Last updated on 21st April, 2003.
Introduction and service agreement
This service agreement sets forth the terms and conditions of your use
of Wyith Limited d/b/a DomainAvenue.com, hereinafter known as Wyith,
to register an Internet domain name as well as your registration of that
domain name and the respective web hosting and email services. 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 dispute
policy and any rules or policies that are or may be published
by Wyith from time to time. This Agreement will become effective
when accepted by Wyith. Wyith may elect to accept or reject your
domain name registration application for any reason at its sole
discretion, such rejection including, but not limited to,
rejection due to a request for registration of a prohibited domain name.
Wyith Limited is
the official Registrar of .IT domain names with the Registration Authority Italiana (Italy),
Registrar of Denmark .DK domain names with DK-Hostmaster (Denmark),
Registrar for French .FR domain names with AFNIC (France),
Registrar for .UK Internet domain names, Nominet UK Ltd (United Kingdom),
Registrar of Austria .AT domain names with NIC-AT (Austria),
Registrar of Filipino .PH domain names with Domains PH (Philippines),
Official Partner of the Russian Regional Network Information Center for .RU and .SU (Soviet Union) names,
Registered Reseller of Australian Domain Administration (auDA, Australia) of Australian .AU domain names,
and Official Reseller of the Vietnam Registrar HI-TEK (Vietnam).
Wyith Limited is also a Registrar member of the Hong Kong Internet Registration Corporation Limited (HKIRC),
a non-profit-making and non-statutory corporation responsible for the
administration of Internet domain names under the .HK ccTLD.
Wyith Limited d/b/a DomainAvenue.com is
the Key Strategic Channel Partner of the Melbourne IT Limited d/b/a Internet Names Worldwide,
a Gold Level VIP Partner of Network Solutions, Inc. (USA),
an Authorised Reseller of TPP Internet in Australia,
a Premier Partner of Web Commerce Communications in Malaysia,
an Authorised Agent of ChinaDNS d/b/a PayCenter.com.cn (China) (ChinaDNS is also a CNNIC-accredited registrar),
a Reseller of Register.com, Inc. (USA), and
a Partner of IP Mirror (accredited registrar of SGNIG in Singapore).
1. General registrations, registrar transfers and renewals
Wyith provides domain name registration services in a number of top-level domain name spaces. As
both an accredited registrar of a selected number of Country-code Top-Level Domain Name
Registries and also reseller of other domain name registrars, Wyith is, upon accepting your domain
name application, your sponsor for that application. If Wyith is unable to act as your sponsor
or if Wyith is not an accredited registrar for that particular type of domain name you applied
for, then either one of Wyith's accredited registrar partners listed above will become the
sponsor for your application. All domain names we register (or through we register) for
are not effective until we have delivered the domain name registration information you
provide us to the respective registry administrator or a relevant accredited domain name
registrar or , as applicable, and the administrator or the registrar puts into effect your domain
Wyith also registers and renews various country code top level domains (ccTLDs),
including, but not limited to, .co.uk, .it, .dk, .de, .fr, .com.cn and .com.hk. The registry
administrator varies by individual country code. By agreeing to the terms and conditions
set forth in this Agreement, you are also agreeing to be bound by the rules and regulations
set forth by these registry administrators for their respective registries only.
If you are registering ccTLDs, you
must make sure that you have read the terms and conditions for the corresponding
ccTLD registry. Please click on the country name below to read the relevant terms and
conditions or the service agreement.
Last update: 25th October, 2005.
You acknowledge and agree that Wyith cannot guarantee that you will obtain
a desired domain name registration, even if an inquiry indicates that domain name is
available, since Wyith cannot know with certainty whether or not an application
for a domain name which you are seeking is simultaneously being sought by a third party,
or whether there are any inaccuracies or errors in the domain name registration process
or related databases, including the WHOIS databases.
You further agree and acknowledge that Wyith is not liable or responsible in
any way for any errors, omissions or any other actions by the registry administrator arising
out of or related to your application and receipt of, or failure to receive, a domain name
registration. You further agree to indemnify, defend and hold harmless both Wyith and
the respective registry administrators and their 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 related to, your domain name
2. Fees, charges and refunds
As consideration for the domain name registration or registrar transfer services provided
by Wyith to you, you agree to pay for registration, prior to the effectiveness of the
desired domain name registration, the then-current amounts set forth in the Wyith price
schedule for the initial registration or registrar transfer of the domain name and, should
you choose to renew the registration, the then-current amounts set forth in the Wyith
price schedule for any subsequent renewals of the registration. To view the current rates
for using Wyith's domain name services, please see the price
schedule on this Web site.
Full refunds are only available when
domain registration or registrar transfer applications are not successful.
Once your domain registration or registar transfer request becomes successful, all fees
paid will be non-refundable, in whole or in part. Fees for pure hosting, additional
mailboxes or webspaces are all non-refundable.
Your requested domain name will not be registered or transferred unless we receive
actual payment of the registration, registrar transfer or renewal fee, or reasonable
assurance of payment of the registration, registrar transfer or renewal fee from some
other entity (such reasonable assurance as determined by Wyith in its sole discretion).
Wyith reserves the right to change fees, surcharges, renewal fees or to institute new
fees at any time, for any reason, at its sole discretion.
Credit card chargebacks
In the event of a charge back by a credit card company (or similar action by another
payment provider allowed by us, e.g. PayPal) in connection with the payments of the
registration, registrar transfer or renewal fee for your domain name, you agree and acknowledge
that the ownership of domain name registration shall be transferred to Wyith as the paying
entity for that registration to the registry or the accredited registrar and that we reserve all rights
regarding such domain name including, without limitation, the right to make the domain name
available to other parties for purchase. We will reinstate your domain name registration
solely at our discretion, and subject to our receipt of the initial registration, registrar transfer
or renewal fee.
Annual renewals for domain registrations
You will be notified no less than thirty (30) days prior to when a renewal fee is due.
Should a renewal fee go unpaid within the time specified, your registration will be subject to
cancellation. Payment must be made by credit card or such other method as we may indicate
in the registration application or renewal form. If your billing address information is not
accurate and you wish to renew your domain name registration, we will contact you to
update this information and charge you accordingly.
Unlike most of the other domain registration
companies, Wyith will never renew your name automatically unless we receive your
online approval. This means, your credit card will never be automatically charged the
3. Transfer of registrant
Wyith will consider the entity named as the Registrant for the domain name at the time the
controlling user name and password are secured as the registrant of that domain name.
You agree that prior to the effectiveness of any transfer of registrant of your domain name
to another entity, you will pay Wyith the then-current amount set forth by Wyith for the
transfer of registrant of a domain name. You further agree that as a condition
of any such transfer of registrant of your domain name, the entity to which you seek to
transfer your domain name (the "Transferee") shall agree in writing to be bound by
all terms and conditions of this Agreement. Your domain name will not be transferred until
we receive such written assurances, and actual payment of the transfer fee, or reasonable
assurance of payment of the transfer fee from a third party (such reasonable assurance as
determined by Wyith in its sole discretion). You acknowledge and agree that if you attempt
to transfer your domain name registration without paying Wyith the then-current amount
set by Wyith for the transfer of registrant of a domain name, or if the entity to which you
seek to transfer your domain name fails to agree in writing to be bound by all terms and
conditions of this Agreement, any such transfer will be null and void, and will result in your
domain name registration being revoked without a refund of any charges you have incurred
in attempting to register or transfer that domain name.
4. Dispute policy
In the event of any dispute with respect to your registered domain name, you agree to be bound
by our domain name dispute policy ("Dispute Policy"),
as amended from time to time, which is hereby incorporated and made a part of this Agreement
by reference for all purposes. Certain disputes, as specified in the Dispute Policy, are subject
to that Policy. You agree that you will be subject to the provisions specified in the Dispute Policy
in effect at the time your domain name registration is disputed by a third party, in the event such
dispute arises. You also agree that, in the event a domain name dispute arises with any third
party, you will indemnify and hold Wyith harmless pursuant to the terms and conditions
contained in the Dispute Policy.
5. Changes to registration agreement and dispute policy
You acknowledge that the domain name system and the practice of registering and administering
domain names are evolving, and therefore you agree that Wyith may modify this Agreement
and the Dispute Policy if necessary to comply with its various agreements with different registries,
and any other similar agreements that Wyith is currently bound by or will be bound by in the future,
as well as to adjust to changing business circumstances. Your continued use of the domain name
registered to you shall constitute your acceptance of this Agreement and the Dispute Policy with
the new modifications. If you do not agree to any of such changes, you may request that your
domain name registration be cancelled or transferred to a different domain name registrar. You agree
that such cancellation or request for transfer will be your exclusive remedy and our sole liability
if you do not wish to abide by any changes to this Agreement or the Dispute Policy.
6. Domain name registration information and its use
(a) Information you are required to submit. You hereby agree and acknowledge that, as part
of the registration process, you are required to provide certain information and to
update promptly this information as needed to keep it current, complete and accurate.
The information you are obligated to provide and keep current in connection with
the domain name you are registering is the following:
(i) your full name (or the name of the authorized person for contact purposes, if
registration is for an organization, corporation or association),
postal address email address, voice telephone number, and
fax number, if available (or if different, that of the domain
(ii) the domain name being registered; and
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.
All other information which we may request from you at registration is voluntary.
However, not providing this information may prevent you from obtaining
all products and services made available to domain name registrants by us, other
than registration of the domain name.
You also agree that we will list you as the Legal Registrant of the domain name
in the Whois database and that Wyith will be listed as the
Administrative Contact, Technical Contact and Billing Conact (if any).
You also acknowledge that you know Wyith will be obliged to hand over and list you as all
these contacts only when you want to transfer your domain registration to a different domain
registration company, registrar or provider or if you explicitly as for termination of services
(b) Additional information maintained about your registration.
In addition to the information you provide, we maintain records relating to your
domain name registration. These records may include:
(i) the original creation date of the registration;
(ii) the submission date and time of the registration application to us and by us to the proper registry or accredited registrar;
(iii) communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
(iv) records of account for your domain name registration, including dates and amounts of all payments and refunds;
(v) the IP addresses of the primary nameserver and any secondary nameservers for the domain name;
(vi) the corresponding names of those nameservers;
(vii) the name, postal address, email address, voice telephone number, and where available, fax number of the zone contact for the domain name;
(viii) the expiration date of the registration; and
(ix) information regarding all other activity between you and us regarding your domain name registration and related services.
(c) Obligations relating to provided data.
In the event that, in registering the domain name, you are providing information about a
third party, or license your domain name registration to a third party, you hereby represent
and warrant that you have (a) provided notice to that third party of the disclosure and use of
that party's information as set forth in this Agreement, and (b) that you have obtained that third
party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
You acknowledge that willfully providing inaccurate or unreliable information or willfully
failing to update information promptly will constitute a material breach of this Agreement and
will be sufficient basis for cancellation of your domain name registration. You further agree that
your failure to respond for over fifteen (15) calendar days to inquiries by Wyith 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.
(d) Disclosure and use of registration information.
You agree and acknowledge that Wyith will make available domain name registration
information you provide or that we otherwise maintain to ICANN, to the registry administrator(s),
and to other third parties as ICANN and applicable laws may require or permit. You further
agree and acknowledge that Wyith may make publicly available, or directly available to third party
vendors, some, or all, of the domain name registration information you provide, for purposes of
inspection (such as through our Whois service) or for targeted
marketing and other purposes as required or permitted by ICANN, the respective registries and applicable laws.
Additionally, you acknowledge that ICANN or other relevant registries may establish guidelines,
limits and/or requirements that relate to the amount and type of information that Wyith may or must
make available to the public or to private entities, and the manner in which such information is made available.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and
restrictions on disclosure or use of, information provided by you in connection with the
registration of a domain name (including any updates to such information), whether during or
after the term of your registration of the domain name. You hereby irrevocably waive any and
all claims and causes of action you may have arising from such disclosure or use of your domain
name registration information by Wyith.
You may access your domain name registration information in Wyith's possession to review,
modify or update such information, by accessing our domain
manager service, or similar service, made available at our website.
We will not process data about any identified or identifiable natural person that we obtain
from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.
Wyith will take reasonable precautions to protect the information it obtains from you from
our loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of that
information. Wyith will have no liability to you or any third party to the extent such reasonable
precautions are taken.
7. Registrant of data
You agree and acknowledge that Wyith owns all database, compilation, collective and similar rights,
title and interests worldwide in our domain name database, and all information and derivative works
generated from the domain name database. Additionally, you hereby grant to Wyith a non-exclusive,
worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however
it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works
from or otherwise use without restriction (other than as set forth in Section 6(d) of this Agreement)
the following information: (a) the original creation date of the registration, (b) the expiration date
of the registration, (c) the name, postal address, email address, voice telephone number, and
where available fax number of the registrant for the domain name registration, (d) any remarks
concerning the registered domain name that appear or should appear in the Whois or similar database,
and (e) any other information we generate or obtain in connection with the provision of domain name
registration services. Wyith does not have any registrant interest in your specific personal registration
information other than our rights in our domain name database, as set forth in this Section 7.
8. Licenses and agents
You agree that, if you are registering a domain name for someone else, you represent that you have the
authority to nonetheless bind that person as a principal to all terms and conditions provided herein,
including the Dispute Policy. You agree that if you license the use of the domain name registered
to you to a third party, you nonetheless remain the domain name holder of record, and remain
responsible for all obligations under this Agreement, including but not limited to payment obligations,
and providing (and updating, as necessary) both your own full contact information, and accurate
technical, administrative, billing and zone contact information adequate to facilitate timely resolution
of any problems that arise in connection with the domain name and domain name registration. As
further required by ICANN and also with a number of country level registries, you shall accept liability
for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of
the licensee to a party providing you with reasonable evidence of actionable harm.
9. Limitation of liability
You agree that Wyith will not be liable, under any circumstances, for any (a) suspension or loss
of your domain name registration, (b) use of your domain name registration, (c) interruption of business,
(d) access delays or access interruptions to this site or the web site(s) accessed by the domain name
registered by you, (e) data non-delivery, mis-delivery, corruption, destruction or other modification, (f) events
beyond Wyith's reasonable control, (g) the processing of this application, or (h) application of the
dispute policy or any ICANN (or similar governmental or successor organization) adopted policies. Wyith
also 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 Wyith has been advised of the possibility of such damages. in no event shall Wyith's
maximum aggregate liability exceed the total amount paid by you for registration of the domain
name, but in no event greater than five hundred US dollars (500.00 USD). Because some US states do
not allow the exclusion or limitation of liability for consequential or incidental damages, in such states,
our liability is limited to the maximum extent permitted by law.
10. Indemnification of Wyith
You agree to defend, indemnify and hold harmless Wyith for any loss, damages
or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand
related to the registration or use of the domain name registered in your name. This indemnification
is in addition to any indemnification required under the Dispute Policy.
11. Representations and warranties
You represent 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 domain
name registration is accurate and current. All domain name registration services are provided to you "as is."
Except for our statement regarding our recognition as accredited registrars for a selected number of registries and
as partner of a number of ICANN-accredited registrars in the introductory paragraph of this agreement,
we make no representations or warranties of any kind whatsoever, express or implied, in connection with
this agreement or its domain name registration services, including but not limited to warranties of merchantability
or fitness for a particular purpose, unless such representations and warranties are not legally excludable.
Without any limitation to the foregoing, Wyith makes no representations or warranties of any kind whatsoever
that registration or use of a domain name under this Agreement will immunize you either from challenges to
your domain name registration, or from suspension, cancellation or transfer of the domain name registered to you.
12. Breach and revocation
Wyith reserves the right to suspend, cancel, transfer or modify your domain name registration in the
event (a) you materially breach this Agreement (including the Dispute Policy) and do not cure such
breach within thirty (30) days of notice by Wyith, (b) you use the domain name registered to you to
send unsolicited commercial advertisements, host adult, child-abuse or gambling contents in contradiction
to either applicable laws or customary acceptable usage policies of the Internet, (c) you use your
domain name in connection with unlawful activity, or (d) grounds arise for such suspension,
cancellation, transfer or other modification as provided for in this Agreement.
You further acknowledge and agree that your registration of a domain name is subject to suspension,
cancellation or transfer by any ICANN adopted policy, or pursuant to any registrar or registry administrator
procedures not inconsistent with an ICANN-adopted policy, or by any other ccTLD registry administrator
procedures as the case may be, to correct mistakes by Wyith, another registrar or the registry administrator
in registering the name or for the resolution of disputes concerning the domain name.
You also agree that Wyith 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 Wyith 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
13. Governing law
Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights
and obligations and all actions contemplated by this Agreement shall be governed by the laws of
the Hong Kong Special Administrative Region, People's Republic of China.
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 Wyith Limited d/b/a DomainAvenue.com or Wyith.net site shall be brought exclusively
in the Hong Kong Special Admnistrative Region, People's Republic of China. Notwithstanding the
foregoing, for the adjudication of disputes concerning or arising from use of domain names
registered hereunder, you shall submit, without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts (a) of the domain name holder's domicile, and (b) where Wyith's
administrative headquarters are located, currently Hong Kong Special Administrative Region, People's Republic of China.
You agree that, unless other instructions are posted on this Web site, any notices required to be given under this
Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return
receipt requested, or by Federal Express or other recognized overnight delivery service to each of the parties
in accordance with the most current contact information you have provided to us, and the contact information
for Wyith posted on the Wyith Limited d/b/a DomainAvenue.com Web site at www.domainavenue.com or www.wyith.net.
All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
This Agreement and the Dispute Policy, together with all modifications, constitute the complete and exclusive
agreement between you and Wyith concerning your use of Wyith's domain name registration services to register
an Internet domain name, as well as your registration of that domain name, and supersede and govern all prior
proposals, agreements, or other communications.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other
form of joint enterprise between the parties. The failure of Wyith 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
Wyith 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. Wyith 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 Wyith as reflected in the original
provision. This Agreement may not be amended or modified by you except by means of a written document
signed by both you and an authorized representative of Wyith.
Current rates for using Wyith's domain name registration and other related services may be obtained by
going to the pricing schedule on this Web site. Wyith reserves the right to change
fees, surcharges, renewal fees or to institute new fees at any time.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may
be contacted in writing at 1020 N. Street, No.501, Sacramento, CA 95814, or by telephone at +1.916.4451254.
The Hong Kong Consumer Council
can be contacted in writing at Hong Kong General Post Office Box No. 191, or by telephone at +852.2929.2222.