By registering a domain you abide by these terms and conditions and dispute resolution policy.
These terms and conditions explicitly stipulate that any .ki domain cannot provide any material non suitable for children, therefore .ki domains are child safe. We strive to enforce this rule as much as we can, report to us any .ki domain that breaks this rule with a pointer to the offending material so we can check it ourself.
The yearly price of each domain is listed below. For the moment we accept only money transfers and cash at our office (the information will be given to you after you register). The domain will be reserved for a period of one month till we receive the payment. We will then activate your domain.
DOMAIN NAME REGISTRATION
Domain Name Registration Service Agreement
(Updated 21 February 2003)
In this Domain Name Registration Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and "we", "us" and "our" refer to Telecom Services Kiribati Limited (TSKL). This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services.
FEES, PAYMENT AND DURATION OF REGISTRATION.
Registration of a domain name will be made only after payment is received in advance. The payment schedule is set forth on our web site and should be consulted at the time of your application. All payments are non-refundable. Unless otherwise specified, the registration expires one year after the year of activation, and is renewable in perpetuity thereafter for successive terms as specified on our web site. Any renewal of your registration with us is subject to our then current terms and conditions and payment of all applicable fees at the time of renewal.
You agree to:
(A) provide certain current, complete and accurate information about you as required by the application process; and
(B) maintain and update this information as needed to keep it current, complete and accurate.
We rely on this information to send you important information and notices regarding your account and our registration service. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our registration service. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals nor for your providing outdated, incomplete or inaccurate information. In order for us to comply to the current rules and policies for the domain name system, you hereby grant to TSKL the right to disclose to third parties through an interactive publicly accessible registration database the following mandatory information that you are required to provide when registering or reserving a domain name:
(i) the domain name(s) registered by you;
(ii) your name and postal address;
(iii) the name(s), postal address(es), e-mail address(es), voice telephone number and where available the fax number(s) of the technical and administrative contacts for your domain name(s);
(iv) the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s);
(v) the corresponding names of those nameservers;
(vi) the original creation date of the registration; and
(vii) the expiration date of the registration.
We, as are all accredited domain name registrars, are also required to make this information available in bulk form to third parties who agree not to use it to
(a) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam) or
(b) enable high volume, automated, electronic processes that apply to our systems to register domain names.
SUITABLE CONTENT FOR CHILDREN.
No service, provision of service, web site, application or other may use a registered domain name to publish any material not suitable for children as to create a "safe harbor" or "greenspace" on the Internet for children that will restrict content relating to violence, pornography, tobacco, hate speech, illegal drugs and alcohol as defined by the laws of the Republic of Kiribati. TSKL will e-mail you a notice to comply within 5 days or to explain to us why you think you are not in breach. TSKL will then make a decision and will inform you by e-mail. You will have then 5 days to comply to this decision. If you do not answer or do not comply within the time frame, your domain name will be de-registered without any compensation, or reimbursment.
MODIFICATIONS TO AGREEMENT.
Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may:
(i) revise the terms and conditions of this Agreement; and/or
(ii) change part of the service provided under this Agreement at any time.
Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the service on our web site, or upon notification to you by e-mail or postal mail. You agree to periodically review our web site, including the current version of this Agreement available on our web site, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or postal mail, at the address specified on our web site. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate your Agreement with us are nonrefundable, but you will not incur any additional fees. By continuing to use TSKL's service after any revision to this Agreement or change in service, you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (a) any agent, representative or employee of any third party that you may use to apply for our services; or in (b) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of TSKL is authorized to alter or amend the terms and conditions of this Agreement.
DOMAIN NAME DISPUTE POLICY.
If you reserved or registered a domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. The current version of the dispute policy may be found on our Web site. Please take the time to familiarise yourself with that policy.
DOMAIN NAME DISPUTE POLICY MODIFICATIONS.
You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.
DOMAIN NAME DISPUTES.
You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled.
You agree that, if your agent (e.g., an Internet Service Provider, employee, etc.) purchased our services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the dispute policy. Your continued use of our services shall ratify any unauthorized actions of your agent. By acting on your behalf, your agent certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he or she has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund fees paid by you or your agent on your behalf for any reason, including, but not limited to, in the event that your agent fails to comply with the terms and conditions of this Agreement, your agent incorrectly provides information in the application process or if your agent changes or otherwise modifies your domain name record incorrectly.
LIMITATION OF LIABILITY.
You agree that our entire liability, and your exclusive remedy, with respect to the service provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service. TSKL and its contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use the TSKL service or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to:
(a) loss or liability resulting from access delays or access interruptions;
(b) loss or liability resulting from data non-delivery or data mis-delivery;
(c) loss or liability resulting from acts of God;
(d) loss or liability resulting from errors, omissions, or misstatements in any and all information or service provided under this Agreement;
(e) loss or liability resulting from the development or interruption of your Web site;
(f) loss or liability from your inability to use other Internet services;
(g) loss or liability that you may incur in connection with our processing of your application for our service, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration fee or renewal fees; or
(h) loss or liability as a result of the application of our dispute policy.
You agree to release, indemnify, and hold TSKL, in our capacities as the registry and a registrar, and our contractors, agents, employees, officers, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising under this Agreement, the TSKL service provided hereunder or your use of the TSKL service, including without limitation infringement or dilution by you, or someone else using our services from your computer, of any intellectual property or other proprietary right of any person or entity, or a violation of any of our operating rules or policies relating to the service provided. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement.
You agree that your failure to abide by any provision of this Agreement, any operating rule or policy regarding our service, the dispute policy, or your willful provision of inaccurate or unreliable information as part of the application process, or your failure to update your information to keep it current, complete or accurate, or your failure to respond for over fifteen (15) calendar days to inquiries from us concerning the accuracy of the contact details associated with your domain name registration may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name without further notice. We will not refund any fees paid by you if we terminate your Agreement due to your breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.
You agree that, by registration of your chosen domain name, such registration does not confer immunity from objection to either the registration or use of your domain name.
REPRESENTATIONS AND WARRANTIES.
You agree and warrant that:
(i) the information that you or your agent on your behalf provide to us during the application process to register your domain name is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time,
(ii) to the best of your knowledge and belief neither the registration of your domain name nor the manner in which you intend to use such domain name will directly or indirectly infringe the legal rights of a third party,
(iii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, and
(iv) you are of legal age to enter into this Agreement. You agree that your use of our service is solely at your own risk. You agree that our service is provided on an "as is," and "as available" basis.
DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE.
You agree that we may terminate your contractual right to use our service if the information that you are obligated to provide to register your domain name, or that you subsequently modify, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register your domain name or to continue to provide you domain name registration services. Furthermore, you agree that we may suspend, cancel or transfer your domain name registration services in order to:
(i) correct mistakes made by us in registering your chosen domain name, or
(ii) to resolve a dispute under our dispute policy. We will not refund any fees paid by you if we terminate your services.
RIGHT OF REFUSAL.
We, in our sole discretion, reserve the right to refuse to register your chosen domain name. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
You agree that this Agreement, the rules and policies published by us, and the dispute policy are the complete and exclusive agreement between you and us regarding our service. This Agreement, our rules and policies, and the dispute policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
TRANSFER AND ASSIGNMENT.
You may transfer your domain name registration to a third party of your choice, subject to any procedures and conditions we may display on our web site. Your rights under this Agreement are not assignable and any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option.
You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws and customs of the Republic of Kiribati.
AGREEMENT TO BE BOUND.
By applying for and registering a domain name as part of our email template application process or by using the service provided by TSKL under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.
.KI Dispute Resolution Policy
Purpose. This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers (ICANN), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (TSKL) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), and the selected administrative-dispute-resolution service provider's supplemental rules.
Your Representations. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that:
(a) the statements that you made in your Registration Agreement are complete and accurate;
(b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party;
(c) you are not registering the domain name for an unlawful purpose; and
(d) you will not knowingly use the domain name in violation of any applicable laws or regulations.
It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
(a) subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
(b) our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
(c) our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by TSKL. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements
Mandatory Administrative Proceeding. This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed here (each, a "Provider").
(a) Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three elements are present.
(b) Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
(c) How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
(d) Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
(e) Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
(f) Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by CENPACNET.
(g) Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
(h) Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
(i) Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
(j) Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
(k) Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive:
(i) evidence satisfactory to us of a resolution between the parties;
(ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or
(iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
All Other Disputes and Litigation. All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
Transfers During a Dispute.
(a) Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
Policy Modifications. We reserve the right to modify this Policy at any time. We will post our revised Policy on our web site at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
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