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Guyana domeinnaam registratievoorwaarden
Guyana domeinnaam registratievoorwaarden
REGISTRATION AGREEMENT (.GY)
This REGISTRATION AGREEMENT (the "Agreement") is entered into, by and
between the .GY domain name registrant ("Registrant") and the .GYDNR located in
the Centre for Information Technology, University of Guyana. Additional
agreements, if any, may be entered into between the Registrant and accredited
registrars relating to domain name services in the .gy ccTLD provided by such
accredited registrars, provided that no such additional agreement may waive, alter,
or supersede any provision of this Agreement. If there is any conflict between such
additional agreements and this Agreement, this Agreement shall control.
TERMS AND CONDITIONS:
1. By applying to register one or more .gy domain names (the “.gy Domain
name(s)”) with an accredited registrar in the .gy ccTLD (hereinafter referred to as
an “Application”) or by using one or more .gy Domain name(s), the Registrant
acknowledges that it has read and agrees to be bound by all terms and conditions
of this Agreement as well as the following documents, policies, and agreements
which are incorporated into this Agreement by this reference and which shall
hereinafter (together with this Agreement) be referred to as the “.GYDNR Policies”:
• The registration rules
• The .gy ccTLD Policies
• The Privacy Policy
• .GYDNR Acceptable Use Policy (“AUP”)
• .GYDNR Complaint Resolution Service rules and policies
• Other .GYDNR rules or policies that are now, or may in the future, be
published by .GYDNR or CoCCA at http://www.cocca.cx
.GYDNR Policies apply to all domains and sub-level domains which end in the suffix
.gy and explain the rights and obligations between .GYDNR and the Registrant.
Those parts of .GYDNR Policies which are not part of the text of this Agreement are
incorporated into this Agreement by this reference. .GYDNR may accept the
Application by facilitating registration and resolution of the .gy Domain names(s);
such acceptance shall be deemed to have occurred at .GYDNR’s principal place of
business in the Cooperative Republic of Guyana.
.GYDNR may modify .GYDNR Policies from time to time. .GYDNR shall post (publish
on or link to) .GYDNR Policies on .GYDNR’s web site. Revised .GYDNR Policies
become effective thirty (30) calendar days after posting. .GYDNR may inform
registrants of changes to .GYDNR Policies via email and Registrant agrees that such
email shall not be considered spam; however, .GYDNR shall not be obligated to
provide such notice via email. The Registrant's use of .gy Domain name(s) following
the effective date constitutes the Registrant’s acceptance of the revised .GYDNR
Policies. In the event that the Registrant does not wish to be bound by the revised
.GYDNR Policies, the Registrant’s sole remedy is to cancel the registration of the .gy
Domain name(s), following the appropriate .GYDNR Policies regarding such
cancellation.
2. Registration Fee. The Registrant shall pay to an accredited registrar the
appropriate registration fee (“Registration Fee”) applicable at the time the
Registrant submits its Application to such accredited registrar. Payment of
Registration Fees shall be made in accordance with the requirements of the
accredited registrars and .GYDNR Policies are effective at the time the Registrant
submits such payment. All Registration Fees paid pursuant to this Agreement are
non-refundable except as provided for herein. It shall be the responsibility of the
accredited registrar to pay a separate registration fee owed to .GYDNR by such
registrar and no Application will be accepted until such separate registration fee is
paid. It shall not be the duty of .GYDNR to refund any Registration Fee or other fee
to the Registrant in the event of non-performance by such registrar, since the
disposition of such Registration Fee is being a matter of performance of a contract
between the Registrant and such registrar.
3. Term and Renewal Term. The Registrant's exclusive registration of the .gy
Domain name shall continue for the term specified in an accepted Application (the
“Term”). Registrant may have the right to renew a registration in accordance with
.GYDNR Policies in effect at the end of the Registrant’s then current Term.
4. Registrant Information. The Registrant shall ensure that:
(i) the information submitted by or on behalf of the Registrant to the .gy ccTLD
registry in connection with registration of the .gy Domain name(s) or otherwise
("Registrant Information") will during the Term comply with .GYDNR Policies and is
and will remain true, current, complete, accurate, and reliable; and (ii) the
Registrant shall maintain, update, and keep the Registrant Information true,
current, complete, accurate, and reliable by notifying .GYDNR immediately of a
change to any such information in accordance with the appropriate .GYDNR Policy
relating to modifications to the Registrant Information. .GYDNR reserves and may
exercise the right to terminate the Registrant’s registration of the .gy Domain name
if (i) information provided by the Registrant to .GYDNR is false, inaccurate,
incomplete, unreliable, misleading or otherwise secretive; or (ii) the Registrant fails
to maintain, update, and keep the Registrant Information true, current, complete,
accurate, and reliable. The Registrant acknowledges that a breach of this Section 4
will constitute a material breach of this Agreement which will entitle .GYDNR to
terminate this Agreement immediately upon such breach without any refund of the
Registration Fee and without notice to Registrant.
The Registrant acknowledges that all personal information about the Registrant
which is supplied to .GYDNR or an accredited registrar is held for the benefit of the
Cooperative Republic of Guyana and global internet communities and may be
required to be publicly disclosed to third parties and used to maintain a public
“Whois” service, provided that such disclosure is consistent with .GYDNR Policies.
(ii) Registrants must provide the following information to .GYDNR or its accredited
registrar:
• Legally recognized first and last name (surname) of the contact person for
the Registrant (this contact person may be the Registrant itself). If the
Registrant is an organization, association, Limited Liability Company,
Proprietary Limited Company, or other legally recognized entity, the contact
person must be a person authorized under the applicable law in the
applicable territory to legally bind the entity.
• Valid postal address of the Registrant.
• Functioning e-mail address of the Registrant.
• Working telephone number for the Registrant, including country code, area
code, and proper extension, if applicable.
Providing true, current, complete, and accurate contact information is an absolute
condition of registration of a .gy Domain name within the .gy ccTLD. If any
Registrant Information provided during registration or subsequent modification to
that information is false, inaccurate or misleading, or conceals or omits pertinent
information, .GYDNR may instruct the registry to terminate, suspend or place on
hold the .gy Domain name(s) of any Registrant without notification and without
refund to the Registrant.
(iii) The Registrant is responsible for keeping the Registrant Information up to date
and responding in a timely fashion to communications regarding the .gy Domain
name or other .gy domains registered by them; and
(iv) The Registrant may be requested to submit content, material, web page(s) or
URL(s) accessed through .GYDNR network to the manufactures of internet content
filters listed on the CoCCA website http://www.cocca.cx , and such request shall be
a binding obligation.
5. Agents. The Registrant understands, acknowledges and agrees that by using the
.gy Domain name, the Registrant ratifies and is bound by this Agreement (including
.GYDNR Policies incorporated into this Agreement) even if an agent (such as an
Internet Service Provider, Domain name retailer, or employee) entered into this
Agreement on the Registrant’s behalf, and even if the Registrant has not itself read
this Agreement. Further, the Registrant is responsible for all information submitted
by its agent. .GYDNR will not cancel this Agreement, or refund any fees, because of
any errors or omissions by the agent in the registration process or thereafter (e.g.
if such agent provides incorrect Registrant Information), as such apparent authority
will suffice to bind the Registrant. By acting on the Registrant’s behalf, such agent
represents and warrants to the Registrant and .GYDNR that the agent is authorised
to bind the Registrant hereto and that it has fully and thoroughly advised the
Registrant of the terms and conditions of this Agreement (including .GYDNR Policies
incorporated into this Agreement).
6. Scope of Registration. On payment of the Registration Fee to the registrar and
after payment by the registrar to .GYDNR of the separate registration fee and after
acceptance of the Application, the Registrant will be entitled to a licence for the
exclusive use of the domain name resolution services relating to the .gy Domain
name for the Term. However, the Registrant shall not use, display, exploit, or
register a .gy Domain name in any manner which may constitute illegal activity or
be in contravention or violation of .GYDNR Policies. The Registrant acknowledges
that a breach of this Section 6 will constitute a material breach of this Agreement
which will entitle .GYDNR to terminate this Agreement immediately upon such
breach without any refund of the Registration Fee. .GYDNR or an accredited
registrar may, in such party’s sole discretion, refuse registration of or discontinue to
provide services with respect to the Registrant's desired .gy Domain name within
thirty (30) calendar days from receipt of payment of the Registration Fee by the
accredited registrar. In case of such refusal without cause (“cause” being defined as
dishonouring any payment made to an accredited registrar and/or .GYDNR or any
violation of .GYDNR Policies), .GYDNR shall refund to the accredited registrar the
separate registration fee received by .GYDNR and the registrar shall refund to the
Registrant the Registration Fee. Neither .GYDNR, nor an accredited registrar, shall
be liable for any loss, damage, or other injury whatsoever resulting from .GYDNR or
registrar’s refusal to register or to discontinue services in relation to the
Registrant’s desired .gy Domain name.
7. Registrant Representations and Warranties. The Registrant represents, warrants,
and guarantees that:
(i) the Registrant understands that registration entitles the Registrant only to a
licence for the use of the domain name resolution services relating to the .gy
Domain name for the Term and that use of such services is subject to this
Agreement (including .GYDNR Policies) and other pertinent rules and laws, including
those concerning trademarks and other types of intellectual property, as these may
now exist or be revised from time to time;
(ii) to the best of the Registrant’s knowledge and belief, neither the registration of
the .gy Domain name nor the manner in which it is to be directly or indirectly used
infringes the legal rights or intellectual property rights of a third party;
(iii) the Registrant will use, display, or exploit the .gy Domain name in good faith,
and in accordance with the laws of The Cooperative Republic of Guyana,
international law, and applicable state laws and regulations, and will not use the .gy
Domain name in any way which may violate a subsisting right of .GYDNR or any
third party;
(iv) the information provided by the Registrant is true and accurate, and the
Registrant will update said information immediately if it changes;
(v) the Registrant is either (a) an identifiable human individual (over the age of 18
years); or (b) a legally recognized statutory entity (such as a Limited Liability
Company, Partnership, Association, Society or Proprietary Limited Company);
(vi) the Registrant will promptly notify .GYDNR of any actual or threatened
proceedings brought in respect of the words used as or incorporated in the .gy
Domain name whether by or against the Registrant;
(vii) the Registrant will not, directly or indirectly, through registration or use of the
.gy Domain name or otherwise
(a) register a .gy Domain name for the purpose of diverting trade from another
business or website;
(b) deliberately register as an .gy Domain name misspellings of another entity’s
personal, company or brand name in order to pass-off or trade on the business,
goodwill or reputation of another;
(c) grant or purport to grant a security interest or other encumbrance on or over
the .gy Domain name unless such security interest or other encumbrance does not
exceed the limited rights of the Registrant in the .gy Domain name, does not impair
the Registrant’s ability to fulfil the Registrant’s obligations under this Agreement,
and does not impose obligations on .GYDNR beyond the obligations owed by
.GYDNR to a registrant in the absence of such a security interest or encumbrance;
(viii) the Registrant meets and will continue to meet for the whole of the Term any
eligibility criteria prescribed in .GYDNR Policies for registering and using the .gy
Domain name;
(ix) that the Registrant will maintain the Registrant Information provided pursuant
to Section 4 according to the requirements of Section 4;
(x) the Registrant has not previously submitted an application for registration of a
domain name for the same character string with another registrar where:
(a) the Registrant is relying on the same eligibility criteria for both domain name
applications; and
(b) the character string has previously been rejected by the other registrar;
(xi) any content, material or web page contained on any Uniform Resource Locator
(“URL”), web site or web page accessing, utilising or accessed by means of the .gy
Domain name complies with .GYDNR Acceptable Use Policy and the CoCCA
recommendations and does not constitute or contain any illegal or prohibited
content, including, but not limited to indecent, obscene, or pornographic material
(as described more fully in .GYDNR Acceptable Use Policy), whether incorporated
directly into or linked from a web site resolved via an .gy Domain name;
(xii) the use of the .gy Domain name and of any web page or URL accessed by or
utilising the .gy Domain name will comply with the requirements of .GYDNR
Acceptable Use Policy and CoCCA recommended policies including, without
limitation, those policies relating to spam.
8. .GYDNR Representations and Warranties. .GYDNR represents, warrants, and
guarantees that:
(i) .GYDNR manages the .gy top level domain name in trust for the Cooperative
Republic of Guyana Community;
(ii) .GYDNR has the full right, power, legal capacity, ability, and authority to enter
into this Agreement, and to carry out the terms and conditions hereof
notwithstanding the disclaimer below;
(iii) .GYDNR will process the Registrant’s Application and consider whether to accept
or reject it in accordance with the criteria laid down in this Agreement (including
.GYDNR Policies);and
(iv) .GYDNR will, if the Application is successful, use its reasonable endeavours to
ensure that the details supplied by the Registrant are entered into and maintained
in the .gy zone file.
.GYDNR’s breach or misrepresentation of these warranties shall constitute a
material breach of this Agreement. In the event of such material breach by
.GYDNR, the Registrant's only recourse against .GYDNR shall be to terminate its
Agreement with .GYDNR. .GYDNR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES
OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE MAXIMUM EXTENT POSSIBLE, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND AGAINST
INFRINGEMENT. .GYDNR DOES NOT GUARANTEE ANY INFORMATION PROVIDED TO
THE REGISTRANT BY IT OR ITS AGENTS NOT INCORPORATED INTO THIS
AGREEMENT AND, ACCORDINGLY, NO SUCH INFORMATION CREATES ANY EXPRESS
OR IMPLIED WARRANTY. .GYDNR’S SERVICES ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS AND THE REGISTRANT AGREES THAT .GYDNR WILL
REGISTER DOMAIN NAMES ON A FIRST COME, FIRST SERVED BASIS. .GYDNR
DOES NOT GUARANTEE THAT ANY DOMAIN APPLIED FOR BY THE REGISTRANT
WILL BE AVAILABLE OR WILL BE SUCCESSFULLY REGISTERED, AND THE
REGISTRANT AGREES THAT IT DOES NOT HAVE ANY RIGHT OF OWNERSHIP IN A
REGISTERED DOMAIN.
9. Breach. Failure of a Registrant to abide by any provision of this Agreement
(including .GYDNR Policies) may be considered a material breach. In the event of
such material breach, .GYDNR may provide a written (including email) notice to the
Registrant describing the breach. The Registrant in such event then has thirty (30)
days to rectify or cure such breach or to provide evidence reasonably satisfactory to
.GYDNR that there is no breach of this Agreement or .GYDNR Policies. In the event
of a breach that is not rectified, cured or refuted by the Registrant to .GYDNR’s
satisfaction, .GYDNR may cancel the Registrant’s registration of and licence to use
the .gy Domain name without refund and without further notice, and pursue any
and all legal remedies it may have against the Registrant. Any such breach by the
Registrant shall not be deemed excused in the event that .GYDNR did not act earlier
in response to the breach by Registrant. In the event of a breach which, in the
opinion of .GYDNR or an accredited registrar, causes immediate harm to the public
interest or .GYDNR Network or which violates any applicable law or regulation, then
an accredited registrar and/or .GYDNR may modify, suspend, or terminate services
to the Registrant without written notice, the modification, suspension, or
termination of services constituting notice to Registrant that such a breach has
occurred. See Section 12, below for important limitations on the liability of .GYDNR
and accredited registrars with regard to good faith acts by such parties under this
Section.
10. Disputes Involving Registrants. The Registrant acknowledges that .GYDNR
cannot, and does not, screen or otherwise review any Application to verify that the
Registrant has legal rights to use a particular character string as or in an .gy
Domain name. In the event that any party disputes the Registrant's legal right to
use, display, exploit, or register the .gy Domain name in any fashion, including
allegations that prohibited material (as defined in .GYDNR Acceptable Use Policy) is
displayed on or linked to from a website which is resolved via an .gy Domain name,
.GYDNR and the Registrant shall act in accordance with and agree to be bound by
.GYDNR’s Complaint Resolution Policy and Service. The Registrant is strongly
encouraged to, prior to applying for registration of the .gy Domain name; perform a
trademark search with respect to the acronyms, words and/or phrases comprising
the .gy Domain name. The Registrant will be solely liable in the event that the
Registrant’s use of a .gy Domain name constitutes an infringement or other
violation of a third party’s rights.
11. Indemnity. The Registrant shall defend, indemnify, and hold harmless .GYDNR,
the registry operator, accredited registrars and such parties’ officers, directors,
shareholders, owners, managers, employees, agents, contractors, affiliates, lawyers
and attorneys (".GYDNR Related Parties") from and against any and all claims of
third parties or made by the Registrant, including, but not limited to all loss,
liability, claims, demands, damages, cost or expense, causes of action, suits,
proceedings, judgements, awards, executions and liens, including reasonable
lawyers or attorneys' fees (which lawyers or attorneys shall be hired at the sole
discretion of the indemnified party) and costs (including claims without legal merit
or brought in bad faith), relating to or arising under this Agreement, the
registration or use of the indemnified party’s domain registration or other services,
or to the .gy Domain name itself, including the Registrant's use, display,
exploitation, or registration of the .gy Domain name, as well as for any infringing or
otherwise damaging content displayed or otherwise made available on or by means
of the .gy Domain name. If an indemnified party is threatened by claims or suit of a
third party, the indemnified party may seek written assurances from the Registrant
concerning the Registrant’s indemnification obligations. Failure to provide such
written assurances is a material breach of this Agreement. Failure of the Registrant
to fully indemnify the indemnified party in a timely manner may result in
termination, suspension, or modification of the domain name registration services
and any such termination, suspension, or modification shall in no way prejudice or
substitute for an indemnified party’s right to seek indemnification by way of
litigation or otherwise.
12. DISCLAIMER AND LIMITATION OF LIABILITY. The Registrant
acknowledges and agrees that, to the maximum extent possible, .GYDNR AND
.GYDNR RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF
PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN
ANY OTHER WAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE. ADDITIONALLY, .GYDNR AND .GYDNR RELATED PARTIES SHALL NOT
BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT
MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM
"HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR
LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR SERVICES
RELATED TO THE DOMAIN NAME.
IN THE EVENT THAT .GYDNR OR A .GYDNR RELATED PARTY TAKES ACTION WITH
RESPECT TO A .gy DOMAIN NAME PURSUANT TO SECTION 9, WHICH ACTION IS
REVERSED, MODIFIED, OR ACKNOWLEDGED TO HAVE BEEN INCORRECT BY
.GYDNR, A .GYDNR RELATED PARTY, BY OR THROUGH .GYDNR COMPLAINT
RESOLUTION SERVICE, OR BY A COURT, THEN REGISTRANT AGREES THAT,
ABSENT BAD FAITH BY SUCH PARTY, THAT .GYDNR AND .GYDNR RELATED
PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE
REGISTRANT MAY SUFFER THEREBY, EVEN IF .GYDNR OR .GYDNR RELATED
PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND
EVEN IF .GYDNR OR .GYDNR RELATED PARTIES MAY FORESEE SUCH POSSIBLE
DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES
SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT
POSSIBLE, A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE
CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE
REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT
DAMAGES FLOWING FROM THIS AGREEMENT.
IN ADDITION, .GYDNR AND .GYDNR RELATED PARTIES ARE NOT LIABLE
WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE
OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE,
ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS
DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF
GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-
STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS
AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-
DELEGATION OF THE .gy TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY,
EVEN IF .GYDNR OR .GYDNR RELATED PARTIES HAVE BEEN ADVISED OF THE
POTENTIAL FOR SUCH DAMAGES, AND EVEN IF .GYDNR OR .GYDNR RELATED
PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE
REMEDY FOR .GYDNR OR .GYDNR RELATED PARTIES’ BREACH OF THIS
AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF .GYDNR OR .GYDNR
RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A REFUND OF THE
REGISTRATION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A
RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES
CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS
AGREEMENT. THE REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING
FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE
AMOUNT OF MONEY PAID TO .GYDNR OR .GYDNR RELATED PARTIES BY THE
REGISTRANT.
13. Notices. Notices to .GYDNR shall be delivered by registered or certified mail,
postage prepaid, or reputable commercial courier service (e.g., Express Mail or
Federal Express) in the manner of quickest delivery (i.e., overnight delivery, if
possible) to:
Administrator
.GY Domain Name Registry
Centre for Information Technology
University of Guyana
Turkeyen Campus
P.O. Box 101110
Georgetown
GUYANA
Notices mailed by registered or certified official mail of a country shall be deemed
delivered on receipt.
Notices to Registrant shall be delivered by registered or certified mail, postage
prepaid, or reputable commercial courier service (e.g., Express Mail or Federal Ex
press) in the manner of quickest delivery (i.e., overnight delivery, if possible) or, in
the sole discretion of .GYDNR or a .GYDNR Related Party, by email or fax to the
Registrant Information.
14. Governing Law / Forum Selection. For all disputes in which .GYDNR may be or
is a party to the dispute, this registration agreement shall be exclusively governed
by the laws of the Cooperative Republic of Guyana applicable to contracts made and
performed in the Cooperative Republic of Guyana, without regard to conflict of laws
principles. The Registrant hereby consents to the exclusive personal jurisdiction of
the courts of the Cooperative Republic of Guyana, for any and all claims or disputes
directed against .GYDNR and which arise out of, purport to enforce, construe, or
otherwise relate to the .gy Domain name, this Agreement, or .GYDNR Policies. The
exclusive venue for such action shall be the Courts of the Cooperative Republic of
Guyana. The Registrant waives any right to object to venue or jurisdiction based on
inconvenient forum or for any other reason, and the Registrant waives any
statutory or other right pursuant to the laws of the jurisdiction in which Registrant
resides to have a case relating to this Agreement adjudicated or resolved in that
jurisdiction. By way of information and not as a term binding against .GYDNR,
disputes not involving .GYDNR as a party may be governed by a governing law
and/or forum selection clause contained in a separate agreement, if any, between
the Registrant and such other disputant (for example, disputes between and
accredited registrar and a Registrant may be governed by a separate agreement, if
any, between the Registrant and the accredited registrar); provided, however, that
no such separate agreement may modify or waive either .GYDNR’s or Registrant’s
consent to exclusive choice of law, jurisdiction, and venue in the Cooperative
Republic of Guyana and the courts of the Cooperative Republic of Guyana for
disputes in which .GYDNR is or may be a party, as described above.
15. Ownership of Information and Data. Registrant agrees and acknowledges that
.GYDNR and/or any .GYDNR delegate shall own all database, compilation, collective
and similar rights, title and interests worldwide in any domain name database(s),
and all information and derivative works generated from the domain name
database(s) and that such domain name database may include, without limitation,
(a) the original creation date of domain name registration(s), (b) the expiration
date of domain name registration(s), (c) the name, postal address, e-mail address,
voice telephone number, and where available fax number of all contacts for domain
name registration(s), (d) any remarks concerning registered domain name(s) that
appear or should appear in the “Whois” or similar information repositories, and (e)
any other information generated or obtained in connection with providing domain
name registration services. .GYDNR and/or any .GYDNR delegate shall not have any
ownership interest in a single Registrant’s specific Registration Information outside
of .GYDNR and/or any .GYDNR delegate’s rights in one or more domain name
database(s).
16. Severability. If any provision of this Agreement is held invalid, unenforceable,
or void, the remainder of the Agreement shall not be affected thereby and shall
continue in full force and effect as nearly as possible to reflect the original intention
of .GYDNR and the Registrant in executing this Agreement.
17. No Waiver. The failure of either party at any time to enforce any right or
remedy available to it under this Agreement with respect to any breach or failure by
the other party shall not be a waiver of such right or remedy with respect to any
other breach or failure by the other party.
18. Full Integration. This Agreement, together with .GYDNR Policies expressly
incorporated herein by reference, constitutes the entire agreement between the
Registrant and .GYDNR relating to the .gy Domain name. No prior or
contemporaneous written, oral, and electronic representation, negotiation, or
agreement form a part of this Agreement, and this Agreement supersedes all prior
written, oral, or electronic agreements between the Registrant and .GYDNR relating
to the .gy Domain name. Additional agreements, if any, may be entered into
between the Registrant and accredited registrars relating to domain name services
in the .gy TLD provided by such accredited registrars, provided that no such
additional agreement may waive, alter, or supersede any provision of this
Agreement nor may such an additional agreement impose any obligation upon
.GYDNR without .GYDNR’s express written consent. If there is any conflict between
such additional agreements and this Agreement, this Agreement shall control.
19. Written Agreement. This Agreement constitutes a written agreement between
Registrant and .GYDNR even though the Registrant's Application may be dispatched
electronically, and even though .GYDNR may accept the Application electronically. A
printed version of this Agreement, and of any notice given in electronic form related
to this Agreement, shall be admissible in judicial or administrative proceedings to
the same extent, and subject to the same restrictions, as other business contracts,
documents, or records originally generated and maintained in printed form.
20. Assignment
The parties agree that .GYDNR is able to assign this Agreement to a third party
without prior written notice to the Registrant.
21. Survival of Obligations. The parties agree that clauses 6, 7, 8, 9, 10, 11, 12,
13, 14, and 15 shall survive the expiry or termination of this Agreement.
THIS AGREEMENT IS EFFECTIVE AND BINDING as of the date of acceptance hereof
by .GYDNR (i.e., the date of registration of the .gy Domain name).
REGISTRATION AGREEMENT (.GY)
This REGISTRATION AGREEMENT (the "Agreement") is entered into, by and
between the .GY domain name registrant ("Registrant") and the .GYDNR located in
the Centre for Information Technology, University of Guyana. Additional
agreements, if any, may be entered into between the Registrant and accredited
registrars relating to domain name services in the .gy ccTLD provided by such
accredited registrars, provided that no such additional agreement may waive, alter,
or supersede any provision of this Agreement. If there is any conflict between such
additional agreements and this Agreement, this Agreement shall control.
TERMS AND CONDITIONS:
1. By applying to register one or more .gy domain names (the “.gy Domain
name(s)”) with an accredited registrar in the .gy ccTLD (hereinafter referred to as
an “Application”) or by using one or more .gy Domain name(s), the Registrant
acknowledges that it has read and agrees to be bound by all terms and conditions
of this Agreement as well as the following documents, policies, and agreements
which are incorporated into this Agreement by this reference and which shall
hereinafter (together with this Agreement) be referred to as the “.GYDNR Policies”:
• The registration rules
• The .gy ccTLD Policies
• The Privacy Policy
• .GYDNR Acceptable Use Policy (“AUP”)
• .GYDNR Complaint Resolution Service rules and policies
• Other .GYDNR rules or policies that are now, or may in the future, be
published by .GYDNR or CoCCA at http://www.cocca.cx
.GYDNR Policies apply to all domains and sub-level domains which end in the suffix
.gy and explain the rights and obligations between .GYDNR and the Registrant.
Those parts of .GYDNR Policies which are not part of the text of this Agreement are
incorporated into this Agreement by this reference. .GYDNR may accept the
Application by facilitating registration and resolution of the .gy Domain names(s);
such acceptance shall be deemed to have occurred at .GYDNR’s principal place of
business in the Cooperative Republic of Guyana.
.GYDNR may modify .GYDNR Policies from time to time. .GYDNR shall post (publish
on or link to) .GYDNR Policies on .GYDNR’s web site. Revised .GYDNR Policies
become effective thirty (30) calendar days after posting. .GYDNR may inform
registrants of changes to .GYDNR Policies via email and Registrant agrees that such
email shall not be considered spam; however, .GYDNR shall not be obligated to
provide such notice via email. The Registrant's use of .gy Domain name(s) following
the effective date constitutes the Registrant’s acceptance of the revised .GYDNR
Policies. In the event that the Registrant does not wish to be bound by the revised
.GYDNR Policies, the Registrant’s sole remedy is to cancel the registration of the .gy
Domain name(s), following the appropriate .GYDNR Policies regarding such
cancellation.
2. Registration Fee. The Registrant shall pay to an accredited registrar the
appropriate registration fee (“Registration Fee”) applicable at the time the
Registrant submits its Application to such accredited registrar. Payment of
Registration Fees shall be made in accordance with the requirements of the
accredited registrars and .GYDNR Policies are effective at the time the Registrant
submits such payment. All Registration Fees paid pursuant to this Agreement are
non-refundable except as provided for herein. It shall be the responsibility of the
accredited registrar to pay a separate registration fee owed to .GYDNR by such
registrar and no Application will be accepted until such separate registration fee is
paid. It shall not be the duty of .GYDNR to refund any Registration Fee or other fee
to the Registrant in the event of non-performance by such registrar, since the
disposition of such Registration Fee is being a matter of performance of a contract
between the Registrant and such registrar.
3. Term and Renewal Term. The Registrant's exclusive registration of the .gy
Domain name shall continue for the term specified in an accepted Application (the
“Term”). Registrant may have the right to renew a registration in accordance with
.GYDNR Policies in effect at the end of the Registrant’s then current Term.
4. Registrant Information. The Registrant shall ensure that:
(i) the information submitted by or on behalf of the Registrant to the .gy ccTLD
registry in connection with registration of the .gy Domain name(s) or otherwise
("Registrant Information") will during the Term comply with .GYDNR Policies and is
and will remain true, current, complete, accurate, and reliable; and (ii) the
Registrant shall maintain, update, and keep the Registrant Information true,
current, complete, accurate, and reliable by notifying .GYDNR immediately of a
change to any such information in accordance with the appropriate .GYDNR Policy
relating to modifications to the Registrant Information. .GYDNR reserves and may
exercise the right to terminate the Registrant’s registration of the .gy Domain name
if (i) information provided by the Registrant to .GYDNR is false, inaccurate,
incomplete, unreliable, misleading or otherwise secretive; or (ii) the Registrant fails
to maintain, update, and keep the Registrant Information true, current, complete,
accurate, and reliable. The Registrant acknowledges that a breach of this Section 4
will constitute a material breach of this Agreement which will entitle .GYDNR to
terminate this Agreement immediately upon such breach without any refund of the
Registration Fee and without notice to Registrant.
The Registrant acknowledges that all personal information about the Registrant
which is supplied to .GYDNR or an accredited registrar is held for the benefit of the
Cooperative Republic of Guyana and global internet communities and may be
required to be publicly disclosed to third parties and used to maintain a public
“Whois” service, provided that such disclosure is consistent with .GYDNR Policies.
(ii) Registrants must provide the following information to .GYDNR or its accredited
registrar:
• Legally recognized first and last name (surname) of the contact person for
the Registrant (this contact person may be the Registrant itself). If the
Registrant is an organization, association, Limited Liability Company,
Proprietary Limited Company, or other legally recognized entity, the contact
person must be a person authorized under the applicable law in the
applicable territory to legally bind the entity.
• Valid postal address of the Registrant.
• Functioning e-mail address of the Registrant.
• Working telephone number for the Registrant, including country code, area
code, and proper extension, if applicable.
Providing true, current, complete, and accurate contact information is an absolute
condition of registration of a .gy Domain name within the .gy ccTLD. If any
Registrant Information provided during registration or subsequent modification to
that information is false, inaccurate or misleading, or conceals or omits pertinent
information, .GYDNR may instruct the registry to terminate, suspend or place on
hold the .gy Domain name(s) of any Registrant without notification and without
refund to the Registrant.
(iii) The Registrant is responsible for keeping the Registrant Information up to date
and responding in a timely fashion to communications regarding the .gy Domain
name or other .gy domains registered by them; and
(iv) The Registrant may be requested to submit content, material, web page(s) or
URL(s) accessed through .GYDNR network to the manufactures of internet content
filters listed on the CoCCA website http://www.cocca.cx , and such request shall be
a binding obligation.
5. Agents. The Registrant understands, acknowledges and agrees that by using the
.gy Domain name, the Registrant ratifies and is bound by this Agreement (including
.GYDNR Policies incorporated into this Agreement) even if an agent (such as an
Internet Service Provider, Domain name retailer, or employee) entered into this
Agreement on the Registrant’s behalf, and even if the Registrant has not itself read
this Agreement. Further, the Registrant is responsible for all information submitted
by its agent. .GYDNR will not cancel this Agreement, or refund any fees, because of
any errors or omissions by the agent in the registration process or thereafter (e.g.
if such agent provides incorrect Registrant Information), as such apparent authority
will suffice to bind the Registrant. By acting on the Registrant’s behalf, such agent
represents and warrants to the Registrant and .GYDNR that the agent is authorised
to bind the Registrant hereto and that it has fully and thoroughly advised the
Registrant of the terms and conditions of this Agreement (including .GYDNR Policies
incorporated into this Agreement).
6. Scope of Registration. On payment of the Registration Fee to the registrar and
after payment by the registrar to .GYDNR of the separate registration fee and after
acceptance of the Application, the Registrant will be entitled to a licence for the
exclusive use of the domain name resolution services relating to the .gy Domain
name for the Term. However, the Registrant shall not use, display, exploit, or
register a .gy Domain name in any manner which may constitute illegal activity or
be in contravention or violation of .GYDNR Policies. The Registrant acknowledges
that a breach of this Section 6 will constitute a material breach of this Agreement
which will entitle .GYDNR to terminate this Agreement immediately upon such
breach without any refund of the Registration Fee. .GYDNR or an accredited
registrar may, in such party’s sole discretion, refuse registration of or discontinue to
provide services with respect to the Registrant's desired .gy Domain name within
thirty (30) calendar days from receipt of payment of the Registration Fee by the
accredited registrar. In case of such refusal without cause (“cause” being defined as
dishonouring any payment made to an accredited registrar and/or .GYDNR or any
violation of .GYDNR Policies), .GYDNR shall refund to the accredited registrar the
separate registration fee received by .GYDNR and the registrar shall refund to the
Registrant the Registration Fee. Neither .GYDNR, nor an accredited registrar, shall
be liable for any loss, damage, or other injury whatsoever resulting from .GYDNR or
registrar’s refusal to register or to discontinue services in relation to the
Registrant’s desired .gy Domain name.
7. Registrant Representations and Warranties. The Registrant represents, warrants,
and guarantees that:
(i) the Registrant understands that registration entitles the Registrant only to a
licence for the use of the domain name resolution services relating to the .gy
Domain name for the Term and that use of such services is subject to this
Agreement (including .GYDNR Policies) and other pertinent rules and laws, including
those concerning trademarks and other types of intellectual property, as these may
now exist or be revised from time to time;
(ii) to the best of the Registrant’s knowledge and belief, neither the registration of
the .gy Domain name nor the manner in which it is to be directly or indirectly used
infringes the legal rights or intellectual property rights of a third party;
(iii) the Registrant will use, display, or exploit the .gy Domain name in good faith,
and in accordance with the laws of The Cooperative Republic of Guyana,
international law, and applicable state laws and regulations, and will not use the .gy
Domain name in any way which may violate a subsisting right of .GYDNR or any
third party;
(iv) the information provided by the Registrant is true and accurate, and the
Registrant will update said information immediately if it changes;
(v) the Registrant is either (a) an identifiable human individual (over the age of 18
years); or (b) a legally recognized statutory entity (such as a Limited Liability
Company, Partnership, Association, Society or Proprietary Limited Company);
(vi) the Registrant will promptly notify .GYDNR of any actual or threatened
proceedings brought in respect of the words used as or incorporated in the .gy
Domain name whether by or against the Registrant;
(vii) the Registrant will not, directly or indirectly, through registration or use of the
.gy Domain name or otherwise
(a) register a .gy Domain name for the purpose of diverting trade from another
business or website;
(b) deliberately register as an .gy Domain name misspellings of another entity’s
personal, company or brand name in order to pass-off or trade on the business,
goodwill or reputation of another;
(c) grant or purport to grant a security interest or other encumbrance on or over
the .gy Domain name unless such security interest or other encumbrance does not
exceed the limited rights of the Registrant in the .gy Domain name, does not impair
the Registrant’s ability to fulfil the Registrant’s obligations under this Agreement,
and does not impose obligations on .GYDNR beyond the obligations owed by
.GYDNR to a registrant in the absence of such a security interest or encumbrance;
(viii) the Registrant meets and will continue to meet for the whole of the Term any
eligibility criteria prescribed in .GYDNR Policies for registering and using the .gy
Domain name;
(ix) that the Registrant will maintain the Registrant Information provided pursuant
to Section 4 according to the requirements of Section 4;
(x) the Registrant has not previously submitted an application for registration of a
domain name for the same character string with another registrar where:
(a) the Registrant is relying on the same eligibility criteria for both domain name
applications; and
(b) the character string has previously been rejected by the other registrar;
(xi) any content, material or web page contained on any Uniform Resource Locator
(“URL”), web site or web page accessing, utilising or accessed by means of the .gy
Domain name complies with .GYDNR Acceptable Use Policy and the CoCCA
recommendations and does not constitute or contain any illegal or prohibited
content, including, but not limited to indecent, obscene, or pornographic material
(as described more fully in .GYDNR Acceptable Use Policy), whether incorporated
directly into or linked from a web site resolved via an .gy Domain name;
(xii) the use of the .gy Domain name and of any web page or URL accessed by or
utilising the .gy Domain name will comply with the requirements of .GYDNR
Acceptable Use Policy and CoCCA recommended policies including, without
limitation, those policies relating to spam.
8. .GYDNR Representations and Warranties. .GYDNR represents, warrants, and
guarantees that:
(i) .GYDNR manages the .gy top level domain name in trust for the Cooperative
Republic of Guyana Community;
(ii) .GYDNR has the full right, power, legal capacity, ability, and authority to enter
into this Agreement, and to carry out the terms and conditions hereof
notwithstanding the disclaimer below;
(iii) .GYDNR will process the Registrant’s Application and consider whether to accept
or reject it in accordance with the criteria laid down in this Agreement (including
.GYDNR Policies);and
(iv) .GYDNR will, if the Application is successful, use its reasonable endeavours to
ensure that the details supplied by the Registrant are entered into and maintained
in the .gy zone file.
.GYDNR’s breach or misrepresentation of these warranties shall constitute a
material breach of this Agreement. In the event of such material breach by
.GYDNR, the Registrant's only recourse against .GYDNR shall be to terminate its
Agreement with .GYDNR. .GYDNR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES
OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE MAXIMUM EXTENT POSSIBLE, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND AGAINST
INFRINGEMENT. .GYDNR DOES NOT GUARANTEE ANY INFORMATION PROVIDED TO
THE REGISTRANT BY IT OR ITS AGENTS NOT INCORPORATED INTO THIS
AGREEMENT AND, ACCORDINGLY, NO SUCH INFORMATION CREATES ANY EXPRESS
OR IMPLIED WARRANTY. .GYDNR’S SERVICES ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS AND THE REGISTRANT AGREES THAT .GYDNR WILL
REGISTER DOMAIN NAMES ON A FIRST COME, FIRST SERVED BASIS. .GYDNR
DOES NOT GUARANTEE THAT ANY DOMAIN APPLIED FOR BY THE REGISTRANT
WILL BE AVAILABLE OR WILL BE SUCCESSFULLY REGISTERED, AND THE
REGISTRANT AGREES THAT IT DOES NOT HAVE ANY RIGHT OF OWNERSHIP IN A
REGISTERED DOMAIN.
9. Breach. Failure of a Registrant to abide by any provision of this Agreement
(including .GYDNR Policies) may be considered a material breach. In the event of
such material breach, .GYDNR may provide a written (including email) notice to the
Registrant describing the breach. The Registrant in such event then has thirty (30)
days to rectify or cure such breach or to provide evidence reasonably satisfactory to
.GYDNR that there is no breach of this Agreement or .GYDNR Policies. In the event
of a breach that is not rectified, cured or refuted by the Registrant to .GYDNR’s
satisfaction, .GYDNR may cancel the Registrant’s registration of and licence to use
the .gy Domain name without refund and without further notice, and pursue any
and all legal remedies it may have against the Registrant. Any such breach by the
Registrant shall not be deemed excused in the event that .GYDNR did not act earlier
in response to the breach by Registrant. In the event of a breach which, in the
opinion of .GYDNR or an accredited registrar, causes immediate harm to the public
interest or .GYDNR Network or which violates any applicable law or regulation, then
an accredited registrar and/or .GYDNR may modify, suspend, or terminate services
to the Registrant without written notice, the modification, suspension, or
termination of services constituting notice to Registrant that such a breach has
occurred. See Section 12, below for important limitations on the liability of .GYDNR
and accredited registrars with regard to good faith acts by such parties under this
Section.
10. Disputes Involving Registrants. The Registrant acknowledges that .GYDNR
cannot, and does not, screen or otherwise review any Application to verify that the
Registrant has legal rights to use a particular character string as or in an .gy
Domain name. In the event that any party disputes the Registrant's legal right to
use, display, exploit, or register the .gy Domain name in any fashion, including
allegations that prohibited material (as defined in .GYDNR Acceptable Use Policy) is
displayed on or linked to from a website which is resolved via an .gy Domain name,
.GYDNR and the Registrant shall act in accordance with and agree to be bound by
.GYDNR’s Complaint Resolution Policy and Service. The Registrant is strongly
encouraged to, prior to applying for registration of the .gy Domain name; perform a
trademark search with respect to the acronyms, words and/or phrases comprising
the .gy Domain name. The Registrant will be solely liable in the event that the
Registrant’s use of a .gy Domain name constitutes an infringement or other
violation of a third party’s rights.
11. Indemnity. The Registrant shall defend, indemnify, and hold harmless .GYDNR,
the registry operator, accredited registrars and such parties’ officers, directors,
shareholders, owners, managers, employees, agents, contractors, affiliates, lawyers
and attorneys (".GYDNR Related Parties") from and against any and all claims of
third parties or made by the Registrant, including, but not limited to all loss,
liability, claims, demands, damages, cost or expense, causes of action, suits,
proceedings, judgements, awards, executions and liens, including reasonable
lawyers or attorneys' fees (which lawyers or attorneys shall be hired at the sole
discretion of the indemnified party) and costs (including claims without legal merit
or brought in bad faith), relating to or arising under this Agreement, the
registration or use of the indemnified party’s domain registration or other services,
or to the .gy Domain name itself, including the Registrant's use, display,
exploitation, or registration of the .gy Domain name, as well as for any infringing or
otherwise damaging content displayed or otherwise made available on or by means
of the .gy Domain name. If an indemnified party is threatened by claims or suit of a
third party, the indemnified party may seek written assurances from the Registrant
concerning the Registrant’s indemnification obligations. Failure to provide such
written assurances is a material breach of this Agreement. Failure of the Registrant
to fully indemnify the indemnified party in a timely manner may result in
termination, suspension, or modification of the domain name registration services
and any such termination, suspension, or modification shall in no way prejudice or
substitute for an indemnified party’s right to seek indemnification by way of
litigation or otherwise.
12. DISCLAIMER AND LIMITATION OF LIABILITY. The Registrant
acknowledges and agrees that, to the maximum extent possible, .GYDNR AND
.GYDNR RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF
PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN
ANY OTHER WAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE. ADDITIONALLY, .GYDNR AND .GYDNR RELATED PARTIES SHALL NOT
BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT
MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM
"HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR
LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR SERVICES
RELATED TO THE DOMAIN NAME.
IN THE EVENT THAT .GYDNR OR A .GYDNR RELATED PARTY TAKES ACTION WITH
RESPECT TO A .gy DOMAIN NAME PURSUANT TO SECTION 9, WHICH ACTION IS
REVERSED, MODIFIED, OR ACKNOWLEDGED TO HAVE BEEN INCORRECT BY
.GYDNR, A .GYDNR RELATED PARTY, BY OR THROUGH .GYDNR COMPLAINT
RESOLUTION SERVICE, OR BY A COURT, THEN REGISTRANT AGREES THAT,
ABSENT BAD FAITH BY SUCH PARTY, THAT .GYDNR AND .GYDNR RELATED
PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE
REGISTRANT MAY SUFFER THEREBY, EVEN IF .GYDNR OR .GYDNR RELATED
PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND
EVEN IF .GYDNR OR .GYDNR RELATED PARTIES MAY FORESEE SUCH POSSIBLE
DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES
SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT
POSSIBLE, A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE
CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE
REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT
DAMAGES FLOWING FROM THIS AGREEMENT.
IN ADDITION, .GYDNR AND .GYDNR RELATED PARTIES ARE NOT LIABLE
WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE
OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE,
ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS
DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF
GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-
STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS
AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-
DELEGATION OF THE .gy TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY,
EVEN IF .GYDNR OR .GYDNR RELATED PARTIES HAVE BEEN ADVISED OF THE
POTENTIAL FOR SUCH DAMAGES, AND EVEN IF .GYDNR OR .GYDNR RELATED
PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE
REMEDY FOR .GYDNR OR .GYDNR RELATED PARTIES’ BREACH OF THIS
AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF .GYDNR OR .GYDNR
RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A REFUND OF THE
REGISTRATION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A
RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES
CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS
AGREEMENT. THE REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING
FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE
AMOUNT OF MONEY PAID TO .GYDNR OR .GYDNR RELATED PARTIES BY THE
REGISTRANT.
13. Notices. Notices to .GYDNR shall be delivered by registered or certified mail,
postage prepaid, or reputable commercial courier service (e.g., Express Mail or
Federal Express) in the manner of quickest delivery (i.e., overnight delivery, if
possible) to:
Administrator
.GY Domain Name Registry
Centre for Information Technology
University of Guyana
Turkeyen Campus
P.O. Box 101110
Georgetown
GUYANA
Notices mailed by registered or certified official mail of a country shall be deemed
delivered on receipt.
Notices to Registrant shall be delivered by registered or certified mail, postage
prepaid, or reputable commercial courier service (e.g., Express Mail or Federal Ex
press) in the manner of quickest delivery (i.e., overnight delivery, if possible) or, in
the sole discretion of .GYDNR or a .GYDNR Related Party, by email or fax to the
Registrant Information.
14. Governing Law / Forum Selection. For all disputes in which .GYDNR may be or
is a party to the dispute, this registration agreement shall be exclusively governed
by the laws of the Cooperative Republic of Guyana applicable to contracts made and
performed in the Cooperative Republic of Guyana, without regard to conflict of laws
principles. The Registrant hereby consents to the exclusive personal jurisdiction of
the courts of the Cooperative Republic of Guyana, for any and all claims or disputes
directed against .GYDNR and which arise out of, purport to enforce, construe, or
otherwise relate to the .gy Domain name, this Agreement, or .GYDNR Policies. The
exclusive venue for such action shall be the Courts of the Cooperative Republic of
Guyana. The Registrant waives any right to object to venue or jurisdiction based on
inconvenient forum or for any other reason, and the Registrant waives any
statutory or other right pursuant to the laws of the jurisdiction in which Registrant
resides to have a case relating to this Agreement adjudicated or resolved in that
jurisdiction. By way of information and not as a term binding against .GYDNR,
disputes not involving .GYDNR as a party may be governed by a governing law
and/or forum selection clause contained in a separate agreement, if any, between
the Registrant and such other disputant (for example, disputes between and
accredited registrar and a Registrant may be governed by a separate agreement, if
any, between the Registrant and the accredited registrar); provided, however, that
no such separate agreement may modify or waive either .GYDNR’s or Registrant’s
consent to exclusive choice of law, jurisdiction, and venue in the Cooperative
Republic of Guyana and the courts of the Cooperative Republic of Guyana for
disputes in which .GYDNR is or may be a party, as described above.
15. Ownership of Information and Data. Registrant agrees and acknowledges that
.GYDNR and/or any .GYDNR delegate shall own all database, compilation, collective
and similar rights, title and interests worldwide in any domain name database(s),
and all information and derivative works generated from the domain name
database(s) and that such domain name database may include, without limitation,
(a) the original creation date of domain name registration(s), (b) the expiration
date of domain name registration(s), (c) the name, postal address, e-mail address,
voice telephone number, and where available fax number of all contacts for domain
name registration(s), (d) any remarks concerning registered domain name(s) that
appear or should appear in the “Whois” or similar information repositories, and (e)
any other information generated or obtained in connection with providing domain
name registration services. .GYDNR and/or any .GYDNR delegate shall not have any
ownership interest in a single Registrant’s specific Registration Information outside
of .GYDNR and/or any .GYDNR delegate’s rights in one or more domain name
database(s).
16. Severability. If any provision of this Agreement is held invalid, unenforceable,
or void, the remainder of the Agreement shall not be affected thereby and shall
continue in full force and effect as nearly as possible to reflect the original intention
of .GYDNR and the Registrant in executing this Agreement.
17. No Waiver. The failure of either party at any time to enforce any right or
remedy available to it under this Agreement with respect to any breach or failure by
the other party shall not be a waiver of such right or remedy with respect to any
other breach or failure by the other party.
18. Full Integration. This Agreement, together with .GYDNR Policies expressly
incorporated herein by reference, constitutes the entire agreement between the
Registrant and .GYDNR relating to the .gy Domain name. No prior or
contemporaneous written, oral, and electronic representation, negotiation, or
agreement form a part of this Agreement, and this Agreement supersedes all prior
written, oral, or electronic agreements between the Registrant and .GYDNR relating
to the .gy Domain name. Additional agreements, if any, may be entered into
between the Registrant and accredited registrars relating to domain name services
in the .gy TLD provided by such accredited registrars, provided that no such
additional agreement may waive, alter, or supersede any provision of this
Agreement nor may such an additional agreement impose any obligation upon
.GYDNR without .GYDNR’s express written consent. If there is any conflict between
such additional agreements and this Agreement, this Agreement shall control.
19. Written Agreement. This Agreement constitutes a written agreement between
Registrant and .GYDNR even though the Registrant's Application may be dispatched
electronically, and even though .GYDNR may accept the Application electronically. A
printed version of this Agreement, and of any notice given in electronic form related
to this Agreement, shall be admissible in judicial or administrative proceedings to
the same extent, and subject to the same restrictions, as other business contracts,
documents, or records originally generated and maintained in printed form.
20. Assignment
The parties agree that .GYDNR is able to assign this Agreement to a third party
without prior written notice to the Registrant.
21. Survival of Obligations. The parties agree that clauses 6, 7, 8, 9, 10, 11, 12,
13, 14, and 15 shall survive the expiry or termination of this Agreement.
THIS AGREEMENT IS EFFECTIVE AND BINDING as of the date of acceptance hereof
by .GYDNR (i.e., the date of registration of the .gy Domain name).