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Last updated on 17th June, 2016.

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. [an error occurred while processing this directive]

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 name registration.

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 registration.

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 next year.

Expired domains policy

We at Wyith will never selling ownerships of expired domains or passing control of an expired domain name to new customers. If you request that you no longer wish to have your domain name renewed by us or fail to pay the renewal fee, it will be left to expire and all services we provide regarding that domain name will be suspended. Your domain name will then go into a 30 day protected period, after 30 days your domain will be suspended by the registry and will go into a grace period. Please contact us for more information on the grace period, as these differ from registry to registry. If you do change your mind and still wish to retain your domain name, you still can but may be charged an extra redemption fee as set out by the domain registry. Any additional charges for renewing an expired domain name will be passed on to the registrant, all outstanding fees will need to be settled in full before the renewal of your domain name. After this specified grace period your domain will be cancelled and deleted from the register and made available for resale through a third party registrar. We will not guarantee the renewal of a domain name after this happens.

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 name holder); (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 from Wyith.

(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 registration.

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.

14. Notices

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.

15. General

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.

Pricing information

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.

Consumer complaints

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.

Consumer escalation procedures

Our aim is to solve any problem to your complete satisfaction, and our customer service staff will try to do this as quickly as possible, preferably during via email exchange. If we fail to do this, we will agree with you what we can do. Generally speaking, we aim to respond to written complaints (letters) within ten working days, an email within five working days and if we still could not sort out your complaint we will respond and try to keep you regularly updated if it is going to take a little more time to check into things. If worst comes to worst, we will review it and escalate the complaint to an appropriate level within the company. We settle most complaints, if not all, by this stage but, if not, we will explain our final position and see what help we could offer you as a solution.

Related information

Dispute Policy | WDRP

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