DJ domeinnaam registratievoorwaarden

Published October 7th 2003 Enforced November 7th 2003 Revised December 7, 2006

This Agreement defines your registration and use of the .DJ Domain Name(s) that you registered, and explains the rights and obligations that exist in connection with the(se) Domain Name(s). Please carefully read this Agreement and decide whether or not you accept these terms and conditions by clicking on the appropriate button at the head of the registering page.

Article 1 (Service Provider Information)

There are well-acknowledged Name Consulting Services offered by third parties to assist registrants.
A.DJ is thenonprofit association of the registrants of the Registrar with liaison offices at the local and international Registrars.

In what follows, the Registry Manager is the Registrars and elected Name Consultants nonprofit organization that manages the ".DJ" TLD Registry of the Djibouti local and international Internet Community as designated by the Ministry of Telecommunications of the Republic of Djibouti (cf. Article 24) through the dotDJ agreements and pursuant to RFC 920 and 1591.

There may be several Registrars for Djibouti residents' domain name registrations and for specially serviced International name spaces such as for international Djiboutian business and partners, music, information, special types of services, etc.

There is a Primary Registrar that conducts the naming strategy.

Article 2 (Purpose - jurisdiction and territory applicability)

The purpose of these registration and management terms and condition is to explain the necessary matters regarding the conditions and procedures for domain applicants when registering and using domain names and relating with, and being supported by, the Registry Manager organization.

(1) These terms shall be governed by, construed, and enforced in accordance with the laws of Djibouti.

(2) Use of the Service is unauthorized in any jurisdiction that does not comply with all the provisions of these Terms and Conditions.

(3) Unless otherwise specified, all materials and services on this Site are presented solely for use within the Djibouti territory.

(4) Registry Manager takes no responsibility for the materials on their sites as to whether they are appropriate or available for use in other countries. Users who choose to access this Site and Services from other countries do so on their own initiative and are responsible for being in compliance with all local laws, if and to the extent that the local laws are applicable.

Article 3 (Enactment of and Amendment to the Terms)

(1) These terms and conditions may be amended pursuant to the policies of the Registry Manager and the collected opinions of domain users through the resolutions of A.DJ

(2) Registry Manager reserves the right to modify or amend these registration and management terms and conditions at any time. If the terms are changed, the Registry Manager will publish modified terms on the http://www.dj web site and on all of the participating Registrars sites 30 days prior to the effective day. After the effective day, all the changed terms will be applied to all the new disputes regardless of the originating date.

(3) The applicant agrees that if these terms are changed pursuant to Paragraph 2 , he or she shall be bound thereby. If the applicant does not want to be bound by these changed terms, the applicant can request to remove the registered domain name - the registration fee will not be reimbursed.

Article 4 (Composition and Rules of domain names)

(1) Domain names registered by the Registry Manager shall be composed of 2 stages, arranged in a 2nd level domain, and a 1st level domain in that order, and shall be separated by a dot (.)

(2) The 1st level domain referred to in Paragraph 1 shall be the domain indicating the name of the country, for which "dj" shall be used and the 2nd level domain as referred to in Paragraph 1 shall be the domain determined by the applicant.

(3) For the domain name, only the English characters [A-Z][a-z], the numbers [0-9], and a hyphen [-] shall be used.

(4) The 2nd level domain shall begin with English characters or numbers and shall not start or end with a hyphen. A technology extension known as IDNA, or other techniques may permit names specially built with "xn--" or other sequences as a header, to be used and displayed in the Unicode character set, or in other ways The registered name is the string conforming to part (3) above, however, some restrictions and constraints related to this domain name costruction may then apply for registration approval and in cases of a conflict. The Registry is not responsible for the way the domain names containing an a "--" sequence or any other names behave in user applications.

(5) The length of the 2nd level domain shall be 3 characters or more, including numbers and a hyphen, and shall not exceed 63 characters

(6) Registering a domain name is to provide a service to Internet users, for them to access Internet resources and services that they expect from the registrant and from the domain name. Abusive retention of common interest domain names and misleading use of the domain names can be challenged by any Internet user and be subjected to an A.DJ Conflict Ruling as per the Registry Manager Conflict Resolution Policy.

(7) the Registrant or 'Registering Party' is a person or persons who have registered the domain name with the Registry Manager pursuant to the provisions of these terms. Every Registering Party is by their right as a Subscribing Member of the A.DJ. Before the domain name is accepted, this person is the Applicant, or those persons are the "Applying Party".

(8) mailID (registrant's registered e-mail), is the identification sequence of the registrant and the proof of domain name ownership. Domain Name holder authentication is established via the mailing of the registered mailID. Other authentication solutions can be accepted by the A.DJ, but should the owner of the mailID contest them further on, the final decision will remain with the party answering the mails at the mailID. It can be used to be identified by A.DJ, the Registry, and Registrar and protected by the pay.dj service. The pay.dj service is a payment solution that the Registry Manager organizes in order to get paid, to verify the reality of the registrant, and to obtain a certified e-mail address to find him or her again in the case of need.

(9) The registration and management fee is the fee for registering and maintaining a domain name on the Internet domain name system (DNS). It is established on a yearly basis.

(10) NCS (Name Consulting Service) is a person, consulting firm, web site, etc. servicing the relations between the Registry and registering parties. Its first service may be a referring service through a web site link.

Article 5 (Restrictions of Domain Name)

(1) Registry Manager maintains the right to withdraw, withhold, redelegate, block, or reserve specific domain names if necessary for the public interest, to organize a better name space in allocating them to special services, or to respect compelling agreements.

(2) If the Registry Manager withholds or reserves domain names, the Registry Manager does not have to post them publicly. Generic, nations, countries, languages, and city names are all reserved. Pornographic, damaging, insulting, defamatory, blasphemous, sacrilegious names, etc. will be refused.

(3) Naming related, Registry Manager, decisions can be objected to by the A.DJ, which will eventually publish a Conflict Ruling in the best interest of the global Internet community.

Article 6 (Immunity in the registration)

(1) Should there arise any infringement of the rights of third parties, unfair trade practices or unjust competitive practices in relation to the application, registration, or use of the domain name, the Registry Manager shall not assume any responsibility for these infringements or practices.

(2) The applying or registering party shall assume all responsibility in connection with the registration and use of the domain name that is selected by the applicant.

Article 7 (Application for Registration)

A person or organization that would like to apply for the Registration of Domain Names shall prepare an application for the Registration of Domain Names that is provided on the Registrar site and submit it to the Registry via the Internet. This application shall describe the intended use for which the domain name is requested. It shall indicate the true name and own mail name of the final registrant even if the application is prepared and paid by a third party as a service, as a gift, or for any other reason.

If this request is introduced with the help of an NCS, the NCS will be recorded with the domain name information unless the registering party wants it removed or changed. In no case shall the NCS be allowed to hide the true identity and mailID of the registrant or it will be removed from everywhere in the domain name database and will lose its membership in the Registry association if he is a member. NCS should register in the domain name database through a single e-mail mailID that will be used to authenticate and answer their querries and requests.

Article 8 (Naming Plan Structure)

Registry Manager may decide on .DJ name space limitations or global allocations to specialized Registrars, to serve a specialized community or projects. This may impose additional constraints on registrants, such as the use of a website format, the provision of a certain type of service, or to demonstrate a capacity to address users expectations related to the applied name.

Article 9 (Reception of Applications for Registration)

(1) Applications for registration in Article 7 shall be received by the Registry Manager with the exception of applications corresponding to the situations in the following subparagraphs.

a. the applicant does not agree to these terms.

b. requisite items to be stated in the application for the registration of domain names are omitted.

c. this domain name has already been registered, reserved, or withheld, and has already applied for the registration, and cannot be received due to the existing obligations of the Registry or is not intended to be used according to the Registry Manager's policy.

d. payment for the registration fees for the requested period has not been authorized.

(2) If the Registrar has received an application for a registration pursuant to the provisions of Paragraph 1, and if it is acceptable, according to its criteria and obligations, and the A.DJ member name and intellectual/industrial property policy, it shall be processed in the order that it was received, after the payment has been collected and fully effectuated.

Article 10 (Acceptance and Processing of Applications for Registration)

Applications for registration pursuant to the provisions of Articles 7 and 8 shall be carried out by the Registry Manager and maintained for the paid registration period with the exception of the provisions of Article 9.

The registration fee is to pay for the registration and maintenance service that is to be performed by the Registry Manager, and in no case will it be reimbursed once the name registration has been accepted.

Article 11 (Deletion of Registration)
(1) Should one of the following subparagraphs apply, the Registry Manager may proceed to the deletion of registered domain names:

a. the applicant's registration fee payment failed.

b. where it is confirmed that the registering party has registered a domain name by preparing a false application for the Registration of Domains.

c. where the registering party does not agree to the terms that have been changed pursuant to this agreement.

d. where a court judgment or arbitral award or A.DJ conflict resolution is rendered to the effect that the registration of the domain name and the use thereof is tantamount to infringement on the rights of third parties, unfair trade practices, or unlawful practices.

e. where the registering party fails to re-apply for the domain name during 45 days of a grace period after expiration.

f. when the use of the domain name differs from the one described in the application.

(2) If the Registry Manager wants to delete the registered domain name before the expiration date of the domain name, it shall have the registering party provide clarification of the reasons why it should not, within seven days. It shall keep A.DJ informed.

(3) If the clarification is found unjustifiable or fails to be made within 7 days, the Registry Manager shall delete the registered domain name. The Registrant will be able to call on an A.DJ arbitrage.

(4) If the Registry Manager deletes the registration of a domain name, it shall not be responsible for any losses or liabilities.

(5) Registry Manager will never refund the registration fee. It will not be collected if the registration is refused.

(6) Registry Manager can cancel a registration within eight days after registration if it is discovered that Art. 9 (1) applies. In the case this results from a error of the Registry Manager, a fair compensation will be offered to the registrant.

Article 12 (Maintenance of accurate Information and Privacy Policy)

In applying and in using a .DJ domain name, the Registering parties agree:

(1) to provide current, complete, and accurate information where required in the course of application, registration, or payment processes to/by the Registry Manager, Registrars, NCS, and A.DJ and Members identifying themselves as A.DJ Members, in particular mailID.

(2) that Registry Manager shall have the right to use any information collected from them or provided by them in accordance with the Registry Manager and Djibouti Privacy Policy.

(3) to notify the Registry Manager through the update online process for the latest information related to the domain name stored at the Registry Manager and to keep it updated with the correct information.

(4) to take full responsibility for all disadvantages caused by negligence in the maintenance of information related to the domain name, in particular, not updating or maintaining their mailID.
 Article 13 (Maintenance of Registration)

If the registering party dies, closes, or expires without applying for the removal of the domain name, the Registry Manager shall deem the relevant domain name effective until the successor of the relevant registering party applies for the removal thereof, or until the relevant period corresponding to the paid registration fee.

Article 14 (Fee for Application for Registration)

(1) When the applicant files the Registration of Domain Names, it shall pay the Registry Manager, through the relevant Registrar, a fee to process and maintain this registration for a period of one or more years as specified.

(2) this fee includes the A.DJ membership for the registration duration.

(3) The method used to pay this Fee is the decision of the relevant Registrar - it should use a pay.dj solution and can be modified to best fit the need of the Registry Manager, Registrar, international practices, privacy laws, and Djibouti's laws and policy.

(4) There is only one registration rate. It is used in the registration form and may be modified by the Registry.

(5) Registry Manager organizes and develops relations and support programs for NCS. It may be offered to become a Member of the Registry Manager association, and to be offered free domain name registrations to the pro-rata of the registrants that they technically support.

Article 15 (Domain Renewal)

(1) Registry Manager will notify the registrant, and the NCS associated to a domain name, that the registrant's domain is about to expire so that the registrant or NCS may renew or a third party may renew for him or her as a gift.

(2) a 45 day grace period will be provided for the re-application for the domain name in order to allow registrants to re-apply for the expired domain name. If registrants re-apply for the domain within a 45 day period, the renewed date of the domain name will start on the expired date. During that period after the expiration, the domain name will be kept active online, however, the domain name will not be allowed to transfer to a third party. If the registrant does not re-apply for the domain 45 days after the expiration date the domain name becomes available for registration by other parties.

(3) re-applications are subject to the same approval as the initial applications and can be refused.

(4) renewal is subject to the yearly registration and maintenance fee. A multi-year discount is applied for a registration of 10 years and over.

(5) renewal notifications are emailed to the address in the registrant's account and to their NCS, if there is one. As this is the only form of notification that you will receive, please keep your mailID (registered email address) current or update any changed information on the Registrar's web site if necessary.

Article16 (Transfer of the Domain Name)

Names can be transferred. The transferred name is executed by the Registry by changing the mailID of the two owners after it has been convinced that the requested transfer is authentic. The transfer is subject to the standard registration rules. If the transfer is denied, the domain name remains with the former holder.

Article 17 (Registrant's Duties)

Registering parties must:

(1) have all the requisite power and authority to execute this Agreement and to perform their obligations.

(2) in the event that they register a Domain Name on behalf of a third party, acting as its NCS, they will make sure that they have the authority to bind that third party as a principal party to all the terms and conditions provided. They will never hide their true name and their true mailID. They will be, otherwise, immediately removed from every NCS program, without any compensation and will lose all their current prepayments. This is because they are expected to make sure the .DJ domain is a space of trust among users and registering parties.

(3) to the best of their knowledge, neither directly or indirectly infringe nor dilute the legal rights of any third party nor violate any applicable law through the registration of the Domain Name or the manner in which they use the Domain Name.

(4) understand and accept that they are to determine whether they have the right to use the Domain Name and whether their use of the Domain Name infringes or dilutes the trademark or other rights of any third party.

(5) understand that registration and the use of domain names are subjected to all of these terms and conditions and of any Policies that are or may be enacted by the Registry Manager according to these terms and conditions or by Djibouti's law.

(6) understand and accept that the Registry Manager will not disclose any information on Registrants to the public or any authority except under legal obligation decided by a Djiboutian, or a French court if the registrant is French, and they should maintain a page at http://domain_name.dj/quiest.htm, with the information that they want to publish.

(7) accept that the Registry Manager has the right to verify at any time any of the information they provided and that they are in fact the organization or the person that they claim to be and to inform A.DJ of the result.

(8) understand and accept that if they change the described use of the domain name, the Registry Manager may terminate the registration.

(9) understand and accept that the Registry Manager and Registrars are under no obligation in terms of registration, renewal, or update delay. The .DJ TLD Manager, .DJ Registry Manager are sovereign in deciding the way the .DJ DNS zone is to be securely managed.

(10) no public offer, advertisement, or otherwise can be made available regarding the delegation of the subdomains from the Domain Name unless agreed with the Registry Manager and the relevant Registrar.

(11) do not make public or disclose to a third party, except their counsels or legal authorities, any dispute that they might have with a Registrar or the Registry Manager.

(12) agree that in the event that they breach any of their listed duties, the Registry Manager shall have the right to terminate this Agreement and/or cancel, suspend, transfer, or modify their registration of the Domain Name and/or terminate services if such a breach is not resolved within three days' notice by e-mail at their registration mailID.

Article 18 (Use of the Service and Restrictions)

(1) Registry Manager DNS name servers hours are 24 hours and 7 days a week including all holidays, but is dependent on the TLD Manager Master system and secondary servers at various partnering sites.

(2) Registry Management and Support is provided during working hours at its places of operations in France (Weekends on Saturday/Sunday) and Djibouti (Weekends on Thursday/Friday). A 48 hours average response time is to be expected.

(3) Registering Party guarantees the Registry Manager and Registrars that it will not use its site and services for any purpose that is unlawful or prohibited by these Terms and Conditions.

(4) Registry Manager expressly prohibits any unauthorized commercial use of its site and services. Registering Party consents to observe all applicable local, state, national, and international laws and regulations and to be solely responsible for all acts or results that occur under its account and/or password.

(5) Registry Manager has no obligation to monitor the Service or any user's use thereof and retain the content of any user session. However, the Registry Manager reserves the right at all times to monitor, review, retain, and/or disclose any information as it deems necessary, in its sole discretion, to satisfy any applicable law, regulation, legal process, or governmental request or so as to be consistent with its "Privacy Policy".

Article 19 (Disputes Involving Domains)

Any applying, registering, or third party related to the Registry Manager under the terms of these Terms and Conditions acknowledges that the Registrar does not, and cannot, screen, review, evaluate, or investigate its legal right to use the Domain Name.
In the event any third party disputes the right to display, exploit, register, or otherwise use a Domain Name in any fashion, Registrar, and the Registering Party shall act in accordance with, and be bound by, the Registrar A.DJ Dispute Policy.

Registry Manager has adopted the Uniform Domain Name Dispute Resolution Policy established by the Internet Corporation for Assigned Names and Numbers ("ICANN") with the following provisions, as permitted by that procedure:

a. the UDRP undefined "domain name" term is understood as per the present terms and conditions.

b. disputes are administered by A.DJ. In particular, A.DJ may decide to replace Panels by randomly designated Member Juries from a specific registrant category (by language, type of activity, etc.). Experts from the WIPO Arbitration and Mediation Center will be approved by A.DJ on a case per case basis, at the plaintiff's cost if any.

Article 20 (Intellectual property and Service Restriction)

(1) DotDJ and dotDJ marks and logos are trademarks and service marks of DotDJ Corporation and its successors. All other trademarks, service marks, and logos used on this Site are the property of their respective owners.

(2) Registering Parties acknowledge and agree that all the content and materials available on the Registry Manager and Registrar's site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by the Registry Manager, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided that you keep intact all the copyright and other proprietary notices.

(3) If A Registering Party believes any material on a Registry Manager or Registrar Site is infringing its copyrights or the copyrights of a third party, it is to contact the Registry Manager. Pursuant to the Digital Millennium Copyright Act, the Registrar has designated a registered agent to receive copyright infringement claims. Notifications of alleged copyright infringement are to be directed to the Designated Agent at: support@www.dj.

Article 21 (Independence of Agreement)

Even if any provision of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall not be affected.

Article 22 (Indemnity)

You as any applying, registering, or third party related with the Registry Manager and/or any Registrar under the terms of these Terms and conditions, agree to defend, indemnify, and hold harmless the Registry Manager, every Registrar, and A.DJ and their officers, directors, shareholders, licensors, related companies, employees, agents, and attorneys from and against any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys' fee and costs brought by third parties against the Registry Manager, Registrar, and A.DJ and/or its Related Parties arising from or in connection with this Agreement, or your registration or use of the Domain Name or the Services, or claims brought against the Registry Manager, Registrar, A.DJ and/or its Related Parties by you in which the Registry Manager, Registrar, A.DJ and/or its Related Parties prevail. The Claims shall include, without limitation, those based on infringement of intellectual property rights, dilution, tortuous interference with contract or prospective business advantage, unfair competition, defamation, or injury to business reputation.

Article 23 (Written Agreement)

These Registration and Management Terms and Conditions constitute a written agreement between the Registering Parties and Registry Manager and the Registrars even though it is not physically signed by the parties hereto. A printed version of these Terms and Conditions 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.

Article 24 (Registry Manager, Registrars, and Jurisdiction)

Under the terms of the agreements between Société des Télécommunications Internationales de Djibouti, P.O. Box 2031, Djibouti, dotDJ Corporation - 414 Hyunjin Olympia, 79-7, Garakbon-Dong, Songpa-Ku, Seoul, 138-719 Korea, Senex, Djibouti, International DJ, Data Journal and dotDJ, Centre SIAT,23 rue Saint Honoré, 78000 Versailles, France.

- Registry Manager is dotDJ since October 6, 2003 operating http://cic.dj

- registry manager rights and obligations contracted until October 5, 2003 and Services other than domain name registration, are with DotDJ Corporation.

- Specialized Registrars are dotDJ Djibouti for Djibouti, IDJ for Music names, and DJ for Data Journal names.