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.je terms & conditions
CHANNEL ISLANDS INTERNET DOMAIN NAME REGISTRY
Terms & Conditions for Registration of Internet Domain Names (.GG & JE)
1. Applicability
1.1. These Terms & Conditions apply to all
registrations, applications for
registration, maintenance, cancellation
and disputes relating to internet
domain names ending in ‘.GG’ or ‘.JE’.
1.2. You agree that by applying for a .GG
or .JE Internet domain name, and/or
by continued use of such domain
name, you will comply with the terms
of the Registry's current naming
standards, policies and these Terms &
Conditions for Registration as may be
amended from time to time. In the
event that at any time you do not
accept the Terms & Conditions in force
for the time being, you must tell us this
and cancel the registration agreement.
1.3. These Terms and Conditions apply
regardless of whether the domain
name is registered (or is being applied
for) through an agent such as Internet
Service Provider, Name Registration
company or other third party, or
directly with Island Networks’ Channel
Islands Internet Registry.
1.4. No person or company is authorised to
vary or modify the terms of this
contract of registration for .GG or .JE
domain names save that the Registry
may update the Terms & Conditions
which become effective from time to
time whether on any future renewal or
extension or continuance of the
domain’s name resolution service.
1.5. By making an application to register,
by registering, using, continuing to
use, maintaining cancelling or
disputing a .GG or .JE domain name in
the Domain Name System (DNS) you
confirm that you agree as follows:
2. Registration of domain names
2.1. An application for an Internet Domain
Name is an offer to enter into a
contract with the Registry for domain
name registration under these Terms
and Conditions..
2.2. You agree, upon acceptance of your
application by the Registry to pay any
Application Fee (where applicable) and
at least one year's fee in advance for
maintaining the name in the Internet
Domain Name System (the “Name
Resolution Fee”).
2.3.
Acceptance of an application to
register an Internet Domain Name is at
the Registry's discretion. It will always
be subject to a fully completed
application form which must be
submitted electronically. Applications
will normally be accepted on a firstcome
first-served basis. Reasons for
refusal of registration will only rarely be
made available and release of such
information is at the Registry’s entire
discretion.
2.4.
The minimum period for registration or
renewal of service is one year.
2.5.
The Contract of Registration is an
agreement which will continue until
either party tells the other that they no
longer wish it to continue.
2.6.
You may incur Name Resolution Fees
annually as set out below.
3.
Cancellation
3.1.
Cancellation requests may be
submitted at any time but you agree to
give us at least one complete day’s
notice before the end of the current
period of the Name Resolution Fee if
you wish to cancel your Registration.
This notice must be submitted
electronically using the Delete Domain
function of our website. If the
cancellation notice is not received with
the required notice period, the next
year’s Name Resolution Fee becomes
payable in full.
3.2.
In the event that you wish to reactivate
a domain name after
cancellation, you may be required to
submit your application afresh.
3.3.
A cancelled or expired domain name
may be re-registered by any other
party.
3.4.
We may suspend any domain if there
are unpaid fees in relation to this
domain. If you wish to a re-activate a
suspended domain, a Reactivation
Fee which is equal to the Application
Fee is payable.
3.5.
You also agree that we may refuse
any application for a domain
registration, or cancel your existing
domain name (on giving you
reasonable notice and an opportunity
for appeal) where it appears to us that:
Version 3.0.1
1st May 2007
“the domain name (or requested
domain name), in the hands of the
registrant for the time being, is being
used, or reasonably appears likely to be
used, in a manner which would damage
the reputation of the Channel Islands or
any of them as a legitimate offshore
financial centre”
4.
Accuracy of Register Information
4.1.
You agree that is it is a Condition (as
lawyers use the term) of the
Agreement that:
a)
the information you supply to us is
correct at the time of application and
registration; and
b)
you will tell us as soon as possible
(and in any event within 7 days) if at
any future time that information
changes.
4.2.
You agree that the Registry may
cancel your registration or suspend
your domain name without notice and
without any liability howsoever arising
if it reasonably appears to the Registry
that:
a)
there is a material or substantial
inaccuracy in your registration
information; or
b)
that has been any misrepresentation
(whether by you or by your agent) in
the process of application,
registration, maintenance and dispute
resolution.
4.3.
Where there appears to be any other
inaccuracy in your registration details,
the Registry will notify you of such
inaccuracy as follows:
a)
notice will be given to any email or
other address recorded for you in
your registration details or via any
agent or Authorised Contact(s).
b)
following such notice, if any
inaccuracy is not corrected or
amended before the expiry of a
period of 7 days after we have told
you about it, we may suspend the
domain name, and then (after telling
you of our intention and giving you
another opportunity to correct any
inaccuracy), cancel your registration
5.
Reserved Words and String Patterns
5.1.
A list of reserved names is maintained
by the Registry at its discretion in
consultation with the Insular
Authorities (the Islands’ Governments).
This list is not open to inspection.
Certain words and string patterns are
also reserved to allow for future
expansion of the Internet naming
system. The Registry may decline your
application if it is for a name which is
so reserved.
5.2.
Registration of certain string patterns
(for example, those consisting entirely
of numbers, or containing two
consecutive hyphens) may be subject
to additional conditions, special
procedures or not accepted for general
registration.
5.3.
Where certain domain names (which
because of changes to the registration
rules and/or standards would not today
be accepted for registration) have
been registered historically, their
registration and use may be continued
indefinitely by the Registrant, provided
all other Terms & Conditions of the
registration agreement are complied
with (in particular, the conditions
regarding payment of fees and
accuracy of information). However, reregistration
or transfer will not normally
be permitted in cases where the
Registry has cancelled the registration
for non-payment, or other breach of
the Registration Agreement.
6.
Fees and Charges.
6.1.
When you first apply for a domain
name registration you must pay:
a)
an initial fee (the “Initial Application
Fee”). This is due when the Registry
accepts your application; and
b)
an annual fee for maintenance of your
name in the world-wide Domain
Name System (“the Name Resolution
Fee”) which is due when the Registry
enters the name in its ‘root’
nameservers.
6.2.
The name resolution fee for the time
being must be paid each year before
each anniversary of initial registration
unless and until the registration
agreement is cancelled.
6.3.
Once your chosen name has been
entered into the Register, and name
resolution service has commenced,
the Name Resolution Fee is not
normally refundable.
However, exceptionally, where a
notice of cancellation is received by
the Registry within 7 days of receipt of
your application, we will refund (or not
charge) any name resolution or annual
fees (even for the first year). Initial
Application Fees are always due at the
time of application and are not
refundable in any circumstances.
6.4.
Name Resolution Fees are charged
annually (or at such longer interval that
we may agree with you) to maintain
the domain name in Domain Name
System.
Annual Name Resolution Fees are due
on the anniversary of registration and
remain payable each year until you
notify us that the agreement for
registration of the domain name is to
be cancelled. We will then remove the
name from the Internet Domain Name
System.
6.5.
Where you register a payment
authority, you authorise and confirm
that you want us to take payment by
that mechanism for any and all
subsequent fees which may arise
under this agreement until expiry of
that authority. If we hold a valid
payment authority under which we are
able to collect annual fees, we may do
so but we accept no liability
whatsoever and howsoever arising if
we are unable to do so.
6.6.
In the event that you have a number of
domain names, any monies received
are allocated against any outstanding
fees on any of those names prior to
being applied towards future
applications or renewals. In other
words, you must clear any and all
outstanding fees before any payments
will be credited towards any annual
fees for a subsequent period or other
registrations.
6.7.
If any money transfer, cheque, credit,
debit or other payment card that you
offer by way of payment is
dishonoured, declined or only paid in
part, we may apply a charge not
exceeding our external costs plus the
reasonable administrative costs that
we incur as a consequence.
6.8.
You agree that it is a Condition (as
lawyers use the term) of the
Agreement that you pay all applicable
fees and charges arising under this
agreement on time and in full.
6.9.
Time is of the essence in all payments.
6.10.
If you do not pay fees and/or charges
when they are due, or if you pay them
only in part, we may suspend name
service for your domain name and
may, at our discretion, suspend name
service for all of your domain names.
In the event that we are intending to
suspend name service for all of your
domain names, we will normally give
you 30 days notice of such intention.
6.11.
We may revoke or cancel your
registration (cancel the Agreement) if
there are amounts which remain
unpaid more than 60 days after they
should have been paid. This right of
cancellation for breach of the payment
condition is without prejudice to our
right to make a Claim from you (in
Court if necessary) at any time for any
and all amounts you may owe under
our Agreement
6.12. You remain liable for all fees under our
agreement once incurred.
7. Warranty by Applicant
7.1. By applying for an Internet Domain
Name in the Channel Islands Registry
(.GG or .JE), you certify and warrant
that you have the right to use the
name that you have applied for, and
you agree that you will fully indemnify
the Registry in respect of any dispute
involving the Registry (including the
legal, management and incidental
costs thereof) which might arise over
the use or registration of any of your
Domain Names.
8. Applications made by an Agent
8.1. If you make an application on
someone else's behalf, you are acting
as agent for them and you warrant that
you hold continuing authority from
them in this respect and you agree to
indemnify the Registry in respect of
any claim or dispute (including legal,
management and incidental costs)
arising from any breach or expiry of
that authority and agree that the
registrant you represent will be liable in
respect of any false claim or dispute
(including legal, management and
incidental costs) that you breached
that authority or that the same had
expired.
8.2. When you act as an agent it is a
condition (as lawyers use the term) of
our agreement with you (as the agent)
that you must notify the applicant (the
prospective registrant) of all the Terms
& Conditions and that will provide the
applicant with a copy of the current
version of the Terms & Conditions as
at the date of application.
8.3. When you act as an agent, ‘Authorised
Contact’ or ‘Billing Contact’ you agree
that you will be jointly and severally
liable with the registrant for payment of
all applicable fees and charges.
8.4. Upon receipt of an application by the
Registry from an agent, both applicant
and agent shall be deemed to have
had notice of the Terms & Conditions.
Where an application is made by an
agent, any failure by the applicant to
be bound by the Terms & Conditions
shall entitle the Registry to cancel the
domain registration and retain any
payments made in respect thereof
unconditionally, regardless of whether
the Registry's database has been
altered to show the applicant's
registration and/or Name Resolution
Service has commenced and no right
to refund of any fees shall exist.
8.5. If you are an applicant or registrant,
you agree that you will not hold us
responsible for any failure, breach of
contract, negligence, breach of trust,
or other duty by any agent or
Authorised Contact where we have
acted
faith.
on their instructions in good
9. Authorised Contacts
9.1. At the time of registration, or at any
time afterwards you may notify us of
additional persons, companies or other
organisation(s) that are authorised to
deal with us in respect of your domain
name registration(s)
9.2. Where you notify us that a person or
organisation is to be entered into our
Register as an ‘Authorised Contact’,
you confirm that any and all such
Authorised Contact(s) is or are fully
authorised by you to manage your
domain name and registration and are
able to deal with us, having the same
rights and obligations under our
contract as you yourself do, including
the right to transfer the contract of
registration to another party.
9.3. 30 days notice of removal of
Authorised Contact authority must be
provided and the Registrar shall not be
liable whatsoever for acting on any
authority of a party registered as an
Authorised Contact until such notice
has expired.
9.4. You agree that you will not hold us
responsible for any failure, breach of
contract, negligence, breach of trust or
other duty by any agent or Authorised
Contact where we have acted on their
instructions in good faith.
10. Billing Contacts
10.1. Where you notify us that a person or
organisation is to be entered onto our
Register as a ‘Billing Contact’, you
authorise us by such notification:
a) to send any and all bills demands
statements and/or all other
communications related to the
payment of fees and charges under
our contract in respect of the domain
name to the Billing Contact; and
b) you confirm that anyone you tell us is
a ‘Billing Contact’ has agreed to be
jointly and severally liable with the
Registrant for the payment of our fees
and charges.
10.2. We will send initial requests for
payment to the Billing Contact. If such
requests are not paid by the Billing
Contact within 14 days, we may notify
the registrant..
11. Amendment
11.1. You acknowledge and agree that the
Registry may change these Terms &
Conditions from time to time without
notice or consultation.
11.2. The Registry will publish
Terms & Conditions on the
revised
Internet
(World-Wide Web)
www.channelisles.net from time
at
to
time. Revised Terms & Conditions are
effective when published.
11.3. If we give you specific notice of a
change to the Terms & Conditions, you
are bound by the new agreement
terms a reasonable time after we have
given you such notice (normally 14
days). E-mails sent to the e-mail
address held by us for the Registrant
and/or any Authorised Contact
(including the Billing Contact, if any)
are deemed to be specific notice to
you, notwithstanding that we may
receive e-mail failure notices in respect
of that e-mail address.
11.4. It is your responsibility to ensure that
the Registrant, and any Authorised
Contact (including Billing Contact) email
address is valid and it may be
grounds for cancellation of your
registration if you fail keep this
information up-to-date (see Section 4,
above).
11.5. If we have not given you specific
notice of changes, you will be bound
by the revised Terms from the
following anniversary of your
registration.
11.6. If you do not agree to any changes in
Terms & Conditions of the Registration
Agreement you must tell us
immediately, and cancel your
registration.
12. Disputes relating to Domain Names
12.1. Registering an Internet Name does not
confer any legal rights to that name
and all disputes between parties over
the rights to use a particular name are
to be settled between the contending
parties using normal legal methods.
The Registry is aware that Court
proceedings can be slow and
expensive and offers the possibility of
an independent Dispute Procedure
(DRP) utilising a cost-saving method of
on-line Alternative Dispute Resolution.
Details of ADR providers will be
published from time to time on our
website.
12.2. You agree that if the use of the name
is challenged by any third party, or if
any dispute arises under this
Registration Agreement either the
applicant or any other party may refer
the matter to Dispute Resolution under
the DRP, and you agree that in such
event you will abide by the procedures
specified by the DRP provider
12.3. If an ADR decision recommends the
transfer of a domain name, we will not
transfer the domain name without
giving reasonable notice of our
intention and an opportunity for you to
refer the matter to the Court. Court
actions must be notified to the Registry
within 30 days of the ADR decision
being published.
13. Unsolicited Email ('Spam')
13.1. It is a Condition (as lawyers use the
term) of our Agreement that you must
not use any GG or JE domain for the
purposes of sending unsolicited email
‘spam’ or advertise any website or
other Internet service which uses a GG
or JE domain name by means of
‘spam advertising’.
13.2. Any complaint about abuse of your
domain in such a manner, which is
made to the Registry and upheld, may
result in the temporary suspension of
service for your domain. In the event of
this happening, you agree that we may
give you such notice as appears
reasonable to us in the circumstances.
13.3. Any subsequent ‘spam’ complaints,
which are made to the Registry and
upheld, may result in the revocation of
your domain. If we intend to revoke
your domain name we will give you
reasonable notice and an opportunity
to appeal.
14. Registry (‘WHOIS’) Data
14.1. In the course of dealing with your
application or registration we may
process personal data about you, or
people you have notified us are
agents, Authorised Contacts or Billing
Contacts. We always process personal
data in accordance with the Data
Protection Law and our Data
Protection Registration.
14.2.
Our Data Protection Registration
number is 011044. You may consult
our entry on the Register of Data
Controllers at
http://www.dpr.gov.gg/search.html.
(Further information about Data
Protection in the Bailiwick of Guernsey
may be found at
www.gov.gg/dataprotection
14.3.
You agree that we may disclose some
or all of the information we hold about
you or your registration(s), including
publishing such information on the
Internet by (among other methods)
putting it on a publicly accessible
website, or allowing access via a Port
43 (‘WHOIS’) server or similar
mechanisms.
14.4.
By registering and continuing to use
your domain you confirm that you have
given your informed consent to such
disclosure(s).
14.5.
We will tell you the extent of any such
publication, and may give you an
opportunity to have some or all of your
data withheld from publication. This
will be documented in a Publication
Scheme for registration data, which we
shall make available on request, and
will publish on our website.
14.6.
We are committed to anti-spam
measures and therefore do not intend
to publish e-mail addresses.
Nonetheless we reserve the right to do
so if it is ever required by applicable
Channel Islands law.
14.7.
We may allow third-parties to be able
to contact you and/or your authorised
contacts by indirect means, such as a
web-form or other technical
intermediary facility provided by the
Registry, but we are not obliged by this
agreement to make such a facility
available.
14.8.
We may make a per-message or other
charge to the sender for such indirect
communication access. Such
messages will be sent to the email or
other addresses on file for Registrant
and Authorised Contacts without
disclosing these addresses to the
sender. Please note that failure to
maintain a valid e-mail address for the
Registrant is grounds for cancellation
of registration
14.9.
Other than the information we publish
with your consent above, we will not
normally disclose any other
information about you or your
registration unless such disclosure is
in accordance with our Privacy Policy
(which we will publish on our website
from time to time) and/or in
accordance with the Regulation of
Investigatory Powers Law 2002 (RIPL)
or other legal provision.
15. Use of domain names for criminal or
illegal purposes
15.1. It is a Condition (as lawyers use the
term) of our Agreement that you do not
use, or permit the use, of any GG or
JE domain for illegal or unlawful
purposes.
15.2. If it reasonably appears to the Registry
in consultation with its own legal
advisers, and/or the relevant Insular
Authorities (for example, members of
the Channel Islands Governmental
Advisory Committee on Domain
Names and the Internet, the Law
Officers of the Crown in either
Bailiwick or the Islands’ police forces)
that a domain name is being used in
contravention of the law of any of the
British Islands, or to promote or assist
such contravention, the Registry
(whether using its own discretion or
upon receiving a complaint about use
of a domain for such purposes) may
suspend or cancel the domain without
notice, or by giving such notice as
appears to be reasonable to the
Registry in the circumstances.
16. Limitation of Liability
16.1. All liability of the Company (except for
personal injury or death or fraudulent
misrepresentation) is excluded and
you agree that the maximum remedy
or award (if any) available in respect of
any domain name registration against
us shall be the cost of the current
year's annual Name Resolution fee.
17. Governing Law and Jurisdiction
17.1. You agree that our Registration
Agreement shall be governed in all
respects by, and construed in
accordance with the law of the Island
of Alderney.
17.2. You agree that in relation to arbitration
and Alternative Dispute Resolution
(ADR), the ADR provider shall have
exclusive jurisdiction in relation to any
ADR proceeding not involving the
Alderney or other Channel Islands
Court.
17.3. You agree and acknowledge that:
a) subject to sub-clause (b), the Court of
Alderney shall have exclusive
jurisdiction as in any disputes
between us (whether arising out of a
contract of registration or otherwise)
and you consent to that exclusive
jurisdiction and hereby waive any
right to contest that jurisdiction;
b)
in respect of any Claim for debt in
which we are the Claimant, the
jurisdiction of the Court of Alderney
shall be non-exclusive and we may
(upon written notice to the Defendant
and the Court concerned) issue
proceedings in and grant jurisdiction
to the Courts of any of the British
Islands, or any country or territory
where the Registrant or Billing
Contact has residence or a place of
business. Upon such notice you
consent, submit and agree to that
jurisdiction having jurisdiction and
hereby waive any right to contest that
jurisdiction.
17.4.
Nothing in this Agreement is to be
construed as ousting the jurisdiction of
the Court of Alderney and by making
an application (whether directly or via
an agent) or maintaining or using a
domain or failing to serve notice of
cancellation, you submit irrevocably to
the jurisdiction of the Alderney Court
and the ADR provider and you waive
any right to contest such jurisdiction.
18.
Surviving Clauses
18.1.
The following shall survive termination
of this Contract:
a)
Any obligation to make payment to or
indemnify the Registry;
b)
All warranties to the Registry;
c)
Sections 6 to 9 (inclusive), Section
10.1, Section 14, Sections 17 to 20
(inclusive), and the definitions.
19.
Entire Agreement
19.1.
The Registration Agreement in
conjunction with the Terms &
Conditions is the complete and
exclusive agreement between the
applicant and the Registry regarding
domain names registered under the
.GG or .JE domain suffixes. It
supersedes, and its terms govern, all
prior proposals, agreements,
representations, or other
communications between the parties.
20.
Notices
20.1.
You agree that Notices in respect of
our Agreement with you may be sent
to the Registrant or to any person you
have notified as an Authorised Contact
and/or (in any matter relating to money
owed) as Billing Contact.
20.2.
You also agree we may send such
notices by electronic mail and that any
emailed notice will effective when we
have sent it.
20.3.
Any Notices you send to us under this
Agreement may be sent by electronic
mail but you agree that emailed
notices to us will not be effective
unless they are sent to the address
notified on our website from time to
time as being the address to which
such notices may be sent and are
confirmed by notice in writing sent by
registered post or courier service and
which must arrive at our normal place
of business and/or our Registered
Office within 14 days of sending such
email.
21.
Definitions
21.1.
The following words will have specific
meanings in this contract, save where
contrary meaning is inserted under the
Interpretation (Bailiwick of Guernsey)
Law 1948.
a)
'agent' -Someone whom you
authorise to act on your behalf.
b)
‘Authorised Contact’ -Someone
whom you authorise to act as your
agent in dealing with us.
c)
“British Islands” has the
meaningsspecified in the
Interpretation (Bailiwick of Guernsey)
Law 1948.
d)
'cancel' -Cancelling this contract and
your domain registration are the same
thing. The contract ends. The domain
name will be deleted, will no longer
work as part of a website or e-mail
address, and will be released to be
registered again under our rules.
e)
'correct' -This means that the
information must be good enough to
allow us to contact you quickly at any
reasonable time without having to get
information from anywhere else, must
not be deceptive, and (if possible for
that type of information) must clearly
identify you. For your name this also
means that the information must be
detailed enough that we can tell
exactly who you are (in legal terms,
exactly which legal entity we have this
contract with).
f)
'domain name' -An internet domain
name ending in .gg or .je.
g)
'dispute policy', 'dispute procedure' The
policy and procedure of our
dispute resolution service.
h)
'EEA' -The European Economic
Area, which includes most European
countries. (Countries outside the EEA
may not have strict laws to protect
personal information).
i)
'name servers' -Computers that
provide specific translation
information in the domain name
system.
j)
'notify' -Serving notice to you, your
agent, authorised representative,
notified additional contact, or to us
k)
'personal data' -Any information
about an identifiable living person (for
example, your name, address or
phone number).
l)
'register' -Our record of domain
names and details about you, your
agent(s) (if any) and other information
we store and process about your
domain name registration.
m) 'Registry' -The entitity holding all
registration records for domains
ending in .GG and/or JE and
operating the authoritative master
name servers for the top-level
domain(s).
n)
'rules' -Our rules which explain which
domain names can be registered and
which cannot.
o)
'WHOIS' – An electronic system
which provides some information to
the public about domain names.
p)
'we', 'us', 'our' – Island Networks
(Registrar) Limited (Registered at the
Alderney Greffe as company number
1333) .
q)
'you', 'your' -The person who is
entering into this contract with us and
whom the domain name will be
registered for.
Terms & Conditions for Registration of Internet Domain Names (.GG & JE)
1. Applicability
1.1. These Terms & Conditions apply to all
registrations, applications for
registration, maintenance, cancellation
and disputes relating to internet
domain names ending in ‘.GG’ or ‘.JE’.
1.2. You agree that by applying for a .GG
or .JE Internet domain name, and/or
by continued use of such domain
name, you will comply with the terms
of the Registry's current naming
standards, policies and these Terms &
Conditions for Registration as may be
amended from time to time. In the
event that at any time you do not
accept the Terms & Conditions in force
for the time being, you must tell us this
and cancel the registration agreement.
1.3. These Terms and Conditions apply
regardless of whether the domain
name is registered (or is being applied
for) through an agent such as Internet
Service Provider, Name Registration
company or other third party, or
directly with Island Networks’ Channel
Islands Internet Registry.
1.4. No person or company is authorised to
vary or modify the terms of this
contract of registration for .GG or .JE
domain names save that the Registry
may update the Terms & Conditions
which become effective from time to
time whether on any future renewal or
extension or continuance of the
domain’s name resolution service.
1.5. By making an application to register,
by registering, using, continuing to
use, maintaining cancelling or
disputing a .GG or .JE domain name in
the Domain Name System (DNS) you
confirm that you agree as follows:
2. Registration of domain names
2.1. An application for an Internet Domain
Name is an offer to enter into a
contract with the Registry for domain
name registration under these Terms
and Conditions..
2.2. You agree, upon acceptance of your
application by the Registry to pay any
Application Fee (where applicable) and
at least one year's fee in advance for
maintaining the name in the Internet
Domain Name System (the “Name
Resolution Fee”).
2.3.
Acceptance of an application to
register an Internet Domain Name is at
the Registry's discretion. It will always
be subject to a fully completed
application form which must be
submitted electronically. Applications
will normally be accepted on a firstcome
first-served basis. Reasons for
refusal of registration will only rarely be
made available and release of such
information is at the Registry’s entire
discretion.
2.4.
The minimum period for registration or
renewal of service is one year.
2.5.
The Contract of Registration is an
agreement which will continue until
either party tells the other that they no
longer wish it to continue.
2.6.
You may incur Name Resolution Fees
annually as set out below.
3.
Cancellation
3.1.
Cancellation requests may be
submitted at any time but you agree to
give us at least one complete day’s
notice before the end of the current
period of the Name Resolution Fee if
you wish to cancel your Registration.
This notice must be submitted
electronically using the Delete Domain
function of our website. If the
cancellation notice is not received with
the required notice period, the next
year’s Name Resolution Fee becomes
payable in full.
3.2.
In the event that you wish to reactivate
a domain name after
cancellation, you may be required to
submit your application afresh.
3.3.
A cancelled or expired domain name
may be re-registered by any other
party.
3.4.
We may suspend any domain if there
are unpaid fees in relation to this
domain. If you wish to a re-activate a
suspended domain, a Reactivation
Fee which is equal to the Application
Fee is payable.
3.5.
You also agree that we may refuse
any application for a domain
registration, or cancel your existing
domain name (on giving you
reasonable notice and an opportunity
for appeal) where it appears to us that:
Version 3.0.1
1st May 2007
“the domain name (or requested
domain name), in the hands of the
registrant for the time being, is being
used, or reasonably appears likely to be
used, in a manner which would damage
the reputation of the Channel Islands or
any of them as a legitimate offshore
financial centre”
4.
Accuracy of Register Information
4.1.
You agree that is it is a Condition (as
lawyers use the term) of the
Agreement that:
a)
the information you supply to us is
correct at the time of application and
registration; and
b)
you will tell us as soon as possible
(and in any event within 7 days) if at
any future time that information
changes.
4.2.
You agree that the Registry may
cancel your registration or suspend
your domain name without notice and
without any liability howsoever arising
if it reasonably appears to the Registry
that:
a)
there is a material or substantial
inaccuracy in your registration
information; or
b)
that has been any misrepresentation
(whether by you or by your agent) in
the process of application,
registration, maintenance and dispute
resolution.
4.3.
Where there appears to be any other
inaccuracy in your registration details,
the Registry will notify you of such
inaccuracy as follows:
a)
notice will be given to any email or
other address recorded for you in
your registration details or via any
agent or Authorised Contact(s).
b)
following such notice, if any
inaccuracy is not corrected or
amended before the expiry of a
period of 7 days after we have told
you about it, we may suspend the
domain name, and then (after telling
you of our intention and giving you
another opportunity to correct any
inaccuracy), cancel your registration
5.
Reserved Words and String Patterns
5.1.
A list of reserved names is maintained
by the Registry at its discretion in
consultation with the Insular
Authorities (the Islands’ Governments).
This list is not open to inspection.
Certain words and string patterns are
also reserved to allow for future
expansion of the Internet naming
system. The Registry may decline your
application if it is for a name which is
so reserved.
5.2.
Registration of certain string patterns
(for example, those consisting entirely
of numbers, or containing two
consecutive hyphens) may be subject
to additional conditions, special
procedures or not accepted for general
registration.
5.3.
Where certain domain names (which
because of changes to the registration
rules and/or standards would not today
be accepted for registration) have
been registered historically, their
registration and use may be continued
indefinitely by the Registrant, provided
all other Terms & Conditions of the
registration agreement are complied
with (in particular, the conditions
regarding payment of fees and
accuracy of information). However, reregistration
or transfer will not normally
be permitted in cases where the
Registry has cancelled the registration
for non-payment, or other breach of
the Registration Agreement.
6.
Fees and Charges.
6.1.
When you first apply for a domain
name registration you must pay:
a)
an initial fee (the “Initial Application
Fee”). This is due when the Registry
accepts your application; and
b)
an annual fee for maintenance of your
name in the world-wide Domain
Name System (“the Name Resolution
Fee”) which is due when the Registry
enters the name in its ‘root’
nameservers.
6.2.
The name resolution fee for the time
being must be paid each year before
each anniversary of initial registration
unless and until the registration
agreement is cancelled.
6.3.
Once your chosen name has been
entered into the Register, and name
resolution service has commenced,
the Name Resolution Fee is not
normally refundable.
However, exceptionally, where a
notice of cancellation is received by
the Registry within 7 days of receipt of
your application, we will refund (or not
charge) any name resolution or annual
fees (even for the first year). Initial
Application Fees are always due at the
time of application and are not
refundable in any circumstances.
6.4.
Name Resolution Fees are charged
annually (or at such longer interval that
we may agree with you) to maintain
the domain name in Domain Name
System.
Annual Name Resolution Fees are due
on the anniversary of registration and
remain payable each year until you
notify us that the agreement for
registration of the domain name is to
be cancelled. We will then remove the
name from the Internet Domain Name
System.
6.5.
Where you register a payment
authority, you authorise and confirm
that you want us to take payment by
that mechanism for any and all
subsequent fees which may arise
under this agreement until expiry of
that authority. If we hold a valid
payment authority under which we are
able to collect annual fees, we may do
so but we accept no liability
whatsoever and howsoever arising if
we are unable to do so.
6.6.
In the event that you have a number of
domain names, any monies received
are allocated against any outstanding
fees on any of those names prior to
being applied towards future
applications or renewals. In other
words, you must clear any and all
outstanding fees before any payments
will be credited towards any annual
fees for a subsequent period or other
registrations.
6.7.
If any money transfer, cheque, credit,
debit or other payment card that you
offer by way of payment is
dishonoured, declined or only paid in
part, we may apply a charge not
exceeding our external costs plus the
reasonable administrative costs that
we incur as a consequence.
6.8.
You agree that it is a Condition (as
lawyers use the term) of the
Agreement that you pay all applicable
fees and charges arising under this
agreement on time and in full.
6.9.
Time is of the essence in all payments.
6.10.
If you do not pay fees and/or charges
when they are due, or if you pay them
only in part, we may suspend name
service for your domain name and
may, at our discretion, suspend name
service for all of your domain names.
In the event that we are intending to
suspend name service for all of your
domain names, we will normally give
you 30 days notice of such intention.
6.11.
We may revoke or cancel your
registration (cancel the Agreement) if
there are amounts which remain
unpaid more than 60 days after they
should have been paid. This right of
cancellation for breach of the payment
condition is without prejudice to our
right to make a Claim from you (in
Court if necessary) at any time for any
and all amounts you may owe under
our Agreement
6.12. You remain liable for all fees under our
agreement once incurred.
7. Warranty by Applicant
7.1. By applying for an Internet Domain
Name in the Channel Islands Registry
(.GG or .JE), you certify and warrant
that you have the right to use the
name that you have applied for, and
you agree that you will fully indemnify
the Registry in respect of any dispute
involving the Registry (including the
legal, management and incidental
costs thereof) which might arise over
the use or registration of any of your
Domain Names.
8. Applications made by an Agent
8.1. If you make an application on
someone else's behalf, you are acting
as agent for them and you warrant that
you hold continuing authority from
them in this respect and you agree to
indemnify the Registry in respect of
any claim or dispute (including legal,
management and incidental costs)
arising from any breach or expiry of
that authority and agree that the
registrant you represent will be liable in
respect of any false claim or dispute
(including legal, management and
incidental costs) that you breached
that authority or that the same had
expired.
8.2. When you act as an agent it is a
condition (as lawyers use the term) of
our agreement with you (as the agent)
that you must notify the applicant (the
prospective registrant) of all the Terms
& Conditions and that will provide the
applicant with a copy of the current
version of the Terms & Conditions as
at the date of application.
8.3. When you act as an agent, ‘Authorised
Contact’ or ‘Billing Contact’ you agree
that you will be jointly and severally
liable with the registrant for payment of
all applicable fees and charges.
8.4. Upon receipt of an application by the
Registry from an agent, both applicant
and agent shall be deemed to have
had notice of the Terms & Conditions.
Where an application is made by an
agent, any failure by the applicant to
be bound by the Terms & Conditions
shall entitle the Registry to cancel the
domain registration and retain any
payments made in respect thereof
unconditionally, regardless of whether
the Registry's database has been
altered to show the applicant's
registration and/or Name Resolution
Service has commenced and no right
to refund of any fees shall exist.
8.5. If you are an applicant or registrant,
you agree that you will not hold us
responsible for any failure, breach of
contract, negligence, breach of trust,
or other duty by any agent or
Authorised Contact where we have
acted
faith.
on their instructions in good
9. Authorised Contacts
9.1. At the time of registration, or at any
time afterwards you may notify us of
additional persons, companies or other
organisation(s) that are authorised to
deal with us in respect of your domain
name registration(s)
9.2. Where you notify us that a person or
organisation is to be entered into our
Register as an ‘Authorised Contact’,
you confirm that any and all such
Authorised Contact(s) is or are fully
authorised by you to manage your
domain name and registration and are
able to deal with us, having the same
rights and obligations under our
contract as you yourself do, including
the right to transfer the contract of
registration to another party.
9.3. 30 days notice of removal of
Authorised Contact authority must be
provided and the Registrar shall not be
liable whatsoever for acting on any
authority of a party registered as an
Authorised Contact until such notice
has expired.
9.4. You agree that you will not hold us
responsible for any failure, breach of
contract, negligence, breach of trust or
other duty by any agent or Authorised
Contact where we have acted on their
instructions in good faith.
10. Billing Contacts
10.1. Where you notify us that a person or
organisation is to be entered onto our
Register as a ‘Billing Contact’, you
authorise us by such notification:
a) to send any and all bills demands
statements and/or all other
communications related to the
payment of fees and charges under
our contract in respect of the domain
name to the Billing Contact; and
b) you confirm that anyone you tell us is
a ‘Billing Contact’ has agreed to be
jointly and severally liable with the
Registrant for the payment of our fees
and charges.
10.2. We will send initial requests for
payment to the Billing Contact. If such
requests are not paid by the Billing
Contact within 14 days, we may notify
the registrant..
11. Amendment
11.1. You acknowledge and agree that the
Registry may change these Terms &
Conditions from time to time without
notice or consultation.
11.2. The Registry will publish
Terms & Conditions on the
revised
Internet
(World-Wide Web)
www.channelisles.net from time
at
to
time. Revised Terms & Conditions are
effective when published.
11.3. If we give you specific notice of a
change to the Terms & Conditions, you
are bound by the new agreement
terms a reasonable time after we have
given you such notice (normally 14
days). E-mails sent to the e-mail
address held by us for the Registrant
and/or any Authorised Contact
(including the Billing Contact, if any)
are deemed to be specific notice to
you, notwithstanding that we may
receive e-mail failure notices in respect
of that e-mail address.
11.4. It is your responsibility to ensure that
the Registrant, and any Authorised
Contact (including Billing Contact) email
address is valid and it may be
grounds for cancellation of your
registration if you fail keep this
information up-to-date (see Section 4,
above).
11.5. If we have not given you specific
notice of changes, you will be bound
by the revised Terms from the
following anniversary of your
registration.
11.6. If you do not agree to any changes in
Terms & Conditions of the Registration
Agreement you must tell us
immediately, and cancel your
registration.
12. Disputes relating to Domain Names
12.1. Registering an Internet Name does not
confer any legal rights to that name
and all disputes between parties over
the rights to use a particular name are
to be settled between the contending
parties using normal legal methods.
The Registry is aware that Court
proceedings can be slow and
expensive and offers the possibility of
an independent Dispute Procedure
(DRP) utilising a cost-saving method of
on-line Alternative Dispute Resolution.
Details of ADR providers will be
published from time to time on our
website.
12.2. You agree that if the use of the name
is challenged by any third party, or if
any dispute arises under this
Registration Agreement either the
applicant or any other party may refer
the matter to Dispute Resolution under
the DRP, and you agree that in such
event you will abide by the procedures
specified by the DRP provider
12.3. If an ADR decision recommends the
transfer of a domain name, we will not
transfer the domain name without
giving reasonable notice of our
intention and an opportunity for you to
refer the matter to the Court. Court
actions must be notified to the Registry
within 30 days of the ADR decision
being published.
13. Unsolicited Email ('Spam')
13.1. It is a Condition (as lawyers use the
term) of our Agreement that you must
not use any GG or JE domain for the
purposes of sending unsolicited email
‘spam’ or advertise any website or
other Internet service which uses a GG
or JE domain name by means of
‘spam advertising’.
13.2. Any complaint about abuse of your
domain in such a manner, which is
made to the Registry and upheld, may
result in the temporary suspension of
service for your domain. In the event of
this happening, you agree that we may
give you such notice as appears
reasonable to us in the circumstances.
13.3. Any subsequent ‘spam’ complaints,
which are made to the Registry and
upheld, may result in the revocation of
your domain. If we intend to revoke
your domain name we will give you
reasonable notice and an opportunity
to appeal.
14. Registry (‘WHOIS’) Data
14.1. In the course of dealing with your
application or registration we may
process personal data about you, or
people you have notified us are
agents, Authorised Contacts or Billing
Contacts. We always process personal
data in accordance with the Data
Protection Law and our Data
Protection Registration.
14.2.
Our Data Protection Registration
number is 011044. You may consult
our entry on the Register of Data
Controllers at
http://www.dpr.gov.gg/search.html.
(Further information about Data
Protection in the Bailiwick of Guernsey
may be found at
www.gov.gg/dataprotection
14.3.
You agree that we may disclose some
or all of the information we hold about
you or your registration(s), including
publishing such information on the
Internet by (among other methods)
putting it on a publicly accessible
website, or allowing access via a Port
43 (‘WHOIS’) server or similar
mechanisms.
14.4.
By registering and continuing to use
your domain you confirm that you have
given your informed consent to such
disclosure(s).
14.5.
We will tell you the extent of any such
publication, and may give you an
opportunity to have some or all of your
data withheld from publication. This
will be documented in a Publication
Scheme for registration data, which we
shall make available on request, and
will publish on our website.
14.6.
We are committed to anti-spam
measures and therefore do not intend
to publish e-mail addresses.
Nonetheless we reserve the right to do
so if it is ever required by applicable
Channel Islands law.
14.7.
We may allow third-parties to be able
to contact you and/or your authorised
contacts by indirect means, such as a
web-form or other technical
intermediary facility provided by the
Registry, but we are not obliged by this
agreement to make such a facility
available.
14.8.
We may make a per-message or other
charge to the sender for such indirect
communication access. Such
messages will be sent to the email or
other addresses on file for Registrant
and Authorised Contacts without
disclosing these addresses to the
sender. Please note that failure to
maintain a valid e-mail address for the
Registrant is grounds for cancellation
of registration
14.9.
Other than the information we publish
with your consent above, we will not
normally disclose any other
information about you or your
registration unless such disclosure is
in accordance with our Privacy Policy
(which we will publish on our website
from time to time) and/or in
accordance with the Regulation of
Investigatory Powers Law 2002 (RIPL)
or other legal provision.
15. Use of domain names for criminal or
illegal purposes
15.1. It is a Condition (as lawyers use the
term) of our Agreement that you do not
use, or permit the use, of any GG or
JE domain for illegal or unlawful
purposes.
15.2. If it reasonably appears to the Registry
in consultation with its own legal
advisers, and/or the relevant Insular
Authorities (for example, members of
the Channel Islands Governmental
Advisory Committee on Domain
Names and the Internet, the Law
Officers of the Crown in either
Bailiwick or the Islands’ police forces)
that a domain name is being used in
contravention of the law of any of the
British Islands, or to promote or assist
such contravention, the Registry
(whether using its own discretion or
upon receiving a complaint about use
of a domain for such purposes) may
suspend or cancel the domain without
notice, or by giving such notice as
appears to be reasonable to the
Registry in the circumstances.
16. Limitation of Liability
16.1. All liability of the Company (except for
personal injury or death or fraudulent
misrepresentation) is excluded and
you agree that the maximum remedy
or award (if any) available in respect of
any domain name registration against
us shall be the cost of the current
year's annual Name Resolution fee.
17. Governing Law and Jurisdiction
17.1. You agree that our Registration
Agreement shall be governed in all
respects by, and construed in
accordance with the law of the Island
of Alderney.
17.2. You agree that in relation to arbitration
and Alternative Dispute Resolution
(ADR), the ADR provider shall have
exclusive jurisdiction in relation to any
ADR proceeding not involving the
Alderney or other Channel Islands
Court.
17.3. You agree and acknowledge that:
a) subject to sub-clause (b), the Court of
Alderney shall have exclusive
jurisdiction as in any disputes
between us (whether arising out of a
contract of registration or otherwise)
and you consent to that exclusive
jurisdiction and hereby waive any
right to contest that jurisdiction;
b)
in respect of any Claim for debt in
which we are the Claimant, the
jurisdiction of the Court of Alderney
shall be non-exclusive and we may
(upon written notice to the Defendant
and the Court concerned) issue
proceedings in and grant jurisdiction
to the Courts of any of the British
Islands, or any country or territory
where the Registrant or Billing
Contact has residence or a place of
business. Upon such notice you
consent, submit and agree to that
jurisdiction having jurisdiction and
hereby waive any right to contest that
jurisdiction.
17.4.
Nothing in this Agreement is to be
construed as ousting the jurisdiction of
the Court of Alderney and by making
an application (whether directly or via
an agent) or maintaining or using a
domain or failing to serve notice of
cancellation, you submit irrevocably to
the jurisdiction of the Alderney Court
and the ADR provider and you waive
any right to contest such jurisdiction.
18.
Surviving Clauses
18.1.
The following shall survive termination
of this Contract:
a)
Any obligation to make payment to or
indemnify the Registry;
b)
All warranties to the Registry;
c)
Sections 6 to 9 (inclusive), Section
10.1, Section 14, Sections 17 to 20
(inclusive), and the definitions.
19.
Entire Agreement
19.1.
The Registration Agreement in
conjunction with the Terms &
Conditions is the complete and
exclusive agreement between the
applicant and the Registry regarding
domain names registered under the
.GG or .JE domain suffixes. It
supersedes, and its terms govern, all
prior proposals, agreements,
representations, or other
communications between the parties.
20.
Notices
20.1.
You agree that Notices in respect of
our Agreement with you may be sent
to the Registrant or to any person you
have notified as an Authorised Contact
and/or (in any matter relating to money
owed) as Billing Contact.
20.2.
You also agree we may send such
notices by electronic mail and that any
emailed notice will effective when we
have sent it.
20.3.
Any Notices you send to us under this
Agreement may be sent by electronic
mail but you agree that emailed
notices to us will not be effective
unless they are sent to the address
notified on our website from time to
time as being the address to which
such notices may be sent and are
confirmed by notice in writing sent by
registered post or courier service and
which must arrive at our normal place
of business and/or our Registered
Office within 14 days of sending such
email.
21.
Definitions
21.1.
The following words will have specific
meanings in this contract, save where
contrary meaning is inserted under the
Interpretation (Bailiwick of Guernsey)
Law 1948.
a)
'agent' -Someone whom you
authorise to act on your behalf.
b)
‘Authorised Contact’ -Someone
whom you authorise to act as your
agent in dealing with us.
c)
“British Islands” has the
meaningsspecified in the
Interpretation (Bailiwick of Guernsey)
Law 1948.
d)
'cancel' -Cancelling this contract and
your domain registration are the same
thing. The contract ends. The domain
name will be deleted, will no longer
work as part of a website or e-mail
address, and will be released to be
registered again under our rules.
e)
'correct' -This means that the
information must be good enough to
allow us to contact you quickly at any
reasonable time without having to get
information from anywhere else, must
not be deceptive, and (if possible for
that type of information) must clearly
identify you. For your name this also
means that the information must be
detailed enough that we can tell
exactly who you are (in legal terms,
exactly which legal entity we have this
contract with).
f)
'domain name' -An internet domain
name ending in .gg or .je.
g)
'dispute policy', 'dispute procedure' The
policy and procedure of our
dispute resolution service.
h)
'EEA' -The European Economic
Area, which includes most European
countries. (Countries outside the EEA
may not have strict laws to protect
personal information).
i)
'name servers' -Computers that
provide specific translation
information in the domain name
system.
j)
'notify' -Serving notice to you, your
agent, authorised representative,
notified additional contact, or to us
k)
'personal data' -Any information
about an identifiable living person (for
example, your name, address or
phone number).
l)
'register' -Our record of domain
names and details about you, your
agent(s) (if any) and other information
we store and process about your
domain name registration.
m) 'Registry' -The entitity holding all
registration records for domains
ending in .GG and/or JE and
operating the authoritative master
name servers for the top-level
domain(s).
n)
'rules' -Our rules which explain which
domain names can be registered and
which cannot.
o)
'WHOIS' – An electronic system
which provides some information to
the public about domain names.
p)
'we', 'us', 'our' – Island Networks
(Registrar) Limited (Registered at the
Alderney Greffe as company number
1333) .
q)
'you', 'your' -The person who is
entering into this contract with us and
whom the domain name will be
registered for.