TERMS AND CONDITIONS FOR DomainWhoisAgent Service ENGAGEMENT

1 The following terms and conditions shall apply to all DomainWhoisAgent Service engagement. For subscribers to the private registration service you agree that DomainWhoisAgent (�DWA�) be the listed Registrant and domain owner as per the information contained within the official whois record. Additional restrictions and stipulations pertaining to the DomainWhoisAgent Service are as follows:

2 Full Ownership rights retained: Although DWA is listed as the registrant, you will retain full domain ownership rights, such as:

a. The ability to sell or transfer each domain
b. The ability to manage domain name servers to the settings of your choice
c. The ability to create/manage/nameservers for your domain
d. The ability to renew your domain upon expiration
 

3 The following publicly available information for domain names under DomainWhoisAgent Service engagement under the compliance of ICANN policy, DWA contact will be listed for the following contact information:

a. Registrant - name, email, address, phone
b. Technical - name, email, address, phone
c. Billing - name, email, address, phone
d. Administrative - name, email, address, phone

In addition, for each domain that utilizes the DomainWhoisAgent Service, all Registrant shall agree to provide the following VERIFIABLE  and maintain as current and accurate, the following information for record purpose:

a. Registrant - name, email, address, phone
b. Technical - name, email, address, phone
c. Billing - name, email, address, phone
d. Administrative - name, email, address, phone

You agree to: (i) update this information immediately as it changes over time; (ii) respond within five (5) business days to any inquiries made by either DomainWhoisAgent to determine the validity of personal information provided by You; (iii) promptly respond to messages regarding correspondence addressed to or involving Your domain.

4 Fee: DomainWhoisAgent Service shall be chargeable for USD2.00 per annum for each DomainWhoisAgent Service engagement submitted by Client or Registrant. The Fee shall not be refundable in the event of any form of early termination of the DomainWhoisAgent Service.

5 Reservation of rights: DWA expressly reserves the right to deny acceptance of any Service subscription and cancel of Service. We also reserve the right to disclose the Domain Name Registrant information when required by law (court orders or official government inquiries). In the event of being named as defendant in any civil, criminal or legal related proceedings, the Service for the affected Domain Name might be terminated and the ownership information will transfer back to the Registrant. In addition, all verified spam complaints will also result in the Service being terminated, the client will be instructed and responsible for updating the WHOIS reflecting his/her information. Neglecting on that instruction and responsibility will consequently result in the Domain Name ownership information to be publicized by DWA.

6 Notice of termination: In the event of termination or cancellation of Service for any Domain Name, Registrant or Client agree to explicitly cancel/suspend via the controlpanel. Upon suspension, termination or cancellation, the Service will cease for the specific Domain Name, updating the publicly available whois information will be the responsibility of the Registrant. After expiration of the "DWA" Service for the relevant domain/s Registrant has 2 weeks time to update the WHOIS of the relevant domain/s. Neglecting that responsibility on the part of the client or registrant, we DWA reserve the right to publicize/release Registrant domain name ownership. Additional notice or proof of cancellation is not required beyond what is available via our online interface.

7 Indemnification: Registrant and Client agree to indemnify, defend and hold harmless of Registrar & DWA, its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Service and Domain Name registration. This indemnification obligation will survive the termination or expiration of this Agreement.

8 Governing Law: The Agreement, rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Malaysia.

9 Limitation of liability: "DWA" 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 SERVICE, OR IN ANY OTHER WAY RELATED TO THE SERVICE AND DOMAIN NAME, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, REGISTRAR RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN NAME ARISING FROM "HACKING" OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN NAME. FINALLY, "DWA" IS NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT REGISTRANT OR CLIENT MAY SUFFER BECAUSE OF 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, RE-DELEGATION OF THE TLD, OR BREACH OF SECURITY, EVEN IF "DWA" HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF REGISTRAR MAY FORESEE SUCH POSSIBLE DAMAGES. REGISTRANT'S SOLE REMEDY FOR REGISTRAR'S BREACH OF THIS AGREEMENT SHALL BE A REFUND OF THE FEE PAID TO "DWA", WHICH REMEDY "DWA" ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. "DWA'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 "DWA" BY THE REGISTRANT OR CLIENT.