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iASPire Registration Agreement
This Registration Agreement ("Agreement") sets forth
the terms and conditions of your use of iASPire.Net Pte Ltd’s ("iASPire")
domain name registration services to register an Internet domain name,
your registration of that domain name, as well as other domain name related
services. In this Agreement "you" and "your" refer
to each customer and "we", "us" and "our"
refer to iASPire. This Agreement explains our obligations to you, and
explains your obligations to us for various iASPire 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 iASPire service(s)
or to cancel your iASPire 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 iASPire 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 iASPire.
This Agreement will become effective when accepted by iASPire. iASPire
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.
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1. Our Services
iASPire provides domain name registration services through [eNom]. [eNom]
is an 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, eNom 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 iASPire and [eNom] are 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.
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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.
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3. Fees
As consideration for the domain name registration services and/or other
services provided by iASPire to you, you agree to pay iASPire, 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 iASPire in its
sole discretion). As further consideration for the iASPire service(s),
you agree to: (1) provide certain current, complete and accurate information
about you as required by the registration process and (2) maintain and
update this information as needed to keep it current, complete and accurate.
All such information shall be referred to as account information ("Account
Information"). In the event of a charge back by a credit card company
(or similar action by another payment provider allowed by us) in connection
with the payments of the registration fee for your domain name registration,
you agree and acknowledge that the domain name registration shall be transferred
to iASPire 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$250. You will
be notified via an email message or via your account information when
renewal fees are due. Should these fees go unpaid within the time specified
in a second notice or reminder regarding renewal, your registration will
be cancelled. Payment must be made by credit card or such other method
as we may indicate in the registration application or renewal form. We
will renew your name for you provided your credit card or other billing
information is available and up to date, unless you instruct us otherwise
within the time specified. If your billing information is not accurate
and you wish to renew your domain name registration, we will contact you
to update this information and charge you accordingly.
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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 iASPire'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.
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 both iASPire and [eNom] harmless pursuant to the terms and conditions
contained in the Dispute Policy.
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5. Transfer to another Registrar
You agree that you may not transfer your domain name registration to another
domain name registrar during the first sixty (60) days from the effective
date of your initial domain name registration with [eNom]. You agree to
provide written, signed authorization to iASPire and [eNom] for the transfer
of the domain name to another registrar and agree to pay any and all fees
that may be charged by iASPire or [eNom] to effect the transfer. Your
request to transfer to another registrar may be denied in situations described
in the Dispute Policy, including, but not limited to: a dispute over the
identity of the domain name holder; bankruptcy; and default in the payment
of any fees.
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6. Modifications to iASPire'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 iASPire's web site, or on notification to you by e-mail
or normal surface mail. You agree to review iASPire'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 [ ] or through registered
mail at our address [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 iASPire 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. |
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7. 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;
viii. The expiration and renewal date of the registration;
ix. 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 seven (7) calendar days to inquiries by iASPire or [eNom] 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 [eNom] 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 [eNom]
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 [eNom] 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 [eNom].
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.[eNom].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.
iASPire and [eNom] 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.
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8. Ownership of Information and Data
You agree and acknowledge that iASPire and [eNom] own 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. [eNom]
does not have any ownership interest in your specific personal registration
information outside of its rights in our domain name database.
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9. 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. |
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10. 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. |
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11. Limitation of Liability
YOU AGREE THAT IASPIRE AND [ENOM] WILL NOT BE LIABLE FOR ANY (1) SUSPENSION
OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (2) USE OF YOUR DOMAIN
NAME REGISTRATION, (3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU ACCESS BY THE
DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR LIABILITY RESULTING FROM
ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION
OR OTHER MODIFICATION; (7) EVENTS BEYOND [ENOM]'S CONTROL; (8) THE PROCESSING
OF THIS APPLICATION; (9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED
USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (10) APPLICATION
OF THE DISPUTE POLICY. [ENOM] ALSO WILL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST
PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EVEN IF [ENOM] HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL [ENOM]'S MAXIMUM AGGREGATE LIABILITY
EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME,
BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00). BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY
IS LIMITED TO THE EXTENT PERMITTED BY LAW. |
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12. Indemnity
You agree to release, indemnify, and hold iASPire and [eNom], 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 [eNom] services provided
hereunder or your use of the [eNom] services, including without limitation
infringement by you, or someone else using any [eNom] service with your
computer, of any intellectual property or other proprietary right of any
person or entity, or from the violation of any [eNom] operating rule or
policy relating to the service(s) provided. When [eNom] is threatened with
suit by a third party, [eNom] may seek written assurances from you concerning
your promise to indemnify [eNom]; 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. |
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13. 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." WE MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION
WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
WITHOUT ANY LIMITATION TO THE FOREGOING, [ENOM] MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN
NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR
DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF
THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE [ENOM]'S
E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR DATA. [ENOM] MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH THE E-MAIL SERVICE OR ANY TRANSACTIONS ENTERED INTO
THROUGH THE E-MAIL SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM [ENOM] OR THROUGH THE E-MAIL SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU. |
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14. Breach and Revocation
iASPire and [eNom] reserve 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 [eNom], (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 [eNom]) or registry administrator
procedures approved by an ICANN-adopted policy, (1) to correct mistakes
by [eNom], 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 [eNom] 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 [eNom]
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. |
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15. 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 [eNom] 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 [eNom] service(s), or we delete
your domain name or other [eNom] 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 [eNom] service(s). |
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16. 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 Singapore.
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17. Notices
You agree that any notices required to be given under this Agreement by
[eNom] to you will be deemed to have been given if delivered in accordance
with the contact information you have provided.
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18. Infancy
You confirm and declare that you are of legal age to enter into this Agreement.
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19. General
This Agreement, [eNom]'s Disclaimer and the Dispute Policy, together
with all modifications, constitute the complete and exclusive agreement
between you and [eNom], 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 [eNom] 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 [eNom] 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. [eNom]
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 [eNom] as reflected in the original provision. This Agreement,
[eNom]'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 [eNom].
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