Jouw winkelwagen
| Subtotaal | – |
|---|---|
| BTW | – |
| Totaal | – |
Barbados .BB domeinnaam registratievoorwaarden
Domain Name Registration Licence
TERMS AND CONDITIONS
The Minister responsible for Telecommunications hereby agrees to register the Licensee's Domain Name on the following terms and conditions:
1. LICENSEE'S WARRANTIES
1.1 The Licensee hereby represents and warrants that:
(a) the information contained in the Application for the registration and use of the Domain Name (” the Application”) to the best of the Licensee’s knowledge and belief is true and correct and that any future changes to the said information will be provided to the Minister in a timely manner;
(b) the Licensee has the right to apply for the use of the Domain Name as requested in the Application;
(c) the Licensee has a bona fide intention to use the Domain Name on the Internet;
(d) the registration and use of the Domain Name by the Licensee does not interfere with or infringe the rights of any third party in any jurisdiction in particular rights with respect to trademarks, service marks, business names, trade names , copyright, patents or any other intellectual property right;
(e) the Domain Name is not defamatory, libelous, slanderous, obscene, abusive, offensive, threatening and or immoral;
(f) the Licensee is not seeking to use the Domain Name for any unlawful purpose whatsoever.
2. OBLIGATIONS OF LICENSEE
2.1 The Licensee agrees to pay such fees as may be prescribed from time to time by the Telecommunications (Licence Fees) Regulations, 2003.
2.2 The Licensee shall comply with any directions and notifications which the Minister may from time to time, issue.
2.3 The Licensee shall not assign, transfer, sublet or otherwise dispose of the benefit of this Licence, or permit any person to participate in any of the benefits, powers or authority granted by this Licence. This Licence is personal to the Licensee.
2.4 The Licensee shall observe and comply with:
(a) legislation from time to time in force in Barbados and in particular the Telecommunications Act Cap 282B, any statutory re-enactment or modification thereof and any statutory instrument or regulation made in accordance therewith;
(b) the International Telecommunications Convention and any relevant treaty or convention for which Barbados is a party;
(c) any guidelines, rules , orders, principles, regulations or policies issued by the Minister or the Fair Trading Commission .
2.5 It is the obligation of the Licensee to have ensured by diligent search that the Domain Name presented for registration does not infringe the right of any third party in any jurisdiction. The Government of Barbados (“the Government”) does not accept any liability whatsoever arising from any failure or neglect by the Licensee to so satisfy himself as required in this Condition and Condition 1.1 (d) above.
3. RIGHT OF REFUSAL
3.1 The Minister reserves the right to refuse to register a Domain Name. The Minister shall not be liable for any loss or damages that may result from the Minister’s refusal to register or renew the Domain Name.
4. DURATION
4.1 The Licence shall be valid for a period of five ( 5 ) years from the date of issue as stamped on the licence, provided that the Licensee complies with the conditions of the licence, the Act and the laws of Barbados.
4.2 To apply for a renewal of this Licence, the Licensee shall submit to the Minister an application for renewal in accordance with the Act.
4.3 Where the Licensee is desirous of renewing this Licence he shall apply to the Minister no later than six ( 6 ) months prior to the expiry date of this Licence or such later date as the Minister determines. The Minister will make a final determination on the application for renewal in accordance with the Act and shall notify the Licensee of his decision within a reasonable time.
4.4 The Licence is granted on a non-exclusive basis.
5. INDEMNITY
5.1 The Licensee shall indemnify, defend and hold harmless the Government, its officers, employees and authorised agents and shall keep the Government of Barbados fully indemnified from and against any lawsuits, claims, damages or liabilities (or actions or proceedings in respect thereof) arising out of the registration and or use of the Domain Name, particularly, where such registration and or use results in damage to the Licensee or a third party or parties, service mark infringement, trade name infringement, dilution, tortious interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation. The Licensee will reimburse the Government of Barbados for all legal and other expenses, including attorney's fees, incurred in connection with investigating, defending, or settling any such loss, claim, damage, including without limitation those based upon trademark liability, action, or proceeding whether or not in connection with pending or threatening litigation in which the Minister or the Government is a party.
5.2 This indemnity shall survive the termination of this Agreement.
5.3 The Licensee agrees to:
(a) promptly notify the Minister in writing of any such claim, action or demand; mentioned and referred to in Condition 5.1; and
(b) defend any such claim, action or demand at his sole cost and expense.
6. NO GUARANTY
6.1 The Licensee agrees that registration of the Domain Name does not confer:
(a) immunity from objection by a third party to either the registration or use of the Domain Name;
(b) any legal rights over the Domain Name.
7. REVOCATION
7.1 The Licensee agrees that the Minister may revoke use of the Domain Name:
(a) if the Application or any subsequent modification thereto, contains false or misleading information, or conceals or omits any information material to the decision to register the Domain Name;
(b) where the Licensee fails to use the Domain Name within twelve (12) months from the date of issue as stamped on this Licence.
7.2 The Licensee agrees that the Minister may modify, suspend , revoke or refuse to renew a licence in accordance with Sections11,12 and 13 of the Act.
(a) In the event the Licensee desires to terminate this Licence, the Licensee shall give the Minister at least six ( 6 ) months written notice in advance of the proposed termination date;
(b) be without prejudice to the rights and remedies which may accrue to the Licensee or to the Government under this Licence or any written law as at the date of termination, suspension or revocation.
8. DISPUTE POLICY
8.1 The Licensee agrees that the Minister shall have the right to revoke the Domain Name from registration upon seven (7) days prior written notice, or at such time as ordered by a Court of Law, should the Minister receive a properly authenticated order by a Barbados Court requiring the Licensee to transfer or suspend registration of the Domain Name.
8.2 The Licensee agrees that the Minister can be presented with information that a Domain Name registered by the Licensee violates the legal rights of a third party. Such information includes but is not limited to evidence of certified proof of ownership that the Domain Name is identical to or resembles a subsisting Barbados registration of a trademark or service mark (“mark”) that is in full force and owned by another person ("the Complainant"). Where a Complainant produces to the Minister certified proof of ownership of a mark duly registered in accordance with the laws of Barbados which is identical to or resembles a subsisting Barbados registration of a mark, the Licensee upon notification shall cease forthwith to use the said Domain Name and shall produce evidence of ownership of the mark within seven (7) days of being requested so to do by the Minister. If the Minister is satisfied that the Licensee cannot establish certified proof of his ownership of the mark within seven (7) days of receipt of the Minister’s request the Minister shall revoke this Licence. The Licensee agrees that the Minister shall not be liable for any loss or damage whatsoever to the Licensee or any third party arising from the revocation of this Licence.
9. DISCLAIMER AND LIMITATION OF LIABILITY
9.1 The Licensee agrees that the Minister will not be liable for any loss or damage to the Licensee or any third party arising from the registration and or use by the Licensee or any third party of the Domain Name or for interruption of business or any indirect, special, incidental or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if the Minister has been advised of the possibility of such damages. In no event shall the Minister’s maximum liability exceed one hundred and twenty (Bds$100.00) dollars.
10. SEVERABILTY
10.1 If any provision or portion of a provision of this Licence is held invalid or unenforceable, the remainder of this Licence shall not be affected, and the remaining terms will continue in effect and be binding on the parties, provided that such holding of invalidity or unenforceability does not materially affect the essence of this Licence.
11. NON-WAIVER
11.1 The failure of either party to enforce any of its rights or to require the performance of any obligation, responsibility or liability of the other party under this Licence shall not of itself be taken as a waiver of that party’s rights, obligations, responsibilities or liabilities under this Licence.
12. NOTICES
12.1 Notices may be given hereunder by any party by facsimile, hand delivery, courier or registered mail addressed to the other party concerned in the case of the Licensee at its registered office or place of business for the time being , and in the case of the Minister at the office of the Minister responsible for Telecommunications and shall be deemed to have been received in the case of a fax at the time of dispatch ( or if the day of dispatch is not a business day, on the following business day) , in the case of a courier, on the business day after dispatch, in the case of hand delivery when delivered ( or if the day of delivery is not a business day, on the following day) and in the case of registered mail on the fifth day after the date of mailing.
13. GOVERNING LAW
13.1 This Agreement shall be governed by and construed in accordance with the Laws of Barbados and subject to the jurisdiction of the Courts of Barbados.
14. INTREPRETATION
14.1 In this Licence unless the context indicates a contrary intention:
(a) any word, phrase or expression used in this Licence shall, unless the context requires otherwise have the same meaning as it has in the Act;
(b) words importing the singular shall include the plural and vice versa;
(c) any reference in this Licence to the Act shall include any regulations made thereunder;
(d) references to any law, regulation or other statutory instrument includes any modification, re-enactment or legislative provisions substituted for same;
(e) “Domain Name “means the unique name used by the Licensee under this Licence to identify an Internet site.
TERMS AND CONDITIONS
The Minister responsible for Telecommunications hereby agrees to register the Licensee's Domain Name on the following terms and conditions:
1. LICENSEE'S WARRANTIES
1.1 The Licensee hereby represents and warrants that:
(a) the information contained in the Application for the registration and use of the Domain Name (” the Application”) to the best of the Licensee’s knowledge and belief is true and correct and that any future changes to the said information will be provided to the Minister in a timely manner;
(b) the Licensee has the right to apply for the use of the Domain Name as requested in the Application;
(c) the Licensee has a bona fide intention to use the Domain Name on the Internet;
(d) the registration and use of the Domain Name by the Licensee does not interfere with or infringe the rights of any third party in any jurisdiction in particular rights with respect to trademarks, service marks, business names, trade names , copyright, patents or any other intellectual property right;
(e) the Domain Name is not defamatory, libelous, slanderous, obscene, abusive, offensive, threatening and or immoral;
(f) the Licensee is not seeking to use the Domain Name for any unlawful purpose whatsoever.
2. OBLIGATIONS OF LICENSEE
2.1 The Licensee agrees to pay such fees as may be prescribed from time to time by the Telecommunications (Licence Fees) Regulations, 2003.
2.2 The Licensee shall comply with any directions and notifications which the Minister may from time to time, issue.
2.3 The Licensee shall not assign, transfer, sublet or otherwise dispose of the benefit of this Licence, or permit any person to participate in any of the benefits, powers or authority granted by this Licence. This Licence is personal to the Licensee.
2.4 The Licensee shall observe and comply with:
(a) legislation from time to time in force in Barbados and in particular the Telecommunications Act Cap 282B, any statutory re-enactment or modification thereof and any statutory instrument or regulation made in accordance therewith;
(b) the International Telecommunications Convention and any relevant treaty or convention for which Barbados is a party;
(c) any guidelines, rules , orders, principles, regulations or policies issued by the Minister or the Fair Trading Commission .
2.5 It is the obligation of the Licensee to have ensured by diligent search that the Domain Name presented for registration does not infringe the right of any third party in any jurisdiction. The Government of Barbados (“the Government”) does not accept any liability whatsoever arising from any failure or neglect by the Licensee to so satisfy himself as required in this Condition and Condition 1.1 (d) above.
3. RIGHT OF REFUSAL
3.1 The Minister reserves the right to refuse to register a Domain Name. The Minister shall not be liable for any loss or damages that may result from the Minister’s refusal to register or renew the Domain Name.
4. DURATION
4.1 The Licence shall be valid for a period of five ( 5 ) years from the date of issue as stamped on the licence, provided that the Licensee complies with the conditions of the licence, the Act and the laws of Barbados.
4.2 To apply for a renewal of this Licence, the Licensee shall submit to the Minister an application for renewal in accordance with the Act.
4.3 Where the Licensee is desirous of renewing this Licence he shall apply to the Minister no later than six ( 6 ) months prior to the expiry date of this Licence or such later date as the Minister determines. The Minister will make a final determination on the application for renewal in accordance with the Act and shall notify the Licensee of his decision within a reasonable time.
4.4 The Licence is granted on a non-exclusive basis.
5. INDEMNITY
5.1 The Licensee shall indemnify, defend and hold harmless the Government, its officers, employees and authorised agents and shall keep the Government of Barbados fully indemnified from and against any lawsuits, claims, damages or liabilities (or actions or proceedings in respect thereof) arising out of the registration and or use of the Domain Name, particularly, where such registration and or use results in damage to the Licensee or a third party or parties, service mark infringement, trade name infringement, dilution, tortious interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation. The Licensee will reimburse the Government of Barbados for all legal and other expenses, including attorney's fees, incurred in connection with investigating, defending, or settling any such loss, claim, damage, including without limitation those based upon trademark liability, action, or proceeding whether or not in connection with pending or threatening litigation in which the Minister or the Government is a party.
5.2 This indemnity shall survive the termination of this Agreement.
5.3 The Licensee agrees to:
(a) promptly notify the Minister in writing of any such claim, action or demand; mentioned and referred to in Condition 5.1; and
(b) defend any such claim, action or demand at his sole cost and expense.
6. NO GUARANTY
6.1 The Licensee agrees that registration of the Domain Name does not confer:
(a) immunity from objection by a third party to either the registration or use of the Domain Name;
(b) any legal rights over the Domain Name.
7. REVOCATION
7.1 The Licensee agrees that the Minister may revoke use of the Domain Name:
(a) if the Application or any subsequent modification thereto, contains false or misleading information, or conceals or omits any information material to the decision to register the Domain Name;
(b) where the Licensee fails to use the Domain Name within twelve (12) months from the date of issue as stamped on this Licence.
7.2 The Licensee agrees that the Minister may modify, suspend , revoke or refuse to renew a licence in accordance with Sections11,12 and 13 of the Act.
(a) In the event the Licensee desires to terminate this Licence, the Licensee shall give the Minister at least six ( 6 ) months written notice in advance of the proposed termination date;
(b) be without prejudice to the rights and remedies which may accrue to the Licensee or to the Government under this Licence or any written law as at the date of termination, suspension or revocation.
8. DISPUTE POLICY
8.1 The Licensee agrees that the Minister shall have the right to revoke the Domain Name from registration upon seven (7) days prior written notice, or at such time as ordered by a Court of Law, should the Minister receive a properly authenticated order by a Barbados Court requiring the Licensee to transfer or suspend registration of the Domain Name.
8.2 The Licensee agrees that the Minister can be presented with information that a Domain Name registered by the Licensee violates the legal rights of a third party. Such information includes but is not limited to evidence of certified proof of ownership that the Domain Name is identical to or resembles a subsisting Barbados registration of a trademark or service mark (“mark”) that is in full force and owned by another person ("the Complainant"). Where a Complainant produces to the Minister certified proof of ownership of a mark duly registered in accordance with the laws of Barbados which is identical to or resembles a subsisting Barbados registration of a mark, the Licensee upon notification shall cease forthwith to use the said Domain Name and shall produce evidence of ownership of the mark within seven (7) days of being requested so to do by the Minister. If the Minister is satisfied that the Licensee cannot establish certified proof of his ownership of the mark within seven (7) days of receipt of the Minister’s request the Minister shall revoke this Licence. The Licensee agrees that the Minister shall not be liable for any loss or damage whatsoever to the Licensee or any third party arising from the revocation of this Licence.
9. DISCLAIMER AND LIMITATION OF LIABILITY
9.1 The Licensee agrees that the Minister will not be liable for any loss or damage to the Licensee or any third party arising from the registration and or use by the Licensee or any third party of the Domain Name or for interruption of business or any indirect, special, incidental or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if the Minister has been advised of the possibility of such damages. In no event shall the Minister’s maximum liability exceed one hundred and twenty (Bds$100.00) dollars.
10. SEVERABILTY
10.1 If any provision or portion of a provision of this Licence is held invalid or unenforceable, the remainder of this Licence shall not be affected, and the remaining terms will continue in effect and be binding on the parties, provided that such holding of invalidity or unenforceability does not materially affect the essence of this Licence.
11. NON-WAIVER
11.1 The failure of either party to enforce any of its rights or to require the performance of any obligation, responsibility or liability of the other party under this Licence shall not of itself be taken as a waiver of that party’s rights, obligations, responsibilities or liabilities under this Licence.
12. NOTICES
12.1 Notices may be given hereunder by any party by facsimile, hand delivery, courier or registered mail addressed to the other party concerned in the case of the Licensee at its registered office or place of business for the time being , and in the case of the Minister at the office of the Minister responsible for Telecommunications and shall be deemed to have been received in the case of a fax at the time of dispatch ( or if the day of dispatch is not a business day, on the following business day) , in the case of a courier, on the business day after dispatch, in the case of hand delivery when delivered ( or if the day of delivery is not a business day, on the following day) and in the case of registered mail on the fifth day after the date of mailing.
13. GOVERNING LAW
13.1 This Agreement shall be governed by and construed in accordance with the Laws of Barbados and subject to the jurisdiction of the Courts of Barbados.
14. INTREPRETATION
14.1 In this Licence unless the context indicates a contrary intention:
(a) any word, phrase or expression used in this Licence shall, unless the context requires otherwise have the same meaning as it has in the Act;
(b) words importing the singular shall include the plural and vice versa;
(c) any reference in this Licence to the Act shall include any regulations made thereunder;
(d) references to any law, regulation or other statutory instrument includes any modification, re-enactment or legislative provisions substituted for same;
(e) “Domain Name “means the unique name used by the Licensee under this Licence to identify an Internet site.