TERMS AND CONDITIONS OF DOMAIN NAMES REGISTRATION AND SERVICES
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Article 1 (Service Provider Information)
In what follows Registry Manager is the dotDJ registrars association managing the ".DJ" TLD Registry and operating the DNS registration sites for the Djibouti resident and international Internet Communities, as contracted with the TLD Manager 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 co-Registrars for Djibouti residents domain name registrations and for specially serviced International name spaces such as for Music, CMS, etc. There is a primary Registrar, which conducts the naming strategy.

There are partnering third parties assisting registrants as acknowledged Name Consulting Services.

There is A.DJ, a non profit association of the registrants of .DJ with liaison offices at the local and international Registration sites.

Article 2 (Purpose - jurisdiction and territory applicability)
The purpose of these registration and management terms and condition is to prescribe necessary matters concerning 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 give effects to all provisions of these Terms and Conditions.

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

(4) Registry Manager makes no representations that materials in their sites are appropriate or available for use in other countries. Users who choose to access them from other countries do so on their own initiative and are responsible for compliance with local laws, if and to the extent 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 Registry Manager and the collected opinions of domain users through A.DJ resolutions.

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

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

Article 4 (Composition of the domain names and applying rules and definitions)
(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 above Paragraph 1 shall be the domain indicating the name of the country, for which "dj" shall be used and the 2nd level domain referred to above 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 the hyphen [-] shall be used now.

(4) The 2nd level domain shall begin with English characters or numbers and shall not start and end with a hyphen, nor use double hyphen except when provided by Registry Manager. A technology extension known as IDNA will permit names specially built with "xn--" as a header, to be used and displayed in the Unicode character set. The registered name is the string conforming to part (3) above, however some restrictions and constraints related to the Unicode reading may then apply for registration approval and in case of conflict.

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

(6) Except when proposed in a special service names must not use numbers only.

(7) Registering a domain name is to provide a service to the Internet users, so they can access the Internet resources and services they may reasonably expect from a registrant having registered the domain name. Abusive retention of common interest, generic or famous domain names, and misleading use of domain names, can be challenged by every Internet user and be subject 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 right 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, login and Password are the identification sequence to access Registry or A.DJ pages and services protected by the "pay.dj" service. The "pay.dj" service is a payment system Registry Manager may organize to get paid, to verify the reality of the registrant or to obtain a certified e-mail address to find him back in case of necessity.

(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, a consulting firm, a web site, etc. servicing the relations between Registrar and the registering party. Its first service is to provide referring links on its web site. A NCS becomes an Acknowledged NCS after having introduced at least ten registrants. It then obtain access the NCS advantages described in these terms and conditions unless opposed by an A.DJ resolution.

Article 5 (Restrictions of Domain Name)
(1) Registry Manager maintains the right to withdraw, withhold, redelegate, block or reserve specific domain names in the best public interest, in order to organize a better name space in allocating them to special services or to respect compelling agreements.

(2) If Registry Manager witholds or reserves domain names, Registry Manager has not to post them publicly. Generic, nations and country, languages, and Djibouti city names are reserved. Pornographic, hurting, insulting, defamatory, blasphemous, foul names, etc. are refused.

(3) Naming related Registry Manager decisions can be objected to the A.DJ, which will eventually publish a Conflict Ruling in the best interest of the Djibouti and 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, Registry Manager shall not assume any responsibility for these infringements or practices.

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

Article 7 (Application for Registration)
A person or organization wishing to apply for Registration of Domain Names shall prepare an application for Registration of Domain Names provided on a Registrationsite and submit it to 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 who will become a member of the A.DJ, even if the application is prepared and paid by a third party.

The application will also have to accept that if the requested name is a famous name according to an A.DJ evaluation or a famous name listing, the owner of the name in the ".com" (or ".org" if a non profit or in the corresponding specialized Registry for a specialized name) will be given an eight days priority to register the name. In case of further conflict that request will be communicated to the arbirtation panel to document the Registrant's good faith in registering the name.

If this request is introduced through an NCS link, the mailname of that NCS will be recorded with the domain name information unless the registering party wants it removed or changed. In no case the NCS is to hide the true identity of the registrant or it will lose its NCS status for ever. NCS are registered in the Registry database through their e-mail to be used to send them "pay.dj" payments.

Article 8 (Naming Plan Structure)
Registry Manager may decide .DJ name space limitations on some domain name format or type of use, in order to favor specialized allocations to some Registrations sites, to best serve a specialized community, a projects or a kind of application (such as venacular names or IDNA). This may impose additional constraints to 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 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 registration of domain names are omitted.

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

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

(2) If Registrar has received an application for registration pursuant to the provisions of Paragraph 1, and if it is acceptable, according to its criteria and obligations, and according to A.DJ's intellectual and industrial name protection property policy, it shall be processed in the order received. When submitting a request the applicant authorizes an electronic payment. The collection of that payement is the confirmation that the application was accepted.

(3) if the application cannot be positively pursued the payment procedure is cancelled. If a payment has been made, that payment will be promptly reimbursed.

Article 10 (Acceptance and Processing of Applications for Registration)
Applications for registration pursuant to the provisions of Article 7 and 8 shall be carried by Registry Manager and maintained for the paid registration period with the exception of the provisions of Article 11.

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

Article 11 (Deletion of Registration)
(1) Should one of the following subparagraphs apply, 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 the domain name by preparing a false application for Registration of Domains

c. where the registering party does not agree to the terms which 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 registration of the domain name and the use thereof is tantamount to infringement of the right of third parties, unfair trade practices, or unlawful practices.

e. where the registering party fails to re-apply the domain name during 5 days and 25 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 Registry Manager wishes to delete the registered domain name before the expiration date of the domain name, it shall give the opportunity to the registering party to provide a comment within seven days. It shall keep A.DJ informed.

(3) If the received clarification is found unacceptable or fails to be made within 7 days, Registry Manager shall delete, suspend or put for sales the concerned domain name. Registrant will be able to call on an A.DJ arbitrage.

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

(5) Registry Manager will never refund the registration fee except when the registration has been initially refused.

Article 12 (Maintenance of accurate Information and Privacy Policy)
In applying and in using a .DJ domain name Registering parties agree:

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

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

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

(4) to take full responsibility for all disadvantages caused by negligence in maintenance of information related to the domain name.

(5) to accept service mails to be sent to his registered mail box until one year after the expiration of his mail name.

Article 13 (Obligation of having a working e-mail address)
The Registrant must have a working e-mail address which is inserted in the .DJ DNS authoritative database. The Registry Manager and the Registrant must use this e-mail address for official communications between them, and the Registrant must keep the address up-to-date through his registration site. If the e-mail address is not kept up-to-date, the Registrant is in breach of these terms and conditions and the .DJ Registry Manager may terminate the registration of the Registrant domain name(s).

Change of e-mail names are subject to a verification by the Registry. It is usually based upon the provision of the registered secret Userid. Any other verification satisfying the Registry may be used. Including the payment of an early renewal proving the identity of the registrant.

Exception: if the registering party dies or expires without applying for removal of the domain name, Registry Manager shall deem the relevant domain name effective until the successor of the relevant registering party applies for 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 a Registration of Domain names, it shall pay Registry Manager through the relevant Registrar a fee to process and maintain this registration for a period of one or more years.

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

(3) The method to be used to pay this Fee is wire transfer.

However a "pay.dj" solution may be used to best fit the need of Registry Manager, a Registration project, the international practices, the privacy laws and the Djibouti's laws and policy.

Credit card payments will be accepted to pay for single Domain Name registrations, within the limit of ten years.

(4) There is only one registration rate. It is used in the registration form and may be modified by Registry. There may be additional yearly charge for special name spaces and additional services.

(5) Registry Manager organizes and develops an incentive programs for NCS. After having referred at least 10 registrants, NCS are compensated for each registration or renewal of the Registrants they introduced or who listed them as their consultant (providing their consultant mail "CMAIL" in the .DJ authoritative database). This compensation is of 5% of the payment amount, plus 5% by group of 50 non expired registrants at the date of the payment with a total maximum of 25%.

Article 15 (Domain Renewal)
(1) Registry Manager will notify registrant and NCS associated to a domain name that the registrant's domain is about to expire so the registrant or NCS may act accordingly.

(2) a 5 days grace period will be provided for a re-apply of the domain name in order to allow registrants to re-apply the expired domain name. If registrants re-apply the domain during the 30 days period, the renewed date of the domain name will start on the expired date. During that period after expiration, the domain name will be kept active online, however, the domain name will not be allowed to transfer to a third party. After the 5 days grace period the domain name will stop being updated or will stop functionning, but the original registrant has the right to re-apply the domain name. If the registrant does not re-apply for the domain 30 days after the expiration date the domain name becomes available for registration by other parties, even if Registry Manager may decide to keep it resolving in the best interest of Users.

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

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

(5) renewal notifications are e-mailed to the registrant's address and to his NCS. Failure to maintain that e-mail active will lead the name to be cancelled.

Article16 (Transfer of the Domain Name)
Names cannot be transferred. They can be reapplied while being already registered. The approval will be subject to the approval of the regstrant identity verified by his payment of a Transfer Management Fee of $ 25. The new registration is subject to the standard rules. If the new registration is denied, the domain name remains with the former holder. The transfer management fee is not reimbursed. The Transfer Management fee does not change the current expiration date.

Article 17 (Registrant's Rights and Duties)
Registering parties must:

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

(2) In the event they register a Domain Name on behalf of a third party, acting as its NCS, they will make sure they have the authority to bind that third party as a principal party to all terms and conditions provided. They will never hide the real registering party true name. They would be otherwise immediately removed from every NCS programs, without any compensation and losing all their current pending payments and rights. NCS are expected to share in making the .DJ domain a space of trust among users and registering parties.

(3) to the best of their knowledge, neither directly neither indirectly infringe neither dilute the legal rights of any third party nor violate any applicable law through the registration of the Domain Name or through 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. When registering, understand and accept the priority of famous name owners, and expect from this a better protection if the famouns name owner does not his his right.

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

(6) understand and accept that Registry Manager will not disclose information on them to the public. They should maintain a page at http://domain_name.dj/quiest.htm, with the information they want to publish.

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

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

(9) not publicly offer, advertise, or otherwise make available the delegation of subdomains from the Domain Name unless agreed with Registry Manager.

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

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

(12) accept to be provided a simple menu to manage their domain name. This management will protected by the use of an e-mail based relation. This menu will permit them, among others as decided by Registry Manager, to obtain a report from the .DJ database, to update the .DJ database, to obtain support, to renew and to get an e-mail invoice for their last payment.

Article 18 (Use of the Service and Restriction)


(1) Registry Manager DNS name servers hours are 24 hours and 7 days a week including all the 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 (Weekend on Saturday/Sunday) and Djibouti (Weekend on Thursday/Friday) or other places as they may be.

(3) Registering Party guarantees Registry Manager 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 Registration sites 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, Registry Manager reserves the rights at all times to monitor, review, retain and/or disclose any information as it seems to be necessary, in its sole discretion, to satisfy any applicable law, regulation, legal process or governmental request or so as to consistent with its "Privacy Policy".

Article 19 (Disputes Involving Domains)
Any applying, registering or third party relating with Registry Manager under the terms of these Terms and Conditions acknowledges that 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, exploits, 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.

This Dispute Policy follows the Uniform Domain Name Dispute Resolution Policy established by the Internet Corporation for Assigned Names and Numbers ("ICANN") and WIPO with the following provisions:

a. the "domain name" term and obligations are understood according to the present terms and conditions

b. disputes are administered by A.DJ or WIPO. The defendant choses the organization. A.DJ will follow the same procedure but may publish the case on line and call on a randomly designated Member Jury from the concerned specific registrant category (by language, type of activity, etc.). Registry and A.DJ have established a relation with WIPO to develop a procedure starting with a conciliatory initial mandatory phase.

Article 20 (Intellectual property and Service Restriction)
(1) DotDJ and dotDJ marks and logos are trademarks and service marks of DotDJ Corporation and 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 content and materials available on 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 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 you keep intact all copyright and other proprietary notices.

(3) If A Registering Party believes any material on a Registry Manager or Registration Site is infringing its copyrights or the copyrights of a third party, it is to contact Registry Manager. Pursuant to the Digital Millennium Copyright Act, Registrar has designated a registered agent to receive copyright infringement claims. Notifications of alleged copyright infringement are to be notified 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 being any applying, registering or third party relating with Registry Manager and/or any Registrar under the terms of these Terms and conditions, you agree to defend, indemnify, and hold harmless 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, execution s and liens, including reasonable attorneys' fee and costs brought by third parties against 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 Registry Manager, Registrar, A.DJ and/or its Related Parties by you in which Registry Manager, Registrar, A.DJ and/or its Related Parties prevail. The Claims shall include, without limitation, those based on infring ement 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 greement between Registering Parties and Registry Manager and 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 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 Association, Centre SIAT, 4B rue de la Ceinture, 78000 Versailles, France:

  • Registry Manager is dotDJ Association, since October 6th, 2003 operating http://www.dj and as per mission and delegation signed by dotDJ Corporation.
  • registry manager rights and obligations contracted until October 5th 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 World System for Data Journal names.
A.DJ association has offices in Djibouti and Versailles, at dotDJ locations.

Mail addresses that may be used:
dotDJ : info@dot.dj
dotDJ International : intl@dot.dj
dotDJ Djibouti Registrar Management : dj@dot.dj
dotDJ Corporation : corp@dot.dj
A.DJ : a@dot.dj


  
 

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