DOMAIN NAME REGISTRATION CONTRACT
These are the terms and conditions governing the registration of domain names in the Country Code Top Level Domain for Peru. Consequently, this document overrules any previous agreement set by the parties in relation to domain name registration. This agreement is based on the Peruvian laws.
1. RCP is the manager of the Country Code Top Level Domain for Peru. Consequently, it is the only agency in charge of domain name registration and delegation to the organizations that so request it and that comply with the regulations and provisions in force on the subject matter.
2. The beneficiary represents that he knows all the regulations and provisions in force for the delegation and registration of domain names under the Top Level Domain and that he expressly abides by them. They are part of this document and can be found in http://www.nic.pe .
3. The beneficiary represents that it is the exclusive power of PE-NIC to delegate domain names, as well as to reject or revoke their registration.
4. This agreement will be in force during all the time that the domain name registration in favor of the beneficiary is kept in force.
5. The registration of a domain name will begin with the application submitted by the beneficiary before PE-NIC, which must have attached the supporting documents in the case of a trademark, distinctive logo, trade name or any name on which a precedent right exists. After the submittal of the application, there will be a 10-day term for oppositions posed by third parties against the registration of such domain name. If no oppositions exist or if having been posed they have been solved, the application will be approved.
6. The registration application may be sent by e-mail, but it will require that the information be later sent through non-electronic means, upon reception of the name registration application approval. It will be an obligatory requirement that within 30 days after the domain name approval this information be sent to PE-NIC. If this information is not sent, the domain name registration may be revoked by PE-NIC.
7. Upon approval of his domain name registration application, the beneficiary must pay the amount set by PE-NIC for domain name registration. Such payment will include the Sales Tax (IGV). The domain name delegation will become effective four (04) working days as from the date when PE-NIC receives the document evidencing the payment made by the beneficiary.
In the event of partial payment or failure to pay the domain name registration fee, the delegation will not be carried out until the beneficiary pays the required amounts. If any of these situations lasts over thirty (30) working days, all the procedures and payments made so far will become void.
Furthermore, the beneficiary must pay the maintenance fee with the frequency set by PE-NIC. In the event of partial payment or failure to pay the domain maintenance fee within the set terms, PE-NIC will proceed to revoke such domain name registration and will annul all the procedures made by the beneficiary.
8. The beneficiary represents that the domain name registration application does not damage any industrial, intellectual or similar rights of third parties. In any case, the beneficiary will be the only responsible for any event resulting form the registration and use of the requested domain name. PE-NIC has the right to revoke a domain name registration that has been requested damaging the right of third parties.
9. The beneficiary commits to:
a) Continuously use the registered domain name.
b) Timely pay the fee set by PE-NIC.
c) Fulfill each and everyone of the regulations related to domain management set by PE-NIC, regardless of their nature, sense or application, as the only manager and regulator of the registration of domain names in Peru.
Furthermore, he commits to immediately comply with and respect the changes made by PE-NIC on the registration policies.
Should the beneficiary find any of such changes unacceptable, he may request the annulment of his domain name registration. Failure to communicate any disagreement situation will be considered as an acceptance of the new policies set.
d) Respect each and everyone of the terms of this agreement, as well as all the provisions outlined in clause 2 in the event that the process of registration, change or deletion of a domain name be carried out by a third party.
10. PE-NIC will not be, on any grounds, responsible to the beneficiary or third parties for the changes that may result from a request of data deletion, or for the changes that may result from a modification request. Consequently, the beneficiary will assume all the responsibility for the effects that may result from the above-mentioned processes.
Likewise, PE-NIC will be by no means responsible to the beneficiary or third parties for the management of the Top Level Domain in Peru, the management and/or administration of domain name registration, or the enforcement of this agreement and/or the provisions referred to in Clause 2 hereof.
11. The beneficiary explicitly empowers PE-NIC so that it may carry out the immediate deletion of any registered domain name if: (i) it has been obtained through false information; (2) the RCP proves that it has been used against third parties, or (3) once the set deadlines are due, a situation of partial payment or failure to pay persists in relation to the fees set by PE-NIC.
Likewise, PE-NIC may cancel the assigned registration whenever it may consider it appropriate, being enough for this to send a written communication to the beneficiary fifteen (15) calendar days in advance.
12. If due to any event resulting from the assignation, change or elimination of the domain name, PE-NIC or any of its officers, managers, advisors, agents, members of the Steering Board or employees is involved in any judicial or administrative action, proceeding or investigation, the beneficiary will hold him harmless and will refund PE-NIC any sum that it may have been forced to pay due to such event, as well as any legal and other expenses that may have been reasonable incurred for the defense against such actions, proceedings or investigations.
NOTE: By the act itself of submitting the application, the beneficiary accepts all the terms and conditions contained in this form and abides by the regulations contained in http://www.nic.pe regarding the procedures for the application, delegation, registration, change, and cancellation of domain names. Domain name delegation is subject to the acceptance by PE-NIC.