In this Service Agreement ("Agreement") "you" and "your" refer to each customer, "we", us" and "our" refer to 99WebMaker (a Brand of Dreamdots). (hereinafter referred to as 99WebMaker) and Services refers to the services provided by us. This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our Services you have agreed to establish an account with us for such Services. The clause 19 sets out the additional provisions specific to .biz; .asia; .me and .tel TLD domain name registration. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and by any pertinent rules or policies that are or may be published/ mailed by us.
2. SELECTION OF DOMAIN NAME
We cannot check and are not obligate to see whether the domain name you select/transfer, 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 be aware that if we are sued or threatened with lawsuit in connection with your domain name, we might turn to you to hold us harmless and indemnify us.
3. Rights & Responsibilities of Parties
a) You shall provide to us accurate and reliable contact details and promptly correct and update them during the term of the domain registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available; name of authorized person for contact purposes in case you are an organization, association, or corporation.
b) Your willful provision of inaccurate or unreliable information, willful failure to promptly update information provided to us, or your failure to respond for over fifteen (14) calendar days to inquiries by us concerning the accuracy of contact details associated with your domain registration shall constitute a material breach of the agreement and be a basis for cancellation of the domain registration.
c) If you intends to license use of the domain name to a third party, nonetheless, you are responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain. The Registrant licensing the use of a domain according to this provision shall accept liability for harm caused by wrongful use of the domain, unless it promptly discloses the current contact information provided by the licensee and the identity of the licensee to a party providing the Registrant reasonable evidence of actionable harm.
d) You may choose to limit the amount of personal information that a Registrar makes available in a WHOIS query. To do so, the name may be registered through a privacy service (allowing you to conceal personal identifying information and often replacing it with the information of the privacy service). However, in such circumstances also, you are required provide to us the accurate and reliable contact details and promptly correct and update them during the term of the domain registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available; name of authorized person for contact purposes in case you are an organization, association, or corporation. You shall be bound to provide us the accurate and complete information as required under WHOIS, which though not published but be maintained in our database.
e) We shall provide notice to each new or renewed Registrant stating:
(i) The purposes for which any Personal Data collected from the applicant/registrant are intended;
(ii) The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);
(iii) Which data are obligatory and which data, if any, are voluntary; and
(iv) How the Registrant or data subject can access and, if necessary, rectify the data held about them.
f) You shall consent to the data processing referred to in Clause (d).
g) You shall represent that notice has been provided equivalent to that described in Clause (d) to any third-party individuals whose Personal Data are supplied to the Company by you, and that you have obtained consent equivalent to that referred to in Clause (e) of any such third-party individuals.
h) We agree that we'll not process the Personal Data collected from you in a way incompatible with the purposes and other limitations about which we have provided notice to you in accordance with Clause (d) above.
i) We agree that we will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
j) We shall maintain the confidentiality of the WHOIS data provided by you under the Privacy Service, however we shall have the right to disclose such information, without any prior intimation to you, to any regulatory authority or to any other person whom we shall deem required to be provided with.
k) You shall 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 any third party.
l) For the adjudication of disputes concerning or arising from use of the domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where we are located.
m) You shall agree that the registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the domain name.
n) You shall indemnify and hold harmless the Company, and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration.
4. FEES PAYMENT AND TERM
As consideration for the Services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable unless we provide otherwise. As further consideration for the Services, you agree to: (1) provide current, complete and accurate information about you as required for 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"). You hereby grant us the right to disclose to third parties such Account Information. The Registrant, by completing and submitting the Domain Name Registration/Transfer Agreement ("Registration/Transfer Agreement"), represents that the statements in its application are true and that the registration of the selected Domain Name, so far as the Registrant is aware, does not interfere with or infringe upon the legal rights of any third party. The Registrant also represents that the Domain Name is not being registered/transferred for any unlawful purpose.
On the registration/transfer of a Domain name by 99WebMaker, a default (php3) home page will be displayed that could contain the following information:
1. Name of the registrant
2. Email address of the registrant
3. Address of registrant
4. Logo of 99WebMaker (site from which the domain is registered)
5. Logo of 99WebMaker (server on which domain is hosted initially)
Domain Name can be applied for a period of 1 year (minimum period 1 year) from the date of the registration. You can apply for renewal of the registration for further period of 1 year on payment of renewal fees applicable at the time of re-registration, and terms and conditions as applicable at the time of re-registration. The payment for re-registration must be received at least 14 days prior to the date of expiry otherwise re-registration of the same domain name shall not be granted. You acknowledge and agree that 99WebMaker cannot guarantee that you will be able to register or renew a desired domain name even, if an inquiry indicates that domain name is available, since 99WebMaker cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by third party(s), or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You further agree that 99WebMaker may elect to accept or reject your application for registration or renewal for any reason at its sole discretion.
All payments are to be made in favour of "Dream Dots" payable at Coimbatore, Tamil Nadu. At the back of the cheque / Demand draft you are required to mention your Order ID (You will receive via EMail) and domain name(s) you have booked against each order ID. In case payment is made by Credit Card then the registrant is required to send at the sole discretion of Dream Dots, where it deems fit a Confirmation Letter (see Annexure I) duly signed by him through fax/courier/registered post. Dream Dots reserves the right to stop the services, in case the confirmation letter as required is not received back within 14 days of allotment of Order ID Number.
Your domain name application, renewal application or registrar transfer request will not be submitted to the applicable registry unless we receive actual payment of the registration, renewal or transfer fee or reasonable assurance of payment of the registration, renewal or transfer fee from some other entity (such reasonable assurance as determined by Dream Dots at its sole discretion). In the event of a charge back by a credit card company or dishonor of cheque / demand draft in connection with your payment for the registration, renewal or registrar transfer request, you acknowledge and agree that the registration shall be transferred to Dreamdots as the entity that has paid the registration, renewal or transfer fee for that registration to registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal or transfer fee.
As per the ICANN Policy the Registrar shall send atleast two reminder mails/notice to the Registrant for a domain approaching expiry. It is also the responsibility of the registrant to renew the domain name on timely basis. However, at the conclusion of the registration period , failure by the Registrant fails to pay the renewal fee within the specified time as mentioned in the second reminder notice/mail, results in cancellation of the domain registration. We may send you more than two reminder mails for renewal prior to the date when a renewal is due. (Though renewal reminder is automated, We owe no responsibility if we fail to notify prior to due date. You are requested to make the payment for renewal as and when due). Domain renewal status can be checked by you from the control panel provided to you. Should a renewal fee go unpaid within the time specified regarding renewal, the registration will be cancelled. Payment must be made by cheque/demand draft/credit card or such other method as we may indicate in the registration application or renewal form. We will renew the registration for the term specified, 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 the registration, we will contact you to update this information and charge you accordingly.
In case the requisite payment is not received since it is due, then we can stop providing services to you and the stoppage of service due to non payment or any other reason attributable to you can not be held as " intent to cause wrongful loss or damage to the public or any person and neither it can be constructed to diminish the value or utility or affect you injuriously'. Discontinuance of service by Dreamdots due to non payment of dues or any other reason attributable to you does not amount to Hacking.