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Registration Agreement

FJ Domain Name Registration Service Agreement
(Updated 5 December 2000; Revised 8 August 2002)

 

  1. INTRODUCTION. These terms and conditions shall apply to the agreement between The University of the South Pacific ("USP") of Suva, Fiji, and, the individual or company applying for the provision of Domain Name Registration Services by USP ("the Customer'') who should note particularly the limitation of liability set out in clause 11. By registering for and using the services, you acknowledge that you have read this agreement and agree to be bound by the terms and conditions contained herein as well as all policies and guidelines incorporated by reference. In this Domain Name Registration Agreement ("Agreement"), "you" and "your" refer to the customer and "we", "us" and "our" refer to USP. This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services. IT IS AGREED as follows:

  2. ACCEPTABLE USE. No domain name may be used, directly or indirectly, for any purpose that is against the statutory laws of the Republic of Fiji Islands, or that is against the accepted norms of the Internet community.

  3. INAPPROPRIATE NAMES. We reserve the right to refuse to register any domain name that, in our opinion, is libelous, defamatory, harassing, threatening, abusive, inflammatory, indecent, lewd, vulgar, obscene, pornographic, or otherwise objectionable. Since the registration process is automated, we reserve the right to review domain names after they are registered, and cancel names we deem inappropriate. Should this situation arise, the Customer may register another name at no extra cost, or ask for a refund of 75% of the registration fee (the other 25% being our administration fee).

  4. FEES, PAYMENT AND DURATION OF REGISTRATION. USP will not activate any domain name submitted by the Customer for registration, renewal or transfer unless USP receives from the Customer actual payment of all applicable fees. The fees schedule is set forth on our web site and should be consulted at the time of your application. All payments are non-refundable. Unless otherwise specified, the registration expires one year from the date of registration (except for registrations prior to 2 January 2002 which expired on December 31 of the year of registration), and is renewable in perpetuity thereafter for successive terms as specified on our web site. Any renewal of your registration with us is subject to our then current terms and conditions and payment of all applicable fees at the time of renewal. Names that are not renewed on or before the expiry date will be cancelled, and hence will become available to any party for new registration.

  5. ACCURATE INFORMATION. You agree to: (A) provide certain current, complete and accurate information about you as required by the application process; and (B) 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 registration service. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our registration service. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals nor for your providing outdated, incomplete or inaccurate information. In order for us to comply to the current rules and policies for the domain name system, you hereby grant to USP the right to disclose to third parties through an interactive publicly accessible registration database the following mandatory information that you are required to provide when registering or reserving a domain name: (i) the domain name(s) registered by you; (ii) your name and postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number and where available the fax number(s) of the technical, administrative and billing contacts for your domain name(s); (iv) the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s); (v) the corresponding names of those nameservers; (vi) the original creation date of the registration; and (vii) the expiration date of the registration. We, as are all accredited domain name registrars, are also required to make this information available in bulk form to third parties who agree not to use it to (a) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam) or (b) enable high volume, automated, electronic processes that apply to our systems to register domain names.

  6. MODIFICATIONS TO AGREEMENT. Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (i) revise the terms and conditions of this Agreement; and/or (ii) change part of the service 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 on our web site, or upon notification to you by e-mail or Fiji postal mail. You agree to periodically review our web site, including the current version of this Agreement available on our web site, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or postal mail, at the address specified on our web site. 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 USP's service after any revision to this Agreement or change in service, you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (a) any agent, representative or employee of any third party that you may use to apply for our services; or in (b) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of USP is authorized to alter or amend the terms and conditions of this Agreement.

  7. DOMAIN NAME DISPUTE POLICY. If you reserved registered, or renewed 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 version of the dispute policy may be found on our Web site. Please take the 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. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. 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. DOMAIN NAME DISPUTES. You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. 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 set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled.

  10. AGENTS. You agree that, if your agent (e.g., an Internet Service Provider, employee, etc.) purchased our services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the dispute policy. Your continued use of our services shall ratify any unauthorized actions of your agent. By acting on your behalf, your agent certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he or she has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund fees paid by you or your agent on your behalf for any reason, including, but not limited to, in the event that your agent fails to comply with the terms and conditions of this Agreement, your agent incorrectly provides information in the application process or if your agent changes or otherwise modifies your domain name record incorrectly.

  11. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to the service provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for the year of service in which the alleged breach supposedly occurred. USP and its contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use the USP service or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (a) loss or liability resulting from access delays or access interruptions; (b) loss or liability resulting from data non-delivery or data mis-delivery; (c) loss or liability resulting from acts of God; (d) loss or liability resulting from errors, omissions, or misstatements in any and all information or service provided under this Agreement; (e) loss or liability resulting from the development or interruption of your Web site; (f) loss or liability from your inability to use other Internet services; (g) loss or liability that you may incur in connection with our processing of your application for our service, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration fee or renewal fees; or (h) loss or liability as a result of the application of our dispute policy. In no event will USP be liable to the customer for any indirect or consequential loss or damage whatever as a result of disclosure of the Customer's password(s). Even if USP has been advised of the possibility of such loss or damage such advice shall not constitute the loss or damage if it arises as direct loss or damage. Any liability of USP whatever arising under this Agreement or otherwise in respect of the service shall be deemed to end 12 months after the date on which the customer ought reasonably to have known of the event giving rise to the liability. For the avoidance of doubt, the customer acknowledges and agrees that no claims or actions by the customer can be validly made after the expiry of 12 months following such date.

  12. INDEMNITY. You agree to release, indemnify, and hold USP, in our capacities as the registry and a registrar, and our contractors, agents, employees, officers, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising under this Agreement, the USP service provided hereunder or your use of the USP service, including without limitation infringement or dilution by you, or someone else using our services from your computer, of any intellectual property or other proprietary right of any person or entity, or a violation of any of our operating rules or policies relating to the service provided. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement.

  13. BREACH. You agree that your failure to abide by any provision of this Agreement, any operating rule or policy regarding our service, the dispute policy, or your willful provision of inaccurate or unreliable information as part of the application process, or your failure to update your information to keep it current, complete or accurate, or your failure to respond for over fifteen (15) calendar days to inquiries from us concerning the accuracy of the contact details associated with your domain name registration 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 ten (10) 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 without further notice. We will not refund any fees paid by you if we terminate your Agreement due to your breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.

  14. NO GUARANTEE. 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.

  15. REPRESENTATIONS AND WARRANTIES. You agree and warrant that: (i) the information that you or your agent on your behalf provide to us during the application process to register your domain name 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 that time, (ii) to the best of your knowledge and belief neither the registration of your domain name nor the manner in which you intend to use such domain name will directly or indirectly infringe the legal rights of a third party, (iii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, and (iv) you are of legal age to enter into this Agreement. You agree that your use of our service is solely at your own risk. You agree that our service is provided on an "as is," and "as available" basis.

  16. 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 WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE 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.

  17. REVOCATION. You agree that we may terminate your contractual right to use our service if the information that you are obligated to provide to register your domain name, or that you subsequently modify, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register your domain name or to continue to provide you domain name registration services. Furthermore, you agree that we may suspend, cancel or transfer your domain name registration services in order to: (i) correct mistakes made by us in registering your chosen domain name, or (ii) to resolve a dispute under our dispute policy. We will not refund any fees paid by you if we terminate your services.

  18. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register your chosen domain name. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register.

  19. SEVERABILITY. 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.

  20. ENTIRETY. You agree that this Agreement, the rules and policies published by us, and the dispute policy are the complete and exclusive agreement between you and us regarding our service. This Agreement, our rules and policies, and the dispute policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

  21. TRANSFER AND ASSIGNMENT. You may transfer your domain name registration to a third party of your choice, subject to any procedures and conditions we may display on our web site. 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 voidable at our option.

  22. GOVERNING LAW. You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Republic of Fiji Islands.

  23. AGREEMENT TO BE BOUND. By registering or renewing a domain name with USP, 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 us.

 

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