Domain Registration Agreement for GTLD
This document sets out the terms and conditions of your application for a Domain Name, and if successful, your Domain Name Licence. It records the agreement between you, the applicant or holder of a Domain Name Licence, and us, the registrar, in relation to the Domain Name. By submitting this application for a domain name, you confirm that you are eligible to hold the domain name set out in this application, and that all information provided in this application is true, complete and correct, and is not misleading in any way. If any information is later found to be not true, or is incomplete, incorrect, or misleading in any way, or if you have submitted this application in bad faith, the domain name license can be cancelled.
1) Summary Of Terms and Conditions
1.1 If your application for a domain name is accepted and approved, you will be granted a Domain Name Licence for the period specified in the application for that domain name
1.2 You are required to make several statements to us in relation to your domain name application - please read them carefully to ensure that those statements are correct
1.3 You are entitled to transfer your domain name registration to another registrar, and we will facilitate such transfer for you according to our obligations under ICANN's Published Policies (see http://icann.org)
1.4 You are bound by the Uniform Domain Name Dispute Resolution Policy (UDRP) in relation to your registered domain name, as well as such other dispute resolution policy which may be adopted by ICANN from time to time
1.5 You accept that our liability to you under these terms and conditions is limited to the cost of the Domain Name Licence
2) Definitions
In this document, unless the context requires otherwise:
2.1 ICANN means Internet Corporation for Assigned Names and Numbers which is responsible for coordinating the maintenance and procedures of several databases related to the namespaces of the Internet
2.2 Domain Name means the domain name which is the subject of your application, and if successful, the Domain Name Licence
2.3 Domain Name Licence means your licence to use the Domain Name which is the subject of your application
2.4 Published Policies means those specifications and policies established, published and enforced by ICANN from time to time in accordance with its constitution, and can be found at ICANN's website at http://icann.org
2.5 Registry means the operator of the domain names registry for the Domain Name:
2.5.1 Verisign is the registry for .com & .net TLDs
2.5.2 Public Interest Registry (PIR) is the registry for .org TLD
2.5.3 Afilias is the registry for .info TLD
2.6 We, our or us refers to Emirates Telecommunications Corporation - Etisalat the registrar of record for your Domain Name Licence
2.7 You or your refers to the person applying for, or the holder of, a Domain Name Licence
3) General Terms
You are bound by the terms of this document, even if you have entered into this document through an agent, and even if you licence the use of the Domain Name to another person.
Domain name application and registration
3.1 Your application for a Domain Name must be in the form prescribed under the Published Policies. The Domain Name must comply with the Published Policies.
3.2 You accept that even if we have accepted and approved your Domain Name application, the application may still be rejected by the Registry in performing its final integrity checks.
3.3 You accept that neither you, nor we, have any proprietary right arising from the registered Domain Name, or the entry of a Domain Name in the domain names registry.
4) Domain Name Licence
4.1 Your Domain Name Licence will be effective for 1, 2, 3, 4, or 5 years depending on the period of registration indicated in the application, once:
a. Your application is accepted and approved by us and by the Registry, and
b. You have paid the applicable fees.
c. Unless it is cancelled earlier under the terms of this document or under any Published Policies.
4.2 Your Domain Name Licence may be renewed depending on the period of renewal, as long as you:
a. Pay the applicable renewal fees, and
b. Continue to meet the eligibility criteria prescribed in the Published Policies.
4.3 You accept that it is your responsibility to ensure that your Domain Name Licence is renewed.
4.4 You may cancel your Domain Name Licence at any time by notifying us in writing.
4.5 We may cancel your Domain Name Licence if you breach any provision of this document.
5) General Provision to all Registration
5.1 You shall provide to us accurate and reliable contact details and correct and update us within seven (7) days of any change during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; the names of the primary nameserver and secondary nameserver(s) for the Registered Name; the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; and the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name.
5.2 If you fail to provide us with updated information within seven (7) days of any change, or failure to respond for over fifteen (15) days to our inquiries concerning the accuracy of contact details associated with the your registration, it shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for suspension and/or cancellation of the domain name registration.
5.3 If you intend to license the use of a domain name to a third party, you are responsible for providing its 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 Registered Name. You shall accept liability for harm caused by wrongful use of the Registered Name, unless you disclose the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing you a reasonable evidence of actionable harm.
5.4 We will provide notice to each new or renewed Registered Name Holder stating:
5.4.1 The purposes for which any Personal Data collected from the applicant are intended;
5.4.2 The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);
5.4.3 Which data are obligatory and which data, if any, are voluntary; and
5.4.4 How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them.
5.5 You shall consent to the data processing referred to in Subsection 5.4.
5.6 You shall represent that notice has been provided equivalent to that described in Subsection 5.4 to any third-party individuals whose Personal Data are supplied to us by you, and that you have obtained consent equivalent to that referred to in Subsection 5.4 of any such third-party individuals.
5.7 We shall agree that we will not process the Personal Data collected from you in a way incompatible with the purposes and other limitations about which it has provided you in accordance with Subsection 5.4 above.
5.8 We shall agree that we will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
5.9 You shall represent that, to the best of your knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
5.10 For the adjudication of disputes concerning or arising from use of the Registered Name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where we, your Registrar, is located.
5.11 You shall agree that the registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.
5.12 You shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration.
6) Our Obligations To You
6.1 Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.
6.2 We will give you immediate notice if:
a. We are no longer an accredited registrar, or
b. Our ICANN Accreditation is suspended or terminated, or
c. Our registrar agreement with the Registry is terminated by the Registry
6.3 the Registry may post notice of:
a. The fact that we are no longer an accredited registrar, or
b. The suspension or termination of our ICANN Accreditation, or
c. The termination of our registrar agreement with the Registry on its website and may, if it is considered appropriate, give such notice to you directly.
7) Your Obligations To Us
7.1 You must comply with the Published Policies, as if they were incorporated into and form part of, these terms and conditions. In the event of any inconsistency between any Published Policy and this document, then the Published Policy will prevail to the extent of such inconsistency.
7.2 You acknowledge that under the Published Policy:
a. There are mandatory terms and conditions that apply to all Domain Name Licences, and such terms and conditions are incorporated into, and form part of, these Terms and Conditions, and
b. You are bound by, and must submit to, the Uniform Domain Name Dispute Resolution Policy (UDRP), and
c. The Registry may delete or cancel the registration of your domain name.
7.3 Throughout the period of your Domain Name Licence, you must give notice to the Registry (through us) of any change to any information which you have given us.
7.3.1 You must not, directly or indirectly, through registration or use of its Domain Name or otherwise:
a. Register a Domain Name for the purpose of diverting trade from another business or website;
b. Deliberately register misspellings of another entity's company or brand name in order to trade on the reputation of another entity's goodwill; and
c. Register a Domain Name and then passively hold a Domain Name License for the purpose of preventing another registrant from registering it.
7.3.2 You must not in any way:
a. Transfer or purport to transfer a proprietary right in any Domain Name Registration;
b. Grant or purport to grant a registered Domain Name as security; or
c. Encumber or purport to encumber a Domain Name Registration.
d. The Registry may delete or cancel the registration of a domain name.
8) Expiry, Renewal and Deletion
All renewals will be subject to the terms & conditions of this Agreement, which maybe amended from time to time. You acknowledge and agree to be bound by the terms & conditions of this Agreement for all domain name renewals.
You are responsible in renewing your domain name before the expiry date. We will send you renewal notifications by email before the expiry date of the domain name. You can renew an expired domain name at no extra cost up to 41 days from the date of expiry. If you renew an expired domain name any time after 41 days, you will pay a redemption fee of AED 210.00, this is available for 30 days from the 41 days grace period. The domain name might not be available for renewal after this grace period and maybe deleted.
You agree that we will not be responsible for cancelled domain names that you fail to renew, in the timeframes indicated in this Agreement.
9) Use Of Your Information
9.1 You give to:
a. The Registry, the right to publicly disclose to third parties, all information in relation to the registered Domain Name in accordance with the Published Policies;
b. Us (Emirates Telecommunications Corporation - Etisalat), the right to disclose to the Registry, all information which is reasonably required by the Registry in order to register the Domain Name in the domain names registry;
c. The Registry, the right to publicly disclose to third parties, all information related to the registered Domain Name to enable the Registry to maintain a public WHOIS service, provided that such disclosure is consistent with all relevant ICANN Policies.
10) Dispute Resolution
10.1 ICANN has in place a dispute resolution called the UDRP (Uniform Domain Name Dispute Resolution Policy), which applies in the event of a dispute between a registrar and a domain name licence holder, or between a domain name licence holder and a third party, in relation to entitlements to domain names.
10.2 The UDRP binds you and us severally as if it were incorporated in this document.
10.3 You accept that:
a. ICANN may develop and implement other dispute resolution policies which are accessible by you as an alternative and further to any complaints handling procedure adopted by us, and
b. Such policies bind you and us severally as if they were incorporated in this document.
11) Transfer Of Registrars
11.1 We will ensure that you can easily transfer your Domain Name registration to another registrar in accordance with the Published Policies. The Published Policies will address such matters as:
a. The maximum fees which we can charge you for such transfer,
b. When we are not allowed to charge you fees,
c. The conditions under which we must transfer the registered Domain Name, and
d. The conditions under which we are entitled not to transfer the registered the Domain Name.
11.2 If:
a. We are no longer an accredited registrar, or
b. Our ICANN Accreditation is suspended or terminated, or
c. Our registrar agreement with the Registry is terminated by Registry, then we will transfer the registered Domain Name to a new registrar in accordance with the Published Policies within 30 days of a written notice being provided to you by the Registry.
11.3 If our registrar agreement with the Registry is terminated, Emirates Telecommunications Corporation - Etisalat will not charge you any fee for the transfer of the registered Domain Name to another registrar.
12) Liability
12.1 You must not pursue any claim against the Registry or against us, and to the fullest extent permitted by law, neither the Registry nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind, including but not limited to losses or damages resulting from loss of use, lost profits, loss or corruption of data, business interruption, lost business revenue or third parties damages, arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of the Registry or us, or any of the Registry's or our employees, agents or contractors, including but not limited to any breach by us of our obligations under these Terms and Conditions, or under our registrar agreement with the Registry.
12.2 You agree to indemnify, keep indemnified and hold the Registry and us, and the Registry'€™s and our employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your registration or use of the Domain Name.
12.3 You accept and agree that if we have any outstanding fees owing to the Registry, which gives the Registry a right to terminate our registrar agreement with the Registry, then the Registry may in its sole discretion terminate the registrar agreement.
12.4 You accept and agree that neither the Registry nor we are responsible for the use of any Domain Name in the domain names registry, and that the Registry is not responsible for any conflict or dispute with any actual or threatened claim against a Registrar or a Domain Name Licence holder, including one relating to registered or unregistered trademark, a corporate, business or other trade name, rights relating to a name or other identifying indicium or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.
12.5 Despite any other provision of this document, and to the fullest extent permitted by law, neither the Registry nor we are liable to you for consequential, indirect or special losses or damages of any kind (including without limitation, loss of profit, loss or corruption of data, business interruption or indirect loss) suffered by you as a result of any act or omission whatsoever of the Registry or us, and our respective employees, agents, or subcontractors.
13) VAT
13.1 For the purpose of this Agreement VAT means a tax imposed on the import and supply of Goods and Services at each stage of production and distribution, including the Deemed Supply, in accordance with the provisions of Federal Decree-Law No.(8) of 2017 on Value Added Tax, which shall regulate any related Documents such as tax invoice, debit/credit notes, etc.
13.2 Unless stated to the contrary and otherwise provided in this Agreement, any Charges are exclusive of VAT or any similar tax.
13.3 Any VAT amounts due to Etisalat under this Agreement shall be payable no later than 14 days from the earliest of the date of the VAT invoice or of the supply of goods or services.