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.
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 |