DOMAIN NAME REGISTRATION AGREEMENT
This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of the domain name registration services of Web Indices to register an Internet domain name , as well as your registration of that domain name. To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, the accompanying fee schedule, dispute policy and any rules or policies that are or may become effective when published by Web Indices. This Agreement will become effective if accepted by Web Indices. Web Indices is an accredited registrar with the Nigerian Internet Registration Association (NIRA) and a reseller of OnlineNIC, an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("NIRA") under an agreement between Web Indices and NIRA ("NIRA Agreement"). You acknowledge that Web Indices may modify this Agreement if necessary to comply with its NIRA Agreement, or otherwise.
Selection of a Domain Name
We do not check to see whether the domain name you select, 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 or NIRA 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 may turn to you to hold us harmless and indemnify us, pursuant to the indemnification provision below.
Fees, Payment and Refund Policy
As consideration for the domain name registration services provided by Web Indices to you, you agree to pay Web Indices, at the time of submitting your application for registration, all applicable initial registration fees and renewal fees in accordance with Web Indices’ fee schedule published at Web Indices’ website. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of the registration term. You will be notified when renewal fees are due, and it shall be your responsibility to ensure that such fees are paid. Should these fees go unpaid by the time specified in the renewal notice, your registration will be cancelled. You agree that Web Indices shall have no liability whatsoever with respect to any such cancellation.
After Expiration of The Term of Domain Name Registration.
You agree that we may, but are not obligated to, allow you to renew your domain name after its expiration date has passed. After expiration of the term of a domain name registration services and before deletion of the domain name in the applicable registry's database, you acknowledge that we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and you acknowledge that we may either leave your WHOIS information intact or that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.
After expiration of the term of domain name registration services, you acknowledge that certain registry administrators may provide procedures or grace periods during which expired domain name registrations may be renewed. You acknowledge that you assume all risks and all consequences if you wait until close to or after the end of a domain name registration term to attempt to renew the registration. You acknowledge that we, for any reason and in our sole discretion, may choose not to participate in a post-expiration renewal of a domain name and that we shall not be liable therefore. You acknowledge that post-expiration renewal or redemption processes, if any, involve additional fees which we and your Primary Service Provider may determine. You acknowledge and agree that expired domain name(s) may be made available to be registered or re-registered to any party at any time.
You agree that we may distribute information to you that is pertinent to the quality or operation of our Service(s) and the services of your Primary Service Provider which utilize our Service(s). These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet and/or they may include information or announcements which NIRA, the registries, or others may require us to distribute.
You agree that you will lose all rights upon the selected domain name in case of a charge back by your credit card company, credit card fraud or any other reserved payment. Web Indices will decide at his sole discretion whether to hold the name in his own portfolio or to release it for use by others. (More Info).
If registering a .ng domain name, you agree to be bound by the current NIRA Dispute Resolution Policy ("Dispute Policy") which can be found here: http://nira.org.ng/media/pdf/NIRA%20DISPUTE%20RESOLUTION%20POLICY.pdf. Any disputes regarding the right to use your domain name will be subject to the Dispute Policy provisions in effect at the time your domain name registration is disputed by a third party, in the event such a dispute arises. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold Web Indices harmless pursuant to the terms and conditions contained in the Dispute Policy. Web Indices may modify the Dispute Policy with the permission of NIRA at any time. Your continued registration of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be deleted. (More Info ).
Use of Your Information
As part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the zone contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois data. You agree and acknowledge that when you renew your domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your registration may not be renewed. You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name. If you license use of a domain name to a third party, you are nonetheless the holder of record of the domain name and are responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information. You further agree that your failure to respond for over fifteen (15) calendar days to inquiries by Web Indices concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. You acknowledge that Web Indices will make some of the information that you provide during the registration process publicly available as required by NIRA. Additionally, you acknowledge that NIRA may impose guidelines, limits and/or requirements that relate to the amount and type of information that Web Indices may or must make available to the public or to private entities. Web Indices will not otherwise disclose your information to any third party unless it is required to maintain your domain name. You may request a copy of your information in Web Indices’ possession to review, modify or update such information.
Web Indices, Inc. will suspend or stop the use of the domain name including (but not limited to) modifying DNS, modifying registration information or delete domain name without further notice, no refund of the registration fee or renewal fee if(1)a registered domain name is purposely used to send out mass spams like mass unsolicited, commercial advertising or solicitations and so on, (2)or used to send out retroactive, pornographic or other harmful emails that violate the country laws and rules, (3)or used to receive the returned emails of the above emails, (4)or used to resolve, point or forward to the website with harmful information that violate the country laws and rules, (5)or used to do other illegal actions.
Agents and Licenses
You agree that, if your domain name is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy. You agree that if you license the use of your domain name to a third party, you remain the domain name holder, and remain responsible for all obligations under this Agreement.
Change in Registrar
Web Indices policy permits Registrant to change its Registrar for an existing domain name. You agree that you can change the Registrar only in accordance with the policy or other policy from time to time provided by NIRA. The policy provides: (a). Each change of Registrar requires you to enter into a new Registration Agreement and to pay the appropriate registration fee;(b). You obtain no refund of any part of the fee paid to existing Registrar. (More Info ).
HOSTING TERMS OF SERVICE
This Web Indices Terms Of Service agreement (hereafter referred to as the "TOS") lays down the terms and conditions by which Web Indices’ Hosting Services (hereafter referred to as the "Services") will be provided to you upon registration. The TOS also describes prohibited uses of the Services. This TOS is not exhaustive and Web Indices reserves the right to modify it from time to time, effective when notification is posted at www.Web Indices.com. No verbal or written agreement/statement by any Web Indices employee or at Web Indices’ website will take precedence over the TOS.
On registering for and using the Services, you the Customer agree to all the terms and conditions of the TOS, as modified from time to time, in its entirety. If Customer resells the Services he or she is paying for, the Customer will be responsible for his or her Clients. Web Indices only recognizes the Customer who is paying for the Services and not his or her clients. Violation of the TOS or any such action that Web Indices deems inappropriate may result in the termination or suspension of the Services for the Customer.
The Services purchased by the Customer will be in the form of a Hosting Service Plan. Each Service Plan outlines the features, resources and storage that Web Indices will provide to the Customer for the stated Service Fee. Each Service Plan along with their features, resources, storage and Service Fee are defined at www.webindices.com.ng. Web Indices has the sole right to determine how the features, storage and resources under each Service Plan are interpreted and how they will be provided to the Customer. The Customer must clarify any questions about the Service Plan he or she wishes to purchase with Web Indices before registration. The Service Plan will be provided to the Customer in the form of a Service Account, which would allow the Customer to manage and use the features, resources and storage stated in the chosen Service Plan. All prices mentioned in the TOS and at www.web indices.com.ng are in Nigerian Naira (NGN)
All Service Accounts are setup on a pre-pay basis. Upon the start of each Billing Period, the Customer will be charged the Service fee for the duration of the Billing Period. There may be additional charges according to our Overage Policy if any additional resources, features or storage is purchased or used by the Customer under the chosen Service Plan (which was not otherwise included for free). The Billing Period will renew itself automatically on termination unless the Customers chooses to cancel his or her Service Account (according to the Cancellation/Refund Policy)
For all purchases, customer must manually pay following payment procedures defined by Web Indices. Failure of customer to pay manually through the designated bank account or for Web Indices to charge customer's credit/debit card (due to any reason, in particular in case of an invalid credit/debit card number or credentials) would lead to Service Account suspension. The Customer's Service Account would only be resumed when the customer clears his or her balance and pays for the Service Fee for the duration of the next Billing Period as well. If the Customer doesn't pay his or her balance within 14 days after Service Account suspension, Web Indices reserves the right to terminate the Customer's Service Account
A fee of 20% will be levied for every returned check and credit card charge back.
Card refunds are made only via the card from which the original payment was received
Web Indices reserves the right to change pricing of the Services from time to time. Web Indices also reserves the right to withdraw any feature from a Service Plan, at any time it wishes to do so.
If Customer exceeds the feature, storage or resources limits defined by his or her chosen Service Plan, he or she will be charged for the extra usage according to the Overage rates outlined in that Service Plan. Customer may also purchase additional features, storage and resources by the same overage rates. If Customer uses/purchases more than 200% of the resources allocated in the chosen Hosting Plan, Web Indices reserves the right to terminate the Customer's Service Account with a 5-day prior notification. All overage rates are prorated. The overage fees charged will be for the remaining portion of the Customer's current Billing Period
Refunds/Cancellations for Hosting Services
All Service Accounts must be cancelled by emailing to email@example.com with reference to “Cancellation of Account” and inclusion of User ID.
Refund will be made for unused months only of the current Billing period after deducting a Refund Charge of N1,500.00.
Refunds will not be made if the Customer's balance is not current or if the Customer has violated any terms of the TOS.
Liabilities/Obligation on Service Account Termination
Services are provided on an "as is" basis." Web Indices is not liable to you for any compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the interruption, termination, suspension or cancellation of your Service Account.
Customer is liable to pay all charges accrued during Service Account operation. The customer is in no way relieved from paying these charges on Service Account interruption, suspension, termination or cancellation
Material and Product Requirements
You must ensure that all material and data placed on Web Indices’ servers/systems is in a form requiring no additional manipulation by Web Indices. Web Indices will make no effort to validate any of this information for content, correctness or usability.
Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use of the Services. You must have the necessary knowledge for your intended use of the Services. Web Indices will not provide this knowledge to the Customer
Intellectual Property Rights
You must not use the Services in a manner that would infringe, violate, dilute or misappropriate any copyright laws, or laws protecting trademarks, trade secrets or proprietary information. If you use a domain name in connection with the Services, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Web Site Operation and Security
If you run a Web Site through the Services, you are solely responsible for its operation and maintenance and Web Indices plays no such role in it.
You are also responsible for the security of any client credit card numbers and related client information you may access as a result of conducting electronic commerce transactions through your Web Site. Web Indices will not be responsible for the security of such information
You also expressly (i) grant to Web Indices a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Web Indices under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
IP Address Ownership
Web Indices shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Web Indices. Web Indices reserves the right to change or remove any and all such IP numbers and addresses.
Any attempt to cause harm or undermine Web Indices’ servers, computers, network or customers is prohibited. Use of the Services to carry out any activity that is illegal under Nigerian and International laws is also prohibited.
Prohibited uses of the Services also include, but are not restricted to:
1. Use of IRC, bots or clients
2. Unsolicited Bulk Emailing
3. Newsgroup spamming
4. Hosting, promoting or linking to pornographic content
5. Illegal Content
6. Copyright infringement
7. Trademark infringement
8. Hosting and linking to pirated computer software and music.
9. Hosting/linking to software or information (such as software cracks, software cracking tutorials and software serial numbers) that may help any individual to obtain copyrighted software or music illegally.
10. 10. Hosting or linking to computer software that may be used for spamming (known as spam ware)
11. Providing/Promoting material that is grossly offensive to Internet Users which includes blatant expressions of bigotry, racism or hatred
12. Providing/Promoting material about illegal activities or promoting physical injury or harm against any group or individual
13. Providing/Promoting material about exploitation of children under the age of 18
The following activities are considered as email abuse and are prohibited
1. Unsolicited bulk emailing. This includes, but not limited to commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such emails may only be sent in if the receiver explicitly requested such information directly from you.
2. Stealth Emailing. This includes forging, altering or removing email headers
3. Mail Bombing. This includes sending a large number of emails to disrupt or compromise a servers, systems or network
4. Emailing that may harass or intimidate others. This includes harassment or intimidation through frequency of emails, size of emails and the language of emails. If the recipient asks to stop, you must discontinue sending any further emails
5. Newsgroup Spamming. This includes unwelcome commercial advertising and posting that may be against the rules of a Usenet discussion group or mailing list.
Such activities carried out from servers/systems not managed by Web Indices are ALSO prohibited if they link to websites, content or material hosted on Web Indices’ servers/systems.
Email abuse is also grounds for immediate suspension of your Service Account and an appropriate legal action.
Server abuse includes any process or service usage that affects normal server/system operation, resources or connectivity, and which causes a server/system to become overloaded. Such abuse includes, but is not limited to, excessive CPU, hard disk and memory usage, excessive number of concurrent processes, excessive number of concurrent port or database connections and excessive bandwidth usage. Possible causes for server abuse include, but are not limited to, the excessive use of: CGI, Perl, Sendmail, mySQL, PHP, HTTP, SMTP, POP3 and FTP. Upon detection of server abuse, Web Indices will try to disable the specific script, website or database that is causing the abuse under your Service Account. If this is not possible, Web Indices will suspend your entire Service Account. The specific script, website or database under the Service Account or the Service account itself will only be resumed once the Customer has corrected the problem and convinced Web Indices that the abuse will not occur again. Web Indices will endeavor to provide prior notification before carrying out any such action but Web Indices may do so without any such notification, in its own discretion.
Limitation of Liability
YOU AGREE THAT WEB INDICES WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO WEB INDICES'S REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND WEB INDICES; (e) EVENTS BEYOND WEB INDICES'S REASONABLE CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, WEB INDICES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WEB INDICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WEB INDICES'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO WEB INDICES FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS UNDER THE TERMS OF THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless Web Indices and any applicable domain name Registry, including Web Indices Ltd and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy.
Representations and Warranties
You represent and warrant 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 a third party. You further represent and warrant that all information provided by you in connection with your registration is complete and accurate. Web Indices makes no representations or warranties of any kind that registration or use of a domain name under this Agreement will protect you either from challenges to your domain name registration or from suspension, cancellation or transfer of the domain name registered to you.
Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must be remedied by you within 30 days of notice by Web Indices. If you fail to cure the breach, Web Indices may suspend, cancel, transfer or modify your registration of the domain name. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any NIRA procedure, by any registrar (including Web Indices) or registry administrator procedures approved by an NIRA-adopted policy, or by any other TLD registry administrator procedures as the case may be, (a) to correct mistakes by Web Indices, another registrar or the registry administrator in administering the name or (b) for the resolution of disputes concerning the domain name. You also agree that Web Indices shall have the right in its sole discretion to suspend, cancel, transfer, or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as Web Indices receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.
You agree that any notices required to be given under this Agreement by Web Indices will be deemed to have been given if delivered in accordance with the contact information you have provided.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, it shall not affect the remaining terms or provisions, which shall continue to be binding.
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Federal Republic of Nigeria, except as may be set forth in the Dispute Policy. Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the Web Indices site shall be brought exclusively in a court of the Federal Republic of Nigeria.
This Agreement, the Web Indices fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and Web Indices, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Web Indices to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Web Indices of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Web Indices will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Web Indices as reflected in the original provision. No provision of this Agreement, including the Web Indices fee schedule and the Dispute Policy, may not be amended or modified by you except by means of a written document signed by Web Indices.
WEB INDICES WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. WEB INDICES MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. WEB INDICES DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY WEB INDICES AND ITS EMPLOYEES. WEB INDICES RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.