Registrant Agreement

1. Definitions

For the purposes of this Agreement, the following definitions shall apply:-

2. Introduction

1. This Agreement is made between the domain name applicant (the “Registrant”), MYNIC accredited Registrar (“Registrar”) and the Registry (“MYNIC”) when applying to register or renew the registration of a .MY domain name.
2. This Agreement applies to all .MY domain names registration and must be complied by both the Registrants including but not limited to all other policies that is made available in MYNIC official website.

3. The Registrant acknowledges and agrees

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. that the Registrant does not own the registered domain name and instead holds the right to use the domain name for a specified period of time (i.e. which is known as a domain name holder). The registration of the domain name does not create any proprietary right for the Registrant. Additionally, the Registrant shall not have any right to sell, trade, or assign the domain name in contravention of the terms and conditions contain herein. MYNIC is entitled to injunctive relief should the Registrant deal with the domain name in any manner that is contrary to this Agreement or any of MYNIC policies;
3. that all registration, renewal or other Fees that is due and payable to the Registrar must be made in a timely manner;
4. to provide and to keep the Registrar updated with complete, correct, and accurate information at all times;
5. that it is not the duty or responsibility of the Registrar to screen requested domain names to determine whether the domain name may infringe upon the right(s) of a third party;
6. that all registration, renewal or other Fees that is due and payable to the Registrar must be made in a timely manner;
7. to be bound by MYNIC domain name dispute resolution Policy (MYDRP) and its respective Rules 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
8. 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.

4. The Registrant represents and warrants that

1. the Registrant is a person or organisation that meets, and will continue to meet, the eligibility criteria of the .MY domain name for the duration of the domain name subscription;
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 by the Registrar (in accordance with the procedures prescribed by MYNIC) from time to time;
3. the domain name applied for does not infringe any registered or unregistered trademark or any other intellectual property rights of a third party;
4. all information in the application form submitted to the Registrar is complete, correct, and accurate. The information is not misleading in any way and the application is made in good faith as at the date of submission and shall continue to remain updated at all times;
5. the domain name applied for and its content is not scandalous, indecent, obscene, or offensive, whether directly or indirectly;
6. the registration or use of the domain name including its content is not for any illegal or unlawful purposes, does not infringe the rights of any party or in contravention of the Content Code established by Content Forum (CMCF);
7. the domain name content is not misrepresenting the eligibility criteria applicable to the second level or third level domain for the purposes of which it is being registered for;
8. the applicable governmental consents, licenses, or permissions, in so far as they are applicable to the name/domain name, have been obtained;
9. the domain name and the name encompassed within the domain name applied for are valid and in compliance with all relevant applicable laws;
10. the Registrant will not engage in domain tasting by using the five (5) day grace period in which a Registrant may choose to unregister a domain name and get a full refund of the registration fee as a vehicle to test the marketability or viability of a domain name. MYNIC reserves the rights to refuse the Registrant’s cancellation and/or refund request in the event MYNIC determines (which determination shall be made by MYNIC in its sole and absolute discretion) the Registrant has engaged in domain tasting.
11. the Registrant is aware that the Registrar or MYNIC can cancel and/or suspend the registration of the domain name if any of the warranties set out above is found to be untrue, incomplete, incorrect or misleading.

5. Fees and Invoices

1. All Fees are non-refundable.
2. If payment is not made within the stipulated time to the Registrar, MYNIC may:
1. suspend the domain name of the Registrant, and the Registrant shall pay additional charges for reinstatement of the domain name; or
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 re-register the deleted domain name, the Registrant shall submit a new application to the Registrar.
3. MYNIC shall be entitled to impose reasonable late payment charges on any late payment of the Fees.

6. MYNIC & Registrar Rights

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.
2. MYNIC shall report 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 to the Commission (MCMC) or Content Forum of Malaysia (CMCF) for further action.
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.
4. MYNIC may suspend or delete the domain name or terminate this Agreement with prior notice to the Registrant, in the event:
   • any of the Registrant’s representations and warranties in clause 4 are breached;
   • the Fees are not paid to the Registrar pursuant to clause 5.2;
   • any of the information supplied to the Registrar by the Registrant, including the Administrative Contact, Billing Contact or Technical Contact are found to be incomplete, incorrect, or inaccurate;
   • if the domain name or the use of the domain name is objectionable or undesirable in line with the Sensitive Names or Reserved Names under the Numbering and Electronic Addressing Plan (NEAP);
   • if the registration of the domain name has been obtained based on or otherwise involves the provision of false or misleading information;
   • if the Registrant breaches any of the terms and conditions of this Agreement or any of MYNIC rules, policies, and procedures;
   • upon receiving a Court Order or notice from any government bodies, law enforcement/security agencies, 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:
     • 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
     • is used for or in connection with objectionable or undesirable activities or where such use is otherwise against national or public interest.
5. In complying with a decision made in accordance with MYNIC Domain Name Dispute Resolution Policy, Arbitration Act 2005 or any other subsidiary legislation, including but not limited to the Arbitration Rules 2021 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.
6. MYNIC reserves the right to make available to the public the domain name upon its deletion.
7. 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 rules.

7. Termination by the Registrant

1. The Registrant may terminate this Agreement with prior notice in the event the domain name registration is purged, or the Registrant do not agree to the amendments made to this Agreement. The termination of the Agreement does not affect any rights or liabilities which have already accrued. 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.

8. Indemnity

1. To the fullest extent permitted by law, MYNIC will not be liable to the Registrant for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by the Registrant arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of MYNIC, its employees, agents or contractors.
2. The Registrant agrees to indemnify, keep indemnified and hold MYNIC, its employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, the Registrant’s registration or use of its .MY domain name.
3. 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.

9. Notice

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, or e-mail, to the party to whom it is given at its last known postal address, fax number or e-mail address.

10. Amendment

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 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 9.

11. General Terms

1. MYNIC Published Policies - The Registrant must comply with all of MYNIC published policies. In the event of any inconsistency between this Registrant Agreement and any of MYNIC published policies, the policies shall prevail to the extent of such inconsistency.
2. Waiver - A waiver of either party’s right to enforce any provision of this Agreement is not effective unless expressed in writing. Further, the failure by either party to enforce at any time the provisions of this Agreement or any rights in respect thereto shall in no way be considered to be a waiver of such provisions, rights, or elections or in any way affect the validity of this Agreement.
3. Severability - If any term or provision of this Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement shall not be affected.
4. Governing Law - This Agreement will be governed by and interpreted in accordance with the laws of Malaysia. The Parties to this Agreement hereby submit to the non-exclusive jurisdiction of the Malaysian Courts.
5. 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.