MN REGISTRATION AGREEMENT
This REGISTRATION AGREEMENT (the "Agreement") is entered into, by and between the .mn domain name registrant ("Registrant") and Datacom Co.. Ltd (“Datacom”). Additional agreements, if any, may be entered into between the Registrant and accredited registrars relating to domain name services in the .mn TLD provided by such accredited registrars, provided that no such additional agreement may waive, alter, or supersede any provision of this Agreement. If there is any conflict between such additional agreements and this Agreement, this Agreement shall control. TERMS AND CONDITIONS:
1. By applying to register one or more .mn domain names (the “.mn Domain name(s)”) with an accredited registrar in the .mn ccTLD (hereinafter referred to as an “Application”) or by using one or more .mn Domain name(s), the Registrant acknowledges that it has read and agrees to be bound by all terms and conditions of this Agreement as well as the following documents, policies, and agreements which are incorporated into this Agreement by this reference and which shall hereinafter (together with this Agreement) be referred to as the “Datacom Policies”:
o the .mn Registration Policies
o the Datacom Acceptable Use Policy (“AUP”)
o the WIPO and Council of Country Code Administrator (CoCCA ) Complaint and Dispute Resolution Service rules and policies
o other Datacom rules or policies that are now, or may in the future, be published by Datacom or CoCCA at http://www.domain.mn or http://www.cocca.cx.
The Datacom Policies apply to all domains and sub-level domains which end in the suffix .mn and explain the rights and obligations between Datacom and the Registrant. Those parts of the Datacom Policies which are not part of the text of this Agreement are incorporated into this Agreement by this reference. Datacom may accept the Application by facilitating registration and resolution of the .mn Domain names(s); such acceptance shall be deemed to have occurred at the Datacom and it’s Registrar, Reseller’s principal place of business. Datacom may modify the Datacom Policies from time to time. Datacom shall post (publish on or link to) the Datacom Policies on Datacom’s web site http://www.domain.mn/. Revised Datacom Policies become effective after posting. The Registrant's use of .mn Domain name(s) following the effective date constitutes the Registrant’s acceptance of the revised Datacom Policies. In the event that the Registrant does not wish to be bound by the revised Datacom Policies, the Registrant’s sole remedy is to cancel the registration of the .mn Domain name(s), following the appropriate Datacom Policies regarding such cancellation.
2. Registration Fee. The Registrant shall pay to an accredited registrar the appropriate registration fee (“Registration Fee”) applicable at the time the Registrant submits its Application to such accredited registrar. Payment of Registration Fees shall be made in accordance with the requirements of the accredited registrars and Datacom Policies are effective at the time the Registrant submits such payment. All Registration Fees paid pursuant to this Agreement are NON-REFUNDABLE.
3. Term and Renewal Term. The Registrant's exclusive registration of the .mn Domain name shall continue for the term specified in an accepted Application (the “Term”). Registrant may have the right to renew a registration in accordance with the Datacom Policies in effect at the end of the Registrant’s then current Term.
4. Registrant Information. The Registrant shall ensure that: (i) the information submitted by or on behalf of the Registrant to the .mn ccTLD registry in connection with registration of the .mn Domain name(s) or otherwise ("Registrant Information") will during the Term comply with the Datacom Policies and is and will remain true, current, complete, accurate, and reliable; and (ii) the Registrant shall maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable by notifying Datacom immediately of a change to any such information in accordance with the appropriate Datacom Policy relating to modifications to the Registrant Information. Datacom reserves and may exercise the right to terminate the Registrant’s registration of the .mn Domain name if (i) information provided by the Registrant to Datacom is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) the Registrant fails to maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable. The Registrant acknowledges that a breach of this Section 4 will constitute a material breach of this Agreement which will entitle Datacom to terminate this Agreement immediately upon such breach without any refund of the Registration Fee and without notice to Registrant.
(i) The Registrant acknowledges that all personal information about the Registrant which is supplied to Datacom or an accredited registrar is held for the benefit of the Mongolia and global internet communities and may be required to be publicly disclosed to third parties and used to maintain a public “Whois” service, provided that such disclosure is consistent with the Datacom Policies. (ii) Registrants must provide the following information to Datacom or its accredited registrar:
?? Legally recognized first and last name (surname) of the contact person for the Registrant (this contact person may be the Registrant itself).
?? If the Registrant is an organization, association, Limited Liability Company, Proprietary Limited Company, or other legally recognized entity, the contact person must be a person authorized under the applicable law in the applicable territory to legally bind the entity.
?? Valid postal address of the Registrant.
?? Functioning e-mail address of the Registrant.
?? Working telephone number for the Registrant, including country code, area code, and proper extension, if applicable.
Providing true, current, complete, and accurate contact information is an absolute condition of registration of a .mn Domain name within the .mn ccTLD. If any Registrant Information provided during registration or subsequent modification to that information is false, inaccurate or misleading, or conceals or omits pertinent information, Datacom may instruct the Registry to terminate, suspend or place on hold the .mn Domain name(s) of any Registrant without notification and without refund to the Registrant; and (iii) The Registrant is responsible for keeping the Registrant Information up to date and responding in a timely fashion to communications regarding the .mn Domain name or other .mn domains registered by them. (iv) The Registrant may be requested to submit content, material, web page(s) or URL(s) accessed through the Datacom network to the manufactures of internet content filters listed on the Council of Country Code Administrator (CoCCA ) website http://cocca.cx/ , and such request shall be a binding obligation.
5. Agents. The Registrant understands, acknowledges and agrees that by using the .mn Domain name, the Registrant ratifies and is bound by this Agreement (including the Datacom Policies incorporated into this Agreement) even if an agent (such as an Internet Service Provider, Domain name retailer, or employee) entered into this Agreement on the Registrant’s behalf, and even if the Registrant has not itself read this Agreement. Further, the Registrant is responsible for all information submitted by its agent. Datacom will not cancel this Agreement, or refund any fees, because of any errors or omissions by the agent in the registration process or thereafter (e.g. if such agent provides incorrect Registrant Information), as such apparent authority will suffice to bind the Registrant. By acting on the Registrant’s behalf, such agent represents and warrants to the Registrant and Datacom that the agent is authorised to bind the Registrant hereto and that it has fully and thoroughly advised the Registrant of the terms and conditions of this Agreement (including the Datacom Policies incorporated into this Agreement).
6. Scope of Registration. On payment of the Registration Fee to the registrar and after payment by the registrar to the Datacom of the separate registration fee and after acceptance of the Application, the Registrant will be entitled to use of the domain name resolution services relating to the .mn Domain name for the Term. However, the Registrant shall not use, display, exploit, or register a .mn Domain name in any manner which may constitute illegal activity or be in contravention or violation of Datacom Policies. The Registrant acknowledges that a breach of this Section 6 will constitute a material breach of this Agreement which will entitle Datacom to terminate this Agreement immediately upon such breach without any refund of the Registration Fee.
7. Registrant Representations and Warranties. The Registrant represents, warrants, and guarantees that:
(i) the Registrant understands that registration entitles the Registrant only to a licence for the use of the domain name resolution services relating to the .mn Domain name for the Term and that use of such services is subject to this Agreement (including the Datacom Policies) and other pertinent rules and laws, including those concerning trademarks and other types of intellectual property, as these may now exist or be revised from time to time; (ii) to the best of the Registrant’s knowledge and belief, neither the registration of the .mn Domain name nor the manner in which it is to be directly or indirectly used infringes the legal rights or intellectual property rights of a third party; (iii) the Registrant will use, display, or exploit the .mn Domain name in good faith, and in accordance with the laws of Mongolia, international law, and applicable state laws and regulations, and will not use the .mn Domain name in any way which may violate a subsisting right of Datacom or any third party; (iv) the information provided by the Registrant is true and accurate, and the Registrant will update said information immediately if it changes; (v) the Registrant is either (a) an identifiable human individual (over the age of 18 years); or (b) a legally recognized statutory entity (such as a Limited Liability Company, Partnership, Association, Society or Proprietary Limited Company); (vi) the Registrant will promptly notify Datacom of any actual or threatened proceedings brought in respect of the words used as or incorporated in the .mn Domain name whether by or against the Registrant; (vii) the Registrant will not, directly or indirectly, through registration or use of the .mn Domain name or otherwise:
a. register a .mn Domain name for the purpose of diverting trade from another business or website;
b. deliberately register as a .mn Domain name mis-spellings of another entity’s personal, company or brand name in order to pass-off or trade on the business, goodwill or reputation of another;
c. grant or purport to grant a security interest or other encumbrance on or over the .mn Domain name unless such security interest or other encumbrance does not exceed the limited rights of the Registrant in the .mn Domain name, does not impair the Registrant’s ability to fulfil the Registrant’s obligations under this Agreement, and does not impose obligations on the Datacom
beyond the obligations owed by the Datacom to a registrant in the absence of such a security interest or encumbrance;
(viii) the Registrant meets and will continue to meet for the whole of the Term any eligibility criteria prescribed in the Datacom Policies for registering and using the .mn Domain name; (ix) that the Registrant will maintain the Registrant Information provided pursuant to Section 4 according to the requirements of Section 4; (x) the Registrant has not previously submitted an application for registration of a domain name for the same character string with another registrar where:
a. the Registrant is relying on the same eligibility criteria for both domain name applications; and
b. the character string has previously been rejected by the other registrar;
(xi) any content, material or web page contained on any Uniform Resource Locator (“URL”), web site or web page accessing, utilising or accessed by means of the .mn Domain name complies with the Datacom Acceptable Use Policy and the CoCCA recommendations and does not constitute or contain any illegal or prohibited content, including, but not limited to indecent, obscene, or pornographic material (as described more fully in the Datacom Acceptable Use Policy), whether incorporated directly into or linked from a web site resolved via a .mn Domain name; (xii) the use of the .mn Domain name and of any web page or URL accessed by or utilising the .mn Domain name will comply with the requirements of the Datacom Acceptable Use Policy and CoCCA recommended policies including, without limitation, those policies relating to spam.
8. Datacom Representations and Warranties. Datacom represents, warrants, and guarantees that:
(i) Datacom manages the .mn top level domain name; (ii) Datacom has the full right, power, legal capacity, ability, and authority to enter into this Agreement, and to carry out the terms and conditions hereof notwithstanding the disclaimer below; (iii) Datacom will process the Registrant’s Application and consider whether to accept or reject it in accordance with the criteria laid down in this Agreement (including the Datacom Policies); (iv) Datacom will, if the Application is successful, use its reasonable endeavours to ensure that the details supplied by the Registrant are entered into and maintained in the .mn zone file; and
Datacom’s breach or misrepresentation of these warranties shall constitute a material breach of this Agreement. In the event of such material breach by Datacom, the Registrant's only recourse against Datacom shall be to terminate its Agreement with Datacom DATACOM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE MAXIMUM EXTENT POSSIBLE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND AGAINST INFRINGEMENT. Datacom DOES NOT GUARANTEE ANY INFORMATION PROVIDED TO THE REGISTRANT BY IT OR ITS AGENTS NOT INCORPORATED INTO THIS AGREEMENT AND, ACCORDINGLY, NO SUCH INFORMATION CREATES ANY EXPRESS OR IMPLIED WARRANTY. DATACOM’S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE REGISTRANT AGREES THAT DATACOM WILL REGISTER DOMAIN NAMES ON A FIRST COME, FIRST SERVED BASIS. DATACOM DOES NOT GUARANTEE THAT ANY DOMAIN APPLIED FOR BY THE REGISTRANT WILL BE AVAILABLE OR WILL BE SUCCESSFULLY REGISTERED OR ALREADY SUCCESSFULLY REGISTERED, AND THE REGISTRANT AGREES THAT IT DOES NOT HAVE ANY RIGHT OF OWNERSHIP IN A REGISTERED DOMAIN.
9. Breach. Failure of a Registrant to abide by any provision of this Agreement (including the Datacom Policies) may be considered a material breach. In the event of such material breach, Datacom may provide a written (including email) notice to the Registrant describing the breach. The Registrant in such event then has thirty (30) days to rectify or cure such breach or to provide evidence reasonably satisfactory to Datacom that there is no breach of this Agreement or Datacom Policies. In the event of a breach that is not rectified, cured or refuted by the Registrant to Datacom Co. Ltd.’s satisfaction, Datacom may cancel the Registrant’s registration of and licence to use the .mn Domain name without refund and without further notice, and pursue any and all legal remedies it may have against the Registrant. Any such breach by the Registrant shall not be deemed excused in the event that Datacom did not act earlier in response to the breach by Registrant. In the event of a breach which, in the opinion of the Datacom or an accredited registrar, causes immediate harm to the public interest or the Datacom Network or which violates any applicable law or regulation, then an accredited registrar and/or the Datacom may modify, suspend, or terminate services to the Registrant without written notice, the modification, suspension, or termination of services constituting notice to Registrant that such a breach has occurred. See Section 12, below for important limitations on the liability of Datacom and accredited registrars with regard to good faith acts by such parties under this Section.
10. Disputes Involving Registrants. The Registrant acknowledges that Datacom cannot, and does not, screen or otherwise review any Application to verify that the Registrant has legal rights to use a particular character string as or in a .mn Domain name. In the event that any party disputes the Registrant's legal right to use, display, exploit, or register the .mn Domain name in any fashion, including allegations that prohibited material (as defined in the Datacom Acceptable Use Policy) is displayed on or linked to from a website which is resolved via a .mn Domain name, Datacom and the Registrant shall act in accordance with and agree to be bound by Datacom Co. Ltd.’s Complaint Resolution Policy and
Service. The Registrant is strongly encouraged to, prior to applying for registration of the .mn Domain name, perform a trademark search with respect to the acronyms, words and/or phrases comprising the .mn Domain name. The Registrant will be solely liable in the event that the Registrant’s use of a .mn Domain name constitutes an infringement or other violation of a third party’s rights.
11. Indemnity. The Registrant shall defend, indemnify, and hold harmless Datacom Co. Ltd., the registry operator, accredited registrars and such parties’ officers, directors, shareholders, owners, managers, employees, agents, contractors, affiliates, lawyers and attorneys ("Datacom Related Parties") from and against any and all claims of third parties or made by the Registrant, including, but not limited to all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable lawyers or attorneys' fees (which lawyers or attorneys shall be hired at the sole discretion of the indemnified party) and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Agreement, the registration or use of the indemnified party’s domain registration or other services, or to the .mn Domain name itself, including the Registrant's use, display, exploitation, or registration of the .mn Domain name, as well as for any infringing or otherwise damaging content displayed or otherwise made available on or by means of the .mn Domain name. If an indemnified party is threatened by claims or suit of a third party, the indemnified party may seek written assurances from the Registrant concerning the Registrant’s indemnification obligations. Failure to provide such written assurances is a material breach of this Agreement. Failure of the Registrant to fully indemnify the indemnified party in a timely manner may result in termination, suspension, or modification of the domain name registration services and any such termination, suspension, or modification shall in no way prejudice or substitute for an indemnified party’s right to seek indemnification by way of litigation or otherwise.
12. DISCLAIMER AND LIMITATION OF LIABILITY. The Registrant acknowledges and agrees that, to the maximum extent possible, DATACOM AND A DATACOM RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER WAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, DATACOM AND A DATACOM RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR SERVICES RELATED TO THE DOMAIN NAME. IN THE EVENT THAT DATACOM OR A DATACOM RELATED PARTY TAKES ACTION WITH RESPECT TO A .MN DOMAIN NAME PURSUANT TO SECTION 9, WHICH ACTION IS REVERSED, MODIFIED, OR ACKNOWLEDGED TO HAVE BEEN INCORRECT BY DATACOM CO. LTD., A DATACOM RELATED PARTY, BY OR THROUGH THE DATACOM COMPLAINT RESOLUTION SERVICE, OR BY A COURT, THEN REGISTRANT AGREES THAT, ABSENT
BAD FAITH BY SUCH PARTY, THAT DATACOM AND DATACOM RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER THEREBY, EVEN IF A DATACOM OR DATACOM RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF DATACOM OR DATACOM RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, DATACOM AND A DATACOM RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE .MN TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF DATACOM OR DATACOM RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF DATACOM OR DATACOM RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR DATACOM OR DATACOM RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF DATACOM OR DATACOM RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO DATACOM OR DATACOM CO LTD. RELATED PARTIES BY THE REGISTRANT.
13. Notices. Notices to Datacom shall be delivered by registered or certified mail, postage prepaid, or reputable commercial courier service (e.g., Express Mail or Federal Express) in the manner of quickest delivery (i.e., overnight delivery, if possible) to: MN Domain Registry Datacom Co., Ltd Information Technology Park, Suite 110 Ulaanbaatar 210646 Mongolia
14. Governing Law / Forum Selection. For all disputes in which the Datacom may be or is a party to the dispute, this registration agreement shall be exclusively governed by the laws of Mongolia applicable to contracts made and performed in
Mongolia, without regard to conflict of laws principles. The Registrant hereby consents to the exclusive personal jurisdiction of the courts of Mongolia, for any and all claims or disputes directed against the Datacom and which arise out of, purport to enforce, construe, or otherwise relate to the .mn Domain name, this Agreement, or Datacom Policies. The exclusive venue for such action shall be the Courts of Mongolia. The Registrant waives any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and the Registrant waives any statutory or other right pursuant to the laws of the jurisdiction in which Registrant resides to have a case relating to this Agreement adjudicated or resolved in that jurisdiction. By way of information and not as a term binding against the Datacom Co. Ltd., disputes not involving the Datacom as a party may be governed by a governing law and/or forum selection clause contained in a separate agreement, if any, between the Registrant and such other disputant (for example, disputes between and accredited registrar and a Registrant may be governed by a separate agreement, if any, between the Registrant and the accredited registrar); provided, however, that no such separate agreement may modify or waive either Datacom Co. Ltd.’s or Registrant’s consent to exclusive choice of law, jurisdiction, and venue in Mongolia and the courts of Mongolia for disputes in which the Datacom is or may be a party, as described above.
15. OWNERSHIP OF INFORMATION AND DATA. Registrant agrees and acknowledges that Datacom and/or any Datacom delegee shall own all database, compilation, collective and similar rights, title and interests worldwide in any domain name database(s), and all information and derivative works generated from the domain name database(s) and that such domain name database may include, without limitation, (a) the original creation date of domain name registration(s), (b) the expiration date of domain name registration(s), (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of all contacts for domain name registration(s), (d) any remarks concerning registered domain name(s) that appear or should appear in the WHOIS or similar information repositories, and (e) any other information generated or obtained in connection with providing domain name registration services. Datacom and/or any Datacom delegee shall not have any ownership interest in a single Registrant’s specific Registration Information outside of Datacom and/or any Datacom delegee’s rights in one or more domain name database(s).
16. Severability. If any provision of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall not be affected thereby and shall continue in full force and effect as nearly as possible to reflect the original intention of Datacom and the Registrant in executing this Agreement.
17. No Waiver. The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party.
18. Full Integration. This Agreement, together with the Datacom Policies expressly incorporated herein by reference, constitutes the entire agreement between the Registrant and Datacom relating to the .mn Domain name. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this Agreement, and this Agreement supersedes all prior written, oral, or electronic agreements between the Registrant and Datacom relating to the .mn Domain name. Additional agreements, if any, may be entered
into between the Registrant and accredited registrars relating to domain name services in the .mn TLD provided by such accredited registrars, provided that no such additional agreement may waive, alter, or supersede any provision of this Agreement nor may such an additional agreement impose any obligation upon Datacom without Datacom Co. Ltd.’s express written consent. If there is any conflict between such additional agreements and this Agreement, this Agreement shall control.
19. Written Agreement. This Agreement constitutes a written agreement between Registrant and Datacom even though the Registrant's Application may be dispatched electronically, and even though Datacom may accept the Application electronically. A printed version of this Agreement, 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.
20. Assignment. The parties agree that Datacom is able to assign this Agreement to a third party without prior written notice to the Registrant.
21. Survival of Obligations. The parties agree that clauses 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 shall survive the expiry or termination of this Agreement.
THIS AGREEMENT IS EFFECTIVE AND BINDING as of the date of acceptance hereof by Datacom (i.e., the date of registration of the .mn Domain name).
(1) To disclose to the Registrant, and in doing so obtain the Registrant’s consent, to the fact that the Personal Information (defined below) provided by the Registrant may be dealt with in the following manner by Datacom Co. Ltd.:
(a) Personal Information shall be collected in the form of a Registrant database, which is used, maintained and corrected from time to time in accordance with this Policy;
(b) Personal Information shall be collected by Datacom for the purpose of the storage and maintenance of the Personal Information. Datacom shall not disclose or transfer the Personal Information to any third party other than the .mn ccTLD Escrow Agent unless under the circumstances detailed in the “Use and disclosure” section of this Policy;
(c) All personal information about the Registrant which is supplied to Datacom or an accredited registrar is held by Datacom for the benefit of Mongolia and global internet communities and may be required to be publicly disclosed to third parties and used to maintain a public “Whois” service, provided that such disclosure is consistent with:
(i) Privacy principles specified in CoCCA recommended policies; and
(ii) The Datacom Policies.
(2) To outline Datacom's procedures for the appropriate collection, holding, use, correction, disclosure and transfer of a Registrant’s Personal Information by Datacom Co. Ltd.;
(3) For Datacom to undertake the requirements of paragraph 1.1(1) in such a way so as to ensure that Datacom Co. Ltd.:
(a) meets international concerns and obligations relating to privacy;
(b) recognises a Registrant’s interests in protecting their privacy;
(c) recognises important human rights and social interests that compete with privacy, including the general desirability of a free flow of information and the right of Datacom to achieve its objectives efficiently; and
(d) encourages Registrants to provide and maintain accurate and reliable contact details with the knowledge that Datacom will respect their privacy.
2.1 “AUP” or “Datacom AUP” means the Acceptable Use Policy available at http://www.domain.mn;
2.2 "Datacom" means Datacom Co., Ltd, the sponsoring organization for .mn;
2.3 “Domain” means a .mn Domain name applied for by a Registrant, whose registration application has been processed and accepted by Datacom Co. Ltd.;
2.4 "Escrow Agent" means a third party contracted to perform data escrow services for Datacom The data escrow arrangement with the Escrow Agent will ensure the transfer of all relevant DNS data and Registrant information, including Personal Information to a nominated replacement/back-up system, and will ensure the safety and integrity of the .mn country code Top Level Domain (“ccTLD”) database. The Escrow Agent is prohibited from use or disclosure of the .mn ccTLD Data unless that use or disclosure is deemed essential to ensure the stability and integrity of the .mn ccTLD;
2.5 “Identifier” for the purposes of paragraph 10 includes a number assigned by Datacom to an individual to identify uniquely the Registrant for the purposes of Datacom Co. Ltd.'s operations. However, an individual's name is not an identifier;
2.6 "Personal Information" means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about a Registrant whose identity is apparent, or can reasonably be ascertained, from the information or opinion provided by the Registrant including information contained in applications for Datacom domain names;
2.8 “Sensitive information” means Personal Information that would be considered to be “sensitive” under the CoCCA recommended policies;
2.9 "Registrant" means the individual, entity or the authorised agent for the individual or entity who applied for or caused to be applied for a Domain and whose registration application has been processed and accepted by Datacom Co. Ltd.;
2.10 "Whois Service" means the service provided by Datacom to the public, as described in paragraph 3 of this Policy, which is available at http://www.nic.mn
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MN ccTLD "Whois" SERVER IMPLICATIONS:
3.1 Datacom will maintain a publicly accessible information service known as the .mn ccTLD "Whois" service which will provide information in relation to a Domain as follows:
(1) technical information on the DNS servers resolving a Domain;
(2) the date the Domain was inserted into the .mn ccTLD registry;
(3) the date of expiration.;
(4) the legal registrant; and
(5) the administrative, technical and billing contacts
4.1 Datacom shall only collect Personal Information necessary for one or more of its functions or activities:
(1) as the trustee for the .mn ccTLD database;
(2) for the provision of the public “Whois” Service;
(3) to contact the Registrant as necessitated by the .mn ccTLD Polices;
(4) To provide law enforcement with information required to investigate or prevent a crime
4.2 The "Primary Purpose of Collection" by Datacom shall be for one of the necessary functions or activities of Datacom as described in paragraph 4.1 above and Datacom will exercise its reasonable endeavours to ensure that:
(1) Datacom shall collect Personal Information only by lawful and fair means and not in an unreasonably intrusive way.
(2) At or before the time (or, if that is not practicable, as soon as practicable after) Datacom collects Personal Information about a Registrant from the Registrant, Datacom shall take reasonable steps to ensure that the Registrant is aware of:
(a) the identity of Datacom and the Escrow Agent and how the Registrant may contact Datacom; and
(b) the fact that the Registrant is able to gain access to the Personal Information; and
(c) the purposes for which the Personal Information is collected (as outlined in the paragraph 4.1 above); and
(d) the organizations (or the types of organizations) to which Datacom usually discloses the Personal Information; and
(e) any law that requires the particular Personal Information to be collected; and
(f) the main consequences (if any) for the Registrant if all or part of the Personal Information is not provided.
(3) If it is reasonable and practicable to do so, Datacom shall collect Personal Information about a Registrant only from that individual.
(4) If Datacom collects Personal Information about the Registrant from someone else, it shall take reasonable steps to ensure that the Registrant is or has been made aware of the matters listed in the “Objectives” paragraph 1 above except to the extent that making the Registrant aware of the matters would pose a serious threat to the life or health of any individual.
4.3 Datacom’s website does not utilise technology to collect user information or track usage. Datacom’s website may feature links to other websites. Datacom is not responsible for the content and privacy practices of such other websites.
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USE AND DISCLOSURE
5.1 Datacom shall NOT use or disclose Personal Information about a Registrant (other than via the public Whois service) for a purpose (a Secondary purpose) other than the Primary Purpose of Collection unless:
(1) the Registrant has consented to the use or disclosure; or
(2) Datacom reasonably believes that the use or disclosure is necessary:
(a) to lessen or prevent a serious and imminent threat to an individual’s life, health or safety; or
(b) to lessen or prevent a serious threat to public health or public safety; or
(c) because Datacom has reason to suspect that unlawful activity or a violation of the AUP has been, is being or may be engaged in, and uses or discloses the Personal Information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons (including parties effected by a violation of the AUP) or authorities; or
(d) because the use or disclosure is required or authorised by or under law; or
(e) because Datacom reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:
(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
(ii) the enforcement of laws relating to the confiscation of the proceeds of crime;
(iii) the protection of the public revenue;
(iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
(v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
(f) because a third party has filed a complaint relating to the AUP and providing the Personal Information may contribute to resolution of the complaint.
5.2 Datacom shall lawfully co-operate with agencies performing law enforcement functions.
5.3 This "Use and disclosure" section in this paragraph 5 does not override any existing legal obligations not to disclose Personal Information. Nothing in this “Use and disclosure” paragraph 5 requires Datacom to disclose any Personal Information; Datacom is always entitled not to disclose Personal Information in the absence of a legal obligation to disclose it.
5.4 Datacom is also subject to the requirements set out in the “Transborder data flows” section in paragraph 12 of this Policy if it transfers Personal Information to a person in a foreign country, situated outside of Mongolia.
5.5 If Datacom uses or discloses Personal Information under this “Use and disclosure” paragraph 5, it shall make a written note of the use or disclosure, and except where requested by a law enforcement agency, inform the Registrant by email of the identity of the requesting entity and stated reasons for the release of the information. These reasons must be one of the stated reasons in paragraph 5.1(2).
6.1 Datacom shall take reasonable steps to make sure that the Personal Information it collects, uses or discloses is accurate, complete and up-to-date.
7.1 Datacom shall take reasonable steps to protect the Personal Information it holds from misuse and loss and from unauthorised access, modification or disclosure.
7.2 Datacom shall take reasonable steps to destroy or permanently de-identify Personal Information if it is no longer needed for any purpose for which the information may be used or disclosed under the “Use and disclosure” section of this Policy, except where prohibited by law or applicable policy
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8.1 This Policy sets out Datacom’s policies on its management of Personal Information. Datacom shall make this document available to anyone who asks for it.
8.2 On request by any person, Datacom shall take reasonable steps to let the person know, generally, what sort of Personal Information Datacom holds, for what purposes, and how it collects, holds, uses and discloses that information.
ACCESS AND CORRECTION
9.1 If Datacom holds Personal Information about a Registrant, it shall provide the Registrant with access to the information on request by the Registrant, except to the extent that:
(1) in the case of Personal Information, providing access would pose a serious and imminent threat to the life or health of any individual; or
(2) providing access would have an unreasonable impact upon the privacy of other individuals; or
(3) the request for access is frivolous or vexatious; or
(4) the information relates to existing or anticipated legal proceedings between Datacom and the Registrant and the information would not be accessible by the process of discovery in those proceedings; or
(5) providing access would reveal the intentions of Datacom in relation to negotiations with the Registrant in such a way as to prejudice those negotiations; or
(6) providing access would be unlawful; or
(7) denying access is required or authorised by or under law; or
(8) providing access would be likely to prejudice an investigation of possible unlawful activity; or
(9) providing access would be likely to prejudice:
(a) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
(b) the enforcement of laws relating to the confiscation of the proceeds of crime; or
(c) the protection of the public revenue; or
(d) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
(e) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders by or on behalf of an enforcement body; or
(f) an enforcement body performing a lawful security function asks Datacom not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Mongolia.
9.2 However, where providing access would reveal evaluative information generated within Datacom in connection with a commercially sensitive decision-making process, Datacom may give the Registrant an explanation for the commercially sensitive decision rather than direct access to the information.
9.3 If Datacom charges for providing access to Personal Information, those charges:
(1) shall not be excessive; and
(2) shall not apply to the lodging of a request for access by Registrants to their own Personal Information.
9.4 If Datacom holds Personal Information about a Registrant and the Registrant is able to establish that the information is not accurate, complete and up-to-date, Datacom shall take reasonable steps to correct the information so that it is accurate, complete and up-to-date, as requested by the Registrant.
9.5 If the Registrant and Datacom disagree about whether the Personal Information is accurate, complete and up-to-date, and the Registrant asks Datacom to associate with the information a statement claiming that the information is not accurate, complete or up-to-date, Datacom shall take reasonable steps to do so.
9.6 Datacom shall provide written reasons for denial of access or a refusal to correct Personal Information under this paragraph 9 in relation to “Access and correction”.
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10.1 Datacom shall not adopt as its own identifier of a Registrant, an identifier of the Registrant that has been assigned by:
(1) an agency; or
(2) an agent of an agency acting in its capacity as agent; or
(3) a contracted service provider for a government contract acting in its capacity as contracted service provider for that contract.
10.2 Datacom shall not use or disclose an identifier assigned to an individual by an agency, or by an agent or contracted service provider mentioned in paragraph 10 in relation to “Identifiers” unless:
(1) the use or disclosure is necessary for Datacom to fulfill its obligations to the agency; or
(2) one or more of the requirements in relation to “Use and disclosure” in paragraph 5.1 applies to the use or disclosure.
11.1 A Registrant's request not to be identified when entering transactions with Datacom shall be considered by Datacom on a case by case basis, in its sole discretion, although Datacom may to honour such request wherever it is lawful or practicable to do so.
TRANSBORDER DATA FLOWS
12.1 Datacom may transfer Personal Information to someone (other than Datacom Co. Ltd., its affiliates or the Registrant) who is in a foreign country only if:
(1) Datacom reasonably believes that the recipient of the information is subject to a law, binding scheme, or contract which effectively upholds principles for fair Resolution of the information that are substantially similar to the privacy principles under CoCCA recommendations; or
(2) The Registrant consents to the transfer; or
(3) The transfer is necessary for the performance of a contract between the Registrant and Datacom or for the implementation of pre-contractual measures taken in response to the Registrants request; or
(4) The transfer is necessary for the conclusion or performance of a contract concluded in the interest of the Registrant between Datacom Co. Ltd., its affiliates or a third party; or
(5) All of the following apply:
(a) the transfer is for the benefit of the Registrant;
(b) it is impracticable to obtain the consent of the Registrant to that transfer; and
(c) if it were practicable to obtain such consent, the Registrant would be likely to give it; or
(6) Datacom has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the privacy principles in the CoCCA recommendations.
13.1 Datacom shall not collect sensitive information about a Registrant unless:
(1) the Registrant has consented; or
(2) the collection is required by law; or
(3) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the Registrant whom the information concerns:
(a) is physically or legally incapable of giving consent to the collection; or
(b) physically cannot communicate consent to the collection; or
(4) where the information is collected in the course of the activities of a non-profit organization the following conditions are satisfied:
(a) the information relates solely to the members of Datacom or to individuals who have regular contact with it in connection with its activities;
(b) at or before the time of collecting the information, Datacom undertakes to the Registrant whom the information concerns that Datacom will not disclose the information without the Registrant’s consent; or
(5) the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.
REVIEW OF POLICY:
14.1 Datacom reserves the right to review or revise this policy at any time and those people who volunteer their personal details to Datacom are deemed to acknowledge and be bound by this policy and any changes made to it. This in no way affects the privacy protection available under Council of Country Code Administrator recommendations or other relevant laws.