:: Domain Name Registration Agreement
.PH Registration Agreement
These terms and conditions relate to all
completed registration forms for the Top Level Domains which are
accepted by the Company.
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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.domains.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 effectively.
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.
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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.
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Registration Information. 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.
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Disputes. 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.
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Agents. 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.
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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).
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Indemnity. 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.
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Breach. 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.
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No Guaranty. 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.
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Nameholder Warranties. 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.
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Revocation. 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.
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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.
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Severability. 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.
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Entirety. 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.
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Coverage. 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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