1. Ph Domain Names will be given on a first-paid, first-served basis.
2. One and 2 character domain names are disallowed.
As few as three and as many as 63 characters (not including .PH) are permitted. Some mail programs do not accept more than 26 characters in a combined TLD and second level domain name, so we therefore do not recommend more than 23 characters for the second level domain (plus .PH = 26). Names may not begin or end with a dash, and upper case and lower case are treated as lower case only. Besides the - character, only alphanumeric characters a-z, 0-9 are accepted. Spaces and any other characters in a name will not be accepted. Names with only numeric characters and names with spaces will not be accepted.
3. Lifetime domains - i.e., those registered prior to October 1, 1999 - shall still be subject to the six-month activation rule. That is, we should be able to send mail to [email protected] and receive a reply from an address other than the MAILER-DAEMON. Otherwise, domain shall be forfeited due to non-activation/non-use. If a lifetime domain, however, files for modification and therefore transforms into an annual (regular) domain, the postmaster rule shall no longer be in effect.
Term of Domain Name Service and Renewal Policy
All Domain Names are serviced for limited periods. Specifically, Nameholders may choose to register a domain for the following time periods:
(i) two (2) years or;
(ii) five (5) years or;
(iii) ten (10) years.
In the absence of any successful legal challenge, the Nameholder has the right of first refusal to renew the service of Nameholder's Domain Name. This right expires on the last day of the initial term or then existing term of service for which dotPH has received payment.
Nameholder agrees that the Service Agreement shall be governed in all respects by and construed in accordance with the laws of the Philippines. By submitting a domain name for registration, Nameholder consents to the exclusive jurisdiction and venue of the appropriate court in Pasig City, Philippines.
Domain Name Registration/ Applicant Information Policy
Persons wishing to apply for the Domain Name Service of dotPH Inc. ("dotPH") must: (i) qualify for registration; (ii) submit certain information to dotPH; and (iii) meet certain conditions as detailed below.
Qualifications for Registration
A Domain Name Applicant ("Applicant") must be either be (a) an identifiable human individual (over the age of 18 years); or (b) a legally recognized statutory entity (such as a corporation, limited liability company, partnership, or PLC).
Applications for Domain Name Service must be accompanied by the following information ("Applicant Information")
1. Legally recognized first and last name (surname) of the contact person for the Applicant (this contact person maybe the Applicant itself). If the Applicant is an organization, association, corporation, or other legally recognized entity, the contact person must be a person authorized to legally bind the entity.
2. Valid postal address of the Applicant.
3. Functioning e-mail address of the Applicant.
4. Working telephone number for the Applicant, including country code, area code, and proper extension, if applicable.
Providing true, current, complete, and accurate contact information is an absolute condition of registration for Domain Name Service with dotPH. If the Applicant Information provided to dotPH, or subsequent modification to that information, contains false, inaccurate or misleading information, or conceals or omits pertinent information, dotPH may terminate, suspend or place on hold the Domain Name registration of any Applicant without notification and without refund to the Applicant.
The Applicant is responsible for keeping the Applicant Information up to date and responding in a timely fashion to communications from dotPH.
Conditions for Registration
Before a prospective Applicant can secure the registration of a particular Domain Name, five (5) conditions must be met:
1. Applicant must provide current, complete and accurate Applicant Information to dotPH.
2. Applicant must acknowledge to have read and understood, and accept and agree to be bound by the dotPH Domain Name Services Agreement.
3. Applicant must acknowledge to have read and understood, and accept and agree to be bound by dotPH Policies, including the Dispute Policy.
4. Applicant must submit and dotPH must receive the appropriate payment for the Domain Name Service.
5. dotPH must accept Applicant's offer to register a Domain Name.
The Applicant is bound to adhere to dotPH Policies and the dotPH Domain Name Services
Agreement upon dotPH's dispatch of a confirmation to Applicant that the Domain Name registration has been accepted and completed.
Domain Name Services Agreement
A. Introduction and dotPH Policies.
This domain service agreement ("ServiceAgreement" or "Agreement") is submitted to dotPH, INC. ("dotPH") for the purpose of applying for and registering a sub-domain of the PH country-code top level domain ("Domain") on the Internet. If this ServiceAgreement is accepted by dotPH, the Service Fee is paid to dotPH, its re-seller or other authorized party, and a Domain is registered in dotPH's domain name database and assigned to the Nameholder, Nameholder ("Nameholder") agrees to be bound by the terms of this ServiceAgreement and the terms of dotPH's Policies ("dotPH Policies") which exist now or in the future may be published by dotPH at dotPH's web site at http://www.domains.ph ("dotPH's Site"). dotPH may modify this Agreement and dotPH Policies from time to time, and will post at the top of the particular document the last date upon which it was modified and the date of effectivity. dotPH is responsible for publishing dotPH Policies applicable to its Nameholders on dotPH's Site. Nameholder is solely responsible for reviewing the dotPH Policies on a regular basis, as the updated dotPH Policies are effective thirty (30) calendar days after the initial date of posting of such revisions or modification on dotPH's Site. dotPH Policies, which Nameholder acknowledges and understands may be changed or modified by dotPH from time to time, are incorporated into this Agreement by this reference. By Nameholder's use of its Domain following the effective date of any revision of dotPH Policies, Nameholder agrees to be bound by such revisions to dotPH Policies. In the event Nameholder does not wish to be bound by the updated dotPH Policies, Nameholder's sole remedy is to cancel its registration to the Domain by following the appropriate dotPH Policies regarding such cancellation.
B. Term, Fees and Payments.
This Service Agreement shall continue for a term specified by Nameholder pursuant to the current dotPH Policies. Nameholder will have the right to renew this Agreement in accordance with the dotPH Policies in effect at the end of this Agreement's then current term. Nameholder's payment of the Service Fee for the renewal term shall constitute Nameholder's acceptance of this Agreement and the dotPH Policies existing at the time of the payment including amendments thereto introduced thereafter.
Nameholder shall pay to dotPH the appropriate Service Fee applicable at the time the Nameholder submits its Registration Application. Payment of Service Fees should be made in accordance with the dotPH Policies effective at the time the Nameholder submits such payment. All fees paid pursuant to this Agreement are non-refundable except as provided for herein.
C. Registration Information
Nameholder shall ensure that: (i) the information submitted by Nameholder to dotPH ("Nameholder Information") is true, current, complete, accurate, and reliable; and (ii) Nameholder shall maintain, update, and keep Nameholder Information true, current, complete, accurate, and reliable by notifying dotPH immediately of a change to any such information in accordance with the appropriate dotPH Policy relating to Nameholder Information modifications. dotPH reserves and may exercise the right to terminate Nameholder's Domain registration if (i) information provided by Nameholder to dotPH is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) Nameholder fails, in a timely manner, to maintain, update, and keep Nameholder Information true, current, complete, accurate, and reliable. Nameholder acknowledges that a breach of this Section will constitute a material breach of this Agreement which will entitle dotPH to terminate this Agreement immediately upon such breach without any refund of the Service Fee and without notice to Nameholder.
Nameholder agrees that, if the registration of its Domain is challenged by any third party, the Nameholder will be subject to the provisions specified in the dotPH Policies.
Nameholder agrees that if this ServiceAgreement is completed by an agent for the Nameholder, such as an ISP or dotPH's Reseller, the Nameholder is nonetheless bound as a principal by all terms and conditions herein, including the dotPH Policies. Further, Nameholder is responsible for all information submitted by its agent. dotPH will not cancel this Agreement, or refund any fees paid to it, because of errors or omissions of the agent in the registration process (e.g., if such agent provides incorrect information) or because of errors or omissions in changes to Nameholder's Domain registration, without Nameholder's actual consent, as such apparent authority will suffice to bind Nameholder. By acting on Nameholder's behalf, such agent represents and warrants to Nameholder and dotPH that the agent is authorized to bind Nameholder hereto and that it has fully and thoroughly advised Nameholder of the terms and conditions of this Agreement.
F.Limitation of Liability.
dotPH 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 DOMAIN, OR IN ANY OTHER WAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, dotPH AND dotPH RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT NAMEHOLDER MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING" OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN. FINALLY, dotPH IS NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT NAMEHOLDER MAY SUFFER BECAUSE OF THE RE-DELEGATION OF THE PH COUNTRY CODE TOP LEVEL DOMAIN, 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, OR BREACH OF SECURITY, EVEN IF dotPH HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF dotPH MAY FORESEE SUCH POSSIBLE DAMAGES. NAMEHOLDER'S SOLE REMEDY FOR dotPH'S BREACH OF THIS AGREEMENT SHALL BE A REFUND OF THE SERVICE FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY NAMEHOLDER ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. NAMEHOLDER'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 dotPH BY THE NAMEHOLDER BUT IN NO CASE SHALL EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
Nameholder shall defend, indemnify, and hold harmless dotPH and its officers, directors, shareholders, owners, managers, employees, agents, contractors, affiliates and attorneys ("dotPH Related Parties") from and against any and all claims of third parties, including, but not limited to all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees (which attorneys shall be hired at the sole discretion of dotPH) and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Agreement, use of dotPH's Domain registration or other services, or to the Domain itself, including Nameholder's use, display, exploitation, or registration of the Domain, as well as for infringing or otherwise damaging content displayed or otherwise made available via the Domain. If dotPH is threatened by claims or suit of a third party, dotPH may seek written assurances from the Nameholder concerning the Nameholder's obligation to indemnify dotPH. Failure to provide such written assurances is a material breach of this Agreement. Failure of Nameholder to fully indemnify dotPH in a timely manner will result in termination of Nameholder's registration to the Domain; such termination of the Domain shall in no way prejudice dotPH's right to seek the indemnity by way of litigation or otherwise.
Nameholder agrees that failure to abide by any provision of this ServiceAgreement or the dotPH Policies may be considered by dotPH to be a material breach and that dotPH may provide a written notice, describing the breach, to the Nameholder. If, within thirty (30) days of the date of mailing such notice, the Nameholder fails to provide evidence, which is reasonably satisfactory to dotPH, that it has not breached its obligations, then dotPH may delete Nameholder's registration of the Domain. Any such breach by a Nameholder shall not be deemed to be excused simply because dotPH did not act earlier in response to that, or any other, breach by the Nameholder.
I. No Guaranty.
Nameholder agrees that, by registration of a Domain, such registration does not confer immunity from objection to either the registration or use of the Domain.
J. Nameholder Warranties.
Nameholder represents, warrants, and guarantees that (i) Nameholder understands that use of the Domain may be subject to applicable laws, including those concerning trademarks and other types of intellectual property; (ii) to the best of the Nameholder's knowledge and belief, neither the registration of the Domain nor the manner in which it is to be directly or indirectly used infringes the intellectual property rights of another party in accordance with the law effective in the jurisdiction/s where the Nameholder resides or conducts business; (iii) Nameholder understands that use of the Domain is subject to all terms and conditions of this Agreement, dotPH Policies, and any other pertinent rule or policies now existing or which dotPH may publish from time to time; (iv) Nameholder does register and will use, display, or exploit the Domain in good faith, in accordance with all laws and regulations effective in the jurisdiction/s where the Nameholder resides or conducts business, and will not use the Domain in any way which may violate a subsisting right of any party; and (v) the information provided by the Domain applicant is true and accurate.
Nameholder agrees that dotPH may delete a Nameholder's Domain if this ServiceAgreement, or subsequent modification(s) thereto, contains false or misleading information, or conceals or omits any information dotPH would likely consider material to its decision to approve this ServiceAgreement.
L. Right of Refusal.
dotPH, in its sole discretion, reserves the right to refuse to approve the ServiceAgreement for any Nameholder. Nameholder agrees that the submission of this ServiceAgreement does not obligate dotPH to accept this ServiceAgreement. Nameholder agrees that dotPH shall not be liable for loss or damages that may result from dotPH's refusal to accept this ServiceAgreement.
Nameholder agrees that the terms of this ServiceAgreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions which shall continue to be binding.
Nameholder agrees that this ServiceAgreement and the dotPH Policies is the complete and exclusive agreement between Nameholder and dotPH regarding the registration of Nameholder's Domain. This ServiceAgreement and the dotPH Policies supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.
This ServiceAgreement is only for registrations of domains of the PH country code top-level domains, namely: .PH, .COM.PH, .NET.PH, .ORG.PH, .MIL.PH and .NGO.PH. By completing and submitting this ServiceAgreement for consideration and acceptance by dotPH, the Nameholder agrees that he/she has read and agrees to be bound by the above.
Uniform Domain Name Dispute Resolution Policy
This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by dotPH, Inc. ("dotPH"), is incorporated by reference into your Domain Name Services Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (dotPH) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at http://www.domains.ph, and the selected administrative-dispute-resolution service provider's supplemental rules.
2. Your Representations.
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Domain Name Service Agreement are complete and accurate; (b) to the best of your knowledge and belief, the registration of the domain name will not infringe upon or otherwise violate the intellectual property rights of any third party in accordance with the laws effective in the jurisdiction where you reside or conduct business; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations effective in the jurisdiction where you reside or conduct business. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights in the manner described in this Paragraph.
3. Cancellations, Transfers, and Changes.
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Domain Name Services Agreement or other legal requirements.
4. Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.domains.ph (each, a "Provider").
a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three elements are present.
b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name in bad faith, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers.
d. Selection of Provider.. The complainant shall select the Provider from among those approved by dotPH by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by dotPH.
g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth inParagraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait thirty (30) business days (as observed in the Philippines) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that thirty (30) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the Philippines or of your address as shown in our database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the thirty (30) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
5. All Other Disputes and Litigation.
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
6. Our Involvement in Disputes.
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
7. Maintaining the Status Quo.
We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers of a Domain Name to a New Holder.
You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
9. Policy Modifications.
We reserve the right to modify this Policy at any time. We will post our revised Policy at http://www.domains.ph at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.