Domain Name Service Agreement
A. Introduction and dotPH Policies.
B. Term, Fees and Payments.
C. Registration Information
F. Limitation of Liability.
I. No Guaranty.
J. Nameholder Warranties.
L. Right of Refusal.
Introduction and dotPH Policies
This domain service agreement ("ServiceAgreement" or "Agreement") is submitted to dotPH, INC. ("dotPH") for the purpose of applying for and registering a sub-domain of the PH country-code top level domain ("Domain") on the Internet. If this ServiceAgreement is accepted by dotPH, the Service Fee is paid to dotPH, its re-seller or other authorized party, and a Domain is registered in dotPH's domain name database and assigned to the Nameholder, Nameholder ("Nameholder") agrees to be bound by the terms of this ServiceAgreement and the terms of dotPH's Policies ("dotPH Policies") which exist now or in the future may be published by dotPH at dotPH's web site at http://www.dot.ph ("dotPH's Site"). dotPH may modify this Agreement and dotPH Policies from time to time, and will post at the top of the particular document the last date upon which it was modified and the date of effectivity. dotPH is responsible for publishing dotPH Policies applicable to its Nameholders on dotPH's Site. Nameholder is solely responsible for reviewing the dotPH Policies on a regular basis, as the updated dotPH Policies are effective thirty (30) calendar days after the initial date of posting of such revisions or modification on dotPH's Site. dotPH Policies, which Nameholder acknowledges and understands may be changed or modified by dotPH from time to time, are incorporated into this Agreement by this reference. By Nameholder's use of its Domain following the effective date of any revision of dotPH Policies, Nameholder agrees to be bound by such revisions to dotPH Policies. In the event Nameholder does not wish to be bound by the updated dotPH Policies, Nameholder's sole remedy is to cancel its registration to the Domain by following the appropriate dotPH Policies regarding such cancellation.
Term, Fees and Payments
This Service Agreement shall continue for a term specified by Nameholder pursuant to the current dotPH Policies. Nameholder will have the right to renew this Agreement in accordance with the dotPH Policies in effect at the end of this Agreement's then current term. Nameholder's payment of the Service Fee for the renewal term shall constitute Nameholder's acceptance of this Agreement and the dotPH Policies existing at the time of the payment including amendments thereto introduced thereafter.
Nameholder shall pay to dotPH the appropriate Service Fee applicable at the time the Nameholder submits its Registration Application. Payment of Service Fees should be made in accordance with the dotPH Policies effective at the time the Nameholder submits such payment. All fees paid pursuant to this Agreement are non-refundable except as provided for herein.
Nameholder shall ensure that: (i) the information submitted by Nameholder to dotPH ("Nameholder Information") is true, current, complete, accurate, and reliable; and (ii) Nameholder shall maintain, update, and keep Nameholder Information true, current, complete, accurate, and reliable by notifying dotPH immediately of a change to any such information in accordance with the appropriate dotPH Policy relating to Nameholder Information modifications. dotPH reserves and may exercise the right to terminate Nameholder's Domain registration if (i) information provided by Nameholder to dotPH is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) Nameholder fails, in a timely manner, to maintain, update, and keep Nameholder Information true, current, complete, accurate, and reliable. Nameholder acknowledges that a breach of this Section will constitute a material breach of this Agreement which will entitle dotPH to terminate this Agreement immediately upon such breach without any refund of the Service Fee and without notice to Nameholder.
Nameholder agrees that, if the registration of its Domain is challenged by any third party, the Nameholder will be subject to the provisions specified in the dotPH Policies.
Nameholder agrees that if this ServiceAgreement is completed by an agent for the Nameholder, such as an ISP or dotPH's Reseller, the Nameholder is nonetheless bound as a principal by all terms and conditions herein, including the dotPH Policies. Further, Nameholder is responsible for all information submitted by its agent. dotPH will not cancel this Agreement, or refund any fees paid to it, because of errors or omissions of the agent in the registration process (e.g., if such agent provides incorrect information) or because of errors or omissions in changes to Nameholder's Domain registration, without Nameholder's actual consent, as such apparent authority will suffice to bind Nameholder. By acting on Nameholder's behalf, such agent represents and warrants to Nameholder and dotPH that the agent is authorized to bind Nameholder hereto and that it has fully and thoroughly advised Nameholder of the terms and conditions of this Agreement.
Limitation of Liability
dotPH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER WAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, dotPH AND dotPH RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT NAMEHOLDER MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING" OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN. FINALLY, dotPH IS NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT NAMEHOLDER MAY SUFFER BECAUSE OF THE RE-DELEGATION OF THE PH COUNTRY CODE TOP LEVEL DOMAIN, SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORIZED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, OR BREACH OF SECURITY, EVEN IF dotPH HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF dotPH MAY FORESEE SUCH POSSIBLE DAMAGES. NAMEHOLDER'S SOLE REMEDY FOR dotPH'S BREACH OF THIS AGREEMENT SHALL BE A REFUND OF THE SERVICE FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY NAMEHOLDER ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. NAMEHOLDER'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO dotPH BY THE NAMEHOLDER BUT IN NO CASE SHALL EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
Nameholder shall defend, indemnify, and hold harmless dotPH and its officers, directors, shareholders, owners, managers, employees, agents, contractors, affiliates and attorneys ("dotPH Related Parties") from and against any and all claims of third parties, including, but not limited to all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees (which attorneys shall be hired at the sole discretion of dotPH) and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Agreement, use of dotPH's Domain registration or other services, or to the Domain itself, including Nameholder's use, display, exploitation, or registration of the Domain, as well as for infringing or otherwise damaging content displayed or otherwise made available via the Domain. If dotPH is threatened by claims or suit of a third party, dotPH may seek written assurances from the Nameholder concerning the Nameholder's obligation to indemnify dotPH. Failure to provide such written assurances is a material breach of this Agreement. Failure of Nameholder to fully indemnify dotPH in a timely manner will result in termination of Nameholder's registration to the Domain; such termination of the Domain shall in no way prejudice dotPH's right to seek the indemnity by way of litigation or otherwise.
Nameholder agrees that failure to abide by any provision of this ServiceAgreement or the dotPH Policies may be considered by dotPH to be a material breach and that dotPH may provide a written notice, describing the breach, to the Nameholder. If, within thirty (30) days of the date of mailing such notice, the Nameholder fails to provide evidence, which is reasonably satisfactory to dotPH, that it has not breached its obligations, then dotPH may delete Nameholder's registration of the Domain. Any such breach by a Nameholder shall not be deemed to be excused simply because dotPH did not act earlier in response to that, or any other, breach by the Nameholder.
Nameholder agrees that, by registration of a Domain, such registration does not confer immunity from objection to either the registration or use of the Domain.
Nameholder represents, warrants, and guarantees that (i) Nameholder understands that use of the Domain may be subject to applicable laws, including those concerning trademarks and other types of intellectual property; (ii) to the best of the Nameholder's knowledge and belief, neither the registration of the Domain nor the manner in which it is to be directly or indirectly used infringes the intellectual property rights of another party in accordance with the law effective in the jurisdiction/s where the Nameholder resides or conducts business; (iii) Nameholder understands that use of the Domain is subject to all terms and conditions of this Agreement, dotPH Policies, and any other pertinent rule or policies now existing or which dotPH may publish from time to time; (iv) Nameholder does register and will use, display, or exploit the Domain in good faith, in accordance with all laws and regulations effective in the jurisdiction/s where the Nameholder resides or conducts business, and will not use the Domain in any way which may violate a subsisting right of any party; and (v) the information provided by the Domain applicant is true and accurate.
Nameholder agrees that dotPH may delete a Nameholder's Domain if this ServiceAgreement, or subsequent modification(s) thereto, contains false or misleading information, or conceals or omits any information dotPH would likely consider material to its decision to approve this ServiceAgreement.
Right of Refusal
dotPH, in its sole discretion, reserves the right to refuse to approve the ServiceAgreement for any Nameholder. Nameholder agrees that the submission of this ServiceAgreement does not obligate dotPH to accept this ServiceAgreement. Nameholder agrees that dotPH shall not be liable for loss or damages that may result from dotPH's refusal to accept this ServiceAgreement.
Nameholder agrees that the terms of this ServiceAgreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions which shall continue to be binding.
Nameholder agrees that this ServiceAgreement and the dotPH Policies is the complete and exclusive agreement between Nameholder and dotPH regarding the registration of Nameholder's Domain. This ServiceAgreement and the dotPH Policies supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.
This ServiceAgreement is only for registrations of domains of the PH country code top-level domains, namely: .PH, .COM.PH, .NET.PH, .ORG.PH, .MIL.PH and .NGO.PH. By completing and submitting this ServiceAgreement for consideration and acceptance by dotPH, the Nameholder agrees that he/she has read and agrees to be bound by the above.
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