Products
and Services Order 9 ("PSO9")
.my Domain Registration Services and Proxy
Services
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This Products and Services Order
("PSO") is issued pursuant to the
Premier Partner Program Agreement (the "Agreement")
between Premier Partner and Web Commerce Communications
Limited ("WEBCC"), and shall apply
to .MY Domain Name registration services and
Proxy services ("Services"). All
capitalized terms in this PSO not otherwise
defined herein shall have the meaning assigned
to them in the Agreement.
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| 1. |
Services Guidelines of Premier Partner
Relating to Services by WEBCC |
| 1.1 |
Premier Partner agreed
and committed to be bound by the .MY Domain
Name Registration Agreement, terms and conditions
for the .MY Domain Name registration as
stated in MYNIC official website, www.mynic.net
.
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| 1.2 |
Premier Partner shall
agreed and committed to be bound by the
Registration Agreement, Policies, terms
and Conditions of WEBCC as stated in WEBCC's
official website for Premier Partner Programme,
www.webnic.cc .
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| 1.3 |
The Services provided
by WEBCC may be used for lawful purposes
only, which include but not limited to infringement
of copyright, license software, trademark,
patent or proprietary rights.
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| 1.4 |
The Services shall not
be used for any purposes related to pirated
software, computer viruses, hacking, warez,
pornography, adult sites, gambling and any
harmful, unethical, abusive, harassing and
illegal materials and activities.
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| 1.5 |
Spamming, relaying and
sending of unsolicited emails is strictly
prohibited under the Services and it may
not be used to collect or harvest screen
names of any parties or any users without
their expressed permission.
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| 1.6 |
WEBCC will be the arbitrator
for the violation of those guidelines stated
in Clause 1.2 to 1.4 and will provide Premier
Partner 24 hours notice to rectify the violation.
If customer takes no action after the 24
hours, WEBCC reserves the rights for immediate
suspension of Services without prior notice
upon an indication of violation of the guidelines.
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| 1.7 |
Premier Partner committed and agreed to
the abovementioned Clause 1.2 to 1.4 and shall
indemnify and hold harmless of WEBCC from
any claims, litigations and damages arising
from any violation of the guidelines stated
in Clause 1.2 to 1.4 and the action taken
by WEBCC as per Clause 1.5.
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| 2. |
Rights and Responsibilities
of WEBCC
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| 2.1 |
WEBCC shall provide
Services to Premier Partner based on pre-agreed
scope and level of services as stated in
Exhibit A.
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| 2.2 |
WEBCC reserves the right
to suspend any domain names or websites
that contains any content that it deems
in its sole discretion to be unacceptable
or undesirable.
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| 2.3 |
WEBCC may modify this
PSO, terms and conditions at any time and
in any manner by providing 14 days notice
to Premier Partner. Any notice is effective
by sending e-mail, facsimile or conventional
mail notice. Premier Partner's continued
use of the Services following notice of
any modification(s) to this terms and conditions
shall be conclusively deemed as acceptance
of all such modification(s);
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| 3. |
Confidentiality and Proprietary Rights
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| 3.1 |
WEBCC and Premier Partner
acknowledge that in the performance and
subscription of the Services, both parties
may receive or become aware of valuable
trade secrets and other confidential and
proprietary information concerning the other
party's business affairs, finances, properties,
methods of operation and other data owned
by the other party. Unauthorized disclosure
of any such confidential information could
irreparably damage the owner or supplier
of such confidential information;
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| 3.2 |
WEBCC and Premier Partner both agree that,
except as directed by the other party or as
provided in this paragraph, neither party
will at any time during or after the term
of the Services and for a period of two (2)
years after any such termination disclose
any confidential information to any person
or entity, or permit any person or entity
to examine and/or make copies of any reports
or any documents prepared by the other party
or that come into the party's possession or
under the party's control that relates to
confidential information; and that upon termination
of the Services, both parties will turn over
to the other party all documents, papers,
and other matter in such party's possession
or under such party's control that contain
or relates to such confidential information.
Both parties shall notify the other party,
prior to disclosure of the information to
other third party, that it considers the information
to be confidential. Confidential Information
shall not include information that: (1) is
already lawfully known to or independently
developed by the receiving party; (2) is in
the public domain through no fault of the
receiving party; (3) is lawfully obtained
from a third party without restrictions; or
(4) is required to be disclosed by law, regulation
or governmental order. |
| 3.3 |
Both parties acknowledge that disclosure
of any confidential information by the other
party may give rise to irreparable injury
or damage to the owner of such information.
Accordingly, either party may seek and obtain
injunctive relief against the breach or threatened
breach of the foregoing undertakings, in addition
to any other legal remedies which may be available.
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| 4. |
Fees and Payments |
| 4.1 |
Premier Partner shall
pay to WEBCC the amount due agreed by both
parties as stated in the contract amount
due per monthly basis in the Exhibit B.
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| 4.2 |
WEBCC is entitled to
amend the service fees and other charges
upon giving 30 days notice before the new
fees and charges take effect.
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| 4.3 |
All payments by Premier Partner pursuant
to this POS must be made free and clear of,
and without reduction for, any withholding,
value added or other taxes. Any such taxes
that are otherwise imposed on payments by
Premier Partner to WEBCC will be the sole
responsibility of Premier Partner and Premier
Partner agrees to indemnify and hold WEBCC
harmless from the payment of such taxes. |
| 5. |
Technical Services Performed by WEBCC |
| 5.1 |
WEBCC will provide a
reasonable amount of telephone, e-mail or
fax-back technical support, from 8:30 a.m.
to 5:30 p.m. Malaysian Time on Malaysian
business days (excluding Saturday, Sunday
and Malaysian public holidays), to Premier
Partner's technical staff only regarding
the registration, Transfer or Renewal of
Domain Name in the Domain Name Database
and the access and interface between Premier
Partner and the Domain Name Database. All
support will be provided in the English
language.
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EXHIBIT A
Domain Name Service Description
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WEBCC shall provide the following
services for Premier Partner in the Agreement:
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· To act as the
proxy for Premier Partner by providing
Premier Partner a Malaysian incorporated
company for the registration of .MY
domain name. |
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· WEBCC will
assist in performing the domain name
registration and renewal services
for Premier Partner. |
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· WEBCC will
assist in any Registry support for
the .MY domain name. |
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· WEBCC will
provide only technical support for
the registration of .MY domain name.
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EXHIBIT B
Services Charges and Payment
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WEBCC shall charge Premier Partner
for the following fees and charges for the
.MY Domain Name registration services
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USD
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| 1 year .MY Domain
Name registration or transfer
fees and Proxy fees |
55.00
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| Subsequent .MY
Domain Name renewal fees |
26.00
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| WEBCC shall deduct
the above fees from the WebNIC Premier Partner
Program Deposit Fund upon any request for
the Services.
Note:
All pricing stated above for Domain Name
registration, Transfer and Renewal are stated
in United States Dollars (USD).
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