Registration Agreement for multilingual domain names (with i-DNS.net)
This Registration Agreement ("Agreement") is submitted by you to unicodeDN.com ("Registrar") for onward submission to i-DNS.net International Pte Ltd for the purpose of your application for registering, for your use only, an international domain name on the Internet. You agree to be bound by the terms of this Agreement and the terms of Registrar's and i-DNS.net International Pte Ltd's Domain Name Dispute Policy ("Dispute Policy") which is incorporated herein by reference. If this Agreement is received by Registrar and a domain name is activated by i-DNS.net and registered for use in Registrar's domain name database, this Agreement will become effective and binding. You acknowledge that time is not of essence and that it may take up to 60 days to process your application. This Agreement shall be received at the offices of Registrar.
B. FEES AND PAYMENTS.
A Domain Name may be registered for a minimum period of one year and a maximum period of ten years. The registration of a Domain Name may be renewed at any time before expiry but no renewal can exceed the maximum registration period of ten years. A Domain Name must be registered or renewed in multiples of one year.
You agree to pay Registrar the registration/renewal fees within 7 days of invoice. You agree that if the fees are not paid accordingly, Registrar may in it sole discretion cancel your domain name registration and terminate this Agreement without liability.
You further acknowledge and agree that:
(a) i-DNS.net International Pte Ltd processes applications received from its various registrars including Registrar on a 'first come first served' basis;
(b) the Registrar will submit your application to i-DNS.net International Pte Ltd ONLY after the Registrar has collected full payment for the application from you or after full payment has been duly credited to the Registrar's accounts, as the case may be;
(c) upon receipt of full payment in accordance with (b) above, the Registrar will exercise its best efforts to submit your application to i-DNS.net International Pte Ltd with due dispatch;
(d) the submission of your application by the Registrar in accordance with (c) may not be successful as an earlier application may have been received by i-DNS.net International Pte Ltd; and
(e) neither the Registrar nor i-DNS.net will be liable to you for any failure to achieve registration or re-registration. Where registration or re-registration is unsuccessful, the Registrar shall refund payments made by you in full. If your domain name has been successfully registered in the registry (i-DNS.net), the registration fee you have paid is not refundable.
C. DISPUTE POLICY.
You agree as a condition of this Agreement that you shall be bound by i-DNS.net International Pte Ltd's current Dispute Policy. The current version of the Dispute Policy may be found at the web site of i-DNS.net International Pte Ltd: http://www.i-DNS.net/dispute.html. i-DNS.net International Pte Ltd operates and maintains certain international Top Level Domain (iTLD) servers and zone files.
D. CHANGES OR MODIFICATIONS TO DISPUTE POLICY.
You acknowledge that the practice and system of domain name registrations is constantly changing and accordingly you agree that i-DNS.net International Pte Ltd may in its sole discretion change or modify the Dispute Policy at any time. You agree that your maintaining the registration of a domain name after changes or modifications to the Dispute Policy become effective constitutes your continued acceptance of these changes or modifications. You agree that if you consider any such changes or modifications to be unacceptable, your sole and exclusive remedy is to request that your registration of the domain name be cancelled.
E. EFFECTIVE VERSION OF DISPUTE POLICY.
You agree that if the domain name registered by you is challenged by any third party, you will be subject to the provisions of the specific Dispute Policy current at the time the dispute first arose.
You agree that if this Agreement is completed by your agent, such as but not limited to an Internet service provider, you agree that the acts of your agent are hereby authorized and you are bound as a principal by all the terms and conditions herein, including the Dispute Policy. You agree that if you complete this Agreement as an agent on behalf of someone else, you represent that you have the authority to bind that person as a principal to all terms and conditions herein, including the Dispute Policy.
G. LIMITATION OF LIABILITY.
YOU AGREE THAT REGISTRAR AND i-DNS.net INTERNATIONAL PTE LTD SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY DAMAGE RESULTING FROM LOSS OF PROFITS, EVEN IF REGISTRAR AND I-DNS.NET INTERNATIONAL PTE LTD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, THAT YOU MAY INCUR IN CONNECTION WITH (A) REGISTRAR'S PROCESSING OF THIS AGREEMENT; (B) REGISTRAR'S PROCESSING OF ANY AUTHORIZED MODIFICATION TO YOUR DOMAIN NAME RECORD DURING THE COVERED PERIOD; (C) YOUR FAILURE TO PAY THE APPLICABLE FEES; (D) THE APPLICATION OF THE PROVISIONS OF THE DISPUTE POLICY INCLUDING ANY CANCELLATION OF THE REGISTRATION OF THE DOMAIN NAME; (E) YOUR USE OF YOUR DOMAIN NAME REGISTRATION; (F) ANY ISSUE RELATING TO ACCESS INCLUDING, BUT NOT LIMITED TO, DELAYS OR INTERRUPTIONS; (G) MIS-DELIVERY, NON-DELIVERY, CORRUPTION, OR OTHER MODIFICATION TO DATA; (H) EVENTS BEYOND REGISTRAR'S OR I-DNS.NET INTERNATIONAL PTE LTD'S REASONABLE CONTROL INCLUDING BUT NOT LIMITED TO ACTS OF GOD; (I) UNAUTHORIZED USE OR MISUSE OF YOUR DOMAIN NAME REGISTRATION; (J) ANY SUSPENSION OF YOUR DOMAIN NAME REGISTRATION IN ACCORDANCE WITH THIS AGREEMENT; AND (K) ANY DISCLOSURE OF YOUR CONTACT DETAILS IN ACCORDANCE WITH THIS AGREEMENT. WITH RESPECT TO ACCESS, YOU ACKNOWLEDGE THAT THE RESOLUTION OF YOUR DOMAIN NAME REGISTRATION WITH THE APPLICABLE INTERNET PROTOCOL ADDRESSES MAY NOT ALWAYS BE POSSIBLE AS YOUR PARTICULAR COMPUTER MAY NEED TO BE ENABLED FOR SUCH RESOLUTION, EITHER BY WAY OF AN ENABLED BROWSER, OR BY VIRTUE OF YOUR COMPUTER OPERATING UNDER AN iDNS ENABLED INTERNET SERVICE PROVIDER. In any event, you agree that Registrar and i-DNS.net International Pte Ltd's liability as set out herein is limited to the fullest extent permitted by any applicable law. You agree that in no event shall the maximum liability of Registrar or i-DNS.net International Pte Ltd under this Agreement for any matter exceed the amount paid by you under this Agreement.
PLEASE NOTE THAT IN THE DISPUTE POLICY, i-DNS.net INTERNATIONAL PTE LTD MAY UNDER CERTAIN CIRCUMSTANCES CANCEL THE REGISTRATION OF YOUR DOMAIN NAME, IN WHICH EVENT, THIS SECTION G WOULD APPLY. The current version of the Dispute Policy may be found at the web site of i-DNS.net International Pte Ltd: "http://www.i-DNS.net/dispute.html".
You agree to indemnify and hold harmless and at Registrar's and/or i-DNS.net International Pte Ltd's option defend Registrar and i-DNS.net International Pte Ltd including its officers, directors, employees, contractors and agents for all liability, loss, damages, costs, legal costs and expenses, and any other expenses incurred or paid by Registrar and i-DNS.net International Pte Ltd arising or resulting from (a) any claim, action or demand related to the registration or use of your domain name; (b) any breach by you of any term, representation or warranty in this Agreement; (c) or otherwise arising out of or related to this Agreement.
You agree that any breach by you of any provision of this Agreement or the Dispute Policy, including any representations or warranties made by you, may be considered by Registrar and/or i-DNS.net International Pte Ltd to be a material breach. Subject to any other express term of this Agreement or the Dispute Policy, Registrar and/or i-DNS.net International Pte Ltd may give a written notice of such breach to you requiring that if such breach is not rectified by you within thirty (30) days to the reasonable satisfaction of Registrar and/or i-DNS.net International Pte Ltd, then Registrar and/or i-DNS.net International Pte Ltd may cancel your registration of the domain name. Any such breach by you shall not be deemed to be excused simply because Registrar and/or i-DNS.net International Pte Ltd did not act earlier in response to any breach by you.
J. EFFECT OF REGISTRATION.
You acknowledge and agree that Registrar processes domain name registration applications on a 'first come, first served' basis and that your registration of a domain name entitles you solely to the use of, and not to own, the domain name registered. Neither Registrar nor i-DNS.net International Pte Ltd has made nor makes any determination as to the proprietary rights to a or any name. Accordingly, you agree that the mere fact of a domain name registered by Registrar in your name does not confer any legal right or defence and does not confer immunity from objection to either the registration or use of the domain name. Further, you expressly acknowledge that any violation of this Agreement or the Dispute Policy will result in the termination of any and all rights you may have to use the domain name.
You agree and warrant that to the best of your knowledge the information submitted herein is true and correct, and that any future changes to such information will be provided to Registrar in a timely manner according to the procedures in place at that time. You further represent and warrant that to the best of your knowledge and belief use of the domain name you have applied for does not directly or indirectly infringe the rights of third parties. You further represent and warrant that registering the domain name or the use of the domain name is not for any unlawful purpose or violates any applicable law, regulation, governmental policy or public policy. You agree that breach of these warranties will constitute a material breach and entitle Registrar and/or i-DNS.net International Pte Ltd to immediately suspend and/or cancel your domain name registration.
You agree that the domain name registration services provided by Registrar is made available to you on an "as is" basis. Registrar and i-DNS.net International Pte Ltd EACH DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ABOVE EXCLUSIONS EXTEND TO THE FULLEST EXTENT PERMITTED UNDER ANY APPLICABLE LAW.
L. RIGHT OF REFUSAL.
Registrar reserves the right, in its sole discretion, to refuse to register any domain name requested herein. You agree that the submission of a domain name pursuant to this Agreement does not obligate Registrar to accept either the domain name or this Agreement and that Registrar is not under any obligation to you to provide any reason for any such refusal. You agree that neither Registrar nor i-DNS.net International Pte Ltd shall be liable for any loss or damages that may result from Registrar's refusal to accept either the domain name or this Agreement.
You agree that the terms of this Agreement are severable. If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
N. ENTIRE AGREEMENT.
You agree that this Agreement and the Dispute Policy, as may be amended by Registrar or i-DNS.net International Pte Ltd, is the complete and exclusive agreement between the parties regarding the registration and/or use of your domain name. This Agreement and the Dispute Policy supersede all prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, whether established by custom, practice, policy, or precedent. You agree that this Agreement may not be amended by you unless agreed to in writing by a duly authorized representative of Registrar.
The waiver by either party of a breach of or default in respect of any provision of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder, operate as a waiver of any breach or default by the other party.
P. RELATIONSHIP OF THE PARTIES.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. You agree that at all times the Registrar shall be an independent contractor and not an agent, partner or representative of i-DNS.net International Pte Ltd.
You agree that any notice required to be given under this Agreement by Registrar or i-DNS.net International Pte Ltd to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
R. GOVERNING LAWS.
You agree that this Agreement shall be governed in all respects by and construed in accordance with the laws of Australia. By submitting this Agreement, you consent to the non-exclusive jurisdiction and venue of the courts of Australia.
You acknowledge and agree that in completing this Agreement and providing your details to Registrar, Registrar and/or i-DNS.net International Pte Ltd may and will utilize such information to create and compile its domain name database. You agree that Registrar and/or i-DNS.net International Pte Ltd will have complete ownership over its domain name database, whether in part or in whole, and any derivative works created from it. You agree that Registrar and/or i-DNS.net International Pte Ltd may make available to the public such information under a look-up or WHOIS service or to third parties in Registrar's and/or i-DNS.net International Pte Ltd's sole discretion.
T. READ AND UNDERSTAND THE AGREEMENT.
By submitting this Agreement to Registrar, you agree that you have read, understood and agree to be bound by A through S above. If you do not in fact agree to any of the terms and conditions set out in this Agreement, please stop and do not submit this Agreement to Registrar.