Information about http://www.nic.net.sg/pdf/sgr2r-regarg1.pdf
Domain Name Registration Agreement …
Tags: domain name registration, domain name system, internet domain name, internet domain name system, launch, level domain names, level internet, national registry, network information centre, preamble, registrant, registrars, registration agreement, registration policies, second level domain, sgnic, singapore network, slg, third level domain, top level domain,Pages: 15
Language: english
Created: Mon Oct 22 11:23:53 2007
Display cached document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Page 12
Page 13
Page 14
Page 15
Domain Name Registration Agreement
Preamble
1. Who SGNIC is. Singapore Network Information Centre (SGNIC) Private Limited
("SGNIC") is the national registry of .sg domain names in Singapore. As the registry,
SGNIC operates and controls the .sg top-level Internet domain name system and
administers the registration of second-level domain names under the top-level domain
of .sg, third-level domain names under the second-levels of .com.sg, .net.sg, .org.sg,
.edu.sg, .gov.sg, .per.sg and other domains which SGNIC may from time to time
introduce or recognise in Singapore. SGNIC has appointed and accredited a number
of registrars for the applications for the registration of domain names and its related
services in Singapore.
2. This Agreement. This Agreement and the Registration Policies, Procedures and
Guidelines ("RPPG") set forth the terms and conditions which govern the
registration of a domain name between SGNIC and the applicant (as defined in
Clause 3 below). Applications for second-level domain names under the top-level
domain of .sg during the (15) weeks preceding the general launch of such domain
names ("Soft Launch Period") are, in addition, governed by SGNIC's Guidelines for
Application of Second-level Domain Names under the Top-Level Domain of ".sg"
During Soft Launch Period ("SLG"). If you are applying to register such domain
names during the Soft Launch Period, please refer to the SLG at URL
http://www.nic.net.sg.
Application
3. Form. All applications for the registration of a domain name shall be made in the
form and manner as may be prescribed by SGNIC from time to time. Each
application shall be for the registration of one (1) domain name. The applicant
("Applicant", or the "Registrant" in the event that the application is approved by
SGNIC) is responsible for the selection of the domain name under the top-level
domain of .sg and/or the appropriate second-level domain category as the case may
be, in which registration of the desired domain name is sought.
4. Registrar. The Registrant acknowledges and agrees that applications for the
registration of domain names in Singapore and its related services shall be made only
by the Registrant through a registrar accredited or appointed by SGNIC ("Registrar")
on behalf of the Registrant in accordance with the RPPG and the SLG (as applicable)
as amended and supplemented by SGNIC from time to time set forth at SGNIC's
website. In exceptional circumstances, SGNIC may in its sole discretion decide to
process the application for registration of a domain name directly from the Applicant
or Registrant, as the case may be. Therefore, the provisions in this Agreement, where
appropriate, have provided that either SGNIC or the Registrant's Registrar, as the
case may be, will be the relevant party referred to in the provisions contained herein.
5. Appropriate Second-Level Domain Categories. When selecting the second-level
domain category, the Applicant shall observe the following selection criteria (to be
met at the time of the application for the domain name):
5.1 .COM.SG - for companies and businesses
.COM.SG: This category is for commercial entities which are either
registered or are about to be registered with the Accounting and Corporate
Regulatory Authority (ACRA), IE Singapore or any professional bodies. A
22 October 2007
foreign company, which is not so registered, may only apply for such a
domain name if it appoints a locally registered entity as its administrative
contact. The foreign Registrant is required to submit a duly authorised letter
to confirm the appointment of the locally registered entity. Government
bodies which register their names in the .gov.sg suffix may, if they deem
necessary, register the same name, their acronyms and/or their
service/scheme names in this category.
5.2 .NET.SG - for network providers
.NET.SG: This category is for info-comm operators or network providers in
Singapore. Applicants for names under this category must be info-comm
operators or network providers in Singapore (for example, those possessing a
valid licence issued by the Info-Communications Development Authority
("IDA")). An approved list of IDA licenses is available on SGNIC webpage
under ``.SG DOMAINS''. Government bodies which register their names in
the .gov.sg suffix may, if they deem necessary, register the same name, their
acronyms and/or their service/scheme names in this category.
5.3 .ORG.SG - primarily for societies or charitable bodies
.ORG.SG: This category is for applicants which are either registered or are
about to be registered with the Registry of Societies (e.g. community clubs,
churches, organisations, embassies and any other organisations not classified
elsewhere). Government bodies which register their names in the .gov.sg
suffix may, if they deem necessary, register the same name, their acronyms
and/or their service/scheme names in this category.
5.4 .EDU.SG for use by schools and institutions
.EDU.SG: This category is for educational institutions registered with the
Ministry of Education, Singapore ("MOE") or any other educational,
institutions meeting SGNIC's requirements in this category as set out in the
RPPG.Government bodies which register their names in the .gov.sg suffix
may, if they deem necessary, register the same name, their acronyms and/or
their service/scheme names in this category.
5.5 .GOV.SG for use by Government bodies
.GOV.SG: This category is for entities which form part of the Government of
Singapore.
5.6 .PER.SG for natural persons
.PER.SG: This category is for natural persons. Applicants making an
application for registration must satisfy any of the following selection
criteria:
(a) Only Singapore citizens and permanent residents aged 21 years and
above can apply for a .per.sg domain name. Employment pass and
work permit holders are not eligible.
(b) Parents, guardians or an immediate family member must apply on
behalf of a child who is below the age of 21 years PROVIDED
ALWAYS that the child and the parent/guardian/immediate family
2
member concerned are Singapore citizens or Singapore permanent
residents. In the event that an application is approved, the domain
name and the rights of use of the domain name must be transferred to
the child, once he or she attains the age of 21. No transfer under any
circumstances is allowed.
PROVIDED ALWAYS that SGNIC may in its sole and absolute discretion in limited
circumstances waive one or more of the requirements set forth above in respect of any
Applicant.
6. Second-Level Domain Name Under Top-Level. All individuals and entities are
eligible to apply for any second-level domain name under .sg. Applicants which are
not resident in Singapore, however, must appoint a local agent having a valid
Singapore postal address as the Administrative Contact for the domain name, who
shall also be authorized to receive all communications from SGNIC relating to the
application. Applicants must in submitting their applications also abide by and
observe the RPPG and, if the application is made during the Soft Launch Period, the
SLG.
7. Proof of Qualification. Upon SGNIC's or the Registrant's Registrar's (in the case of a
Registrant applying for registration of a domain name through a Registrar) request,
the Applicant shall furnish SGNIC or the Registrant's Registrar, as the case may be,
with documentary proof that the Applicant qualifies to have the domain name
registered in the second-level domain category selected by the Applicant. Save for
.per.sg domain name, in the event that the Applicant was at the time of application not
registered with either the ACRA or Registry of Societies or other professional bodies,
evidence of the Applicant's registration at the aforementioned registries shall be
provided by the Applicant within thirty (30) days of the application. Where such
evidence is not provided, SGNIC or the Registrant's Registrar (in the case of a
Registrant applying for registration of a domain name through a Registrar) reserves
the right to revoke the registration of the domain name. This Clause 7 shall not apply
to applications for second-level domain names under the top-level domain of .sg.
8. Warranties. The Applicant represents, warrants and undertakes to SGNIC that at the
time of the application for the domain name, and at all times thereafter:
8.1 the domain name applied for (i) does not infringe any registered trade mark in
Singapore nor will it give rise to a cause of action in passing off nor any other
claim referred to in Clause 26 hereof; (ii) is not identical to or confusingly
similar with either a registered trade mark, company or business name in
Singapore; and (iii) does not infringe the rights of any third parties in relation
to any applicable treaties or international agreements;
8.2 the domain name applied for is for its own organisational use only and in the
case of a .per.sg domain name, he and/or his immediate family members
intend to use the domain name;
8.3 such use shall only be for its/his own benefit and shall be for lawful purposes.
In the case of a .per.sg domain name, the use of the domain name shall be for
non-commercial purposes, unless with the approval of SGNIC. For the
purpose of this Agreement "commercial use" which is prohibited includes,
but is not limited to, the following activities:
(a) Soliciting for advertisers and sponsors;
3
(b) Displaying a sponsorship banner of any kind, including those that are
generated by banner or link exchange services;
(c) Displaying banners for services that provide cash or cash-equivalent
prizes to users in exchange for hyperlinks to their websites;
(d) Providing a hyper-link to a commercial site, unless the Registrant
receives no individual payment or consideration by providing that
link; or
(e) Conducting online promotions and sales of any goods or services to
members of the public.
PROVIDED ALWAYS that a Registrant who has doubts as to whether his
use or intended use of a domain name amounts to a commercial use contrary
to Clause 8 herein may write to SGNIC or to its Registrar (in the case of a
Registrant applying for registration of a domain name through a Registrar)
for approval and where such approval for commercial use is granted by
SGNIC or granted by SGNIC through the Registrar, SGNIC shall have the
right to impose conditions as it deems fit on such approval such as, without
limitation, charging the Registrant the same fee it charges for .com.sg or any
other second-level domain categories of .sg;
8.4 it will not allow another party to use the domain name, whether for profit or
otherwise and will not deal with the domain name in any manner whatsoever;
8.5 registration or use of the domain name does not and will not interfere with the
legal rights of any other party in Singapore;
8.6 in particular and without prejudice to the generality of the foregoing, where
the Registrant has registered a second-level domain name under the top-level
domain of .sg, the Registrant will not, whether directly or indirectly, and
whether for profit or otherwise, without the prior written consent of SGNIC
create, operate, lend, lease, license, register, assign, transfer or otherwise deal
in any sub-domains or otherwise permit the use thereof by, on behalf of, or
for the benefit of any third party; and
8.7 all information contained in the application form and furnished to SGNIC or
through its Registrar (in the case of a Registrant applying for registration of a
domain name through a Registrar) to SGNIC is to the best of the Applicant's
knowledge true and accurate in every detail.
Registration
9. Third-Level Domain Names First-Come, First-Served. Subject to any provisions
contained herein as well as in the RPPG, SGNIC shall register third-level domain
names that the Applicant applies for whether through a Registrar or directly with
SGNIC on a "first-come, first-served" basis PROVIDED that the Applicant agrees
and understands at all times that a domain name which may at first be available from
a SGNIC WHOIS search, may not necessarily be available at the point of application
or registration.
10. Second-level Domain Names First-Come, First-Served. Subject to the SLG governing
the application of second-level domain names during the Soft Launch Period and any
provisions contained herein as well as in the RPPG, SGNIC shall register second-
4
level domain names that the Applicant applies for whether through a Registrar or
directly with SGNIC on a "first-come, first-served" basis PROVIDED that the
Applicant agrees and understands at all times that a domain name which may at first
be available from a SGNIC WHOIS search, may not necessarily be available at the
point of application or registration.
11. Reliance. SGNIC relies on all representations made and/or warranties given by the
Applicant in determining if the application should be approved.
12. Restrictions. Domain names which:
12.1 contain certain words such as "Singapore", "Singapura", "Singapore
Government" or "President" and variations thereof or any other words that
might suggest a link to the Government;
12.2 contain "SGNIC", "NIC" and variations thereof;
12.3 are or contain words or references which are obscene, scandalous, indecent,
contrary to law or morality;
12.4 are geographical names or names of countries (e.g. Singapore, Malaysia,
Japan, etc.);
12.5 are names (either on their own or in combination with other characters) of
existing generic top-level domain name (gTLDs) (i.e. .com, .org, .net, .edu,
.gov, .per, .aero, .coop, .biz, .info, .museum, .name and .pro) and any other
gTLDs created or to be created by ICANN in the future;
12.6 are names such as "www", "http", "https" or "http-www";
12.7 are similar or identical to domain names registered under other domain name
space and which SGNIC deems undesirable;
12.8 are set out in the RPPG to be reserved names of .per.sg; or
12.9 in SGNIC's sole and absolute opinion, are undesirable or unsuitable for
registration,
shall not be registrable.
13. Discretion of SGNIC. Without prejudice to the provisions of Clause 12 above,
SGNIC (on its own or through a Registrar) reserves the right not to register the
domain name selected by the Applicant or to register that domain name selected by
the Applicant. SGNIC is not obliged to provide the Applicant with any reason or
ground for its refusal to register the domain name as applied for by the Applicant but
upon the Applicant's request and in its absolute discretion, SGNIC may inform the
Applicant of the reasons or grounds.
14. Operational Name Service. At the time of application, the Applicant is required to
have ready a valid operational name service from at least two operational domain
name servers for that domain name. Each domain name server must be capable of
being connected to the Internet and capable of receiving queries for the domain name
and responding thereto.
5
15. SGNIC may Decline. Notwithstanding that an Applicant has complied with all the
provisions of this Agreement and/or procedures for applying for the registration of a
domain name, SGNIC may decline to accept the application for registration made by
an Applicant who has in the past registered and transferred a number of registrations
or at the time of application, is indebted to SGNIC. In the event that SGNIC decides
to accept an application from such an Applicant, SGNIC reserves the right to impose
such other conditions in respect of that application/registration as SGNIC in its
absolute discretion may deem fit. Further, notwithstanding that SGNIC has accepted
the application for registration made by an Applicant, SGNIC may subsequently
withdraw its acceptance of the application without furnishing any reasons or grounds
for its withdrawal.
16. Change of Registrar. The Registrant may change its Registrant's Registrar with
respect to a domain name registration at any time in accordance with this Agreement;
provided that if the Registrant changes its Registrar it will continue to be bound by its
obligations under its agreement with its original Registrar in accordance with such
agreement. In the event that a Registrant's Registrar is no longer a Registrar, has had
its accreditation or appointment as a Registrar suspended, revoked or terminated, or in
the event the agreement between SGNIC and the Registrant's Registrar ("Registrar
Accreditation Agreement") is terminated or expires, the Registrant shall be
responsible for changing such Registrant's Registrar to a new Registrar in accordance
with this Agreement within thirty (30) days of the earlier of notice thereof being
given to the Registrant by (i) the Registrant's Registrar or (ii) SGNIC in accordance
with SGNIC's then current RPPG available at its website provided, however, if any of
the Registrant's domain name registrations is scheduled to expire within thirty (30)
days of the giving of such notice, then the Registrant shall have an additional thirty
(30) days from the anniversary date of such registration to register with a new
Registrar. If the Registrant wishes to renew such domain name registration, the
Registrant will be required to do so through its new Registrant's Registrar in
accordance with this Agreement.
Effects of Registration
17. Right to Use. Subject to the Registrant complying with the provisions in this
Agreement and in the absence of any other factors:
17.1 except for .per.sg domain name, the Registrant shall have the right to use but
not own the domain name as the Registrant's address on the Internet save as
provided for under Clause 24 herein, the Registrant shall not have any right to
sell, trade, assign or otherwise transfer the domain name to any other party.
17.2 with respect to .per.sg domain names, the Registrant shall have the non-
transferable (subject to Clause 24.2 herein) right to use but not own the
domain name as the Registrant's address on the Internet. Further, registration
does not confer upon the Registrant any legal, equitable or other proprietary
right to use an identical, similar or phonetically equivalent name in another
domain category or any other context whatsoever.
18. Legal Proceedings. The Registrant agrees and acknowledges that by registering a
domain name, SGNIC has not made any determination, nor is it capable of making
such determination, with respect to the legality of the domain name registration or
otherwise evaluate whether that registration or use of the domain name may infringe
upon any rights of a third party. As a consequence, the Registrant further agrees that
it shall not use the fact that the domain name has been registered by SGNIC as a
6
defence in any legal proceedings brought against the Registrant by any third party
in connection with the Registrant's registration and/or use of the domain name.
19. Activation Date and Consent to Publication. The day on which the Registrant receives
the notification of approval of domain name from SGNIC directly or through a
Registrar, as the case may be, shall be construed and deemed as the activation date
("Activation Date") for that domain name. Within thirty (30) days of the Activation
Date, the name servers listed in the application form (and referred to in Clause 14
above) shall be operational, connected to the Internet, answer to queries for the
domain name and respond to any such queries accordingly. Further, the e-mail
address listed in the delegated domain's start of authority record must be a current
and valid address for one or more contacts responsible for and knowledgeable about
the domain and its operation. The Registrant consents to SGNIC publishing the
Registrant's details, including but not limited to the Registrant's name, the
administrative contact's particulars and the domain name's Activation Date.
Publication may take place in any form or media so deemed fit by SGNIC. In cases
where SGNIC accepts applications for registration from the Registrant, the Registrant
agrees to inform SGNIC or the Registrant's Registrar (in the case of a Registrant
applying for registration of a domain name through a Registrar) of any changes,
amendments or corrections in the information furnished by the Registrant to SGNIC
or the Registrant's Registrar (in the case of a Registrant applying for registration of a
domain name through a Registrar) in the application form as soon as such changes,
amendments or corrections occur.
20. SGNIC Not An Arbiter. Nothing in this Agreement shall oblige SGNIC to act as
arbiter between the Registrant and third parties in respect of any disputes arising out
of the registration or use of the domain name. The Registrant agrees that this
Agreement does not confer any rights, procedural or substantive, upon the Registrant
and also acknowledges that third parties are not bound by the provisions of this
Agreement.
Removal and Transfer of Domain Names
21. Domain Name May Be Deleted. The domain name may be deleted from SGNIC's
database:
21.1 upon the written request of the Registrant which shall be signed by the
Registrant, its authorised representative (upon written proof of authorisation)
or the administrative contact;
21.2 by SGNIC if all fees payable by the Registrant's Registrar or the Registrant
(in the case of a Registrant applying for registration of a domain name
directly with SGNIC) for the domain name are not received by SGNIC as and
when they fall due;
21.3 by SGNIC in the event that:
(a) the Registrant has breached any of the terms contained herein (other
than not paying the fees mentioned in Clause 21.2 above);
(b) SGNIC is ordered by a court of law in Singapore to delete the
registration;
(c) in SGNIC's determination, that the continued entry of the domain
name on the database would be wrongful or contrary to law, or where
7
the registration of the domain name had been obtained by fraud or
misrepresentation (including without limitation the provision of false
or incomplete registration or contact details);
(d) the name servers listed in the application are not fully set up,
operational and connected to the Internet within thirty (30) days of
the Activation Date or that the said name servers persistently do not
respond to any queries for the domain name;
(e) SGNIC receives a decision of an Administrative Panel requiring such
deletion in any administrative proceeding to which the Registrant was
a party and which was conducted under the Dispute Resolution Policy
as referred to in Clause 31 of this Agreement;
(f) SGNIC receives notice from any government or regulatory authority
(including without limitation the Police) that the website referenced
by the domain name is in breach of any laws, directives, guidelines,
codes of practice or regulations issued by any government or
regulatory authority, or is otherwise used for or in connection with
illegal activities;
(g) in SGNIC's sole and absolute opinion, the domain name, the manner
of use of the domain name, and/or the contents of the website
referenced by the domain name are undesirable; or
(h) in the case of second-level domain names under the top-level domain
of .sg, the domain name is designated by ICANN for use as a gTLD.
Once the domain name has been deleted under Clauses 21.1 or 21.3, this
Agreement shall be deemed to have been terminated.
22. Notification to Remedy Breaches. In relation to the provisions of Clauses 21.3(a) and
(d), SGNIC shall on its own or through the Registrant's Registrar, as the case may be,
provide a written notice, describing the breach, to the Registrant, and SGNIC shall
also have the right to immediately suspend the domain name (such that DNS queries
to that domain name will cease to resolve). If, within seven (7) days of the date of
issuing such notice, the Registrant fails to provide evidence which is reasonably
satisfactory to SGNIC or the Registrant's Registrar, as the case may be, that it has not
breached its obligations or that such breach has been remedied, then SGNIC may
revoke the Registrant's registration of the domain name and delete the same from
SGNIC's database. Any such breach by the Registrant shall not be deemed to have
been excused simply because SGNIC or the Registrant's Registrar, as the case may
be, did not act earlier in response to that, or any other, breach by the Registrant. For
the avoidance of doubt, SGNIC may upon written notice to the Registrant
immediately delete a domain name from SGNIC's database on account of the
circumstances set forth in Clauses 21.3(b), (c), (e), (f), (g) and/or (h). The Registrant
agrees that without prejudice to any other provision of this Agreement, SGNIC shall
not be liable under any circumstances to compensate the Registrant for any claim,
loss or damage suffered, actual or alleged, arising from or in connection with the
exercise of SGNIC's rights pursuant to Clauses 21 and 22, and even if SGNIC
reinstates the Registrant's registration of the domain name.
23. Restoration and Release of Deleted Domain Names for Re-use.
8
23.1 Domain names deleted for non-payment of fees under Clause 21.2 will
become available for re-use after a thirty (30) days "hold" period. SGNIC
shall not register the deleted domain names in the name of any other party
during this "hold" period and the Registrant may make an application to its
Registrar during the "hold" period to reinstate such domain names upon
paying a reinstatement fee (as advised by its Registrar) ("Reinstatement
Fee").
23.2 Subject to the domain name being still available and the payment of the
Reinstatement Fee, the Registrant may make an application to reinstate the
domain names deleted for non-payment of fee under Clause 21.2 within thirty
(30) days from deletion.
23.3 SGNIC shall, as soon as reasonably practicable, re-activate a domain name
after it receives all payments which are due and owing from the Registrant's
Registrar or the Registrant (in the case of a Registrant applying for
registration of a domain name directly with SGNIC) together with the
Reinstatement Fee.
Where no reinstatement is made, this Agreement is deemed to be terminated with
effect from the date of the deletion. Any application by the Registrant to reinstate the
registration of the domain name after the "hold" period shall be treated as a fresh
application.
24. Transfer of Domain Name.
24.1 The right to use a domain name which has been registered in the name of the
Registrant (except for .per.sg domain names) may, subject to SGNIC's
approval, be transferred to another party in accordance with the terms and
conditions set out in the RPPG.
24.2 The right to use the .per.sg domain name which has been registered in the
name of the Registrant shall not be transferred or assigned to any third party
and any attempt by the Registrant to assign or transfer the same shall render
this Agreement voidable at SGNIC's option, whereupon the Registrant's
domain name shall be deleted from SGNIC's database save that the domain
name registered in the name of the parent/guardian/immediate family
member referred to in Clause 5.6(b) above may, subject to SGNIC's approval,
be transferred to the child upon his attainment of 21 years of age in
accordance with the terms and conditions set out in the RPPG.
Notwithstanding that the aforesaid has been complied with, SGNIC may
decline to grant approval for the transfer. For the purposes of this Agreement,
the effective date of the domain name upon transfer shall be the date on
which the approval of such transfer is granted by SGNIC.
24.3 The right to use the domain name which has been registered in the name of
the Registrant and/or (in the case of .per.sg) in the name of the
parent/guardian/immediate family member referred to in Clause 5.6(b) above
may be transferred by SGNIC to another party without the consent of the
Registrant if SGNIC receives a decision of an Administrative Panel requiring
such transfer in any administrative proceeding to which the Registrant was a
party and which was conducted under the Dispute Resolution Policy of this
Agreement or is required by an order of court to do so.
9
Dispute Resolution
25. SGNIC Not to Be a Party to Any Disputes. SGNIC shall not be a party to any dispute
between (i) a Registrant and any Registrar; and (ii) a Registrant and its third parties
("Claimants") in connection with the Registrant's registration and/or use of a domain
name.
26. Procedure. The Registrant acknowledges that SGNIC may be presented with
information alleging that a domain name registered by the Registrant or its use
violates the legal rights of a Claimant. Such information may include, but is not
limited to, evidence that the domain name (but excluding the second-level domain
category indicator i.e., not including the .COM, .ORG, .NET, .PER, .GOV and .EDU
portion of the domain name) gives rise to a cause of action defined in the Trade
Marks Act (Cap 332) or that the domain name infringes upon any copyright owned by
the Claimant or that the domain name is identical or similar to the Claimant's name or
that by the use of the domain name, the Registrant has passed off the Registrant's
goods/services as those of the Claimant. The following procedure would be adopted
by SGNIC in the event that a Claimant challenges or in any way disputes the rights
accorded to a Registrant over a domain name:
26.1 if so requested by the Claimant, SGNIC may furnish such published
information concerning the Registrant which SGNIC has in its possession;
26.2 before providing the Claimant with the information enumerated in Clause
26.1 above, SGNIC may enter into any agreement which it deems fit with the
Claimant;
26.3 where permissible, SGNIC shall inform the Registrant that the Claimant has
made enquiries of SGNIC and provide the Registrant with a copy of SGNIC's
response to such enquiries.
If there is any dispute between the Registrant and a Registrar, the Registrant shall
settle such dispute with such Registrar directly without involving SGNIC. SGNIC
may in its sole discretion choose to be involved in such dispute in such manner as it
deems fit.
27. Singapore Courts to Adjudicate. The Registrant acknowledges and agrees that any
dispute over the registration and use of the domain name, unless resolved by
alternative dispute resolution methods (including, but not limited to the Dispute
Resolution Policy), should be adjudicated upon by the Singapore courts.
28. Effects of SGNIC Not Being Named a Party to Any Proceedings. Where the
Registrant commences legal proceedings related to or in connection with the
registration and use of the domain name against the Claimant and/or any Registrar in
any court of competent jurisdiction in Singapore and does not name SGNIC as a party
to the proceedings, SGNIC shall allow the domain name to continue being
operational. Further, the Registrant shall upon SGNIC's request promptly provide
copies of any and all pleadings filed in the proceedings to SGNIC.
29. Suspension if SGNIC is Party to Litigation. If SGNIC is named as a party to any legal
proceedings commenced by either the Registrant or any Registrar or Claimant,
SGNIC may suspend the operational status of the domain name until the conclusion
of the legal proceedings. If so named, SGNIC reserves the right to raise any and all
defences deemed appropriate.
10
30. SGNIC to Abide By All Court Orders. In any legal proceedings, whether commenced
by the Registrant or any Registrar or Claimant and whether or not named as a party to
the proceedings, SGNIC will immediately abide by all temporary or final court orders
directed at SGNIC.
31. Singapore Domain Name Dispute Resolution, Rules and Supplemental Rules. By
registering a domain name with SGNIC, the Registrant hereby agrees to be bound by
the terms and conditions of the Singapore Domain Name Dispute Resolution Policy,
Rules and Supplemental Rules ("Dispute Resolution Policy") that are incorporated
herein and made a part of this Agreement by reference. The current version of the
Dispute Resolution Policy may be located on the Internet at the URL
http://www.nic.net.sg, subject at all times to the following:
31.1 The Registrant agrees that the Dispute Resolution Policy may be modified
from time to time. SGNIC shall post any revisions on the Internet at the URL
http://www.nic.net.sg at least thirty (30) days before it becomes effective.
The Registrant further agrees that, by maintaining the reservation or
registration of his domain name after modification to the Dispute Resolution
Policy becomes effective, the Registrant shall be deemed to have agreed to
the said modifications. The Registrant acknowledges that if he does not
agree to any such modification, the Registrant may terminate this Agreement.
In such event, SGNIC or the Registrant's Registrar (in the case of a
Registrant applying for registration of a domain name through a Registrar)
will not refund any fees already paid by the Registrant up to and including the
date of termination of this Agreement.
31.2 If SGNIC is notified that a complaint has been filed by a third party under the
Dispute Resolution Policy regarding the Registrant's use of SGNIC's
registration services, the Registrant agrees not to make any changes to his
details of registration without the prior written approval of SGNIC or the
Registrant's Registrar (in the case of a Registrant applying for registration of
a domain name through a Registrar). SGNIC may not allow such changes to
be made unless (i) it is satisfied that the dispute has been resolved under the
Dispute Resolution Policy; or (ii) SGNIC receives, to its satisfaction,
notification from the parties that the dispute has been settled.
32. Registrant Avoiding Litigation. Where the Registrant desires to avoid litigation
regarding the registration and use of a domain name and therefore requires a new
domain name to be registered, SGNIC may on its own or through the Registrant's
Registrar (in the case of a Registrant applying for registration of a domain name
through a Registrar) assist the Registrant with the assignment of a new domain name,
and subject to the provisions below, will allow the Registrant to maintain both names
simultaneously for up to thirty (30) days to allow an orderly transition to the new
domain name. SGNIC may on its own or through the Registrant's Registrar (in the
case of a Registrant applying for registration of a domain name through a Registrar)
provide such assistance to the Registrant if and only if the Registrant:
32.1 submits an application form to SGNIC or the Registrant's Registrar (in the
case of a Registrant applying for registration of a domain name through a
Registrar), requesting the registration of a new domain name;
32.2 submits an explicit written request to SGNIC or the Registrant's Registrar (in
the case of a Registrant applying for registration of a domain name through a
Registrar), for assistance, including an identification of the Registrant's
11
desired new domain name and any indicators used by SGNIC in response to
the new domain name application; and
32.3 provides SGNIC or the Registrant's Registrar (in the case of a Registrant
applying for registration of a domain name through a Registrar), with a copy
of the settlement agreement between the Registrant and Claimant, which
settlement agreement should state specifically that Claimant agrees to the co-
existence of the Registrant's old domain name and the proposed new domain
name for the thirty (30) day period.
Fees
33. Fees. The Registrant acknowledges that SGNIC has the right to impose such fees as it
may deem fit on the Registrant's Registrar who provides registration service on
behalf of the Registrant in respect of the registration of the domain name with
SGNIC. The Registrant further acknowledges that the Registrant's Registrar is
obliged to pay to SGNIC the registration fees for each domain name registration, any
applicable renewal fees, transfer fees and any other fees payable in connection with a
domain name registration. The Registrant acknowledges and agrees that, should the
Registrant's Registrar fail to make any payment of any fees, SGNIC may in its sole
discretion stop accepting applications for domain name registrations from such
Registrant's Registrar, stop effecting registrations of domain names and transfers,
renewals and cancellations of domain name registrations requested by such
Registrant's Registrar and stop performing other billable transactions requested by
such Registrant's Registrar not paid in full and SGNIC may: (i) terminate the
Registrar Accreditation Agreement or the appointment of the Registrar; and (ii)
cancel or suspend the relevant domain name registration.
34. Alternative Fees Payment Arrangement. SGNIC may in exceptional situations in its
sole discretion decide to make alternative fees charges and payment arrangements
with the Applicant or Registrant, as the case may be, for those applications for
registration of domain names that are made by the Applicant directly with SGNIC
without going through SGNIC's accredited or appointed registrars. Under such
circumstances, the Registrant acknowledges that the Registrant is obliged to pay to
SGNIC the registration fees for each domain name registration, any applicable
renewal fees, transfer fees and any other fees payable in connection with a domain
name registration. The Registrant acknowledges and agrees that, should the
Registrant fail to make any payment of any fees, SGNIC may in its sole discretion
stop accepting applications for domain name registrations from such Registrant, stop
effecting registrations of domain names and transfers, renewals and cancellations of
domain name registrations requested by such Registrant and stop performing other
transactions requested by such Registrant not paid in full and SGNIC may further
cancel or suspend the relevant domain name registration.
Indemnity and Disclaimer
35. Indemnity. The Registrant hereby agrees to defend, indemnify and hold harmless
SGNIC, its officers, directors, committees, employees and agents (collectively, the
"Indemnified Parties" and in singular the "Indemnified Party"), against all liability,
loss, damages, costs, legal expenses, professional and other expenses of any nature
whatsoever sustained, incurred, paid by or suffered by each Indemnified Party
resulting from or in connection with any claim, action, or demand arising out of or
relating to the registration or use of the domain name. Such claims shall include,
without limitation, those based upon trademark or service mark or other intellectual
property infringement, trade name infringement, dilution, tortious interference with
12
contract or prospective business advantage, passing off, defamation or injury to
business reputation and copyright infringement; and any and all claims arising from
the administration and operation of the Dispute Resolution Policy. Each Indemnified
Party shall send written notice to the Registrant of any such claim, action, or demand
against that party within a reasonable time. The failure of any Indemnified Party to
give the appropriate notice shall not affect the rights of the other Indemnified Parties.
36. SGNIC Not Liable. The Registrant further undertakes that it will not seek to recover
and shall not be entitled to recover from SGNIC or to be indemnified by SGNIC
against, any direct, indirect or consequential loss or damage or any claim, proceeding,
cost, demand, liability or expense whatsoever sustained, incurred or paid by the
Registrant to any party in respect of any of the matters and/or the exercise of
SGNIC's rights as specified in this Agreement.
37. Limitation of Liability. The Registrant agrees that SGNIC will not be liable for any
loss of registration and/or use (for whatever reason and whether temporary or
otherwise) of the Registrant's domain name, or for interruption of business, or 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 SGNIC has been advised of the possibility of such
damages. In no event shall SGNIC's maximum liability under this Agreement exceed
S$500.
Modifications and Termination
38. Modifications by SGNIC. The Registrant acknowledges and agrees that SGNIC may
amend this Agreement, including the quantum of fees payable to SGNIC, from time
to time and that, at least upon thirty (30) days' posting on the Internet at the URL
http://www.nic.net.sg, the Agreement shall be so amended in the manner as indicated
and that such amendments are binding upon the Registrant.
39. Termination of this Agreement by Reason of ICANN's Action. The Registrant further
acknowledges and agrees that SGNIC's right to issue, maintain or otherwise deal with
domain names (of whatever level or category) is dependent on ICANN or its
successors' (successor shall mean subsequent organization that takes over ICANN's
functions) continued recognition of and delegation to SGNIC to perform all such acts
as may be expected of SGNIC under this Agreement. Whilst SGNIC does not
anticipate that ICANN or its successor would withdraw such recognition and/or
delegation, Registrant nevertheless agrees that notwithstanding any other provision
herein, this Agreement shall terminate on the same day as ICANN or its successor
withdrawing its recognition of and/or delegation to SGNIC.
40. Effects of Suspension or Termination. In the event that this Agreement is terminated,
or any domain name is suspended, for whatever reason, the Registrant agrees that:
40.1 it shall, prior to the date of termination, pay SGNIC in full all monies
then owing by the Registrant to SGNIC in the case of a Registrant
applying for registration of a domain name directly with SGNIC;
40.2 it shall have no claims or recourse whatsoever, whether under
contract, tort or any other legal theory, against SGNIC. For the
avoidance of doubt, there shall be no refund, whether in whole or in
part, of any fees which have been paid to SGNIC prior to the
termination of this Agreement; and
13
40.3 Registrant shall continue to perform and observe those of its
covenants and obligations which survive termination or contemplate
or are capable of operation after termination, and accordingly, all
such provisions shall continue in full force and effect after
termination or expiration of this Agreement, including in particular
but without limitation, Clauses 35 to 37 of this Agreement.
General Terms
41. Notices. All notices or reports (but not including reminders for fees referred to in
Clause 21.2) permitted or required under this Agreement shall be in writing and shall
be delivered by personal delivery, facsimile transmission, by registered mail, and/or
where possible, by electronic mail and shall be deemed given upon personal delivery,
or seven (7) days after deposit in the mail, whichever occurs first. Initial notices to the
Registrant shall be sent to the domain name administrative contact at the address
provided by the Registrant in the application form.
42. Agency. Nothing contained in this Agreement shall be construed as creating any
agency, partnership, or other form of joint enterprise between the parties. Further, the
Registrant agrees that there is no agency, partnership or other form of joint enterprise
between any Registrar and SGNIC.
43. Non-Waiver. The failure of either party to require performance by the other party of
any provision hereof shall not affect the full right to require such performance at any
time thereafter; nor shall the waiver by either party of a breach of any provision
hereof be taken or held to be a waiver of the provision itself. Notwithstanding any
provisions herein, SGNIC may in its absolute discretion waive any rights that it may
have under this Agreement or the operation of any term or condition, which is to the
benefit of the SGNIC.
44. Invalidity & 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. Such provision shall be severed from the
remaining provisions which shall continue to be valid to the fullest extent permitted
by law. Further, SGNIC will amend or replace the unenforceable or invalid provision
with one that is valid and enforceable and which achieves, to the fullest extent
possible, the original objectives and intent of SGNIC as reflected in the original
provision.
45. Assignment. The Registrant consents to SGNIC assigning this Agreement and all
rights and obligations of SGNIC contained herein if the assignee agrees to be bound
by or assume the obligations imposed on SGNIC under this Agreement. The
Registrant shall not assign this Agreement to any other party. Any attempt by the
Registrant to assign its/his rights under this Agreement shall render this Agreement
voidable at SGNIC's option. Any attempt by the Registrant's creditors to obtain an
interest in its/his right under this Agreement, whether by attachment, garnishment or
otherwise, shall render this Agreement voidable at SGNIC's option.
46. Entire Agreement. This Agreement (including the RPPG, SLG and Dispute
Resolution Policy which are incorporated by reference herein and any schedule
attached hereto), as may be amended by SGNIC from time to time, constitutes the
complete and exclusive agreement of the parties regarding the registration and/or use
of domain names. This Agreement supersedes and governs all prior proposals,
agreements or other communications between the parties. The Registrant agrees that
14
registration of the domain name as applied for by the Registrant constitutes an
agreement to be bound by this Agreement, as amended by SGNIC from time to time.
47. Headings. Headings to clauses in this Agreement are for the purpose of information
and identification only and shall not be construed as forming part of this Agreement.
48. Ratification. In the event that the Registrant had applied for the registration for the
domain name through an agent, the Registrant hereby ratifies all acts of the
Registrant's agent and agrees to be bound by the terms and conditions herein.
49. Governing Law. This Agreement shall be governed by and interpreted in accordance
with the laws of the Republic of Singapore. The parties hereby submit to the non-
exclusive jurisdiction of the Singapore courts.
50. Third Parties. The parties herein agree that a person or entity who is not a party to this
Agreement shall have no right under the Contracts (Rights of Third Parties) Act Cap
53B to enforce any of the terms of this Agreement.
15