|Domain Registration Agreement
In this Registration Agreement ("Agreement") YOU, YOUR and YOURSELF refer to each customer, WE, US and OUR refer to Gabia,Inc. and "Services" refers to the domain name registration services
provided by US. This Agreement explains OUR obligations to YOU, and explains YOUR obligations to US for various Services. By selecting OUR Services, YOU have agreed to establish an account with US for such
Services. When YOU use YOUR account or permit someone else to use it to purchase or otherwise acquire access to additional Services, or to cancel YOUR Services (even if WE were not notified of such authorization),
this Agreement shall cover such services or actions. By using the Services under this Agreement, YOU acknowledge that YOU have read and agreed to be bound by all terms and conditions of this Agreement and
any pertinent rules or policies that are or may be published by US.
2. SELECTION OF A DOMAIN NAME.
WE cannot and do not check to see whether the domain name YOU select, or the use YOU make of the domain name, infringes legal rights of others. WE urge YOU to investigate to see whether the domain name
YOU select or its use infringes legal rights of others, and in particular we suggest YOU seek advice of competent counsel. YOU may wish to consider seeking one or more trademark registrations in connection
with YOUR domain name. YOU should be aware that there is the possibility WE might be ordered by a court to cancel, modify, or transfer YOUR domain name. YOU should be aware that if WE are subject to any
legal proceedings in connection with YOUR domain name, WE may turn to YOU to hold US harmless and indemnify US.
3. FEES & ACCOUNT INFORMATION.
As consideration for the Services YOU have selected, YOU agree to pay to US applicable service fees. All fees payable hereunder are non-refundable unless WE provide otherwise. As further consideration for
the Services, YOU agree to: (1) provide certain current, complete, and accurate information about YOU as required by the registration process and (2) maintain and update this information as needed to keep
it current, complete, and accurate. All such information shall be referred to as "Account Information". By completing and submitting this Agreement, YOU represent that the statements in YOUR Account
Information are true.
All fees are non-refundable. However, WE will refund the registration fees to YOU, in the event that (1) YOUR registration is unsuccessful for any reason, As long as the domain name is not registered. (2)
YOU ask US to cancel a .KR domain name by the Email which is recorded in OUR domain name database within 3 calendar days after domain registration.
YOU agree that this Agreement will remain in effect during the term of your domain name registration as selected, recorded and paid for at the time of registration or any renewal thereof. If the domain
name should be transferred to another registrar, the terms and conditions of this Agreement shall cease.
6. MODIFICATIONS TO AGREEMENT.
YOU acknowledge that the practice of registering and administering domain names is constantly evolving; therefore, YOU agree that WE may modify this Agreement, or any other related and/or applicable agreements,
as is necessary to comply with OUR agreements with NIDA or ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances. All amendments to this Agreement will be posted
on OUR website. YOUR continued use of the domain name registered by YOU will constitute YOUR acceptance of this Agreement with any revisions. If YOU object to any change, YOU may request that YOUR domain
name registration be cancelled or transferred to a different accredited registrar. YOU agree that such cancellation or request for transfer will be YOUR exclusive remedy if YOU do not wish to abide by any
change to this Agreement, or any other related and/or applicable agreements.
7. MODIFICATIONS TO YOUR ACCOUNT.
In order to change any of YOUR Account Information with US, YOU must use YOUR Account Identifier and Password that YOU selected when YOU opened YOUR account with US. YOU agree to safeguard YOUR Account
Identifier and Password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your Account Identifier or Password.
WE offer domain backorder service to YOU. After YOU have successfully backordered a domain through US, WE will attempt to secure that backordered domain if it subsequently becomes available for public registration. When YOU place a backorder, YOU are required to make a payment by your credit card, but your payment will be held on process status where payment is not charged to you until WE are successful in securing such domain on your behalf. Current fees for successful backorder are stated in our site.Successful backorders will be registered at the registry for a one-year term. WE will use its commercially reasonable efforts to register a backordered domain on your behalf. However, WE do not guarantee the successful acquisition or registration of any domain. In the event that WE are successful in acquiring a backordered domain, the domain will be registered with YOU. Due to the high costs incurred by US in searching for and obtaining domains, we are unable to make a refund following a successful registration on your behalf. YOU may cancel a backorder for a particular domain at certain time prior to its successful registrationbut YOU are not able to get a refund until the time the domain you backordered either is registered or is deleted. When YOU get a refund, your card payment is automatically canceled by our system and WE notify you by email but YOU are not able to check if you get a refund from our website. You need to call your card company to check your card refund.
9. DOMAIN NAME DISPUTES.
YOU agree that, if the registration or reservation of YOUR domain name is challenged by a third party, YOU will be subject to the provisions specified in the Dispute Policy adopted by the applicable registry.
In the case of TLDs administered by ICANN, YOU specifically agree to be bound by the dispute policies at http://www.icann.org/udrp/. In the case of TLDs administered by NIDA, YOU specifically agree to be
bound by the dispute policies at http://www.idrc.or.kr/english/main.jsp. In the case of ccTLDs administered by its registry, you specifically agree to be bound by the dispute policies adopted by the applicable
registry. YOU agree that in the event a domain name dispute arises with any third party, YOU will indemnify and hold US harmless pursuant to the terms and conditions contained in the Dispute Policy. For
any dispute, YOU agree to submit to the jurisdiction of the courts of YOUR domicile, the courts of the geographic location indicated by YOUR WHOIS information for YOUR domain name, and the courts of the
Republic of Korea.
YOU agree that YOUR registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a Gabia, NIDA, ICANN, registry, or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a Gabia, NIDA, ICANN , registry, or government-adopted policy, (1) to correct mistakes by US or a registry in registering the name or (2) for the resolution
of disputes concerning the domain name.
Regardless of whether YOU intend to license the use of domain name to a third party, YOU are nonetheless the domain name holder of record and are therefore responsible for providing YOUR own contact information,
and for providing and updating accurate administrative contact information adequate to facilitate timely resolution of any problems that may arise in connection with YOUR domain name. YOU accept all liability
for harm caused by wrongful use of the domain name by YOUR licensee unless YOU promptly disclose the identity of the licensee to a party providing YOU with reasonable evidence of actionable harm. YOU also
represent that YOU have provided notice of the terms and conditions in this Agreement to YOUR licensee, and that YOUR licensee agrees to all the terms herein.
WE reserve the right to distribute information to YOU that is pertinent to the quality or operation of OUR services and those of OUR service partners. These announcements will be predominately informative
in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance YOUR identity on the Internet. YOU agree that such information is prima facie
communication solicited by YOU, by virtue of YOUR acceptance of this agreement.
13. LIMITATION OF LIABILITY.
YOU agree that OUR entire liability, and YOUR exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach thereof is solely limited to the amount YOU paid for such Service(s).
WE shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute
services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, OUR liability is limited to the extent permitted by law. WE disclaim
any and all loss or liability including loss or liability resulting from: (1) access delays or access interruptions; (2) data non-delivery or data mis-delivery; (3) acts of God or acts not under OUR control;
(4) the unauthorized use or misuse of YOUR account identifier or password; (5) errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) the interruption
of YOUR Service. YOU agree that WE are not liable for any loss of registration and use of YOUR domain name, or for interruption of business, or 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 WE have been advised of the possibility of such damages. In
no event will OUR maximum liability exceed a thousand ($500.00 USD) dollars.
You agree to release, indemnify, and hold US, OUR contractors, agents, employees, officers, directors and affiliates, NIDA, ICANN, the applicable registries and their respective directors, officers, employees,
agents and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties arising out of or relating to the registration or use of the domain name registered
in YOUR name, whether used by YOURSELF, licensed to a third party or pursuant to the Whois Privacy Service, including without limitation, infringement by YOU or a third party with access to YOUR Account
Identifier and Password. YOU also agree to release, indemnify and hold US harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. When WE are threatened with suit by a
third party, WE may seek written assurances from YOU concerning YOUR promise to indemnify US; YOUR failure to provide such assurances may be considered by US to be a breach of Agreement and may result in
the suspension or cancellation of YOUR domain name. This indemnification obligation will survive the termination or expiration of this Agreement.
15. TRANSFER OF OWNERSHIP.
The person named as Registrant on the Whois shall be the registered name holder. The person named as administrative contact at the time the controlling account identifier and password are secured shall
be deemed the designate of the Registrant with the authority to manage the domain name. YOU agree that prior to transferring ownership of YOUR domain name to another person (the "Transferee")
YOU shall require the Transferee to agree, in writing, to be bound by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a reasonable fashion (as determined by US in
OUR sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
YOU agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by US, may be considered by US to be a material breach and that WE may provide
a written notice, describing the breach, to YOU. If within 30 (thirty) calendar days of the date of such notice, YOU fail to provide evidence, which is reasonably satisfactory to US, that YOU have not breached
YOUR obligations under the Agreement, then WE may delete the registration or reservation of YOUR domain name. Any such breach by YOU will not be excused simply because WE did not act earlier in response
to that, or any other breach by YOU.
17. NO GUARANTY.
YOU agree that, by registration or reservation of YOUR chosen domain name, such registration or reservation does not confer immunity from objection to the registration, reservation, or use of the domain
18. DISCLAIMER OF WARRANTIES.
YOU agree and warrant that the information that YOU provide to US to register or reserve YOUR domain name or register for other Services is, to the best of YOUR knowledge and belief, accurate and complete,
and that any future changes to this information will be provided to US in a timely manner according to the modification procedures in place at the time. YOU agree that YOUR use of OUR Services is solely
at YOUR own risk. YOU agree that such service or services is provided on an "as is," and "as available" basis. WE expressly disclaims all warranties of any kind, whether express or implied,
including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. WE make no warranty that the service or services will meet YOUR requirements,
or that the service or services will be uninterrupted, timely, secure, or error free; nor do WE make any warranty as to the results that may be obtained from the use of the service or services or as to
the accuracy or reliability of any information obtained through OUR registration or e-mail service or that defects in the service or services software will be corrected. YOU understand and agree that any
material and/or data downloaded or otherwise obtained through the use of OUR domain registration service or related e-mail service is done at YOUR own discretion and risk and that YOU will be solely responsible
for any damage to YOUR computer system or loss of data that results from the download of such material and/or data. WE make no warranty regarding any goods or services purchased or obtained through the
e-mail service or any transactions entered into through the e-mail service. No advice or information, whether oral or written, obtained by YOU from US or through OUR services shall create any warranty not
expressly made herein.
As part of the registration process, YOU are required to provide US certain information and to update US promptly as such information changes such that OUR records are current, complete and accurate. YOU
are obliged to provide US the following information:
(1) YOUR name and postal address (or, if different, that of the domain name holder) (2) The domain name being registered (3) The name, postal address, e-mail address, and voice and fax (if available) telephone
numbers of the administrative contact for the domain name. (4) Any other information that WE request from YOU at registration is voluntary, and is collected so WE can continue to improve the products and
services offered to YOU.
20. DISCLOSURE AND USE OF REGISTRATION INFORMATION.
YOU agree and acknowledge that WE will make domain name registration information YOU provide available to ICANN, relevant TLD registry, to the registry administrators, and to other third parties as applicable
agreements and laws may require or permit. YOU further agree and acknowledge that WE 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 other purposes as required or permitted by applicable agreements and laws.
(1) 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 US.
(2) YOU may access YOUR domain name registration information in OUR possession to review, modify or update such information, by accessing OUR domain manager service, or similar service, made available by
(3) WE will not process or maintain data about any identified or identifiable natural person that WE obtain from YOU in a way incompatible with the purposes and other limitations that WE set forth in this
(4) WE will take reasonable precautions to protect the information YOU provide to US from loss, misuse, unauthorized access or disclosure, alteration or destruction.
YOU agree that WE may delete YOUR domain name or terminate YOUR right to use other Services if the information that YOU provided to register or reserve YOUR domain name or register for other Services, or
subsequently to modify it, contains false or misleading information, or conceals or omits any information WE would likely consider material to our decision to register or reserve YOUR domain name.
22. RIGHT OF REFUSAL.
WE, in OUR sole discretion, reserve the right to refuse to register or reserve YOUR chosen domain name or register YOU for other Services within 30 (thirty) calendar days from receipt of YOUR payment for
such services. In the event WE do not register or reserve YOUR domain name or register YOU for other Services, or WE delete YOUR domain name or other Services within such thirty (30) calendar day period,
WE agree to refund the applicable fee(s) paid. YOU agree that WE are not liable to YOU for loss or damages that may result from OUR refusal to register or reserve, or from deleting YOUR domain name or registering
YOU for other Services.
YOU agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly
as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
Nothing contained in this Agreement or any applicable Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties to this Agreement
OUR failure to require performance by YOU of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by US of a breach of any provision
hereof be taken or held to be a waiver of the provision itself.
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail, facsimile or post. Any notice to the domain name Registrant will be communicated
to the email or postal address or facsimile phone number provided by the Registrant at the time of registration of the domain name or as updated from time to time. Any e-mail communication shall be deemed
to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 06:00 p.m. (Korean Standard Time) and otherwise on the next
business day. Any communication sent via regular mail shall be deemed to have been validly and effectively given five (5) business days after the date of mailing. Email, postal or facsimile notices sent
by the domain name Registrant should be sent to the relevant addresses and phone numbers on the Gabia website at 'www.kr-domain-registration.com'.
YOU agree that this Agreement, the rules and policies published by US and the applicable Dispute Policy are the complete and exclusive agreement between YOU and US regarding OUR Services. This Agreement
and any applicable Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
28. GOVERNING LAW.
This Agreement shall be governed by, interpreted and enforced in
accordance with the laws of the Republic of Korea without recourse to rules governing choice of laws. Any action relating to this Agreement must be brought in the district courts located in the Republic
of Korea and YOU irrevocably consent to the jurisdiction of such courts.
YOU attest that YOU are of the legal age to enter into this Agreement.
30. ACCEPTANCE OF AGREEMENT.
You acknowledge that YOU have read this agreement and agree to all its terms and conditions.
Appenix1. Trustee Agreement for the Registration of Domain Names under the .KR TLD
YOU desire to register a domain name under the top-level-domain .KR with Gabia, Inc. [5F, ComplexB, U-SPACE 1 B/D, 670, Sampyeong-dong, Bundang-gu Seongnam City, Gyeonggi-Do, the Republic of Korea] using the services of Gabia C&S,
[4F, ComplexB, U-SPACE 1 B/D, 670, Sampyeong-dong, Bundang-gu Seongnam City, Gyeonggi-Do, the Republic of Korea] (hereafter referred to as the “Trustee”).
Whereas YOU reside outside of Korea and consequently may not register a domain name under the TLD .KR in accordance with the Chapter 2 (Registration and Administration of Domain Names) Article 4 ① (Registrant
Qualifications) of the NIDA Domain Terms and Conditions, YOU authorize the Trustee to register the desired domain name at [www.kr-domain-registration.com] and to administer the domain name during the duration
of this contract.
Having said this, YOU and the Trustee conclude an Agreement having the conditions below:
1. YOUR Duties
(1) YOU guarantee that neither the domain applied for nor the contents to be placed on a corresponding website violate any third-party rights (e.g., trademark, name-use rights and copyrights, any legal
regulations) or offend common decency.
(2) YOU undertake to inform the Trustee immediately and in writing by mail, fax or e-mail about all matters relevant to the registration of the domain, in particular any initiation or threat of legal proceedings.
(3) YOU shall not have the right to assign the rights and obligations rising from this contract to a third party without written consent of the Trustee.
(4) YOU agree to reply immediately in detail to all inquiries of the Trustee with respect to the domain registration by mail, fax or e-mail, at the latest however within 48 hours of receipt. A shorter deadline
governs, if it is established in a legally effective manner through actions of a third party (claimant, court, etc.).
(5) YOU shall be responsible for keeping its contact data up-to-date with US at all times.
(6) If YOU cannot be reached through the contact information provided or do not answer an inquiry of the Trustee within the time limit set, the Trustee will be entitled to taking all the necessary measures,
in particular cancelling the domain if an actual or alleged violations of the law is present, or placing the domain under the administration of NIDA.
(7) If YOU have certificates like Korean Business Registration Certificate, YOU must send the document and YOUR updated information to 'email@example.com. Upon receipt of such certificate, WE will
change the Korean postal address of the Trustee to YOUR Korean address in the certificate within three (3) business days.
2. Duties of the TRUSTEE
(1) The TRUSTEE undertakes to fulfill its duties as registrant of the domain name in YOUR interest. The TRUSTEE will comply with YOUR instructions relevant hereto provided that such instructions are not
contrary to the laws of the Republic of Korea or any of the contractual agreements between the parties.
(2) The TRUSTEE will, without further delay, inform YOU on all questions concerning the domain registration. To the extent possible, the TRUSTEE will not take any decision without prior consultation with
(3) The TRUSTEE will take any decisions that can or have to be taken without conferring with YOU at reasonable discretion.
3. Resolution of Disputes with Third Parties
In the event that the TRUSTEE, directly or on YOUR behalf, is called upon by a third party to release or cancel the domain, YOU shall, within three (3) business days, declare in writing whether YOU approve
of the release or want to defend the domain.
(1) If YOU agree to the release, the Trustee will apply for cancellation of the domain with the NIDA and will inform the third party/claimant. The agreement between YOU and the Trustee shall be terminated
with this application without any notice of termination.
(2) If YOU do not execute a declaration, the TRUSTEE shall be entitled to place the domain under the administration of NIDA and to relinquish its position as a Registrant with NIDA.
(3) In case YOU inform the Trustee of YOUR intention to defend the domain, YOU shall, within two (2) business days, cede to the Trustee a security deposit (cash payment/cash-equivalent in US dollar) in
the amount determined by the Trustee at reasonable discretion and based on the Court Fees Act and the regulations regarding attorney`s fees of the Republic of Korea, where that security deposit guarantees
the Trustee`s indemnification claims for potential procedural costs that the Trustee might need to carry. In addition, YOU within two (2) business days shall name a lawyer, who will represent YOU in and
out of the court. If YOU do not comply with the aforementioned obligations, the Trustee will be entitled to proceed in accordance with the provisions of Article 12 in the Domain Registration Agreement.
If the TRUSTEE establishes that the domain name itself or the contents posted on the web site accessible via the domain name contravene applicable law of the Republic of Korea, in particular its criminal
provisions, The TRUSTEE has the right to have the domain cancelled without any prior warning and to terminate this contract with immediate effect.
5. TRUSTEE Fee
The TRUSTEE fee is $5 irrespective of a KR domain registration period.
6. Duration of Contract and Termination
(1) This agreement shall be concluded for an indefinite period, but will only remain effective as long as the domain remains with US as provider. Accordingly, regardless of the continued existence of agreement
with US, the TRUSTEE agreement will terminate if YOU transfer the domain from US to another provider or applies for the cancellation of the domain.
(2) Either party is entitled to terminate this agreement with a prior notice of no less than one (1) month. This will not affect a termination of contract for cause or any other causes for discharging or
terminating the contract stated in this agreement.
(3) The TRUSTEE, without prior consent from YOU, has the right to transfer all rights and duties arising from the TRUSTEE agreement to another trustee and to register this new trustee with US as YOUR Korean
contact. This shall be without any legal prejudice against YOU.
7. Liability of the TRUSTEE
(1) The TRUSTEE shall only be liable for damages arising from violation of a material obligation under the agreement endangering the purpose of the agreement or if the damages arise from intention or gross
(2) If the violation of a material obligation under the agreement is not caused by intention or gross negligence, liability will be limited to the damages that could have been reasonably foreseen by the
TRUSTEE upon concluding the agreement.
(3) This shall not affect liability of the Trustee on the grounds of guarantee, personal injury, or mandatory statutory provisions.
8. YOUR Liability
YOU shall indemnify the TRUSTEE from all costs, damages and detriments arising from third party claims and suits ? whether justified or not, judicial or extra-judicial against the Trustee on the grounds
of the domain registration and the contents of the website posted under the domain name.
9. Governing Law and Jurisdiction
Any and all disputes arising from this agreement shall be governed by the Korean Commercial Code, and the district courts of Seoul will have the exclusive jurisdiction.
If any provisions of this agreement are held to be invalid, such invalidity will not affect the remaining provisions. All provisions deemed unenforceable to the extent possible shall be replaced by provisions
that are enforceable and correspond as much as possible to the original intent. This shall also apply in case of gaps or omissions in the agreement.
Alterations, amendments and sub-agreements to this agreement including renunciation of the written form to be effective must be made in writing.
|Gabia, Inc is stronly committed to protecting YOUR privacy.
of the choices YOU can make regarding the way WE collect and utilise YOUR personal information
1. Collection of Personal Information
WE receive and store any information YOU enter on OUR Web site or give US in any other way. WE use the information that YOU provide for such purposes as responding to YOUR requests, providing OUR services
, and communicating with YOU.
2. Use of Personal Information
This information is used
2.1 To maintain OUR accounts
2.2 for billing
2.3 To market OUR services and products
2.4 to help make OUR web site as useful to YOU as possible;
2.5 To answer YOUR questions
2.6 To provide useful contents for YOU
3. Privacy Protection
WE will take appropriate steps to protect the YOUR privacy. Whenever YOU provides sensitive information (for example, a credit card number to make a purchase), WE will take all reasonable steps to protect
it, such as encrypting YOUR card number. WE will also take reasonable security measures to protect the YOUR personal information in storage.
We woll not provide any of YOUR personal information to other companies or individuals for marketing purposes without YOUR permission.
4. Crime prevention and detection
If YOU use OUR services for illegal or fraudulent purposes, it may result in authorities requesting YOUR information, if it appears that YOU have undertaken illegal or fraudulent activities, then we reserve
the right to pass on any information that we hold to the relevant authorities without warning.
5. Information Update
YOU are required to correct any erroneous or out-of-date contact information concerning OUR services for YOU. YOU can access the information YOU provide, correct it, and update it by visiting OUR website.
WE reserve the right to modify this privacy statement at any time, so please review it frequently.
7. How To Contact US
If YOU have other questions or concerns about these privacy policies, please send US an email at [firstname.lastname@example.org]