in the Service Agreement.
4. CHANGES TO REGISTRATION AGREEMENT AND SERVICE AGREEMENT
You acknowledge and recognize that the domain name system
and the practice of registering and administering domain
names are continuously evolving, and acknowledge and agree
that Dynaserve may modify this Agreement and the Service
Agreement as necessary from time to time to comply with its
agreement with ICANN and any other agreements by which
Dynaserve is or will be bound, and to adjust to changing
business circumstances.
Your continued use of the registered domain name constitutes
acceptance of this Agreement and amendments. If at any time,
you do not agree to such changes, you agree that your sole
remedy is to request that your domain name registration be
cancelled or transferred to a different domain name
registrar.
5. DOMAIN NAME REGISTRATION INFORMATION AND ITS USE
Information you are required to Submit
As part of the registration process, you are required to
submit to Dynaserve and keep updated the following
information in connection with your application for domain
name registration:
(a) the domain to be registered;
(b) the domain name holder's name and mailing address;
(c) the name, mailing address, e-mail address, telephone
number, and fax number of the administrative contact for the
domain name; and
(d) the name, mailing address, email address, telephone
number and fax number of the billing contact for the domain
name.
You shall provide and maintain updated information at all
times with Dynaserve. Dynaserve at its option may refuse to
renew any registrations unless you maintain current and
updated information at all times.
Dynaserve may from time to time request additional
information from you. While not obligated to provide the
additional information, you should provide the additional
requested information to ensure that you will obtain all the
products and services which Dynaserve makes available to
domain name registrants.
Additional Information Maintained About your Registration
In Addition to the information you provide, we maintain
additional information relating to your domain name
registration, including:
(a) the original creation date of the registration;
(b) the date and time the registration application was
submitted to us and the appropriate registry;
(c) communications constituting registration orders,
modifications, or terminations and related correspondence;
(d) records of account for your domain name registration,
including dates and amounts of all payments and refunds;
(e) the IP names and address of the primary name servers and
any secondary name servers;
(f) the name, mailing address, e-mail address, telephone
number, and fax number of the technical contact for the
domain name;
(g) the name, mailing address, e-mail address, telephone
number, and fax number of the zone contact for the domain
name;
(h) the expiration date of the registration; and (i) other
information regarding all other activity regarding your
domain name registration and related services.
Obligations Relating to Provide Data
If in registering a domain name you provide information
about a third party, you hereby represent that you have
provided notice to and have obtained the express consent
from the third party to the disclosure and use of the third
party's information as set forth in this Agreement.
You acknowledge that:
(a) Willfully providing inaccurate information;
(b) willfully failing to update information promptly; or
(c) failing to respond to Dynaserve's inquiries concerning
the accuracy of contact details within fifteen (15) calendar
days of request;
Shall constitute a material breach of this Agreement and
will be sufficient basis for cancellation of your domain
name registration.
Disclosure and Use of Registration Information
You agree to authorize Dynaserve to provide any information
to the Registrar and/or ICANN, the registry administrators,
and to other third parties as ICANN and applicable laws may
require or permit. You acknowledge and agree the Registrar
may make publicly available, or directly available to third
party vendors, some or all of the domain registration
information provided by you, for purposes of inspection such
as through the Registrar's WHOIS service, for targeted
marketing, or for any other purpose as required or permitted
by ICANN and applicable laws.
In addition, you acknowledge that ICANN may establish
guidelines, limits and requirements that relate to the
amount and type of information that the Registrar may or
must make available to the public or to private entities,
and the manner in which such information is made available.
You hereby consent to any and all such disclosures and use
of, and guidelines, limits and restrictions on disclosure or
use of information and updated from time to time provide in
connection with registration of a domain name, whether
during or after term of the registration of the domain name.
You hereby irrevocably waive any and claims and causes of
action you may have arising from such disclosure or use of
the domain name registration information.
6. OWNERSHIP OF DATA
You agree and acknowledge that the Registrar owns the
following:
(a) all database, compilation, collective and similar right,
title and interests worldwide in the domain name database;
(b) all information and derivative works generated from the
domain name database; and
(c) information for the registrations for which the
Registrar acts as the registrar including:
i. the original creation date of the registration;
(ii) the expiration date of the registration
(iii) the name, mailing address, e-mail address, telephone
number, and fax number of the technical contact,
administrative contact, zone contact, and billing contact
for the domain name;
(iv) remarks concerning the registered domain name that
appear or should appear in the WHOIS or similar database;
and
(v) other information generated or obtained in connection
with the provision of domain name registration services,
other the domain name being registered, and the IP names and
addresses of the primary namesever and any secondary
nameservers.
The Registrar does not have any ownership interest in your
specific personal registration information outside of your
right in our domain name database.
7. AGENTS AND LICENSES
You agree that in the event you register a domain name for
another entity, you represent that you have the authority to
bind that entity as a principal to all terms and conditions
contained in this Agreement.
You acknowledge and agree that if you license the use of
your registered domain name to a third party, you remain the
domain name holder of record and remain responsible for all
obligations under this Agreement, including payment
obligations, and providing and updating your full contact
information, and accurate technical, administrative,
billing, and zone contact information adequate to facilitate
timely Resolution of any problems that arise in connection
with domain name and domain registration.
8. LIMITATION OF LIABILITY
You agree that Dynaserve shall, under no circumstances, be
liable for any special, indirect, incidental, punitive,
exemplary, or consequential damages resulting from loss of
profits, arising out of or in connection with this
Agreement, even if Dynaserve has been advised of the
possibility of such damages, and in particular Dynaserve
will not be liable for the following:
(a) suspension or loss of your domain registration;
(b) use of your domain name registration;
(c) interruption of your business;
(d) access delays or interruptions to any web sites accessed
by your registered domain name;
(e) non-delivery, mis-delivery, corruption, destruction, or
modification of data;
(f) events beyond the reasonable control of Dynaserve;
(g) processing of an application for domain name
registration; or
(h) application of the Service Agreement.
Dynaserve shall not, under any circumstances, be liable for
any errors, omissions or other actions by the registry
administrator arising out of or related to your domain name
registration, or failure to receive a domain name
registration.
Dynaserve's maximum aggregate liability shall not exceed the
greater of:
(a) the total amount paid by you for registration of the
domain name; and
(b) $500.00.
9. IDEMNIFICATION OF Dynaserve
You agree to defend, indemnify and hold harmless Dynaserve,
including its employees, directors, officers, representives,
agents and affiliates, from any loss, damages or costs,
including reasonable legal fees and expenses, resulting from
any claim, action, suit, demand, or other proceeding related
to or arising out of the registration or use of its domain
name.
10. REPRESENTATIONS AND WARRANTIES
You represent that, to the best of you knowledge and belief,
that:
(a) all information provide in connection with your domain
name registration is accurate;
(b) neither the registration of the domain name nor the
manner in which it is directly or indirectly used infringes
the legal rights of a third party.
You acknowledge and agree that all domain name registration
services provided to you by Dynaserve are provided on an "as
is" basis. Dynaserve makes no representations or warranties
of any kind, express or implied, in connection with this
Agreement or its domain name registrations services,
including but not limited to warranties of merchantability
or fitness for a particular purpose. Dynaserve makes no
representation or warranties of any kind that registrations
or use of domain name under this Agreement will immunize you
from challenges to the domain name registration or from
suspension, cancellation, or transfer of the domain name to
you.
11. BREACH AND REVOCATION
Dynaserve reserves the right to suspend, cancel, transfer or
modify your domain name registration in the event that:
(a) you materially breach this Agreement and do not cure
such breach within thirty (30) calendar days of notice from
Dynaserve;
(b) you use your registered domain name to send unsolicited
commercial advertisements in contravention of applicable
laws or customary acceptable usage policies of the Internet;
(c) you use your domain name in connection with unlawful
activity; or
(d) grounds arise for such suspension, cancellation,
transfer or other modification as provided in this
Agreement.
You further acknowledge and agree that your domain name
registration is subject to suspension, cancellation or
transfer by any ICANN procedure, by any registrar or
registry administrator procedures approved by an ICANN-adopted
policy, or by any other country code top-level domain
registry administering procedures to correct mistakes by
Dynaserve, a registrar or the registry administrator in
administering the name or for the resolution of disputes
concerning the domain name.
You also agree that Dynaserve shall have the right in its
sole discretion to suspend, cancel, transfer or otherwise
modify a domain name registration upon seven (7) calendar
days prior written notice, or at such time as Dynaserve
receives a properly authenticated order from a court of
competent jurisdiction, or arbitration award, requiring the
suspension, cancellation transfer or modification of the
domain name registration.
12. OTHER TERMS AND CONDITIONS
Force Majeure. Dynaserve shall not be responsible for any
failure to provide any service or perform any obligation
because of any act of God, strike, work stoppage,
governmental acts or directives, war, riot or civil
commotion, equipment or facilities shortages which are being
experienced by providers of telecommunication services
generally, or other similar force beyond its reasonable
control.
Non-Waiver. The failure of Dynaserve to require your
performance provision shall not affect the full right to
require such performance at any time thereafter; nor shall
the waiver by Dynaserve of a breach of any provision hereof
be taken or held to be a waiver of the provision itself.
Survival. The provisions, terms, conditions representations,
warranties, convenants, and obligations contained in or
imposed by this Agreement which by their performance after
the termination of this Agreement, shall be and remain
enforceable not with standing termination of the Agreement
for any reason. However, neither party shall be liable to
other for damages of any sort resulting solely from
terminating this Agreement in accordance with its terms but
each party shall be liable for any damage from any breach by
it of this Agreement.
Notice. You agree that any notice or communications required
or permitted to be delivered under this Agreement by
Dynaserve to you shall be deemed to have been given if
delivered in accordance with the contact information you
have provided.
Governing Law. Except as otherwise set forth in the Service
Agreement with respect to disputes, this Agreement, your
rights and obligations and all contemplated by this
Agreement shall be governed by the laws of British Columbia,
as if this Agreement was a contract wholly entered into and
wholly performed within the province of British Columbia.
Except as otherwise set forth in the Service Agreement with
respect to disputes, any action to enforce this Agreement or
any matter relating to your use of the Dynaserve site shall
be brought exclusively in the British Columbia Supreme
Court.
Legal Fees. If any legal action or proceeding, including
arbitration, relating to the performance or the enforcement
of any provision of this Agreement is brought against party,
the prevailing party shall be entitled to recover reasonable
legal fees, costs and disbursements, in addition to any
other relief to which the prevailing party may be entitled.
Assignment. You shall not assign, sub-license or transfer
your rights or obligations under this Agreement to any third
party without the prior written consent of Dynaserve.
13. GENERAL
Entire Agreement. This Agreement constitutes the entire
Agreement between the parties and agreements are
representations or warranties, express or implied, statutory
or otherwise and no agreements collateral here to than as
expressly set or referred to here in. This Agreement
supersedes any prior agreements, representations,
statements, negotiations, understandings, proposals or
undertakings, oral or written, with respect to the subject
matter expressly set forth here in.
Amendment in Writing This Agreement may not be amended or
modified by you except by means of a written document signed
by both you and an authorized representative of Dynaserve.
Further Assurances. The parties here in shall execute such
further and other documents and instruments and take such
further and other actions as may be necessary to carry out
and give full effect to the transactions contemplated by
this Agreement.
Relationship of the Parties. Nothing in this Agreement shall
be construed as creating an agency relationship, partnership
or joint venture between the parties.
Joint and Several Obligations. If any party consists of more
than entity, their obligations here under are joint several.
No Third Party Beneficiaries. This Agreement does not
provide and shall not be constructed to provide any third
parties, with any remedy, claim, cause of action or
privilege.
Successors and Assigns. This Agreement shall ensure to the
benefit of and be binding upon the parties and their
respective successors and permitted assigns.
Severability. In the event that any provision of this
Agreement shall be unenforceable or invalid under any
applicable law or be so held by applicable court decision,
such unenforceability or invalidity shall not render this
Agreement unenforceable or invalid as a whole. Dynaserve
will amend or replace such provision with one that is valid
and enforceable and which achieves, to the extent possible,
the original objectives and intent of Dynaserve as reflected
in the original provision.
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