TERMS AND CONDITIONS
Please read the Supplementary Terms for .ASIA Domain Name Registration below. When you are ready to continue, please close this window.
SUPPLEMENTARY TERMS FOR .ASIA DOMAIN NAME REGISTRATION
1. Interpretation. For all Services provided by Webnames by reason of, relating to, arising out of, or in any way connected with domain
names registered or proposed to be registered in the .ASIA Top Level Domain (the ".ASIA TLD"), the Webnames.ca Terms of Use and Services Agreement
(available by clicking here) and these Supplementary Terms together constitute and are referred to as the "Agreement". If there is a conflict
between these Supplementary Terms and the Webnames.ca Terms of Use and Services Agreement, then these Supplementary Terms will
govern.
2. Definitions. In these Supplementary Terms: (a) “Auction” means the auction for .ASIA domain names operated by Pool.com Inc.
(“Pool”) on behalf of DotAsia Organisation Limited in DotAsia Organisation Limited’s capacity as registry operator of the .ASIA TLD; (b) “Auction Platform”
means Pool’s technology environment for the operation of the Auction; (c) “Charter Eligibility Declaration Contact” (“CED Contact”) means a contact that is
designated to make the declaration that it meets the Charter Eligibility Requirement for registering a .ASIA domain name; (d) “Charter Eligibility
Requirement” means the eligibility requirement set out in the .ASIA Charter Eligibility Requirements, currently found at
http://www.dotasia.org/policies/DotAsia-Charter-Eligibility--COMPLETE-2007-08-15.pdf, set by DotAsia Organisation Limited from time to time and
incorporated in this Agreement by reference; (e) “DotAsia Community” means the geographical region described by ICANN as the Asia/Australia/Pacific region,
currently found at http://www.icann.org/montreal/geo-regions-topic.htm (f) "domain name" means a domain name registered or proposed to be registered in the
.ASIA TLD; (g) “ICANN” means Internet Corporation for Assigned Names and Numbers; (h) “Participant” means a person whose name appears on DotAsia
Organisation’s Limited’s qualified Auction list (who is either you or your agent) and who actively participates in the Auction; and (i) “Registry Services
Provider” means Afilias Limited and its successors and assigns as designated by DotAsia Organisation Limited.
In the Agreement: (a) "Registry Authorities" include DotAsia Organisation Limited, which is responsible for the administration of the .ASIA Top Level
Domain Registry, and Registry Services Provider, and their respective successors and assigns; and (b) "domain name" includes a domain name registered or
proposed for registration in the .ASIA TLD.
3. Acceptance. By applying to register a domain name through Webnames, you unconditionally accept and agree to the Agreement (including
all other policies and terms and conditions incorporated in this Agreement by reference).
4. Third Party Beneficiaries. Notwithstanding anything in this Agreement to the contrary, DotAsia Organisation Limited and Pool are and
will be intended third party beneficiaries of this Agreement. As such, you acknowledge and agree that the third party beneficiary rights of DotAsia
Organisation Limited and Pool have vested and that each of DotAsia Organisation Limited and Pool have relied on their third party beneficiary rights under
this Agreement in agreeing to Webnames being a registrar for the .ASIA TLD and in providing the Auction Platform to you (as applicable). For the avoidance
of doubt, you acknowledge and agree that this Agreement is for the benefit of Pool and DotAsia Organisation Limited but does not give rise to any
obligations on the part of Pool or DotAsia Organisation Limited.
Further, you acknowledge and agree that this Agreement is also for the benefit of Webnames Asia Inc.
Additionally, the third party beneficiary rights of Webnames Asia Inc., DotAsia Organisation Limited and Pool will survive any termination or expiration of
this Agreement.
5. Indemnity. Without limiting the generality of any other provision in the Agreement, you hereby covenant and agree to release,
indemnify, defend and hold harmless Webnames, Webnames Asia Inc., Pool and each of the Registry Authorities, and each of their respective successors,
assigns, directors, officers, employees, representatives, agents, affiliates, and stockholders, from and against any and all claims, suits, actions, other
proceedings, damages, liabilities, 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: (a) the Services; (b) your application to register a domain name; (c) your domain name registration; (d) your
use or Webnames’ use of any domain name; (e) your use (directly or indirectly through Webnames) of the Auction or other Pool’s services; (f) any breach of
this Agreement by you or any person for whom you are responsible in law; or (g) Webnames Asia Inc. acting as your CED Contact. This indemnity obligation
survives indefinitely after the termination or expiration of the Agreement.
6. Compliance with Policies.
(a) ICANN. Without limiting the generality of any other provision in the Agreement, you will comply with all ICANN standards, policies,
procedures, practices, rules, processes, regulations and requirements for which DotAsia Organisation Limited has responsibility in accordance with the
agreement between DotAsia Organisation Limited and ICANN dated December 6, 2006 for the operation of the .ASIA registry or with other arrangements with
ICANN.
(b) Registry Policies. You will comply with all operational standards, policies, procedures, practices, rules, processes, regulations and
requirements for the .ASIA Registry as established, amended, updated, changed or modified from time to time in a non-arbitrary manner by DotAsia
Organisation Limited (the “Registry Policies”), current found at http://www.dotasia.org/. You acknowledge that Registry Policies are applicable to all
registrars and registrants. Any changes of the Registry Policies by DotAsia Organisation Limited that are consistent with the agreement between DotAsia
Organisation Limited and ICANN dated December 6, 2006 for the operation of the .ASIA registry will be effective upon thirty (30) days’ notice by DotAsia
Organisation Limited to Webnames.
You agree to be bound by terms and conditions as set by DotAsia Organisation Limited during the initial launch and general operations of the .ASIA TLD,
including without limitation the Start-Up Policies, currently found at http://policies.registry.asia and your submission to a binding arbitration for
disputes arising from Start-Up Process (which is further described in the .ASIA Registry-Registrar Agreement by clicking here) or any allocation
of domain names.
7. Disputes.
(a) Dispute Resolution Policy. All disputes concerning domain names will be resolved in accordance with, and you hereby agree to submit to
proceedings commenced under, ICANN’s Uniform Domain Name Dispute Resolution Policy, currently found at http://www.icann.org/dndr/udrp/policy.htm, and to
proceedings commenced under ICANN’s Charter Eligibility Dispute Resolution Policy, currently found at http://www.icann.org/udrp/cedrp-policy.html. You
agree to submit to proceedings commenced under other dispute resolution policies as set forth and published by DotAsia Organisation Limited from time to
time, currently found at http://policies.registry.asia, including without limitation to expedited proceedings relating to the suspension of a domain name
brought by intellectual property right holders, Internet engineering and security experts and other competent claimants for the purpose of upholding the
stability, security and integrity of the .ASIA Registry.
All policies may be revised from time to time by ICANN or DotAsia Organisation Limited in their absolute discretion without any notice to you. By
maintaining the registration of your domain name after any such revisions, you agree to be bound by the revised policies. If you do not agree to any such
revisions, you will terminate your domain name registration. If you terminate your domain name registration, the registration fees will not be refunded.
(b) No Change. If a complaint is filed with a judicial or administrative body regarding a domain name registered using the Services, you
will not make any changes to the domain name registration or record without Webnames’ prior approval. Webnames may in its absolute discretion refuse to
allow you to make changes to the domain name registration or record unless and until: (i) Webnames is directed to do so by the judicial or administrative
body, or (ii) Webnames receives notification by you and the other party contesting the domain name registration and use that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation regarding your registration and use of a domain name registered using the Services, Webnames
may deposit control of the domain name registration into the registry of the judicial body by delivering a registrar certificate to the judicial body.
8. Registration Data.
(a) Registration Data. To apply to register a domain name, you must provide Webnames with the following complete, accurate and current
information: (i) the domain name to be registered; (ii) the IP addresses and corresponding names of the primary and secondary name servers for the domain
name; (iii) the original creation date and term of the registration; (iv) the name, postal address, e-mail address, voice telephone number, and (where
available) fax number of the registrant contact for the domain name; (v) the name, postal address, e-mail address, voice telephone number, and (where
available) fax number of the billing contact for the domain name; (vi) the name, postal address, e-mail address, voice telephone number, and (where
available) fax number of the technical contact for the domain name; and (vii) the name, postal address, e-mail address, voice telephone number, and (where
available) fax number of the administrative contact for the domain name (collectively the "Registration Data").
(b) Use and Disclosure of Data. Without limiting the generality of any other provision in the Agreement, you hereby consent to: (i) the
disclosure of the Registration Data to the Registry Authorities, Pool and Webnames Asia Inc.; (ii) the use of the Registration Data by Webnames, Webnames
Asia Inc., Pool and the Registry Authorities in connection with the processing of your application to register the domain name, the registration of the
domain name, the operation of the .ASIA TLD and related systems (including the Auction), the processing of transactions in connection with the .ASIA TLD
system and the Auction and acting as your CED Contact (if applicable); (iii) the disclosure of the Registration Data to the public as part of the .ASIA TLD
Whois database; and (iv) the use, copying, distribution, publication, modification or other processing of your data about any identified or identifiable
individual by DotAsia Organisation Limited or Pool, and their respective designees and agents in a manner consistent with the purposes specified in the
.ASIA Registry-Registrar Agreement (available by clicking here) and with relevant mandatory local data protection, laws and privacy.
(c) Data Complaints. Webnames may accept written complaints from third parties regarding false or inaccurate Registration Data in
connection with a domain name, and may deliver to you by email a written notice stating that the Registration Data may be false, inaccurate or not up to
date (a "Data Notice"). You will immediately update the Registration Data (including without limitation contact information). Without limiting the
generality of any other provision in the Agreement, (i) your wilful or grossly negligent provision of inaccurate or unreliable information to Webnames;
(ii) your wilful or grossly negligent failure promptly to update information provided to Webnames; or (iii) any failure to respond for over five (5)
calendar days from the date of a Data Notice to an email sent by Webnames to the email address for the administrative, billing or technical contact then
appearing in the .ASIA TLD Whois directory for your domain name regarding the accuracy of Registration Data associated with any domain name registration by
or through you or your account, will constitute a material breach of the Agreement and be a basis for cancellation of the registration of your domain names
and you will not be entitled to a refund of any fees paid in connection with the domain name.
9. Representations, Warranties and Certifications. Without limiting the generality of any other provision in the Agreement, you hereby
represent, warrant and certify as follows: (a) you have the requisite power, authority and approvals to enter into, execute and deliver this Agreement and
to perform fully your obligations under this Agreement; (b) you are at least the age of majority in your jurisdiction of residence and can form legally
binding contracts under applicable law; (c) the Registration Data is true, correct, up to date, accurate, reliable, and complete; (d) you will keep the
Registration Data true, correct, up to date, accurate, reliable, and complete, and will immediately correct and update the Registration Data during the
term of the registration of the domain name; (e) 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 or violates legal rights and/or interests of any third party or violates any provision of the Agreement.
10. Charter Eligibility.
(a) CED Contact. You acknowledge and agree to comply with the .ASIA Charter Eligibility Requirement, currently found at
http://www.dotasia.org/policies/DotAsia-Charter-Eligibility--COMPLETE-2007-08-15.pdf. Without limiting the generality of the foregoing, in order to be
eligible for a .ASIA domain, at least one of the registrant contact, administrative contact, technical contact and billing contact described in subsection
8(a) must be a legal entity of the DotAsia Community and be designated as your CED Contact.
(b) Representations and Warranties. You represent and warrant that you have made known to the CED Contact, and the CED Contact has agreed,
that you and the CED Contact will jointly be defined as the registrant, and that both you and the CED Contact will be jointly responsible for the domain
name in the event of a dispute or a challenge over your legal entitlement to or the ownership of the domain name. For greater certainty, the CED Contact is
only responsible for responding to and acknowledging dispute proceedings and to refer such dispute or challenges to you. The CED Contact will be bound by
the provisions in the DotAsia Organisation Limited’s .ASIA Charter Eligibility Requirement Policy published from time to time. You agree that you have
obtained an agreement from the CED Contact that you will remain the operating contact for all operations of the domain, including without limitation to
domain transfer and updates.
(c) Webnames Asia Inc. as CED Contact. If you require a CED Contact for one or more domain names, Webnames Asia Inc. (an
affiliate of Webnames) may agree to be your CED Contact subject to your agreement and acceptance of the .ASIA CED Contact Agreement (currently found at
www.webnames.ca) and your payment of the applicable annual fees and taxes (which will be collected by Webnames on behalf of Webnames Asia Inc.).
11. Responsibility. By registering a domain name, you are responsible for providing and maintaining true, correct, up to date, accurate,
reliable, and complete Registration Data adequate to facilitate the timely resolution of any problems that arise in connection with the domain name, and
you are liable for any loss or damage caused by any wrongful use of the domain name.
12. Fees. Fees for Services are non-refundable. If you fail to timely pay all requisite fees (including applicable taxes) for a domain
name registration, the domain name registration may be immediately cancelled without any prior notice or liability to you or any other person.
13. Records of Registration. You will maintain your own records appropriate to document and prove the initial registration date of all
domain names, regardless of the number of registrars with which you enter into a contract for registration services.
14. Suspension, Cancellation, and Transfer. Without limiting the generality of any other provision in the Agreement, the registration of a
domain name is subject to suspension, cancellation, and transfer pursuant to any specification or policy adopted by Webnames or a Registration Authority:
(a) to correct mistakes by Webnames or a Registration Authority in registering the domain name (including your non-compliance with Charter Eligibility
Declarations); or (b) for the resolution of disputes concerning the domain name.
15. Reservation of Rights. Without limiting the generality of any other provision in the Agreement, DotAsia Organisation Limited, Registry
Services Provider, Pool, and Webnames each reserve the right to deny, cancel, transfer and otherwise make unavailable any domain name registration or
Auction services that any of them deems necessary, in their sole discretion: (a) to protect the integrity, security and stability of the .ASIA TLD registry
or the Auction Platform (as applicable); (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in
compliance with any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of DotAsia Organisation Limited, Pool, or
Webnames or any of their respective affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (d) for violations of any
agreements between DotAsia Organisation Limited and Webnames or between Pool and Webnames; or (e) to correct mistakes made by DotAsia Organisation Limited,
the Registry Services Provider, Webnames or any registrar in connection with a domain name registration. DotAsia Organisation Limited and Webnames each
reserve the right to freeze a domain name such as placing a domain name on hold, lock or other status during the resolution of a dispute regarding the
domain name.