CED Contact Terms and Conditions

.ASIA CED Contact Agreement

This Agreement governs the provision of CED Contact services by Webnames Asia, exempts Webnames Asia and other persons from liability or limits their liability, and contains other important provisions you should read. By requesting that Webnames Asia be a CED Contact for a .ASIA domain name, you acknowledge and signify that you have read, understood, and agreed, without limitation or qualification, to be bound by this Agreement. If you do not accept and agree to this Agreement, you may not request that Webnames Asia be a CED Contact.

1. Definitions: In this Agreement: (a) “Account” means the Webnames.ca Inc. account specified in the Order; (b) “CED Contact” means a contact designated to make the declaration that it meets the Charter Eligibility Requirement for registering a .ASIA domain name as specified in the .ASIA Charter Eligibility Requirement Policies (currently found at www.dotasia.org) (the “ Policies”) as amended from time to time by DotAsia Organisation Limited; (c) “Customer” means collectively the holder of the Account, as identified in the customer records of Webnames.ca Inc. (“Webnames.ca”), the person identified as the “Company” in the Account, and the registrants, legal and beneficial owners, and authorized users of the domain names registered using the Account; and (d) “ Order” means the Customer’s order for the registration or renewal of domain names in the .ASIA TLD (each a “domain name”) as accepted by Webnames.ca and as amended from time to time by agreement of Customer and Webnames.ca.

2. Application of Agreement: This Agreement is between Customer and Webnames Asia Inc. (“Webnames Asia”) and applies to each domain name that Customer registers or applies to register through the Account for which Customer requests that Webnames Asia be the CED Contact. By requesting that Webnames Asia be a CED Contact, Customer acknowledges and signifies that it has read, understood and agreed, without limitation or qualification, to be bound by this Agreement. If this Agreement is accepted by an individual on behalf of Customer, the individual represents and warrants that he or she has the legal authority to agree to and accept this Agreement on behalf of Customer. If Customer does not agree with each provision of this Agreement, Customer may not request that Webnames Asia be a CED Contact for any domain names. This Agreement is in addition to Customer’s agreements with Webnames.ca regarding the registration and renewal of the domain names.

3. CED Contact Services: Subject to the provisions of this Agreement and Customer’s timely payment of all applicable fees and taxes, during the term of this Agreement Webnames Asia agrees to be the CED Contact for each of the domain names registered through Webnames that Customer specifies in the applicable Order. Except as expressly set forth in this Agreement, Webnames Asia will not provide any other services regarding the domain names.

4. Fees/Payment: For each domain name for which Webnames Asia is the CED Contact, Customer will pay to Webnames Asia the fees specified or referenced in the Order plus all applicable taxes. The fees will be calculated based upon the number of years for which Customer registers or renews the domain name for which Webnames Asia is the CED Contact. All fees and applicable taxes are payable in advance and are not refundable under any circumstances (including termination of this Agreement), and will be collected by Webnames.ca on behalf of Webnames Asia.

5. Domain Name Registration Transfers: Webnames Asia will be a CED Contact for a domain name only while it is registered by Customer through the Account. If Customer transfers the registration of a domain name to a different Account or to a different registrant or from Webnames.ca to a different registrar, Webnames Asia is no longer required to be the CED Contact for the domain name and Customer will immediately replace Webnames Asia with a different CED Contact for the domain name.

6. Changes to CED Contact: Customer may in its discretion replace Webnames Asia with a different CED Contact for any or all domain names registered in the Account (provided that the new CED Contact fulfills the Charter Eligibility Requirement), except that Customer may not do so until after the completion of the Sunrise process as described in the .ASIA Sunrise Policies document currently located at www.dotasia.org, or when proceedings have commenced under the Charter Eligibility Dispute Resolution Policy, currently found at http://www.icann.org/udrp/cedrp-policy.html. Customer will not receive a refund of any fees or taxes paid under this Agreement if Customer replaces Webnames Asia with a different CED Contact.

7. Compliance with Applicable Laws and Policies: Customer represents and warrants that its registration and use of the domain names will comply with all applicable laws and policies (including the Policies) and will not infringe the rights (including intellectual property rights) of any other person. Customer acknowledges and agrees that Customer has read the Policies, and that at all times Customer will fully comply with the Policies. Without limiting the generality of the foregoing, Customer acknowledges and agrees as follows:

(a) If Webnames Asia is named as a responding party in a dispute regarding a domain name for which Webnames Asia is the CED Contact, Webnames Asia will initially acknowledge the dispute proceedings and give Customer notice of the dispute, and will not have any other responsibility or liability for the dispute.

(b) Customer is and will remain solely regarded as the registrant for all domain names for all general purposes, including all operations and liabilities regarding the use of the domain names, except for the fulfillment of the Charter Eligibility Requirement.

(c) Webnames Asia may in its discretion update information about itself in all domain name registration records.

(d) Customer is and will remain the operating contact for all domain names, including for all domain name transfers (including registrant transfer and registrar transfer), domain name registration updates, and the replacement of domain name contacts (including the CED Contact).

(e) Details of Webnames Asia as the CED Contact for the domain names will be publicly available via applicable WHOIS databases and otherwise.

8 . Disclaimers: To the maximum extent permitted by applicable law, Webnames Asia’s services are provided on an “as is” and “as available” basis, and without any representations, warranties, conditions or guarantees of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance; and Webnames Asia disclaims any and all responsibility and liability regarding Webnames Asia’s services. Webnames Asia is not responsible or liable for Webnames.ca or any act or omission by Webnames.ca.

9. Limitation of Liability: Notwithstanding any other provision of this Agreement, and to the maximum extent permitted by applicable law: (a) in no event and under no circumstances will Webnames.ca or Webnames Asia or their respective past, present and future directors, officers, employees, agents, representatives, successors, assigns and related persons ever be liable to Customer or any other person for any loss or damage (including direct, indirect, incidental, inconsequential, special, punitive, and exemplary loss and damage) arising from, connected with, or relating to any domain names, Webnames Asia’s role as CED Contact, the services provided by Webnames Asia pursuant to this Agreement, or otherwise; and (b) if, notwithstanding the foregoing, Webnames.ca or Webnames Asia is liable to Customer or any other person arising from, connected with, or relating to any domain names, Webnames Asia’s role as CED Contact, the services provided by Webnames Asia pursuant to this Agreement, or otherwise, then in no event and under no circumstances will their total aggregate liability ever exceed $10 CDN. The foregoing exclusions and limitations apply to liability under any legal theory (including contract, tort, strict liability, or any other theory of law or equity or statute), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by Webnames.ca, Webnames Asia or anyone for whom they are responsible, and even if Webnames.ca or Webnames Asia has been advised of the possibility of such loss or damage being incurred. Customer hereby releases, remises and discharges Webnames.ca and Webnames Asia from all obligations, liabilities, claims and demands in excess of the foregoing exclusions and limitations. Customer acknowledges and agrees that this provision represents a fair allocation of risk and liability. The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions.

10. Indemnity: Customer will indemnify, defend and hold harmless Webnames Asia and Webnames.ca and their respective directors, officers, employees, representatives, agents, affiliates successors, and assigns from and against any and all claims, suits, actions, other proceedings, damages, liabilities, obligations, costs and expenses of any kind, including without limitation actual legal fees and expenses, by reason of, relating to, arising out of, or in any way connected with any domain names, any breach of this Agreement by Customer or any person for whom Customer is responsible in law, or Webnames Asia acting as CED Contact.

11. Third Party Beneficiary: Customer acknowledges and agrees that Webnames.ca is a third party beneficiary to this Agreement.

12. Term and Termination: The term of this Agreement will commence when an Order for registration of a domain name for which Webnames Asia is the specified CED Contact is accepted by Webnames.ca, and will continue unless and until terminated in accordance with this Agreement. Customer may terminate this Agreement for its sole convenience effective immediately upon written notice to Webnames Asia, but only if Customer has replaced Webnames Asia with a different CED Contact for all of the domain names. Webnames Asia may terminate this Agreement for cause effective immediately upon delivery of a written termination notice to Customer if: (a) Customer fails to timely pay all applicable fees and taxes required under this Agreement; (b) Customer commits any other breach of this Agreement and has not remedied the breach within fifteen (15) days after receipt of a default notice from Webnames Asia identifying the breach; (c) all of Customer’s domain name registrations through Webnames.ca are cancelled or not-renewed or are transferred to a different registrant or to a registrar other than Webnames.ca; or (d) Customer’s agreement with Webnames.ca relating to the registration of a domain name is terminated or expires for any reason.

13. Consequences of Termination: If this Agreement is terminated for any reason, Customer will immediately replace Webnames Asia as the CED Contact for all domain names registered through Webnames.ca. Notwithstanding any other provision of this Agreement, Sections 4, 8, 9, 10, 11, 13 and 14 of this Agreement will survive indefinitely after the termination of this Agreement and remain binding upon the parties.

14. General: This Agreement is the entire Agreement between Customer and Webnames Asia regarding the services provided by Webnames Asia under this Agreement and related matters, and supersedes all previous communications, agreements, or understandings regarding those matters. If any provision of this Agreement is found by any court of competent jurisdiction to be unenforceable, all other provisions will remain in full force and effect. Nothing in the Agreement or done pursuant to the Agreement will create or be construed to create a partnership, joint venture, agency, employment, sponsorship, or other similar relationship between the parties. Notwithstanding any other provision of this Agreement, Webnames Asia will not be liable for any delay in performing or failure to perform any of its obligations under this Agreement to the extent performance is delayed or prevented due to any cause or causes that are beyond Webnames Asia’s reasonable control. This Agreement, Webnames Asia’s services and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Any dispute arising from, connected with or relating to this Agreement, Webnames Asia’s services, or any related matters will be resolved before the Supreme Court of British Columbia sitting in the City of Vancouver, British Columbia, Canada, and Customer and Webnames Asia hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all such disputes. Customer will deliver all notices to Webnames Asia under this Agreement by courier or personal delivery or facsimile transmission to the following address: Webnames Asia, c/o 3rd Floor - 322 Water Street, Vancouver, BC V6B 1B6, fax no. 604.633.3174, Attention: President. Webnames Asia may deliver notices to Customer by email or facsimile transmission to the Account Holder’s email address specified in the Account information Webnames.ca has on file or by email to the administrative contact for the relevant domain name. Customer expressly requests and requires that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s’y rapportent soient rediges en anglais.

15. Changes: Webnames Asia may, in its discretion, change, supplement or amend this Agreement from time to time effective immediately by posting revised terms and conditions on the Webnames.ca website at www.webnames.ca. By using Webnames Asia’s services after a revised Agreement is posted on the Webnames.ca website, Customer signifies its acceptance and agreement to be bound by the revised Agreement. If Customer does not agree with each provision of the revised Agreement, Customer may no longer use Webnames Asia’s service. Customer may not change, supplement or amend this Agreement in any manner.

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