Terms & Conditions for the Registration of Domain Names
The contract between the Applicant and the VI REGISTRY contains the following terms and conditions. By completing and submitting an application to the VI REGISTRY for consideration and acceptance by the VI REGISTRY, the applicant agrees that he/she has read and agrees to be bound by these terms and conditions 1 through 25 below.
This domain name registration agreement (“Registration Agreement”) is submitted to the VI REGISTRY for the purpose of applying for and registering a domain name on the Internet. If this Registration Agreement is accepted by the VI REGISTRY, and a domain name is registered in the VI REGISTRY domain name database and assigned to the Applicant, (“Applicant”) the Applicant agrees to be bound by the terms of this Registration Agreement, the VI REGISTRY Rules For The .VI Domain And Sub-Domains (“Domain Rules”) (which can be accessed on the World Wide Web through www.nic.vi/rules.html), and the terms of COBEX’s Dispute Resolution Policy (“Dispute Policy”) (which can be found on the World Wide Web at www.nic.vi/disp.html), incorporated herein by reference and made a part of this Registration Agreement. This Registration Agreement shall be accepted at the offices of the VI REGISTRY.
2. Fees and Payments
2.1 Fees. Local: $50.00 for new registration and first year; US $35.00
renewal due every anniversary date thereafter. Foreign: US $150.00 for new registration and first year; US $50.00 renewal due every anniversary date thereafter. The non-refundable fee covers a period of one (1) year for each new registration, and one (1) year for each renewal, and includes any permitted modifications to the domain name records during the covered period. Payments must be received on new or renewal applications within 30 days or domain name will be cancelled.
Notice: Any Domain Name registrations remaining unpaid for 30 days on August 1, 2001 will be deleted.
2.2 Remedy; Agents. If the Applicant uses an agent for the payment of fees, the VI REGISTRY will first seek payment from the agent; but if the agent does not pay the fees for whatever reason, the VI REGISTRY will have the right to recover the fees from the Applicant. The Applicant agrees to pay the registration fee as specified by the Applicant’s agent (where applicable) or as specified in the the VI REGISTRY Price schedule as consideration for the registration of an .VI domain name such payment shall validate this contract and confirm acceptance by the Applicant of its terms. The Applicant agrees that if this Registration Agreement is entered into by an agent for the Applicant, such as an ISP or Administrative Contact/Agent, the Applicant is nonetheless bound as a principal by all terms and conditions herein.
3. Data Protection
The Applicant (or the transferee, as the case may be), the Applicant’s agent (if applicable) and the Billing contact grant consent for the Register of .VI Domain Names to include their names and contact details and other details relating to the Applicant’s registration. The VI REGISTRY shall be permitted by the named Applicant and the Billing Contact and or Applicant’s Agent (who shall expressly obtain the consent of individuals whose personal data is to be held on the Register of .VI Domain Names) to allow other organizations and members of the public to access the data for the purpose of obtaining information about the registration of the Domain Name or any other related purpose.
4. Accuracy of information
The Applicant warrants by accepting this Registration Agreement that, to the best of Applicant’s knowledge and belief, the information submitted with this Application is true and correct, and that any future changes to this information to maintain the accuracy of the information about the registration will be provided to the VI REGISTRY in a timely manner according to the domain name modification procedures in place at that time.
5. Claims or Proceedings
The Applicant will promptly notify the VI REGISTRY of any actual claims and or proceedings brought in respect of the domain name used or any information relating to this registration whether by or against the Applicant.
6. Dispute Resolution
6.1 The Applicant agrees that, if the registration of its domain name or any information relating to the registration is challenged by any third party, the Applicant will be subject to the provisions specified in the Dispute Resolution Policy.
6.2 The Applicant agrees that the VI REGISTRY, in its sole discretion, may change or modify the Dispute Resolution Policy (located at www.nic.vi/disp.html), incorporated by reference herein, at any time. The Applicant agrees that by maintaining the registration of a domain name after changes or modifications to the Dispute Policy become effective constitutes the Applicant’s continued acceptance of these changes or modifications. The Applicant agrees that if the Applicant considers any such changes or modifications to be unacceptable, the Applicant may request that the domain name be deleted from the domain name database.
7. Limitation of Liability
The Applicant agrees that the VI REGISTRY shall have no liability to the Applicant for any loss the Applicant may incur in connection with the VI REGISTRY processing of this Registration Agreement, in connection with the VI REGISTRY processing of any authorized modification to the domain name’s record during the covered period, as a result of the Applicant’s agent’s failure to pay either the initial registration fee or renewal fee, or as a result of the application of the provisions of the Dispute Policy. The Applicant agrees that in no event shall the maximum liability (including liability for negligence) of the VI REGISTRY under this Registration Agreement for any matter exceed 125% of the Registration fee paid in respect to a particular period of registration.
The Applicant agrees, in the event the Registration Agreement is accepted by the VI REGISTRY and a subsequent dispute arises with any third party, to indemnify and hold the VI REGISTRY harmless pursuant to the terms and conditions contained in the Dispute Resolution Policy. The Applicant indemnifies the VI REGISTRY and each of the members of its Board of Directors against any claim that the registration of the Domain Name or the manner in which the Domain Name is directly or indirectly used infringes the legal rights of any third party (except for claims arising from the VI REGISTRY negligence or breach of the terms of the contract); and indemnifies them against the reasonable costs and expenses, however they may arise, incurred in defending or dealing with such a claim.
9. Burden to maintain accuracy rests with Applicant
The Applicant agrees that, by registration of a domain name, such registration does not confer immunity from objection to either the registration or use of the domain name.
10. Right of Refusal
the VI REGISTRY, in its sole discretion, reserves the right to refuse to approve the Registration Agreement for any Applicant. The Applicant agrees that the submission of an application does not obligate the VI REGISTRY to accept this Registration Agreement. The Applicant agrees that the VI REGISTRY shall not be liable for loss or damages that may result from the VI REGISTRY’s refusal to accept this Registration Agreement. If the application is not accepted, the VI REGISTRY will notify the Applicant or the Applicant’s agent and return any payments received.
11. Rules for the .VI domain
The VI REGISTRYwill process the application and consider whether to accept or reject it in accordance with the criteria laid down in the VI REGISTRY’s Rules For The .VI Domain And Sub-Domains in force at the time of the application for registration, transfer or renewal.
12. Modification or Surrender of Domain Name
The Applicant (either directly or via an agent) may modify or surrender the registration of the Domain Name. A domain name registration may be removed by requesting the VI REGISTRY to delete of the domain name entry by sending an email from the registered administration email account to which a confirmation email will be sent and from which an acknowledgement must be received by the VI REGISTRY. No other method of surrender is permitted without specific direction by an Virgin Islands Territorial Court or an authorized officer of the World Intellectual Property Organization’s Arbitration and Mediation Center. Once the Domain Name and the Applicant’s details have been entered in the Register of .VI Domain Names no refund of fees will be payable by the VI REGISTRY.
13. First Come, First Served
The VI REGISTRY is entitled to register Domain Names on a first come, first served basis. Applicants are advised not to take any action in respect of the registration of a Domain Name before it becomes a registration entered in the Register of .VI Domain Names.
14. Appropriate authority
The VI REGISTRY shall not cancel a registration or suspend delegation of a name or amend a submission made by an Applicant without being specifically directed to do so by an Virgin Islands Territorial Court or an appointed representative of the Arbitration and Mediation Center of the World Intellectual Property Organization (“WIPO”). A Notice shall be sent to the applicant informing the registered administrative contact of such determination.
15. Intellectual Property rights
The VI REGISTRY does not accept any responsibility for the use of any Domain Name or information generally held on the Register of .VI Domain Names and in particular for any conflict with trade marks, registered or unregistered, or with any other intellectual property rights in context.
16. Entirety of understanding
The Applicant agrees that this Registration Agreement, the Domain Rules and the Dispute Policy is the complete and exclusive agreement between the Applicant and the VI REGISTRY regarding the registration of the Applicant’s domain name. This Registration Agreement, the Domain Rules and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.
17. Loss Liability
In no circumstances will the VI REGISTRY be liable for any loss of profit, business or anticipated savings suffered by the Applicant howsoever incurred.
The Applicant warrants to the VI REGISTRY that neither the registration of the Domain Name nor the manner in which the Domain Name is directly or indirectly used infringes the legal rights of a third party. the VI REGISTRY’s remedies under this warranty will continue to be available after completion of the registration process and notwithstanding any subsequent surrender, cancellation or transfer of the registration of the Domain Name.
If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.
The contract may be assigned by the VI REGISTRY. The Applicant may assign the contract subject to any change made pursuant to clause 21 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 transfer is permitted.
21. Renewal or Transfer
The VI REGISTRY may change the terms and conditions of the contract on renewal or transfer of the registration of the Domain Name. All transfers and renewals will be made under the VI REGISTRY’s Terms & Conditions for the Registration of Domain Names current at the time of the transfer or renewal and, in the case of a transfer, as agreed by the Transferor.
Any notice to be given under the contract shall only be deemed to be served if delivered by hand or sent by pre-paid 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, on delivery; if sent by fax or e-mail, when the sender receives confirmation of receipt; and if sent by post, on the tenth day after posting.
23. Entire Agreement
These terms and conditions, together with the Rules and procedures referred to in clause 1 above, constitute the entire agreement between the VI REGISTRY and the Applicant for the registration of the Domain Name, and supersede all prior agreements, understandings and representations whether oral or written. Subject to clause 12 above, no variation may be made to the contract unless it is in writing and signed by authorized representatives of the Applicant and the VI REGISTRY.
24. Clause headings
Clause headings are for ease of reference and are not part of this Agreement and accordingly shall not affect its Conditions.
The Applicant agrees that this Registration Agreement shall be governed in all respects by and construed in accordance with the laws of the United States Virgin Islands. By submitting this Registration Agreement, the Applicant consents to the exclusive jurisdiction of the Virgin Islands Territorial Court.