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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.
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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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