| (GS) Registrant Agreement | | Print | |
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This REGISTRANT AGREEMENT (the "Agreement") is entered into, by and between the .gs domain name registrant ("Registrant") and Atlantis North Ltd. (ANL). Additional agreements, if any, may be entered into between the Registrant and accredited registrars relating to domain name services in the .gs TLD provided by such accredited registrars, provided that no such additional agreement may waive, alter, or supersede any provision of this Agreement. If there is any conflict between such additional agreements and this Agreement, this Agreement shall control. TERMS AND CONDITIONS 1. By applying to register one or more .gs domain names (the .gs Domain name(s)) with an accredited registrar in the .gs ccTLD (hereinafter referred to as an Application) or by using one or more .gs Domain name(s), the Registrant acknowledges that it has read and agrees to be bound by all terms and conditions of this Agreement as well as the following documents, policies, and agreements which are incorporated into this Agreement by this reference and which shall hereinafter (together with this Agreement) be referred to as the ANL Policies:
ANL may modify the ANL Policies from time to time. ANL shall post (publish on or link to) the ANL Policies on ANL’s web site. Revised ANL Policies become effective thirty (30) calendar days after posting. ANL may inform registrants of changes to ANL Policies via email and Registrant agrees that such email shall not be considered spam; however, ANL shall not be obligated to provide such notice via email. The Registrant's use of .gs Domain name(s) following the effective date constitutes the Registrant’s acceptance of the revised ANL Policies. In the event that the Registrant does not wish to be bound by the revised ANL Policies, the Registrant’s sole remedy is to cancel the registration of the .gs Domain name(s), following the appropriate ANL Policies regarding such cancellation. The Registrant shall pay to an accredited registrar the appropriate registration fee (Registration Fee) applicable at the time the Registrant submits its Application to such accredited registrar. Payment of Registration Fees shall be made in accordance with the requirements of the accredited registrars and ANL Policies are effective at the time the Registrant submits such payment. All Registration Fees paid pursuant to this Agreement are non-refundable except as provided for herein. It shall be the responsibility of the accredited registrar to pay a separate registration fee owed to the ANL by such registrar and no Application will be accepted until such separate registration fee is paid. It shall not be the duty of the ANL to refund any Registration Fee or other fee to the Registrant in the event of non-performance by such registrar, since the disposition of such Registration Fee is being a matter of performance of a contract between the Registrant and such registrar. The Registrant's exclusive registration of the .gs Domain name shall continue for the term specified in an accepted Application (the Term). Registrant may have the right to renew a registration in accordance with the ANL Policies in effect at the end of the Registrant’s then current Term. The Registrant shall ensure that: (i) the information submitted by or on behalf of the Registrant to the .gs ccTLD registry in connection with registration of the .gs Domain name(s) or otherwise ("Registrant Information") will during the Term comply with the ANL Policies and is and will remain true, current, complete, accurate, and reliable; and (ii) the Registrant shall maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable by notifying ANL immediately of a change to any such information in accordance with the appropriate ANL Policy relating to modifications to the Registrant Information. ANL reserves and may exercise the right to terminate the Registrant’s registration of the .gs Domain name if (i) information provided by the Registrant to ANL is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) the Registrant fails to maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable. The Registrant acknowledges that a breach of this Section 4 will constitute a material breach of this Agreement which will entitle ANL to terminate this Agreement immediately upon such breach without any refund of the Registration Fee and without notice to Registrant. (i) The Registrant acknowledges that all personal information about the Registrant which is supplied to ANL or an accredited registrar is held for the benefit of the South Georgia and the South Sandwich Islands and global internet communities, and may be required to be publicly disclosed to third parties and used to maintain a public Whois service, provided that such disclosure is consistent with the ANL Policies. (ii) Registrants must provide the following information to ANL or its accredited registrar:
(iii) The Registrant is responsible for keeping the Registrant Information up to date and responding in a timely fashion to communications regarding the .gs Domain name or other .gs domains registered by them. (iv) The Registrant may be requested to submit content, material, web page(s) or URL(s) accessed through the ANL network to the manufactures of internet content filters listed on the CoCCA website http://www.cocca.cx, and such request shall be a binding obligation. The Registrant understands, acknowledges and agrees that by using the .gs Domain name, the Registrant ratifies and is bound by this Agreement (including the ANL Policies incorporated into this Agreement) even if an agent (such as an Internet Service Provider, Domain name retailer, or employee) entered into this Agreement on the Registrant’s behalf, and even if the Registrant has not itself read this Agreement. Further, the Registrant is responsible for all information submitted by its agent. ANL will not cancel this Agreement, or refund any fees, because of any errors or omissions by the agent in the registration process or thereafter (e.g. if such agent provides incorrect Registrant Information), as such apparent authority will suffice to bind the Registrant. By acting on the Registrant’s behalf, such agent represents and warrants to the Registrant and ANL that the agent is authorised to bind the Registrant hereto and that it has fully and thoroughly advised the Registrant of the terms and conditions of this Agreement (including the ANL Policies incorporated into this Agreement). On payment of the Registration Fee to the registrar and after payment by the registrar to the ANL of the separate registration fee and after acceptance of the Application, the Registrant will be entitled to a license for the exclusive use of the domain name resolution services relating to the .gs Domain name for the Term. However, the Registrant shall not use, display, exploit, or register a .gs Domain name in any manner which may constitute illegal activity or be in contravention or violation of ANL Policies. The Registrant acknowledges that a breach of this Section 6 will constitute a material breach of this Agreement which will entitle ANL to terminate this Agreement immediately upon such breach without any refund of the Registration Fee. The ANL or an accredited registrar may, in such party’s sole discretion, refuse registration of or discontinue to provide services with respect to the Registrant's desired .gs Domain name within thirty (30) calendar days from receipt of payment of the Registration Fee by the accredited registrar. In case of such refusal without cause (cause being defined as dishonouring any payment made to an accredited registrar and/or ANL or any violation of the ANL Policies), ANL shall refund to the accredited registrar the separate registration fee received by the ANL and the registrar shall refund to the Registrant the Registration Fee. Neither ANL nor an accredited registrar shall be liable for any loss, damage, or other injury whatsoever resulting from ANL or registrar’s refusal to register or to discontinue services in relation to the Registrant’s desired .gs Domain name. The Registrant represents, warrants, and guarantees that: (i) the Registrant understands that registration entitles the Registrant only to a license for the use of the domain name resolution services relating to the .gs Domain name for the Term and that use of such services is subject to this Agreement (including the ANL Policies) and other pertinent rules and laws, including those concerning trademarks and other types of intellectual property, as these may now exist or be revised from time to time; (ii) to the best of the Registrant’s knowledge and belief, neither the registration of the .gs Domain name nor the manner in which it is to be directly or indirectly used infringes the legal rights or intellectual property rights of a third party; (iii) the Registrant will use, display, or exploit the .gs Domain name in good faith, and in accordance with the laws of applicable United Kingdom legislation or LTD policy, international law, and applicable state laws and regulations, and will not use the .gs Domain name in any way which may violate a subsisting right of ANL or any third party; (iv) the information provided by the Registrant is true and accurate, and the Registrant will update said information immediately if it changes; (v) the Registrant is either (a) an identifiable human individual (over the age of 18 years); or (b) a legally recognized statutory entity (such as a Limited Liability Company, Partnership, Association, Society or Proprietary Limited Company); (vi) the Registrant will promptly notify ANL of any actual or threatened proceedings brought in respect of the words used as or incorporated in the .gs Domain name whether by or against the Registrant; (vii) the Registrant will not, directly or indirectly, through registration or use of the .gs Domain name or otherwise: (a) register a .gs Domain name for the purpose of diverting trade from another business or website; (viii) the Registrant meets and will continue to meet for the whole of the Term any eligibility criteria prescribed in the ANL Policies for registering and using the .gs Domain name; (ix) that the Registrant will maintain the Registrant Information provided pursuant to Section 4 according to the requirements of Section 4; (x) the Registrant has not previously submitted an application for registration of a domain name for the same character string with another registrar where: (a) the Registrant is relying on the same eligibility criteria for both domain name applications; and (xi) any content, material or web page contained on any Uniform Resource Locator (URL), web site or web page accessing, utilising or accessed by means of the .gs Domain name complies with the ANL Acceptable Use Policy and the CoCCA recommendations and does not constitute or contain any illegal or prohibited content, including, but not limited to indecent, obscene, or pornographic material (as described more fully in the ANL Acceptable Use Policy), whether incorporated directly into or linked from a web site resolved via a .gs Domain name; (xii) the use of the .gs Domain name and of any web page or URL accessed by or utilising the .gs Domain name will comply with the requirements of the ANL Acceptable Use Policy and CoCCA recommended policies including, without limitation, those policies relating to spam. ANL represents, warrants, and guarantees that: (i) ANL manages the .gs top level domain name in trust for the South Georgia and the South Sandwich Island Community; (ii) ANL has the full right, power, legal capacity, ability, and authority to enter into this Agreement, and to carry out the terms and conditions hereof notwithstanding the disclaimer below; (iii) ANL will process the Registrant’s Application and consider whether to accept or reject it in accordance with the criteria laid down in this Agreement (including the ANL Policies); (iv) ANL will, if the Application is successful, use its reasonable endeavours to ensure that the details supplied by the Registrant are entered into and maintained in the .gs zone file; and ANL’s breach or misrepresentation of these warranties shall constitute a material breach of this Agreement. In the event of such material breach by ANL, the Registrant's only recourse against ANL shall be to terminate its Agreement with ANL. ANL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE MAXIMUM EXTENT POSSIBLE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND AGAINST INFRINGEMENT. ANL DOES NOT GUARANTEE ANY INFORMATION PROVIDED TO THE REGISTRANT BY IT OR ITS AGENTS NOT INCORPORATED INTO THIS AGREEMENT AND, ACCORDINGLY, NO SUCH INFORMATION CREATES ANY EXPRESS OR IMPLIED WARRANTY. ANL'S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE REGISTRANT AGREES THAT ANL WILL REGISTER DOMAIN NAMES ON A FIRST COME, FIRST SERVED BASIS. ANL DOES NOT GUARANTEE THAT ANY DOMAIN APPLIED FOR BY THE REGISTRANT WILL BE AVAILABLE OR WILL BE SUCCESSFULLY REGISTERED, AND THE REGISTRANT AGREES THAT IT DOES NOT HAVE ANY RIGHT OF OWNERSHIP IN A REGISTERED DOMAIN. Failure of a Registrant to abide by any provision of this Agreement (including the ANL Policies) may be considered a material breach. In the event of such material breach, ANL may provide a written (including email) notice to the Registrant describing the breach. The Registrant in such event then has thirty (30) days to rectify or cure such breach or to provide evidence reasonably satisfactory to ANL that there is no breach of this Agreement or ANL Policies. In the event of a breach that is not rectified, cured or refuted by the Registrant to ANL’s satisfaction, ANL may cancel the Registrant’s registration of and license to use the .gs Domain name without refund and without further notice, and pursue any and all legal remedies it may have against the Registrant. Any such breach by the Registrant shall not be deemed excused in the event that ANL did not act earlier in response to the breach by Registrant. In the event of a breach which, in the opinion of the ANL or an accredited registrar, causes immediate harm to the public interest or the ANL Network or which violates any applicable law or regulation, then an accredited registrar and/or the ANL may modify, suspend, or terminate services to the Registrant without written notice, the modification, suspension, or termination of services constituting notice to Registrant that such a breach has occurred. See Section 12, below for important limitations on the liability of ANL and accredited registrars with regard to good faith acts by such parties under this Section. The Registrant acknowledges that ANL cannot, and does not, screen or otherwise review any Application to verify that the Registrant has legal rights to use a particular character string as or in a .gs Domain name. In the event that any party disputes the Registrant's legal right to use, display, exploit, or register the .gs Domain name in any fashion, including allegations that prohibited material (as defined in the ANL Acceptable Use Policy) is displayed on or linked to from a website which is resolved via a .gs Domain name, ANL and the Registrant shall act in accordance with and agree to be bound by ANL’s Complaint Resolution Policy and Service. The Registrant is strongly encouraged to, prior to applying for registration of the .gs Domain name, perform a trademark search with respect to the acronyms, words and/or phrases comprising the .gs Domain name. The Registrant will be solely liable in the event that the Registrant’s use of a .gs Domain name constitutes an infringement or other violation of a third party’s rights. The Registrant shall defend, indemnify, and hold harmless ANL, the registry operator, accredited registrars and such parties’ officers, directors, shareholders, owners, managers, employees, agents, contractors, affiliates, lawyers and attorneys ("ANL Related Parties") from and against any and all claims of third parties or made by the Registrant, 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 lawyers or attorneys' fees (which lawyers or attorneys shall be hired at the sole discretion of the indemnified party) and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Agreement, the registration or use of the indemnified party’s domain registration or other services, or to the .gs Domain name itself, including the Registrant's use, display, exploitation, or registration of the .gs Domain name, as well as for any infringing or otherwise damaging content displayed or otherwise made available on or by means of the .gs Domain name. If an indemnified party is threatened by claims or suit of a third party, the indemnified party may seek written assurances from the Registrant concerning the Registrant’s indemnification obligations. Failure to provide such written assurances is a material breach of this Agreement. Failure of the Registrant to fully indemnify the indemnified party in a timely manner may result in termination, suspension, or modification of the domain name registration services and any such termination, suspension, or modification shall in no way prejudice or substitute for an indemnified party’s right to seek indemnification by way of litigation or otherwise. The Registrant acknowledges and agrees that, to the maximum extent possible, ANL AND THE ANL RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, 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, ANL AND ANL RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR SERVICES RELATED TO THE DOMAIN NAME. IN THE EVENT THAT ANL OR AN ANL RELATED PARTY TAKES ACTION WITH RESPECT TO A .GS DOMAIN NAME PURSUANT TO SECTION 9, WHICH ACTION IS REVERSED, MODIFIED, OR ACKNOWLEDGED TO HAVE BEEN INCORRECT BY ANL, AN ANL RELATED PARTY, BY OR THROUGH THE ANL COMPLAINT RESOLUTION SERVICE, OR BY A COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY, THAT ANL AND ANL RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER THEREBY, EVEN IF ANL OR ANL RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF ANL OR ANL RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. Notices to ANL shall be delivered by registered or certified mail, postage prepaid, or reputable commercial courier service (e.g., Express Mail or Federal Express) in the manner of quickest delivery (i.e., overnight delivery, if possible) to: Atlantis North Ltd. Notices mailed by registered or certified official mail of a country shall be deemed delivered on receipt. For all disputes in which the ANL may be or is a party to the dispute, this registration agreement shall be exclusively governed by the laws of the United Kingdom applicable to contracts made and performed in the United Kingdom, without regard to conflict of laws principles. The Registrant hereby consents to the exclusive personal jurisdiction of the courts of the United Kingdom, for any and all claims or disputes directed against the ANL and which arise out of, purport to enforce, construe, or otherwise relate to the .gs Domain name, this Agreement, or ANL Policies. The exclusive venue for such action shall be the Courts of the United Kingdom. The Registrant waives any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and the Registrant waives any statutory or other right pursuant to the laws of the jurisdiction in which Registrant resides to have a case relating to this Agreement adjudicated or resolved in that jurisdiction. By way of information and not as a term binding against the ANL, disputes not involving the ANL as a party may be governed by a governing law and/or forum selection clause contained in a separate agreement, if any, between the Registrant and such other disputant (for example, disputes between and accredited registrar and a Registrant may be governed by a separate agreement, if any, between the Registrant and the accredited registrar); provided, however, that no such separate agreement may modify or waive either ANL’s or Registrant’s consent to exclusive choice of law, jurisdiction, and venue in the United Kingdom and the courts of the United Kingdom for disputes in which the ANL is or may be a party, as described above. Registrant agrees and acknowledges that ANL and/or any ANL delegee shall own all database, compilation, collective and similar rights, title and interests worldwide in any domain name database(s), and all information and derivative works generated from the domain name database(s) and that such domain name database may include, without limitation, (a) the original creation date of domain name registration(s), (b) the expiration date of domain name registration(s), (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of all contacts for domain name registration(s), (d) any remarks concerning registered domain name(s) that appear or should appear in the WHOIS or similar information repositories, and (e) any other information generated or obtained in connection with providing domain name registration services. ANL and/or any ANL delegee shall not have any ownership interest in a single Registrant’s specific Registration Information outside of ANL and/or any ANL delegee’s rights in one or more domain name database(s). If any provision of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall not be affected thereby and shall continue in full force and effect as nearly as possible to reflect the original intention of ANL and the Registrant in executing this Agreement. The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party. This Agreement, together with the ANL Policies expressly incorporated herein by reference, constitutes the entire agreement between the Registrant and ANL relating to the .gs Domain name. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this Agreement, and this Agreement supersedes all prior written, oral, or electronic agreements between the Registrant and ANL relating to the .gs Domain name. Additional agreements, if any, may be entered into between the Registrant and accredited registrars relating to domain name services in the .gs TLD provided by such accredited registrars, provided that no such additional agreement may waive, alter, or supersede any provision of this Agreement nor may such an additional agreement impose any obligation upon ANL without ANL’s express written consent. If there is any conflict between such additional agreements and this Agreement, this Agreement shall control. This Agreement constitutes a written agreement between Registrant and ANL even though the Registrant's Application may be dispatched electronically, and even though ANL may accept the Application electronically. A printed version of this Agreement, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form. The parties agree that ANL is able to assign this Agreement to a third party without prior written notice to the Registrant. The parties agree that clauses 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 shall survive the expiry or termination of this Agreement. |