.MY Registrant Agreement
For the purposes of this Agreement, the following definitions shall apply:-
1.1 “Registrant” means the person or organisation that has applied for the domain name, as stated in the application form or an existing Registrant who maintains the registration of a domain name with MYNIC as a domain name holder;
1.2 “Administrative Contact” means the person stated in the application form or in any notice communicated to MYNIC by the Registrant (in accordance with the procedures prescribed by MYNIC);
1.3 “Billing Contact” means the individual who is authorized by the Registrant to receive the invoice for domain name registration and domain name renewal fees;
1.4 “Technical Contact” means the person responsible for maintaining the DNS nameservers associated with the domain name. This enables that contact to make updates (where necessary) in the event the name of the DNS nameserver changes;
1.5 “Fees” means the fees detailed in the Fees Schedule, including the registration fee and renewal fee and such other fees as may be imposed by MYNIC from time to time;
1.6 “Fees Schedule” means the schedule outlining the Fees and other charges payable by the Registrant, as may be varied by MYNIC from time to time;
1.7 “Registration Date” means the date the domain name is registered by MYNIC;
1.8 “MYNIC” (i.e. Malaysian Network Information Centre) means MYNIC Berhad (735031-H).
- The Registrant Acknowledges and Agrees
2.1 for MYNIC to collect, store, process, use, disclose and publish the Registration Information for any lawful purpose in any form or medium, including but not limited to internet-based services in line with the terms of any notice, order, ruling, decision or judgment of Malaysian Courts, law enforcement agency, regulatory body, or an Administrative Panel setup pursuant to the dispute resolution Policy;
2.2 that the Registrant does not own the registered domain name and instead holds a license to use the domain name for a specified period of time under certain terms and conditions;
2.3 that all registration, renewal or other Fees that is due and payable to MYNIC must be made in a timely manner;
2.4 to provide and to keep MYNIC updated with complete, correct, and accurate information at all times;
2.5 that it is not the duty or responsibility of MYNIC to screen requested domain names to determine whether the domain name may infringe upon the right(s) of a third party;
2.6 to be bound by MYNIC domain name dispute resolution Policy (MYDRP) that can be found in MYNIC official website in resolving any dispute between the parties, over the rights to register or use the domain name; and
2.7 that any dispute between parties over the rights to use a registered domain name is to be resolved by the contending parties without making MYNIC a party to the same, whether via MYNIC applicable policies and procedures, legal proceedings, or otherwise.
- The Registrant represents and warrants that:
3.1 the Registrant is a person or organisation (as applicable) who/which meets the requirements stated in and qualifies to register the domain name as stated in the Supporting Documents;
3.2 the Registrant has ensured the suitability of the persons chosen to act as the Administrative Contact, Billing Contact, and Technical Contact as stated in the application form or in any notice communicated to MYNIC by the Registrant (in accordance with the procedures prescribed by MYNIC) from time to time;
3.3 the domain name applied for does not infringe any registered or unregistered trademark or any other intellectual property rights of a third party;
3.4 all information in the application form submitted to MYNIC is complete, correct, and accurate as at the date of submission and shall continue to remain updated at all times;
3.5 the domain name applied for is not scandalous, indecent, obscene, or offensive, whether directly or indirectly;
3.6 the registration or use of the domain name is not for any illegal or unlawful purposes and does not infringe the rights of any party;
3.7 the applicable governmental consents, licenses, or permissions, in so far as they are applicable to the name/domain name, have been obtained; and
3.8 the domain name and the name encompassed within the domain name applied for are valid and in compliance with all relevant applicable laws.
- Fees and Invoices
4.1 All Fees related to the domain name are as per the Fees Schedule.
4.2 All Fees are non-refundable.
4.3 All invoices will be sent to the Billing Contact, who receives it on behalf of the Registrant, and in such manner (whether by post, fax, or e-mail) as stated in the application form or in any notice communicated by MYNIC (in accordance with the procedures prescribed by MYNIC) from time to time.
4.4 If payment is not made within the time stipulated in the Fees Schedule, MYNIC may,
4.4.1 suspend the domain name of the Registrant, and the Registrant shall pay additional charges for reinstatement of the domain name; or
4.4.2 delete the Registrant's domain name and, at MYNIC sole right and discretion, make available to the public the deleted domain name. In the event the Registrant wishes to register for the deleted domain name, the Registrant shall submit a new application.
4.5 MYNIC shall be entitled to impose reasonable late payment charges on any late payment of the Fees.
- MYNIC Rights
5.1 MYNIC reserves the right to reject any application for a domain name to be registered by providing reasons or justification based on the terms and conditions of this Agreement.
5.2 MYNIC shall not be responsible for any offensive content on the internet associated with the Registrant's domain name in line with Section 211 and 233 of the Communications and Multimedia Act 1998.
5.3 MYNIC shall not be responsible for the use of any domain name which infringes any trademark, registered or unregistered, or any rights to the name forming the domain name in any other context.
5.4 MYNIC may suspend or delete the domain name or terminate this Agreement with prior notice to the Registrant, in the event:
5.4.1 any of the Registrant’s representations and warranties in clause 3 are breached;
5.4.2 the Fees are not paid pursuant to clause 4.4;
5.4.3 any of the information supplied to MYNIC by the Registrant, including the Administrative Contact, Billing Contact or Technical Contact are found to be incomplete, incorrect, or inaccurate;
5.4.4 MYNIC finds that the registration of the domain name has been obtained based on or otherwise involves the provision of false or misleading information;
5.4.5 MYNIC finds that the registration of the domain name has been obtained based on or otherwise involves the provision of false or misleading information;
5.4.6 the Registrant breaches any of the terms and conditions of this Agreement or any of MYNIC rules, policies, and procedures;
5.4.7 MYNIC receives a Court order or notice from any government body, law enforcement/security agency, or regulatory authorities to take action against the Domain Name on the ground that the use of the Domain Name or the contents of the website is:
184.108.40.206 in breach (or potential breach) of any laws, directives, guidelines, codes of practice, regulations, licenses, or permits issued by any government body, law enforcement agency, or authorities; or
220.127.116.11 is used for or in connection with objectionable or undesirable activities or where such use is otherwise against national or public interest.
5.5 In complying with a decision made in accordance with MYNIC Domain Name Dispute Resolution Policy, Arbitration Act 2005 or any other subsidiary legislation, the Rules for Arbitration of the Asian International Arbitration Centre Kuala Lumpur (AIAC), Court Order issued by a Malaysian Court or regulatory authorities and agencies, MYNIC may take appropriate action, including but not limited to deleting or suspending the domain name.
5.6 MYNIC reserves the right to make available to the public the domain name upon its deletion.
5.7 Notwithstanding anything herein, the Registrant agrees that it is a condition of this Agreement that MYNIC shall have the right to suspend or delete the domain name or to terminate the Agreement with prior notice to the Registrant in line with clause 5.4 of this Agreement.
5.8 MYNIC reserves the right to develop and implement rules and regulations to ensure that all the information provided by the Registrant is at all times complete, correct, accurate and that the Registrant agrees to be bound by and comply with the said policies.
- Termination by the Registrant
6.1 The Registrant may terminate this Agreement with MYNIC by submitting the relevant current application form for the transfer or deletion of the domain name (in accordance with the procedures prescribed by MYNIC). MYNIC shall not be obliged and is not required to refund the Registrant any Fees which have been paid prior to the termination, deletion, or suspension of the domain name.
7.1 The Registrant agrees to indemnify MYNIC against any actions, causes of action, suits, claims, and demands of any nature or kind as well as from and against any damages, liabilities, losses, costs, charges, and expenses, including legal fees resulting from, amongst others, the Registrant’s breach of the terms and conditions of this Agreement or MYNIC applicable rules, policies and procedures, as may be amended and supplemented by MYNIC from time to time, or such other acts or omissions of the Registrant, whether deliberate or otherwise, with regard to the domain name. Notwithstanding the foregoing, in the event MYNIC is found to be liable under this Agreement, in no event shall MYNIC aggregate liability under the terms and conditions of this Agreement or otherwise (including negligence) exceeding the cumulative total of the Fees paid by the Registrant.
8.1 Unless stated otherwise in this Agreement, any notice in relation to the Agreement herein shall be deemed to be served if delivered by hand, sent by Registered Post, fax or e-mail, to the party to whom it is given at its last known postal address, fax number or e-mail address.
9.1 MYNIC reserves the right to make amendments to the terms and conditions of this Agreement from time to time. Any amendment shall be published on appropriate channels such as MYNIC website. The Registrant agrees to periodically review MYNIC official publication channels to determine if MYNIC has made any amendments to the terms and conditions and shall be deemed to have agreed to any amendments made thirty (30) days after the date of first publication of such amendments on MYNIC website unless the Registrant has, prior to the expiry of the thirty (30) day period, notified MYNIC of the intention to terminate this Agreement in accordance with clause 6.
- Governing Law and Jurisdiction
10.1 This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and the Registrant and MYNIC hereby submit to the exclusive jurisdiction of the courts of Malaysia.
No failure or delay on the part of MYNIC in exercising nor any omission to exercise any right, power, privilege, or remedy under this Agreement upon any default on the part of the Registrant shall impair any such right, power, privilege or remedy or be construed as a waiver thereof or any acquiescence in such default; nor shall any action by MYNIC in respect of any default, affect or impair any right, power, privilege or remedy of MYNIC in respect of any other or subsequent default.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof and the remaining provision shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance here from.
11.3 Entire Agreement
This Agreement, including MYNIC rules, policies, and procedures, as amended and supplemented by MYNIC from time to time, contains the entire understanding between the Registrant and MYNIC with respect to the subject matter hereof and supersedes all prior agreements or understandings, inducements, or conditions, express or implied, oral or written made between the parties hereto.