Registration Agreement
In this Registration Agreement ("Agreement") , the Registry refers to Congo Internet Management SPRL.
This Agreement is between the Registry and You, the applicant for .CD domain name registration, transfer or renewal services provided by the Registry. You are considered an Applicant upon completion and submittal of the Domain Name Application Form. For the purposes of this Agreement, you are also referred to as the Applicant after successful registration and use of the .CD domain name or other services that you have applied for.
A. Registration Policy
1. DOMAIN NAME CHOICE. You represent that, to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party and that the domain name is not being registered for any unlawful purpose.
2. NO GUARANTEE. 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 name.
3. 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 Uniform Domain Name Dispute Resolution Policy (http://www.icann.org/dndr/udrp/policy.htm). You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold the Registry harmless pursuant to the terms and conditions contained in the Dispute Policy.
4. PRE-REGISTRATION. The Registry may pre-register domain names that are applied for but not yet officially registered. Applying for a domain name does not guarantee a successful domain name registration, even if the domain name is pre-registered upon application. The successful registration of a domain name that is applied for depends on a number of factors that cannot be determined beforehand. In general, the Registry awards domain names on a first-come-first-serve basis.
5. DECENCY. The Registry reserves the right to refuse to register any domain name that is deemed, in the sole discretion of the Registry or its sponsoring organization to be in any way indecent or offensive, either politically, ethnically, sexually, or otherwise.
6. STANDARD PRACTICE. The Registry reserves the right to refuse to provide any domain name or other service that is deemed, in the sole discretion of the Registry or its sponsoring organization to be partly or fully against standard practice or to otherwise conflict with policies that are in effect.
7. NON-REGISTRATION. The registry shall not be liable for the situation where a domain name you applied for is not registered for whatever reason, including but not limited to interface problems with DNS hosting services. The registry assumes no liability for an order or a domain name suspension, cancellation, deletion, interruption or transfer due to procedures, rules or policies laid down by ICANN or the sponsoring organization, or due to practices, customs or prejudices of courts of law or arbitrators. Under no circumstances shall the Registry be held liable for any special, incidental or consequential damages, or for interrupted communications, lost data or lost profits incurred by you as a result of, or in connection with, a domain name registration or other services.
8. FEES. As consideration for the services you have selected, you agree to pay to the Registry the applicable fees, as published on http://www.nic.cd. In case of successful registration, all fees payable hereunder are non-refundable. 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 ("Account Information"). You, by completing and submitting this Agreement represent that the statements in your application are true. The fees are subject to change without notice at the Registry’s discretion.
9. REFUND. In the event the Registry does not register or reserve your domain name or register you for other services, or the Registry deletes your domain name or other services within thirty (30) calendar days from receipt of your payment for such services, the Registry agrees to refund your applicable fee(s). You agree that the Registry shall not be liable to you for loss or damages that may result from the Registry's refusal to register, reserve, or delete your domain name or register you for other services.
10. TERM. You agree that this Agreement will remain in full force during the term of your domain name registration as selected, recorded, and paid for upon registration of the domain name. Should you choose to renew the term of your domain name registration, then the term of this Agreement will be extended accordingly.
11. TRANSFER OF OWNERSHIP. Any transfer of ownership in and to a domain name registration shall be affected in accordance with the Registry’s policies and procedures. The terms and conditions of this Agreement shall apply accordingly.
12. THIRD PARTY LICENSING. Should you intend to license the use of a domain name to a third party you shall nonetheless be the domain name registrant of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for any harm caused by wrongful use of the domain name. You also represent that you have provided notice of the terms and conditions in this Agreement to the third party and that the third party agrees to the terms and conditions of this Agreement.
13. INFORMATION. As part of the registration process, you are required to provide the Registry certain information and to update the Registry promptly as such information changes such that the Registry's records are current, complete and accurate. You are obliged to provide the Registry the following information:
Your name and postal address (or, if different, that of the domain name holder).
The domain name being registered.
The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name.
The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name.
The Internet Protocol number of the primary name server and secondary name server(s) for each domain name registration and the corresponding names of those name servers.
Any voluntary information the Registry requests is collected such that the Registry can continue to improve the products and services offered to you through your Reseller.
These details will be publicly available through the Registry’s WHOIS directory.
14. FALSE INFORMATION. The Registry reserves the right to - at any time - refuse, cancel or revoke any registration(s) for which you have provided false contact information.
B. Contract Terms
15. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that the Registry may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on the Registry's web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement. You agree to review the Registry's web site, including the Agreement, periodically 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 the Registry with notice by e-mail as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by the Registry. You agree that, by continuing to use the services following notice of any revision to this Agreement or change in service(s), you shall abide by any such revisions or changes. You further agree to abide by the Uniform Domain Name Dispute Resolution Policy (http://www.icann.org/dndr/udrp/policy.htm) and as amended from time to time. 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 modifications, you may request that your domain name be deleted from the domain name database.
16. LIMITATION OF LIABILITY. You agree that the Registry's entire liability, and your exclusive remedy, with respect to any services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such service(s). The Registry 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 jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, the Registry's liability is limited to the extent permitted by law. The Registry disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from failure to deliver data correctly; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your service. You agree that the Registry will not be 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 the Registry have been advised of the possibility of such damages.
17. INDEMNITY. You agree to release, indemnify, and hold the Registry, its contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, from claims by third parties relating to or arising under this Agreement, the services provided hereunder or your use of the services, including without limitation infringement by you, or someone else using the service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of the Registry's operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold the Registry harmless pursuant to the terms and conditions of the Uniform Domain Name Dispute Resolution Policy (http://www.icann.org/dndr/udrp/policy.htm). When the Registry is threatened with a law suit by a third party, the Registry may seek written assurances from you concerning your promise to indemnify the Registry; your failure to provide those assurances may be considered by the Registry to be a breach of your Agreement and may result in deactivation of your domain name. This indemnification obligation will survive the termination or expiration of this Agreement.
18. BREACH. You agree that failure to abide by any provision of this Agreement or any applicable rule or policy may be considered by the Registry to be a material breach and that the Registry may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to the Registry, that you have not breached your obligations under the Agreement, then the Registry may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because the Registry did not act earlier in response to that, or any other, breach by you.
19. DISCLAIMER OF WARRANTIES. You agree that your use of the Registry's services is solely at your own risk. You agree that such service(s) is provided on an "as is," "as available" basis. The Registry 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. The Registry makes no warranty that the services will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free; nor does the Registry make any warranty as to the results that may be obtained from the use of the service(s) or as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of 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. The Registry makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from the Registry or through the service shall create any warranty not expressly made herein.
20. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that the Registry will make domain name registration information you provide available to third parties as applicable laws may require or permit. You hereby consent to any and all such disclosures, 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 the Registry. You may review the domain name registration information for the domain by using the Registry’s WHOIS directory. You may request changes to this information by sending the request by e-mail to admin@nic.cd. The Registry will not process data about any identified or identifiable natural person that the Registry obtains from you in a way incompatible with the purposes and other limitations described in this Agreement. The Registry will take reasonable precautions to protect the information the Registry obtains from you from the Registry's loss, misuse, unauthorized access or disclosure, alteration or destruction of that information
21. REVOCATION. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to the Registry, or any failure to respond to inquiries by the Registry addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the WHOIS directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Any information collected by the Registry concerning an identified or identifiable natural person (“Personal Data”) will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or an ICANN/Registry Operator policy.
22. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
23. NON-WAIVER. the Registry's 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 the Registry of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
24. 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.
25. ENTIRETY. You agree that this Agreement, the rules and policies published by the Registry and the Dispute Policy are the complete and exclusive agreement between you and the Registry regarding the Registry's services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
C. General
26. LEGAL AGE. You attest that you are of legal age to enter into this Agreement.
27. OVERRIDING AGREEMENT. In the event that this agreement may be inconsistent with any term, condition, policy or procedure of any registrar, reseller or ANY other entity that makes agreements for the use of domain names in the CD zone, the terms of this agreement shall prevail.
28. AGREEMENT CONSTRUCTION. Headings and clause labels are for ease of lecture only; no other meaning, whether implicit or explicit, shall be inferred therefrom.
29. AUTHORITATIVE LANGUAGE. The source version of this document is written in the French language. You acknowledge and agree that the French language version hereof shall prevail over other versions in case of inconsistency or contradiction in interpretation or translation.
30. ANNOUNCEMENTS. The Registry reserves the right to distribute information to you that is pertinent to the quality or operation of the Registry's services and those of the Registry's 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.
31. NOTICES. Any notice, direction or other communication from the Registry given under this Agreement shall be in writing and given by sending it via e-mail to the e-mail address provided by you in your WHOIS record or via regular mail. 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 4:00 p.m. Central European Time, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 15 business days after the postmarked date of mailing.
All correspondence to the Registry shall be sent per e-mail to the following address: admin@nic.cd
32. GOVERNING LAW. This Agreement shall be governed by and interpreted and enforced in accordance with the Laws of the Democratic Republic of Congo. Any action relating to this Agreement must be brought in the courts of Kinshasa in the Democratic Republic of Congo, and you irrevocably consent to the jurisdiction of such courts.
33. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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