This
Registration Agreement ("Agreement")
sets forth the terms and conditions of your use
of PhilDomain.com.'s ("PhilDomain")
domain name registration services to register
an Internet domain name, your registration of
that domain name, as well as other PhilDomain
domain name related services. In this Agreement
"you" and "your" refer to
refer to you and the registrant listed in the WHOIS
contact information for the domain namet;we", "us"
and "our" refer to PhilDomain. This
Agreement explains our obligations to you, and
explains your obligations to us for various PhilDomain
services. By selecting our service(s) you have
agreed to establish an account with us for such
services. When you use your account or permit
someone else to use it to purchase or otherwise
acquire access to additional PhilDomain service(s)
or to cancel your PhilDomain service(s) (even
if we were not notified of such authorization),
this Agreement covers such service or actions.
By using the service(s) provided by PhilDomain
under this Agreement, you acknowledge that you
have read and agree to be bound by all terms and
conditions of this Agreement, the accompanying
dispute policy and any pertinent rules or policies
that are or may be published by PhilDomain.
This Agreement will become effective when accepted
by PhilDomain. PhilDomain may elect to accept
or reject your domain name registration application
for any reason at its sole discretion, such rejection
including, but not limited to, rejection due to
a request for registration of a prohibited domain
name.
1.
Our Services.
PhilDomain with Enom, Inc., OnlineNIC, Inc., and WEBCC are accredited registrar
with the Internet Corporation for Assigned Names
and Numbers ("ICANN") for Top Level
Domain Names (TLDs), currently .com, .net and
.org. ICANN oversees registrations and other aspects
of the TLDs. As an accredited domain name registrar,
PhilDomain is, upon accepting your domain name
registration application, your sponsor for that
application. All domain name registrations we
register for TLDs are not effective until we have
delivered the domain name registration information
you provide us to the registry administrator for
the TLDs, as applicable, and the registry administrator
puts into effect your domain name registration.
Currently, the registry administrator for the
.com, .net and .org TLDs is Network Solutions,
Inc.
You agree and acknowledge that PhilDomain is not
liable or responsible in any way for any errors,
omissions or any other actions by the registry
administrator arising out of or related to your
application and receipt of, or failure to receive,
a domain name registration.
You further agree to indemnify, defend and hold
harmless the registry administrator and its directors,
officers, employees, and agents from and against
any and all claims, damages, liabilities, costs,
and expenses (including any direct, indirect,
incidental, special or consequential damages and
reasonable legal fees and expenses) arising out
of, or related to, your domain name registration.
2.
What We Do Not Do.
We cannot and do not check to see whether the
domain name you select, or the use you make of
the domain name, infringes legal rights of others.
We urge you to investigate to see whether the
domain name you select or its use infringes legal
rights of others, and in particular we suggest
you seek advice of competent counsel. You may
wish to consider seeking one or more trademark
registrations in connection with your domain name.
You should be aware that there is the possibility
we might be ordered by a court to cancel, modify,
or transfer your domain name. You should also
be aware that if we are sued or threatened with
lawsuit in connection with your domain name, we
may turn to you to hold us harmless and to indemnify
us.
3.
Fees.
As consideration for the domain name registration
services and/or other services provided by PhilDomain
to you, you agree to pay PhilDomain, prior to
the effectiveness of the desired domain name registration,
the applicable service(s) fees for the initial
registration of the domain name and, should you
choose to renew the registration, subsequent renewals
of the registration. All fees are non-refundable,
in whole or in part, even if your domain name
registration is suspended, cancelled or transferred
prior to the end of your then current registration
term. Your requested domain name will not be registered
unless we receive actual payment of the registration
fee, or reasonable assurance of payment of the
registration fee from some other entity (such
reasonable assurance as determined by PhilDomain
in its sole discretion). As further consideration
for the PhilDomain service(s), you agree to: (1)
provide certain current, complete and accurate
information about you as required by the registration
process and (2) maintain and update this information
as needed to keep it current, complete and accurate.
In connection with the payments of the registration
fee for your domain name registration, you agree
and acknowledge that the domain name registration
shall be transferred to PhilDomain as the paying
entity for that registration to the registry.
We will reinstate your domain name registration
solely at our discretion, and subject to our receipt
of the initial registration or renewal fee and
our then-current reinstatement fee, currently
set at US$200 (applicable to declined credit card and bounced check only).
For more information, email: sales@phildomain.com.
You will be notified via an email message or via
your account information when renewal fees are
due. Should these fees go unpaid within the time
specified in a reminder regarding
renewal, your registration will be cancelled.
Payment must be made by bank account deposit or
such other method as we may indicate in the registration
application or renewal form. We will renew your
name for you provided your billing information
is available and up to date, unless you instruct
us otherwise within the time specified. If your
billing information is not accurate and you wish
to renew your domain name registration, we will
contact you to update this information and charge
you accordingly.
4.
Disclaimer and Domain Name Dispute Policy.
If you request, reserved or registered a domain
name through us, or transferred a domain name
to us from another registrar, you agree to be
bound by PhilDomain's current Disclaimer published
on our site ("Disclaimer") and our current
Domain Name Dispute Policy ("Dispute Policy")
which are incorporated herein and made a part
of this Agreement by reference. The Disclaimer
can be found at http://www.PhilDomain.com/disclaimer.htm
and the Dispute Policy can be found at http://www.PhilDomain.com/drp.htm.
Certain disputes, as specified in the Dispute
Policy, are subject to that Policy. You agree
that, if the registration or reservation of your
domain name is challenged by a third party, you
will be subject to the provisions specified in
the Dispute Policy in effect at the time your
domain name registration is disputed by the third
party. You also agree that, in the event a domain
name dispute arises with any third party, you
will indemnify and hold PhilDomain harmless pursuant
to the terms and conditions contained in the Dispute
Policy.
5.
Modifications to PhilDomain's Registration Agreement
and Dispute Policy.
You agree, during the period of this Agreement,
that we may: (1) revise the terms and conditions
of this Agreement; and (2) change the services
provided under this Agreement. Any such revision
or change will be binding and effective immediately
on posting of the revised Agreement or change
to the service(s) on PhilDomain's web site, or
on notification to you by e-mail or Philippine
mail. You agree to review PhilDomain's web site,
including the Agreement, periodically to be aware
of any such revisions. If you do not agree with
any revision to the Agreement, you may terminate
this Agreement at any time by providing us with
notice by e-mail at info@phildomain.com or Philippine
mail at the addresses listed on the cover page
of this Agreement. Notice of your termination
will be effective on receipt and processing by
us. You agree that, by continuing to use the PhilDomain
services following notice of any revision to this
Agreement or change in service(s), you abide by
any such revisions or changes. You further agree
that we, in our sole discretion, may modify our
Dispute Policy at any time. Your continued use
of the domain name registered to you shall constitute
your acceptance of this Agreement and the Dispute
Policy with the new modifications. You acknowledge
that if you do not agree to any of such changes,
you may request that your domain name registration
be cancelled or transferred to a different domain
name registrar. You agree that such cancellation
or request for transfer will be your exclusive
remedy if you do not wish to abide by any changes
to this Agreement or the Dispute Policy.
6.
Account Information and Its Use.
a. Information You Are Required to Submit. As
part of the registration process, you are required
to provide certain information and to update this
information promptly as needed to keep it current,
complete and accurate. The information you are
obligated to provide in connection with the domain
name you are registering is the following:
i.
The domain name being registered;
ii.
Your (or The domain name holder's) name, postal
address, e-mail address, voice telephone number,
and where available, fax number; and
iii.
The name, postal address, e-mail address, voice
telephone number, and where available, fax number
of the billing contact for the domain name; and
iv.
Valid payment information
You
agree and acknowledge that when you renew your
domain name registration, the type of information
you are required to provide may have changed.
If you do not wish to provide the new required
information, your registration may not be renewed.
All
other information which we may request from you
at registration is voluntary. However, not providing
the requested information may prevent you from
obtaining all products and services made available
to domain name registrants by us, other than registration
of the domain name.
b. Additional Information Maintained About Your
Registration. In addition to the information you
provide, we maintain records relating to your
domain name registration. These records may include:
i.
The original creation date of the registration;
ii.
The submission date and time of the registration
application to us and by us to the proper registry;
iii.
Communications (electronic or paper form) constituting
registration orders, modifications, or terminations
and related correspondence between you and us;
iv.
Records of account for your domain name registration,
including dates and amounts of all payments and
refunds;
v.
The IP addresses of the primary nameserver and
any secondary nameservers for the domain name;
vi.
The corresponding names of those nameservers;
vii.
The name, postal address, e-mail address, voice
telephone number, and where available, fax number
of the technical contact for the domain name;
viii.
The name, postal address, e-mail address, voice
telephone number, and where available, fax number
of the zone contact for the domain name;
ix.
The expiration and renewal date of the registration;
x.
Information and copies in electronic or paper
form regarding all other activity between you
and us and third parties relating to your domain
name registration and related services.
c. Your Obligations Relating to the Account Information.
In the event that, in registering the domain name,
you are providing information about or on behalf
of a third party, you hereby represent that you
have (a) provided notice to that third party of
the disclosure and use of that party's information
as set forth in this Agreement, and (b) that you
have obtained that third party's express consent
to the disclosure and use of that party's information
as set forth in this Agreement. By registering
a name or applying for services you also represent
that the statements in its application are true
and you also represent that the Domain Name is
not being registered for any unlawful purpose.
You acknowledge that willfully providing inaccurate
information or willfully failing to update information
promptly will constitute a material breach of
this Agreement and will be sufficient basis for
cancellation of your domain name registration.
You further agree that your failure to respond
for over ten (10 ) calendar days to inquiries
by PhilDomain concerning the accuracy of contact
details associated with your registration shall
constitute a material breach of this Agreement
and will be sufficient basis for cancellation
of your domain name registration.
d. Privacy Policy: Disclosure and Use of Registration
Information. You agree and acknowledge that PhilDomain
will make available domain name registration information
you provide or that we otherwise maintain to ICANN,
to the registry administrator(s), and to other
third parties as ICANN and applicable laws may
require or permit. You further agree and acknowledge
that PhilDomain may make publicly available, or
directly available to third party vendors, some,
or all, of the domain name registration information
you provide, for purposes of inspection (such
as through our "whois" service) or for
targeted marketing and other purposes as required
or permitted by ICANN and applicable laws.
Additionally, you acknowledge that ICANN may establish
guidelines, limits and/or requirements that relate
to the amount and type of information that PhilDomain
may or must make available to the public or to
private entities, and the manner in which such
information is made available.
You hereby consent to any and all such disclosures
and use of, and guidelines, limits and restrictions
on disclosure or use of, information provided
by you in connection with the registration of
a domain name (including any updates to such information),
whether during or after the term of your registration
of the domain name. You hereby irrevocably waive
any and all claims and causes of action you may
have arising from such disclosure or use of your
domain name registration and other information
by PhilDomain.
You may access your domain name registration information
in our possession to review, modify or update
such information, by accessing your account at
our web site (http://www.PhilDomain.com), or via
a similar service. In order to change any of your
account information with us, you must use your
Account Identifier and Password that you selected
when you opened your account with us. Please safeguard
your Account Identifier and Password from any
unauthorized use. You agree that any person in
possession of you Account Identifier and Password
will have the ability and your authorization to
modify your account information. In no event will
we be liable for the unauthorized use or misuse
of your Account Identifier or Password. PhilDomain
will take reasonable precautions to protect the
information it obtains from you from our loss,
misuse, unauthorized access or disclosure, alteration
or destruction of that information.
7.
Ownership of Information and Data.
You agree and acknowledge that PhilDomain owns
all database, compilation, collective and similar
rights, title and interests worldwide in our domain
name database, and all information and derivative
works generated from the domain name database.
You further agree and acknowledge that we own
the following information for those registrations
for which we are the registrar: (a) the original
creation date of the registration, (b) the expiration
date of the registration, (c) the name, postal
address, e-mail address, voice telephone number,
and where available fax number of all contacts
for the domain name registration, (d) any remarks
concerning the registered domain name that appear
or should appear in the WHOIS or similar database,
and (e) any other information we generate or obtain
in connection with the provision of domain name
registration services, other than the domain name
being registered, the IP addresses of the primary
nameserver and any secondary nameservers for the
domain name, and the corresponding names of those
nameservers. PhilDomain does not have any ownership
interest in your specific personal registration
information outside of its rights in our domain
name database.
8.
Agents and Licenses.
You agree that, if you are registering a domain
name for or on behalf of someone else, you represent
that you have the authority to nonetheless bind
that person as a principal to all terms and conditions
provided herein, including the Dispute Policy.
You agree that if you license the use of the domain
name registered to you to a third party, you nonetheless
remain the domain name holder of record, and remain
responsible for all obligations under this Agreement,
including but not limited to payment obligations,
and providing (and updating, as necessary) both
your own full contact information, and accurate
technical, administrative, billing and zone contact
information adequate to facilitate timely resolution
of any problems that arise in connection with
the domain name and domain name registration.
9.
Announcements.
We reserve the right to distribute information
to you that is pertinent to the quality or operation
of our services and those of our service partners.
These announcements will be predominately informative
in nature and may include notices describing changes,
upgrades, new products or other information to
add security or to enhance your identity on the
Internet
10.
Limitation of Liability.
YOU AGREE THAT PhilDomain WILL NOT BE LIABLE FOR
ANY (1) SUSPENSION OR LOSS OF THE DOMAIN NAME
REGISTRATION IN YOUR NAME, (2) USE OF YOUR DOMAIN
NAME REGISTRATION, (3) INTERRUPTION OF BUSINESS,
(4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR
SITE OR THE WEB SITE(S) OR SERVICES YOU ACCESS
BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (5)
LOSS OR LIABILITY RESULTING FROM ACTS OF GOD (6)
DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION
OR OTHER MODIFICATION; (7) EVENTS BEYOND PhilDomain'S
CONTROL; (8) THE PROCESSING OF THIS APPLICATION;
(9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED
USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD;
OR (10) APPLICATION OF THE DISPUTE POLICY. PhilDomain
ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING LOST PROFITS) REGARDLESS OF THE FORM
OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EVEN IF PhilDomain
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL PhilDomain'S MAXIMUM AGGREGATE
LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU
FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO
EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00).
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY
IS LIMITED TO THE EXTENT PERMITTED BY LAW.
11.
Indemnity
You agree to release, indemnify, and hold PhilDomain,
its contractors, agents, employees, officers,
directors and affiliates harmless from all liabilities,
claims and expenses, including attorney's fees,
of third parties relating to or arising under
this Agreement, the PhilDomain services provided
hereunder or your use of the PhilDomain services,
including without limitation infringement by you,
or someone else using any PhilDomain service with
your computer, of any intellectual property or
other proprietary right of any person or entity,
or from the violation of any PhilDomain operating
rule or policy relating to the service(s) provided.
When PhilDomain is threatened with suit by a third
party, PhilDomain may seek written assurances
from you concerning your promise to indemnify
PhilDomain; your failure to provide those assurances
may be considered by us to be a breach of your
Agreement and may result in deactivation of your
domain name. This indemnification is in addition
to any indemnification required under the Dispute
Policy.
12.
Representations and Warranties
YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE
AND BELIEF, NEITHER THE REGISTRATION OF THE DOMAIN
NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR
INDIRECTLY USED INFRINGES THE LEGAL RIGHTS OF
A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT
THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION
WITH YOUR DOMAIN NAME REGISTRATION IS ACCURATE.
ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED
TO YOU "AS IS." EXCEPT FOR OUR STATEMENT
REGARDING OUR ACCREDITATION AS AN ICANN-APPROVED
DOMAIN NAME REGISTRAR IN THE INTRODUCTORY PARAGRAPH
OF THIS AGREEMENT, WE MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS
OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT
OR ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH
REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY
EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING,
PhilDomain MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE
OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE
YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME
REGISTRATION, OR FROM SUSPENSION, CANCELLATION
OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR
DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE PhilDomain'S E-MAIL FORWARDING
OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL AND/OR DATA. PhilDomain MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH THE E-MAIL SERVICE OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE E-MAIL SERVICE. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM PhilDomain OR THROUGH THE E-MAIL SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
13.
Breach and Revocation
PhilDomain reserves the right to suspend, cancel,
transfer or modify your domain name registration
or suspend, cancel or modify other services we
provide in the event (a) you materially breach
this Agreement (including the Dispute Policy)
and do not cure such breach within thirty (30)
days of notice by PhilDomain, (b) you use the
domain name registered to you to send unsolicited
commercial advertisements in contradiction to
either applicable laws or customary acceptable
usage policies of the Internet, (c) you use your
domain name in connection with unlawful activity,
or (d) grounds arise for such suspension, cancellation,
transfer or other modification as provided for
in this Agreement. You further acknowledge and
agree that your registration of a domain name
is subject to suspension, cancellation or transfer
by any ICANN procedure, by any registrar (including
PhilDomain) or registry administrator procedures
approved by an ICANN-adopted policy, (1) to correct
mistakes by PhilDomain, another registrar or the
registry administrator in administering the name
or (2) for the resolution of disputes concerning
the domain name.
You also agree that PhilDomain 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 PhilDomain 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.
14.
Right Of Refusal.
We, in our sole discretion, reserve the right
to refuse to register or reserve your chosen domain
name or register you for other PhilDomain service(s),
or to delete your domain name within thirty (30)
calendar days from receipt of your payment for
such services. In the event we do not register
or reserve your domain name or register you for
other PhilDomain service(s), or we delete your
domain name or other PhilDomain service(s) within
such thirty (30) calendar day period, we agree
to refund your applicable fee(s). You agree that
we shall not be liable to you for loss or damages
that may result from our refusal to register or
reserve, or delete your domain name or register
you for other PhilDomain service(s)
15.
Governing Law
Except as otherwise set forth in the Dispute Policy
with respect to disputes, this Agreement, your
rights and obligations and all actions contemplated
by this Agreement shall be governed by the laws
of the United States of America and the State
of Washington, as if the Agreement was a contract
wholly entered into and wholly performed within
the State of Washington. Except as otherwise set
forth in the Dispute Policy with respect to disputes,
any action to enforce this Agreement or any matter
relating to your use of the PhilDomain site shall
be brought exclusively in the United States District
Court for the Western District of Washington,
or if there is no jurisdiction in such court,
then in a state court in King County.
16.
Notices
You agree that any notices required to be given
under this Agreement by PhilDomain to you will
be deemed to have been given if delivered in accordance
with the contact information you have provided.
17.
Infancy
You attest that you are of legal age to enter
into this Agreement.
18.
General
This Agreement, PhilDomain's Disclaimer and the
Dispute Policy, together with all modifications,
constitute the complete and exclusive agreement
between you and PhilDomain, and supersede and
govern all prior proposals, agreements, or other
communications. Nothing contained in this Policy
shall be construed as creating any agency, partnership,
or other form of joint enterprise between the
parties. The failure of PhilDomain to require
your performance of any provision hereof shall
not affect the full right to require such performance
at any time thereafter; nor shall the waiver by
PhilDomain of a breach of any provision hereof
be taken or held to be a waiver of the provision
itself. In the event that any provision of this
Policy shall be unenforceable or invalid under
any applicable law or be so held by applicable
court decision, such unenforceability or invalidity
shall not render this Policy unenforceable or
invalid as a whole. PhilDomain 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 PhilDomain as
reflected in the original provision. This Agreement,
PhilDomain's Disclaimer and the Dispute Policy
may not be amended or modified by you except by
means of a written document signed by both you
and an authorized representative of PhilDomain.
