Use only letters, numbers, or dashes ("-").
Cannot begin or end with a dash
Cannot have more than 26 characters in total
They must be a resident of Barbados or,
They must have a company registered and operating in Barbados.
1. CUSTOMER'S WARRANTIES
1.1 The Customer represents and warrants that:
(a) the information contained in the Application to the best of the Customer’s knowledge and belief are true and correct and that any future changes to the said information will be provided to Cable & Wireless (Barbados) Limited in a timely manner.
(b) the Customer has the right to use the Domain Name as requested in the Application;
(c) the Customer has a bona fide intention to use the Domain Name on a regular basis on the Internet;
(d) the registration and use of the Domain Name by the Customer do not interfere with or infringe the right of any third party in any jurisdiction with respect to trademarks, service marks, trade name, company name, copyright, patent or any other intellectual property right;
(e) the Domain Name is not defamatory, libellous, slanderous, obscene, abusive, offensive, threatening and or immoral;
(f) the Customer is not seeking to use the Domain Name for any unlawful purpose whatsoever.
1.2 Cable & Wireless (Barbados) Limited reserves the right to refuse to register any Domain Name which is defamatory, libellous, slanderous, obscene, abusive, offensive, threatening and or immoral.
2. OBLIGATIONS OF CUSTOMER
2.1 IT IS THE OBLIGATION OF THE CUSTOMER TO ENSURE BY DILIGENT SEARCH THAT THE DOMAIN NAME PRESENTED FOR REGISTRATION DOES NOT INFRINGE THE RIGHT OF ANY THIRD PARTY IN ANY JURISDICTION.
2.2 Cable & Wireless (Barbados) Limited DOES NOT ACCEPT ANY LIABILITY WHATSOEVER ARISING FROM ANY FAILURE OR NEGLECT BY THE CUSTOMER TO SO SATISFY HIMSELF AS REQUIRED IN CLAUSE 2.1.
3. RIGHT OF REFUSAL
3.1 Cable & Wireless (Barbados) Limited in its sole discretion, reserves the right to refuse to register a Domain Name. The Customer agrees that the submission of the Application does not obligate Cable & Wireless (Barbados) Limited to register the proposed Domain Name or to advise the Customer of the reasons for non-registration. The Customer agrees that Cable & Wireless (Barbados) Limited shall not be liable for loss or damages that may result from Cable & Wireless (Barbados) Limited’s refusal to register a Domain Name.
4. FEES AND PAYMENTS
4.1 The Customer agrees to pay to Cable & Wireless (Barbados) Limited such registration and annual renewal fees as may apply from time to time and which are notified to the Customer. These fees shall not be refundable.
5.1 THE CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS Cable & Wireless (Barbados) Limited, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AUTHORISED AGENTS AND KEEP Cable & Wireless (Barbados) Limited AT ALL TIMES FULLY INDEMNIFIED FROM AND AGAINST ANY LAWSUITS, CLAIMS, DAMAGES OR LIABILITIES (OR ACTIONS OR PROCEEDINGS IN RESPECT THEREOF) ARISING OUT OF THE REGISTRATION AND/OR USE OF THE DOMAIN NAME PARTICULARLY WHERE SUCH REGISTRATION AND/OR USE RESULTS IN DAMAGE TO THE CUSTOMER OR A THIRD PARTY OR PARTIES, OR SERVICE MARK INFRINGEMENT, TRADENAME INFRINGEMENT, DILUTION, TORTIOUS INTERFERENCE WITH CONTRACT OR PROSPECTIVE BUSINESS ADVANTAGE, UNFAIR COMPETITION, DEFAMATION OR INJURY TO BUSINESS REPUTATION, .AND WILL REIMBURSE Cable & Wireless (Barbados) Limited FOR ALL LEGAL AND OTHER EXPENSES, INCLUDING ATTORNEY'S FEES, INCURRED IN CONNECTION WITH INVESTIGATING, DEFENDING, OR SETTLING ANY SUCH LOSS, CLAIM, DAMAGE, INCLUDING WITHOUT LIMITATION THOSE BASED UPON TRADEMARK LIABILITY, ACTION, OR PROCEEDING WHETHER OR NOT IN CONNECTION WITH PENDING OR THREATENING LITIGATION IN WHICH Cable & Wireless (Barbados) Limited IS A PARTY.
5.2 This indemnity shall survive the termination of this Agreement.
5.3 The Customer agrees to:
(a) promptly notify Cable & Wireless (Barbados) Limited in writing of any such claim, action or demand; and
(b) defend any such claim, action or demand at its sole costs and expense.
6. NO GUARANTY
6.1 The Customer agrees that, by registration of a Domain Name, such registration does not confer:
(a) immunity from objection to either registration or use of the Domain Name.
(b) any legal rights over the Domain Name.
7.1 The Customer agrees that Cable & Wireless (Barbados) Limited may delete the Domain Name:
(a) if the Application or subsequent modification thereto, contains false or misleading information, or conceals or omits any information Cable & Wireless (Barbados) Limited would likely consider material to its decision to registering the Domain Name or
(b) where the Customer fails to actively use the Domain Name within 12 months from the approval of the Application by Cable & Wireless (Barbados) Limited.
8. DISPUTE POLICY
8.1 The Customer agrees that Cable & Wireless (Barbados) Limited shall have the right in its sole discretion to revoke the Domain Name from registration upon seven (7) days prior written notice, or at such time as ordered by a Court of Law, should Cable & Wireless (Barbados) Limited receive a properly authenticated order by a Barbados Court requiring the Customer to transfer or suspend registration of the Domain Name.
8.2 The Customer acknowledges and agrees that Cable & Wireless (Barbados) Limited cannot act as an arbiter of disputes arising out of the registration of a Domain Name. At the same time, the Customer acknowledges that Cable & Wireless (Barbados) Limited may be presented with information that a Domain Name registered by the Customer violates the legal rights of a third party. Such information includes but is not limited to evidence that the Domain Name is identical to or resembles a subsisting foreign or Barbados registration of a trademark or service mark that is in full force and owned by another person or entity ("the Complainant")
8.3 Where a Complainant produces to Cable & Wireless (Barbados) Limited certified proof of ownership of a mark duly registered in accordance with the Trade Marks Act of Barbados and Cable & Wireless (Barbados) Limited is satisfied that the Customer cannot establish certified proof of ownership of the Customer’s own mark or within 30 days of receipt of Cable & Wireless (Barbados) Limited’s request the Customer fails to produce such proof, then provided that the Customer promptly submits an Application for the registration of a new Domain Name, Cable & Wireless (Barbados) Limited may assist the Customer in the transition from the disputed Domain Name to a new Domain Name.
8.4 In the event that the Customer :
(a) fails to provide the documentation required by clause 8.3 of a trademark or service mark registration within thirty (30) days of notice of the dispute by Cable & Wireless (Barbados) Limited
(b) provides Cable & Wireless (Barbados) Limited with written notification that the Customer will neither accept a new Domain Name nor relinquish its use of the disputed Domain Name or
(c) fails to take action or provide written notice within the time specified in clause 8.4 (a), whichever event occurs first.
Cable & Wireless (Barbados) Limited will place the Domain Name on "Hold". As long as the Domain Name is on "Hold" status, the Domain Name registered to the Customer shall not be available for use by any party.
8.5 Cable & Wireless (Barbados) Limited will not place the Domain Name on hold in the event that the Customer or Complainant files suit in a court of competent jurisdiction related to the registration of the Domain Name.
8.6 If named as a party to a law suit, Cable & Wireless (Barbados) Limited shall not be limited to the above actions, but reserves the right to raise any and all defences deemed appropriate.
9. DISCLAIMER AND LIMITATION OF LIABILITY
9.1 THE CUSTOMER AGREES THAT Cable & Wireless (Barbados) Limited WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO THE CUSTOMER OR ANY THIRD PARTY ARISING FROM THE REGISTRATION AND OR USE BY THE CUSTOMER OR ANY THIRD PARTY OF THE DOMAIN NAME OR FOR INTERRUPTION OF BUSINESS OR ANY INDIRECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Cable & Wireless (Barbados) Limited HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Cable & Wireless (Barbados) Limited’S MAXIMUM LIABILITY EXCEED ONE HUNDRED (BDS$100.00) DOLLARS.
10.1 Notwithstanding anything to the contrary expressed or implied elsewhere in this Agreement Cable & Wireless (Barbados) Limited (without prejudice to its other rights or remedies) may at its sole discretion terminate this Agreement forthwith in the event that:
(a) the Customer is in breach of its obligations hereunder;
(b) an order is made or an effective resolution is passed for the winding up or dissolution of the Customer or a receiver or receiver manager is appointed in relation to the Customer or any distress or execution, attachment, garnishment or like process is levied or enforced upon or against any of the property of the Customer or the Customer makes or attempts to make any arrangement or composition with its creditors.
10.2 Either party may terminate this Agreement by providing the other with not less than thirty (30) days notice.
11.1 The Customer may request termination of access to the Service by providing Cable & Wireless (Barbados) Limited with not less than seven (7) days notice.
12.1 Cable & Wireless (Barbados) Limited shall have the right to assign this agreement to any of its affliate companies from time to time. For the purposes of this Agreement "affiliate" is defined in accordance with the Companies Act of the Laws of Barbados. The Customer may not transfer or assign its rights or obligations under this Agreement without the prior written consent of Cable & Wireless (Barbados) Limited, such consent not be unreasonably withheld.
13. ENTIRE AGREEMENT
13.1 This Agreement represents the entire understanding between the parties in relation to the subject matter hereof and supersedes all other Agreements and representations made by either party, whether oral or written.
14.1 All notices required under this Agreement shall be in writing and shall be sent by registered or certified mail, facsimile or E-Mail to the address associated with the Customer or Cable & Wireless (Barbados) Limited.
15. GOVERNING LAW
15.1 This Agreement shall be governed by and construed in accordance with the Laws of Barbados.