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Services
Agreement
1. INTRODUCTION.
In this Agreement ("Agreement), "you" and "your" refer to
customer ("Customer") and "we"," us" and "our" refer to
OMnic ("Oman Network Information
Center"). This Agreement explains our obligations to you, and
your obligations to us in relation to your use of our
services. By selecting OMnic
Service(s) you have agreed to establish an account with us for
such services.
2. SECURITY.
When you register a domain name with us through our online
application process, you are responsible for a security to
protect your domain registration records (including your
contact records and host records) from unauthorized changes.
3. VARIOUS
SERVICES. Paragraphs 1 to 17 are
applicable to any and all of the services you have chosen.
4. FEES,
PAYMENT AND TERM OF SERVICE. As
consideration for the services you have selected, you agree to
pay OMnic the applicable
service(s) fees set forth on our web site at the time of your
selection. All fees are due immediately and are
non-refundable. Initial domain name registrations, and domain
name registrations that have passed the registrations
agreement's anniversary date, must be in paid status to
delete, modify, or otherwise to request
OMnic to affect the domain name record or to provide
domain name services. Domain name registrations in unpaid
status are routinely deleted on a regular basis.
OMnic may take all remedies
available to collect fees owed. Each
OMnic service is for a one year terms and it is
acceptable for renewal. Any renewal of your services with us
is subject to our then current terms and conditions and
payment of all applicable service fees at the time of renewal
and in the case of domain name registration, the domain name
registry's acceptance of your domain name registrations. You
agree that you may not transfer your domain registration to
another domain name registrar during the period time of your
domain from the effective date of your initial domain name
registration with us. We will provide you notice prior to the
renewal of your services at least (15) days in advance of the
renewal date. You agree that if you paid by credit card
(initially in connection), you are solely responsible for the
credit card information you provide to
OMnic and must promptly inform
OMnic of any changes thereto (e.g., change of
expiration date or account number). In addition, you are
responsible for ensuring the services are renewed. Omantel
shall have no liability to you, but not limited to, any
failure or errors in renewing the services.
5. ACCURATE
INFORMATION. As further consideration
for the OMnic Service(s), you
agree to: (1) provide certain true, current, complete and
accurate information about you as required by the application
process; and (2) maintain and update this information as
needed to keep it current, complete and accurate. We rely on
this information to send you important information and notices
regarding your account and our services. Our privacy statement
located on our Web site at
Rules and incorporated herein by reference sets forth your
and our rights and responsibilities with regard to your
personal information. You agree that we, in our sole
discretion, may modify our privacy statement. You agree that,
by using our services after modifications to the privacy
statement become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to any
such modification, you may terminate this Agreement with us.
We will not process the personal data that we collect from you
in a way incompatible with purposes and other limitations
described in our privacy statement and we will take reasonable
precautions to protect your personal data from loss, misuse
and unauthorized access, disclosure, alteration or
destruction.
6. MODIFICATIONS
TO AGREEMENT. Except as otherwise provided in this
Agreement, you agree, during the term of this Agreement, that
we may: (1) revise the term and conditions of this Agreement;
and /or (2) change part of the services provided under this
Agreement at any time. Any such revision or change will be
binding and effective immediately upon posting of the revised
Agreement or change to the service(s) on
OMnic Web site, or upon notification to you by e-mail.
You agree to periodically review our Web site, including the
current version of this Agreement available on our Web sites,
to be aware of any such revisions. If you don't agree with any
revision to the Agreement, you may terminate this Agreement at
any time by providing us with notice by mail addressed as
follows, Attention:
Oman Network
Information Center
Internet Unit
Oman
Telecommunications Company
P.O. Box 194,
Al-Athaiba
Postal Code 130
Sultanate of
Oman
Notice of your termination will
be effective on receipt and processing by us. Any fees paid by
you if you terminate your Agreement with us are nonrefundable,
but you will not incur any additional fees. By continuing to
use OMnic Service after any
revision to this Agreement or change in service(s), you agree
to abide by and be bound by any such revisions or changes.
7. DOMAIN
NAME DISPUTE POLICY. If you reserved or
registered a domain name through us, you agree to be bound by
our current domain name dispute policy that is incorporated
herein and made a part of this Agreement by reference. The
current of the dispute policy may be found at our Web Site:
Rules. Please take time to familiarize yourself with that
policy.
8. DOMAIN
NAME DISPUTE POLICY MODIFICATIONS. You agree
that we, in our sole discretion, may modify our dispute
policy. You agree that, by maintaining the reservation or
registration of your domain name after modifications to the
dispute policy become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to any
such modification, you may terminate this Agreement. We will
not refund any fees paid by you if you terminate your
Agreement with us.
9. NOTICES
AND ANNOUNCEMENTS. You authorize us
to notify you as our customer of information that we deem is
of potential interest to you. Notices and announcements may
include commercial e-mails and other notices describing
changes, upgrades, new products and services or other
information pertaining to internet security or to enhance your
identity on the internet and/ or other relevant matters.
10. NO
GUARANTY. You agree that, by
registration of your chosen domain name, such registration
does not confer immunity from objection to either the
registration or use of your domain name.
11.
REPRESENTATIONS AND WARRANTIES.
You agree and warrant that: (i) the information that you
provide to us during the application process to register your
domain name or to apply for other OMnic
services(s) 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 procedure in place at that time,
(ii) use of our service(s) is solely at your own risk. You
agree that all of our services are provided on an "as is", and
"as available" basis.
12. DISCLAIMER
OF WARRANTIES. WE EXPRESSLY DISCLAIM 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 OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR
THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE. WE MAKE NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR
ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
13. RIGHTS
OF REFUSAL. We, in our sole
discretion, reserve the right to refuse to register your
chosen domain name or register you for the
OMnic service(s), or to delete
your domain name for such services. In the event we do not
register your domain or register you for the
OMnic service(s), or we delete
your domain name or other OMnic
service(s), you agree that we shall not be liable to you for
loss or damages that may result from our refusal to register;
the deletion your domain name or refusal to register you for
the OMnic service(s).
14. ENTIRETY.
You agree that this Agreement, the rules and polices published
by us, the dispute policy and the privacy statement are the
complete and exclusive agreement between you and us regarding
our services. This Agreement, our rules and policies, the
dispute policy and the privacy statement supersede all prior
agreements and understandings, whether established by custom,
practice, policy or precedent.
15. TRANSFER
AND ASSIGNMENT. You don't allow
transferring your domain name to a third party, subject to the
procedures and conditions found at:
Rules, Incorporated herein by reference. Your rights under
this Agreement are not assignable and any attempt by your
creditors to obtain an interest in your rights under this
Agreement, whether by attachment, levy, garnishment or
otherwise, renders this Agreement void-able at our option.
16. GOVERNING
LAW. You agree that this Agreement
and any disputes hereunder shall be governed an all respects
by and construed in accordance with the laws of the Sultanate
of Oman, excluding its conflicts of laws rules.
17. AGREEMENT
TO BE BOUND. By applying for
OMnic service(s) through our
online application process or by applying for and registering
a domain name as part of our application process, you
acknowledge that you have read and agree to be bound by all
terms and conditions of this Agreement and any pertinent rules
or policies that are or may be published by
OMnic.
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