TERMS AND CONDITIONS FOR THE REGISTRATION OF A TT INTERNET DOMAIN NAME
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1. Definitions.
1.1 Administrative Contact means the person or organization appointed by a Registrant to manage the administrative dealings of the Domain Name and the person to whom all enquiries relating to the Domain Name may be sent.
1.2 Applicant means a person seeking to register a Domain Name with the Registry.
1.3 Billing Contact means the person or organization responsible for making any payments due under the Registration Agreement to the Registry.
1.4 Domain Name means an internet domain name ending in .tt managed by the Registry.
1.5 Domain Name Application Form means the form published by the Registry for the purpose of soliciting information from the Applicant, which can be found on the Registry’s website at https://www.nic.tt/cgi-bin/fsub.pl .
1.6 Domain Policies means the TT Domain Name Criteria and the TTNIC Policies which can be found on the Registry’s website at https://www.nic.tt/rules.shtml
1.7 Dispute Policy means the Uniform Domain Name Dispute Resolution Policy which can be found on ICANN’s website at https://www.icann.org/resources/pages/policy-2012-02-25-en
1.8 ICANN means the Internet Corporation for Assigned Names and Numbers, an internationally organised non-profit organisation.
1.9 Register means a database maintained by the Registry containing the zone file(s) of one or more Domain Names, including lower-level domain names, corresponding Internet Protocol addresses and related data.
1.10 Registrant means the person who is entered into the Register as the person responsible for the Domain Name.
1.11 Registry means the TTNIC.
1.12 Registration Agreement shall mean the:
(i) Domain Name Application Form;
(ii) Terms and Conditions;
(iii) Domain Policies; and
(iv) Dispute Policy.
1.13 Registration Fee shall mean the fee to be paid in connection with an application to register a Domain Name which can be found on the Registry’s website at https://www.nic.tt/fee.shtml
1.14 Renewal Fee means the fee to be paid in connection with the renewal of a Domain Name registration which can be found on the Registry’s website at https://www.nic.tt/fee.shtml.
1.15 Terms and Conditions means these Terms and Conditions for the registration of a Domain Name which can be found on the Registry’s website at https://www.nic.tt/agreement.shtml
1.16 Tradename means a name used in the course of trade and by way of business.
1.17 Transaction Fee means the Registration Fee and/or the Renewal Fee, as applicable, payable to the Registry.
1.18 Transferee means a person or body to whom the Domain Name is assigned.
1.19 TTNIC means the T&T Network Information Centre Limited, a company incorporated under the laws of Trinidad and Tobago, and which is a member of the Country Code Names Supporting Organisation, a body within the ICANN structure.
2. Scope
2.1 These Terms and Conditions shall apply to any application to register a Domain Name with the Registry and the subsequent registration, use and renewal of the registration of the Domain Name.
2.2 By completing and submitting a Domain Name Application Form for consideration and acceptance by the Registry, the Applicant acknowledges that he has read the Registration Agreement.
2.3 In the event that a Domain Name is registered or such registration is renewed in the Register, the Registrant agrees to be bound by the provisions of the Registration Agreement.
3. Fees and Payments.
3.1 As consideration for the registration of the Domain Name with the Registry, the Registrant agrees to pay the Transaction Fee to the Registry in accordance with these Terms and Conditions.
3.2 Receipt of the Transaction Fee by the Registry, or the Registry's duly appointed agent, within the time prescribed by these Terms and Conditions shall constitute confirmation of the Registrant's acceptance of the Registration Agreement.
3.3 The Registry shall have no obligation to activate a Domain Name or include the Domain Name and Registrant in the Register unless and until it has received payment of the Registration Fee within the time prescribed by these Terms and Conditions.
3.4 All payments made to the Registry in connection with the application for the registration of the Domain Name, or the renewal of the Domain Name registration, shall be non-refundable, even if the Domain Name Registration is suspended, cancelled or transferred prior to the end of the current registration term.
3.5 The Registration Fee shall cover the administrative cost of processing the application, the cost of registration and maintenance cost for a period of three (3) years from the date of initial registration of the Domain Name in favour of the Registrant. Each successive Renewal Fee shall cover the administrative cost of renewal and maintenance cost for a further three (3) years.
3.6 In the event that the Registrant uses a Billing Contact for the purposes of making any required payments, the Registry shall first seek payment from the Billing Contact. In the event that the Billing Contact fails to make such payment, for whatever reason, the Registry may, but is not obligated to, seek to recover the payment from the Registrant.
3.7 The Registry will issue an invoice to the Registrant setting out the Registration Fee, which invoice is required to be settled in full within thirty (30) days of the invoice date for renewals and within (15) days of the invoice date for new applications.
3.8 Sixty (60) days prior to the expiration of the term of registration the Registry will notify the Registrant of the expiration date of the registered Domain Name and issue an invoice to the Registrant setting out the Renewal Fee, which invoice is required to be paid in full on or before the expiration of the term of the registration.
3.9 The Registry will send another renewal reminder consisting of an email message sent to the Administrative Contact approximately one week before the Domain Name’s expiration date. The Registry reserves the option, but is not obliged, to send additional renewal reminder notices to any other email address provided by the Registrant in the Domain Name Application Form and to send additional renewal reminders at times other than the times set out herein.
3.10 The Registrant agrees and acknowledges that it is solely responsible for maintaining its records and reminders regarding the due date to renew the registration of the Domain Name.
3.11 The Registration Fee and the Renewal Fee, as the case may be, shall be paid by such means and methods as may be specified from time to time by the Registry.
3.12 Acceptable forms of payment are Credit Card, Cheque, Cash and Wire Transfer; provided however, that the Registry may in its discretion and at its option, require the Registrant to pay any Transaction Fee through a particular payment method or that the Registrant change from one payment method to another.
3.13 If the Registrant fails to pay any Transaction Fee within the time prescribed by these Terms and Conditions, the Registry may, in its sole discretion and without prejudice to any other right available to it, cancel the registration and immediately deny the Registrant access to the Domain Name without any prior notice to the Registrant.
3.14 The Registry expressly reserves the right to change or modify the Transaction Fees at any time and any such changes or modifications shall be posted on the Registry’s website and shall be effective immediately without the need for further notice to the Registrant; provided however, that the changes or modifications in prices and fees shall be effective when the Domain Name registration comes up for renewal.
4. Accuracy of Information.
4.1 As further consideration for the registration and/or renewal of the Domain Name, the Registrant shall be required to provide the information requested in the Domain Name Application Form and the associated contact registration form as applicable. The Registry shall take reasonable precautions to protect the personal information of the Applicant or Registrant from loss, misuse, unauthorized access or disclosure, alteration or destruction.
4.2 The Registrant represents and warrants that all information provided in the Domain Name Application Form is true and correct at all material times and that it will ensure that all email addresses of the Registry are whitelisted at all material times.
4.3 The Registrant agrees to maintain and update the information provided to the Registry as part of the application and/or registration and/or renewal process as needed to keep it current, complete and accurate and further agrees to promptly notify the Registry of any future changes to such information and in any event no later than ten (10) business days of such change in accordance with the domain name modification procedures in place at that time. In particular, the Registrant warrants that it will update the Administrative Contact or Billing Contact information directly on the Registry’s website at https://www.nic.tt/cgi-bin/cmod.pl
4.4 The Registry shall have no obligation to screen information submitted by the Registrant to determine the accuracy of the information held by the Registry nor to determine whether the information may infringe upon the right(s) of a third party, but may rely on the representations and warranties provided by the Registrant. The Registrant agrees that, by the registration of the Domain Name, such registration does not confer immunity from objection to either the registration or use of the Domain Name by any party.
4.5 The Registry reserves the right to cancel the Domain Name if the Registration Agreement, or subsequent modification(s) thereto, contains false or misleading information, or conceals or omits any information the Registry would likely have considered material to its decision to accept the Domain Name application and allocate the Domain Name to the Registrant.
4.6 A Registrant's provision of inaccurate or unreliable information, its failure promptly to update information provided to the Registry, or its failure to respond for over five (5) calendar days to inquiries by the Registry concerning the accuracy of contact details associated with the Domain Name, for whatever reason, shall constitute a material breach of the Registration Agreement and shall be a basis for cancellation of the registration of the Domain Name.
4.7 The Registry's remedies against the Registrant for any breach of this clause shall continue to be available notwithstanding any modification, surrender, cancellation or transfer of the registration of the Domain Name.
4.8 The Registrant represents and warrants that it has exercised its best efforts to determine that neither the registration of the Domain Name nor the manner in which it will be directly or indirectly used shall infringe upon or otherwise violate the legal rights of any third party.
4.9 The Registrant represents and warrants that, to the best of the Registrant's knowledge, the registration and use, direct and indirect, of the Domain Name does not violate any applicable laws or regulations.
4.10 In the event the Registrant licenses the use of the Domain Name to a third party, the Registrant shall nonetheless continue to be considered the holder of record of the Domain Name and shall be responsible for (i) providing its own full contact information, (ii) providing full contact information for its licensee, and (iii) for providing and updating accurate technical, administrative, and other contact information adequate to facilitate timely resolution of any problems that may arise in connection with the Domain Name.
5. Acceptance.
The Registration Agreement shall be deemed accepted at the offices of the Registry following the receipt of all payments by the Registry in accordance with Article 3.
6. Confidentiality.
6.1 By submitting the Domain Name Application Form and in the event that the Domain Name is registered, the Registrant gives his consent to the inclusion of his name, contact details and other details relating to the registration and/or renewal of the Domain Name in the Registry and in the event that the Registrant provides information about third parties, including the Administrative Contact and Billing Contact, if any, the Registrant further represents and warrants that he has notified such third party of the inclusion of their information in the Registry and he has obtained such third party’s consent to such inclusion.
6.2 The Registry shall be permitted by the Registrant to allow other organizations and members of the public to access the name of the Registrant and the nameservers in connection with the Domain Name for the purpose of searching or inspecting the Register or for any purpose as required or permitted by applicable laws. The Registrant irrevocably waives any and all claims and causes of action he may have arising from such disclosure or use of such information.
7. Domain Name Policies.
The Registry will process the application and consider whether to accept or reject it in accordance with the terms of the Registration Agreement, and in particular, based on its compliance with the criteria laid down in the Domain Policies in force at the time of the application for registration, transfer or renewal.
8. First Come, First Served.
The Registry shall register Domain Names on a first come, first served basis. The Registry does not provide pre-registration or reservation of a Domain Name. The Registrant agrees not to take any steps in reliance upon the application for a Domain Name before it becomes a registered Domain Name entered in the Register.
9. Right of Refusal.
9.1 The Registry, in its sole and absolute discretion, reserves the right to refuse to register a Domain Name in favour of an applicant.
9.2 The Registrant agrees that the submission of an application to register a Domain Name does not in any way obligate the Registry to register the Domain Name.
9.3 The Registrant agrees that the Registry shall not be liable for loss or damages that may result from the Registry's refusal to accept an application by the Registrant to register a domain name.
10. Dispute Policy.
In the event that the Domain Name is registered, the Registrant agrees to be bound by the Dispute Policy which forms part of the Registration Agreement. The Registrant agrees that the Dispute Policy may be changed by ICANN (or ICANN’s successor) at any time and that such change will be binding upon it.
11. Third-Party Complaints.
The Registrant agrees that any dispute with any party other than the Registry arising out of or in connection with the use of the Domain Name or any other listing information shall be subject to the provisions specified in the Dispute Policy.
12. Agents.
The Registrant agrees that if an agent for the Registrant, such as an ISP or the Administrative Contact, completes the Registration Agreement for and on behalf of the Registrant the Registrant is nonetheless bound as a principal by the Registration Agreement, including the Dispute Policy.
13. Breach.
The Registrant agrees that failure to abide by any provision of the Registration Agreement may be considered by the Registry to be a material breach and that the Registry may, but is not obliged to, provide a written notice, describing the breach, to the Registrant. If, within thirty (30) days of the date of sending such notice by electronic mail, the Registrant fails to provide evidence, which is reasonably satisfactory to the Registry that it has not breached its obligations, then the Registry may cancel the Registrant's registration of the Domain Name. Any such breach by a Registrant shall not be deemed to be excused simply because the Registry did not act earlier in response to that, or any other, breach by the Registrant.
14. Cancellations, Transfers, and Changes.
14.1 The Registry reserves the right to cancel, transfer or otherwise make changes to the Registrant’s Domain Name registration under the following circumstances:
(i) The Registry's receipt of written instructions via electronic mail from the Registrant or the Administrative Contact to take such action;
(ii) The Registry's receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action;
(iii) The Registry's receipt of a decision of an Administrative Panel (as defined in the Dispute Policy) requiring such action in any administrative proceeding to which the Registrant was a party pursuant to the Dispute Policy; and/or
(iv) To comply with the resolution of a dispute concerning a Domain Name registered in favour of the Registrant under another Registry's domain name dispute resolution policy that is identical to the Dispute Policy in all material respects.
14.2 In the event of a material breach by the Registrant of any provision of the Registration Agreement, the Registry, in its sole and absolute discretion, shall have the right to immediately cancel the Domain Name registration, without any prior notice to or refund entitlements of the Registrant and without prejudice to any other remedies to which the Registry may be entitled.
14.3 The Registry also reserves the right to cancel, transfer or otherwise make changes to the Domain Name registration in accordance with any applicable law.
15. Limitation of Liability.
15.1 The Registrant agrees that the Registry shall have no liability to the Registrant for any loss or damages arising:
(i) in connection with the Registry's processing of an application for Domain Name registration; or
(ii) in connection with the Registry's processing of any authorized modification to the Domain Name record during the period of any registration; or
(iii) from the refusal of the Registry to accept any application for registration or renewal; or
(iv) as the result of any failure on the part of the Billing Contact to pay either the Registration Fee or the Renewal Fee; or
(v) as a result of the application of the Dispute Policy.
15.2 To the extent permitted by law, the Registrant agrees that in no circumstances shall the Registry be liable for any indirect, special, incidental or consequential damages, including loss of profit, loss of business or anticipated savings, suffered by the Registrant as a result of use or loss of use of the Domain Name whether in contract, tort (including negligence) or otherwise.
15.3 The Registrant agrees that the Registry shall not be liable for any suspension or loss of registration or loss of use of the Domain Name, or for interruption of the Registrant’s business, interruption of the availability of the Domain Name, access delays or access interruptions to the Registry’s website or delays or access interruptions experienced by the Registrant in relation to a Domain Name or data non-delivery.
15.4 Without prejudice to the foregoing and to the extent permitted by law, the Registrant agrees that any liability of the Registry to the Registrant shall not exceed the lesser of 10% of the Registration Fee or Renewal Fee paid by the Registrant to the Registry for the current period of registration or One Hundred United States Dollars (US$100.00).
16. Indemnity.
16.1 The Registrant shall indemnify, defend and hold harmless the Registry and any of its directors, officers, employees and agents from all liabilities, claims and expenses (including legal costs and expenses) from any claim by a third party arising out of or in connection with, without limitation (i) the registration, use, transfer, renewal, change or cancellation of a Domain Name or any other listing information, or (ii) the implementation by the Registry of any order or decision referred to in Article 3 of the Dispute Policy. Such claims shall include, without limitation, those based upon intellectual property trademark or service mark infringement, Tradename infringement, dilution, tortious interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation. Such obligation shall continue in effect after the termination or cancellation of the Registration Agreement.
16.2 The Registry recognizes that certain educational and government entities may not be able to provide indemnification. If the Registrant is (i) a governmental, educational or non-profit entity; and (ii) not permitted by law or under its organizational documents to provide indemnification, the Registrant must notify the Registry in writing before making payment to the Registry and, upon receiving appropriate proof of such restriction, the Registry shall endeavour to provide an alternative indemnification provision for such Registrant.
17. Intellectual Property Rights.
The Registry does not accept any responsibility for the use of the Domain Name or information generally held in the Registry and, in particular, for any conflict with trademarks, registered or unregistered, or with any other intellectual property rights.
18. Modification or Surrender of Domain Name.
18.1 Subject to Clause 18.2, the Registrant (either directly or via an agent) may modify any detail of the registration of the Domain Name by completing the Domain Modification Form available on the Registry’s website at https://www.nic.tt/cgi-bin/dmod.pl. Any such change to the registration details will take effect immediately save for nameserver changes which will take effect as soon as practicable.
18.2 Any change to the Registrant’s name can only be effected if there has been an official name change of the Registrant as evidenced by documentation from the country of which the Registrant is a citizen, which documentary evidence must be sent to the Registry in support of the application to modify the Registrant’s name. In the event the application for name change is not accepted, the Registry undertakes to notify the Registrant within two (2) business days of submission of the Domain Modification Form.
18.3 The Registrant may surrender the Domain Name at any time by delivering a written request to Registry to delete the Domain Name; provided however that the Registrant shall not be entitled to any refund of the Transaction Fee or any part thereof paid to the Registry in connection with the registration of the Domain Name.
19. Termination.
19.1 The Registrant may terminate this Registration Agreement before its expiration by a written request sent to the Registry to cancel the Domain Name from the Registry and delete all associated records in accordance with the procedures established by the Registry for such purposes.
19.2 Without prejudice to any other provision in the Registration Agreement, the Registry may suspend or terminate the Registration Agreement before its expiration in the event that the Registry determines, in its sole discretion, that there was: a material misrepresentation, material inaccuracy or materially misleading statement in the information provided in the Domain Name Application Form or in any subsequent modification thereof; any payment irregularity; a material allegation of illegal conduct; or abuse of the Domain Name registration.
19.3 Termination of the Registration Agreement shall not determine rights and obligations between the parties that are of a continuing nature nor shall modification, surrender, cancellation or transfer of the Domain Name extinguish any rights that have accrued under the terms of the Registration Agreement; provided however, that the Registrant agrees that if the Registry terminates this Registration Agreement pursuant to Clause 19.2, it may then, in its sole discretion, terminate or suspend the Registration Agreement in respect of any other Domain Name held by the Registrant.
19.4 In the event of termination, the Registry is within its rights to register the Domain Name to another person.
20. Assignment.
These Terms and Conditions shall be binding upon, and enure to the benefit of, the parties to the Registration Agreement and their respective successors and permitted assigns, and references to a party in these Terms and Conditions shall include its successors and permitted assigns.
21. Renewal.
The Registry may vary the provisions of the Registration Agreement at any time, which varied Registration Agreement shall be posted on the Registry’s website and shall be effective when the Domain Name registration comes up for renewal without the need for further notice to the Registrant.
22. Governing Law.
This Registration Agreement shall be governed in all respects by and construed in accordance with the laws of the Republic of Trinidad and Tobago.
23. Jurisdiction.
For the adjudication of disputes between the Registry and the Registrant concerning or arising out of the registration and use of the Domain Name, the Registrant consents to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of Trinidad and Tobago.
25. Notice.
25.1 Except as otherwise provided in this clause any notice or other communication to be given under the Registration Agreement shall be in writing and may be delivered personally by hand or sent by electronic mail, to the party to whom it is given at its last known postal or electronic mail address. The notice will be deemed to have been duly received: if delivered by hand, on delivery and if sent by electronic mail, within twenty four (24) hours if sent by electronic mail to the current electronic mail address of the addressee as disclosed to the other party in accordance with the Registration Agreement.
25.2 Any notices to the Registrant resulting from the resolution of a dispute under the provisions of the Dispute Policy shall be validly delivered if sent by electronic mail to the address of the Administrative Contact as specified in the Domain Name Application Form.
26. Non-Agency.
Nothing contained in the Registration Agreement shall be construed as creating any agency, partnership or other form of joint enterprise between the Registry and the Registrant.
27. Severability.
In the event that any provision of the Registration Agreement shall be found to be unenforceable or invalid under the applicable law or be so held by any applicable decision of a Court, the remaining provisions shall not be affected and shall continue to be binding. The Registry shall use its best endeavours within one (1) month of being notified that any such provision is unenforceable or invalid as aforesaid to substitute a valid and enforceable provision which achieves, to the extent possible, the original objectives and intent of the Registry as reflected in the original provision.
28. Clause Headings.
Clause headings are for ease of reference and are not part of these Terms and Conditions and accordingly shall not affect its interpretation.
29. Waiver
No failure or delay on the part of the Registry to require the Registrant’s performance of any provision of the Registration Agreement or to exercise any right or remedy under the Registration Agreement or by law shall constitute a waiver of the Registry’s right to require such performance at any time thereafter or to enforce any provision under the Registration Agreement or conferred by law.
30. Entirety of Understanding.
The Registrant agrees that the Registration Agreement is the complete and exclusive agreement between the Registrant and the Registry regarding the registration of the Domain Name. The Registration Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy, or precedent. Except where provided otherwise in the Registration Agreement, no variation may be made to the Registration Agreement unless such is in writing and signed by a duly authorized representative of the Registrant and the Registry.
END OF DOCUMENT.