.ir terms&conditions

TERMS AND CONDITIONS FOR THE REGISTRATION OF AN INTERNET DOMAIN NAME UNDER .IR

Preamble

The following pertain to all Internet domain registrations under the country code top level domain .ir, whether directly under .ir or under a second level domains .*.ir offered by IRNIC (see Appendix 1 for the currently available second level domains).

1. Definitions.

1.1 Contacts: Persons or organizations appointed by the Registrant to fulfill the following functions:

1.1.1 Administrative Contact: means the person or organization responsible for a Domain Name and to whom all enquiries relating to the Domain Name may be sent.

1.1.2 Technical Contact: means the person or organization responsible for the technical maintenance of the Domain Name Server of the Registrant and to whom technical questions and instructions may be addressed.

1.1.3 Billing Contact: means the person or organization responsible for making any payments due under this Registration Agreement to IRNIC.

1.2 Domain Name: means the domain name assigned by IRNIC to the Registrant.

1.3 Domain Name Application: means the form published by IRNIC for the purposes of soliciting information from persons or entities seeking to register an Internet domain name, which can be found on the World Wide Web at:
http://register.nic.ir

1.4 Domain Rules: means the IRNIC Rules for the Domain and Sub-Domain appearing as Appendix 1 .

1.5 IRNIC Dispute Resolution Policy: means the Dispute Resolution Policy for Internet Domain Names Registered under .IR published on the World Wide Web at http://www.nic.ir/page0005.htm.

1.6 Registration Agreement: means the totality of the following:

(i) Domain Name Application Form;

(ii) Terms and Conditions: for the Registration of an Internet Domain Name under .IR including the following appendices:

1. Domain Rules, 2. WHOIS Policy, and 3.Schedule of Fees.

(iii) IRNIC Dispute Resolution Policy

1.7 Registrant: means the person or entity in whose name the domain name has been registered.

1.8 Registration: means all information supplied by the Registrant and contained within a Registrar data record.

1.9 Registration Fee: shall mean the fees specified in the schedule annexed hereto in Appendix 3 to be paid in connection with an application to register a domain name.

1.10 Registry: means a database containing the zone file(s) of one or more Internet domain names, including lower-level domain names, corresponding Internet Protocol addresses and related data.

1.11 Renewal Fee: means the fee specified in the schedule annexed hereto in Appendix 3 to be paid in connection with the renewal of a domain name registration.

2. Scope

2.1 These Terms and Conditions shall apply to any application to register an Internet domain name with IRNIC or its agents and the subsequent registration and use, direct or indirect, of the Domain Name.

2.2 By completing and submitting a Domain Name Application for consideration and acceptance by IRNIC, the Registrant acknowledges that he has read the Terms and Conditions and agrees to be bound by the Registration Agreement including these Terms and Conditions.

3. Fees and Payments.

3.1 As consideration for the registration of the Domain Name the Registrant agrees to pay the Registration Fee and, when applicable, the Renewal Fee.

3.2 There will be no obligation to activate or renew the registration of a Domain Name, as the case may be, unless and until full payment for the service has been received.

3.3 Except as specified herein, all payments made in connection with the registration of the Domain Name, or the renewal of the Domain Name registration, shall be non-refundable.

3.4 In the event that the billing contact fails to make the due payment, IRNIC shall have the right to recover the payment from the Registrant.

3.5 The Registration Fee and the Renewal Fee, as the case may be, shall be paid by such means and methods as may be specified from time to time by IRNIC.

4. Accuracy of Information.

4.1 For the purposes of applying to register the Domain Name, the Registrant shall be required to provide the information requested in the Domain Name Application. IRNIC shall take reasonable precautions to protect all such information from loss, misuse, unauthorized access or disclosure, alteration or destruction.

4.2 By applying to register a Domain Name, the Registrant represents and warrants that, to the best of the Registrant's knowledge and belief, any information provided in the Domain Name Application is true and correct.

4.3 The Registrant represents and warrants that any future changes to the information provided in the Domain Name Application required to maintain its accuracy shall be provided to IRNIC in an expeditious manner in accordance with the domain name modification procedures in place at that time.

4.4 IRNIC shall have no obligation to screen information submitted by the Registrant to determine the accuracy of the information held by IRNIC nor to determine whether the information may infringe upon the right(s) of a third party, but may rely on the representations and warranties provided by the Registrant. The Registrant agrees that, by the registration of the Domain Name, such registration does not confer immunity from objection to either the registration or use of the Domain Name by any party.

4.5 IRNIC reserves the right to cancel the Domain Name if this Registration Agreement, or subsequent modification(s) thereto, contains false or misleading information, or conceals or omits any information IRNIC would likely have considered material to its decision to accept the Domain Name Application and assign the Domain Name to the Registrant.

4.6 A Registrant's willful provision of inaccurate or unreliable information, its willful failure promptly to update information provided to IRNIC, or its failure to respond for over fifteen (15) calendar days to inquiries by IRNIC concerning the accuracy of contact details associated with the Domain Name shall constitute a material breach of the Registration Agreement and shall be a basis for cancellation of the registration of the Domain Name.

4.7 The Registrant represents and warrants that it has exercised its best efforts to determine that neither the registration of the Domain Name nor the manner in which it will be directly or indirectly used shall infringe upon or otherwise violate the legal rights of any third party.

4.8 The Registrant represents and warrants that, to the best of the Registrant's knowledge, the registration and use, direct or indirect, of the Domain Name does not and will not violate any applicable laws or regulations.

4.9 In the event the Registrant licenses the use of the Domain Name to a third party, the Registrant shall nonetheless continue to be considered the holder of record of the Domain Name with all the obligations thereof unless the registration is officially transferred to the new licensee.

4.10 IRNIC may, upon notification by any entity of an inaccuracy in the information provided in the Domain Name Application, or as a matter of routine periodic check, take reasonable steps to investigate accuracy of the data provided by the Registrant. In the event IRNIC ascertains that inaccurate information has been provided, it shall take reasonable steps to correct any such inaccuracy.

4.11 IRNIC's remedies against the Registrant for any breach of the above clause shall continue to be available notwithstanding any modification, surrender, cancellation or transfer of the registration of the Domain Name.

5. Confidentiality.

5.1 By submitting the Domain Name Application and in the event that the Domain Name is registered, the Registrant, the agent (where applicable) and the contacts (as defined in 1.1, 1.2 and 1.3) hereby give their consent to the inclusion of certain items relating to their identity and access information in the WHOIS service provided by IRNIC. The applicable items are detailed in Appendix 2 as they appear at the time of registration. In the event that national laws and regulations or global Internet requirements necessitate the addition of new items in the WHOIS, the Registrant shall have the option of canceling its registration and being refunded for the unused portion of the Registration  Fee.

5.2 The WHOIS service above is open to the members of the public for the purpose of obtaining information about the registration of the Domain Name or any other related purpose.

6. First Come, First Served.

IRNIC shall register qualified domain names on a first come, first served basis. IRNIC will not take any steps in reliance upon the prospective registration of a domain name before it becomes a registration entered in the Register of Domain Names.

7. Right of Refusal.

7.1 IRNIC, in its sole and absolute discretion, reserves the right to refuse to register a domain name.

7.2 The Registrant agrees that the submission of an application to register a domain name does not in any way obligate IRNIC.

7.3 The Registrant agrees that IRNIC shall not be liable for loss or damages that may result from IRNIC's refusal to accept an application by the Registrant to register a domain name.

7.4 In the event an application is not accepted, IRNIC undertakes to notify promptly the Registrant or the Registrant's agent and return any payments received.

8. Dispute Policy.

In the event that the Domain Name is registered, the Registrant agrees to be bound by the IRNIC Dispute Resolution Policy which is incorporated herein by reference and made a part hereof. The version of the Dispute Policy currently in effect can be found at: http://www.nic.ir/irnic_files/page0006.htm.
The Registrant agrees that any dispute arising out of or in connection with the registration and use of the Domain Name shall be subject to the provisions specified in IRNIC Dispute Resolution Policy.

9. Agents.

9.1 Registrant agrees that if this Registration Agreement is completed by an agent for the Registrant, such as an ISP or one of the Contacts, the Registrant is nonetheless bound as a principal by all terms of the Registration Agreement.

9.2 The acceptance of the Registration Agreement by any agent for the Registrant (whether by e-mail or other means) shall bind such agent as if he were a principal to the Registration Agreement.

10. Breach.

The Registrant agrees that failure to abide by any provision of the Registration Agreement may be considered by IRNIC to be a material breach and that IRNIC may provide a written notice, describing the breach, to the Registrant. If, within thirty (30) days of the date of mailing such notice, the Registrant fails to provide evidence, which is reasonably satisfactory to IRNIC that it has not breached its obligations, then IRNIC may delete Registrant's registration of the Domain Name without any refund entitlements for the Registrant and without prejudice to any other remedies to which IRNIC may be entitled. Any such breach by a Registrant shall not be deemed to be excused simply because IRNIC did not act earlier in response to that, or any other, breach by the Registrant.

11. Cancellations, Transfers, and Changes.

11.1 IRNIC reserves the right to cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

(i) IRNIC's receipt of written or appropriate electronic instructions from the Registrant or authorized agent of the Registrant to take such action (see Appendix 1-G for current rules and procedures);

(ii) IRNIC's receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action;

(iii) IRNIC's receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which the Registrant was a party and which was conducted under the IRNIC Dispute Resolution Policy or a later version of the Policy adopted by IRNIC.

11.2 IRNIC also reserves the right to cancel, transfer or otherwise make changes to the Domain Name registration in accordance with other legal requirements.

12. Limitation of Liability.

12.1 The Registrant agrees that IRNIC shall have no liability to the Registrant for any loss or damages:

(i) in connection with IRNIC's processing of the Domain Name Application; or

(ii) in connection with IRNIC's processing of any authorized modification to the Domain Name record during the period of any registration; or

(iii) resulting from the refusal of IRNIC to accept any application for registration (save to refund any fee paid by the Registrant to the IRNIC); or

(iv) as the result of any failure on the part of the Registrant's agent to pay either the Registration Fee or the Renewal Fee; or

(v) as a result of the application of IRNIC Dispute Resolution Policy.

12.2 The Registrant agrees that in no circumstances shall IRNIC be liable for any loss of profit, loss of business or anticipated savings suffered by the Registrant howsoever incurred.

12.3 The Registrant agrees that the IRNIC shall not be liable for any loss of registration or loss of use of the Domain Name, or for interruption of business, or any indirect, special, incidental or consequential losses of any kind (including lost profits) whether in contract, tort (including negligence) or otherwise.

12.4 Without prejudice to the foregoing the Registrant agrees that any liability of IRNIC to the Registrant shall not exceed  the Registration Fee paid by the Registrant to IRNIC for the current period of registration

12.5 The Registrant agrees that it is technically impracticable to provide services free of faults and IRNIC does not undertake to do so.

13. Indemnity.

The Registrant shall hold IRNIC and any of its directors, officers, employees and agents harmless from any claim by a third party arising out of or in connection with (i) the registration and use of a domain name, or (ii) the implementation by IRNIC of any order or decision issued under IRNIC Dispute Resolution Policy. Such claims shall include, without limitation, those based upon intellectual property trademark or service mark infringement, trade name infringement, dilution, tortious interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation. Such obligation shall continue in effect after the termination of this Registration Agreement.

14. Intellectual Property Rights.

IRNIC does not accept any responsibility for the registration and use of the Domain Name or information generally held in the Registry and, in particular, for any conflict with trade marks, registered or unregistered, or with any other intellectual property rights.

15. Modification or Surrender of Domain Name.

The Registrant (either directly or via an agent) may modify or surrender the registration of the Domain Name in accordance with the procedures put in place by IRNIC for such purposes (see Appendix 1-Gfor current rules and procedures).

16. Termination.

16.1 The Registrant may terminate this Registration Agreement before its expiration by requesting IRNIC to delete the Domain Name from the Registry in accordance with the procedures established by IRNIC for such purposes.

16.2 IRNIC may terminate this Registration Agreement before its expiration in the event that IRNIC determines, in its sole discretion, that there was a material misrepresentation, material inaccuracy or materially misleading statement in the information provided in the Domain Name Application or in any subsequent modification thereof.

16.3 Termination of the Registration Agreement shall not determine rights and obligations between the parties which are of a continuing nature nor shall modification, surrender, cancellation or transfer of the Domain Name extinguish any rights which have accrued under the terms of the Registration Agreement.

17. Assignment.

The Registration Agreement may be assigned by IRNIC. The Registrant may assign the Registration Agreement subject to any change made pursuant to Article18 below, and transfer the registration of the Domain Name, by strict adherence to the procedure in force at the time of transfer and payment of the appropriate transfer fee applicable at the time of the transfer. No other method of assignment is permitted.

18. Renewal or Transfer.

18.1 IRNIC may vary the terms and conditions of the Registration Agreement on renewal or transfer of the registration of the Domain Name. All assignments and renewals shall be pursuant to the Registration Agreement current at the time of the transfer or renewal and, in the case of a transfer, as agreed by the transferor.

18.2 Upon the expiration of the registration agreement, the domain will be suspended unless prior arrangement for renewal or cancellation has been made. A one-month grace period will then be in effect during which time the former Registrant will have the option of renewing or canceling the registration. After this period the domain will be cancelled

19. Governing Law.

This Registration Agreement shall be governed in all respects by and construed in accordance with the laws of the Islamic Republic of Iran.

20. Disputes between IRNIC and Registrant.

Any dispute, controversy or claim arising under, out of or relating to the Registration Agreement and any subsequent amendments of this Registration Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to the courts of the Islamic Republic of Iran.

21. Notice.

21.1 Except as otherwise provided in this clause any notice to be given under the Registration Agreement shall only be deemed to be served if delivered by hand or sent by pre-paid first class post, by fax or e-mail, to the party to whom it is given at its last known postal or e-mail address or fax number. The notice will be effective: if delivered by hand, on delivery; if sent by fax or e-mail, or transmittal; and if sent by post, on the tenth day after posting.

21.2 Any notices to the Registrant concerning a dispute under the provisions of the IRNIC Dispute Resolution Policy shall be validly delivered if sent by e-mail to the address of the Administrative Contact as specified in the Domain Name Application.

22. Non-Agency.

Nothing contained in the Registration Agreement shall be construed as creating any agency, partnership or other form of joint enterprise between IRNIC and the Registrant or between the Registrant and a third party.

23. Severability.

In the event that any provision of the Registration Agreement shall be found to be unenforceable or invalid under the applicable law or be so held by any applicable decision of a Court, the remaining provisions shall not be affected and shall continue to be binding. IRNIC shall use its best endeavors within one (1) month of being notified that any such provision is unenforceable or invalid as aforesaid to substitute a valid and enforceable provision which achieves, to the extent possible, the original objectives and intent of IRNIC as reflected in the original provision.

24. Clause Headings.

Clause headings are for ease of reference and are not part of this Agreement and accordingly shall not affect its interpretation.

25. Entirety of Understanding.

The Registrant agrees that this Registration Agreement is the complete and exclusive agreement between the Registrant and IRNIC regarding the registration of the Domain Name. This Registration Agreement, supersedes all prior agreements and understandings, whether established by custom, practice, policy, or precedent. Except where provided otherwise in this Registration Agreement, no variation may be made to the Registration Agreement unless such is in writing and signed by a duly authorized representative of the Registrant and IRNIC.