General Terms of Service
The Pitcairn Islands Administration provides this web site located at www.government.pn (this "Site") and related domain name registration services (collectively, the "Service") subject to your compliance with the terms and conditions set forth below ("Terms of Service"). Please read the Terms of Service carefully
because it constitutes a legally binding contract between you and the Pitcairn Islands Administration and governs your use of this Site. BY USING THIS SITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE AND THE ASSOCIATED POLICIES OF THIS SITE.
1. ADDRESS AND CONTACT INFORMATION
Pitcairn Islands Administration
Private Box 105 696, Auckland, New Zealand
e-mail: [email protected]
Ph: +64 9 366 0186 fax: +64 9 366 0187
2. SERVICES PROVIDED BY .PN
We provide a domain name registration service that enables users to register second level Internet domain names within the .PN top level domain. Although we will attempt to accommodate your request for a particular domain name, we do not guarantee that you will receive the name you have requested or that you will have the legal right to use any domain name you register. For more information about registering domain names, review the Registration Agreement (the "Registration Agreement").
3. USE OF THE SITE
As a condition of your use of the Service, you warrant to The Pitcairn Islands Adminstration that you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Service. The Pitcairn Islands Adminstration expressly prohibits any unauthorized commercial use of the Service or the resale of the Service. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account. The Pitcairn Islands Adminstration has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, The Pitcairn Islands Adminstration reserves the right at all times to monitor, review, retain and/or disclose any information as it deems necessary, in its sole discretion, to satisfy any applicable law, regulation, legal process or governmental request.
4. INTELLECTUAL PROPERTY
All text, graphics and multimedia content available from this Site and pages within this Site and all related code, HTML, other mark-up languages, and all scripts within this Site ("Intellectual Property") are the property of The Pitcairn Islands Adminstration and are protected by copyright, trademark and other intellectual property laws. The Intellectual Property may not be copied, reproduced, republished,
modified, uploaded, posted, transmitted or distributed in any way. Unless otherwise expressly permitted in writing by the owner of the Intellectual Property, the use of the Intellectual Property on any third party website or computer environment is prohibited.
If you believe any material on this Site is infringing your copyrights or the copyrights of a third party, please contact The Pitcairn Islands Adminstration immediately.
5. .PN POLICIES
You acknowledge and understand that by accepting the Terms of Service, you agree to be bound by any pertinent rules, policies or agreements that have been or in the future may be adopted by
The Pitcairn Islands Adminstration (the ".pn Policies") and which are or in the future may be posted on this Site.
6. ACCURATE INFORMATION
As a condition of your use of the Services, you agree to: (1) provide current, complete and accurate information where required in the application or registration process; and (2) maintain and update this information as needed to keep it current, complete and accurate.
7. THIRD PARTIES
You understand that The Pitcairn Islands Adminstration may permit third party product and service providers ("Third Party Vendors") to advertise their products and services on this Site ("Third Party Products") or have links to their own websites ("Linked Sites"), in order to facilitate the provision of Third Party Products to you. However, you acknowledge and agree that at no time is The Pitcairn Islands Adminstration making any representation or warranty regarding any Third Party Products, nor will The Pitcairn Islands Adminstration be liable to you or any third party for any claims arising from or in connection with such Third Party Products. You also understand and agree that the Linked Sites are not under the control of The Pitcairn Islands Adminstration and we are not responsible for the contents of any Linked Site or any link contained in a Linked Site, or any changes or updates to such Linked Sites. The Pitcairn Islands Adminstration is not responsible for webcasting or any other form of transmission received from any Linked Site. The Pitcairn Islands Adminstration is providing these links to Linked Sites to you only as a convenience, and the inclusion of any link does not imply endorsement by The Pitcairn Islands Adminstration of the Linked Site.
8. WAIVER OF CLAIMS
By accessing or using this Site, you hereby and forever waive any and all claims you have now or may have in the future against The Pitcairn Islands Adminstration relating to any infringement of the trademark rights, right of publicity or privacy, or other intellectual property rights you may have in any word or name
registered as a domain name in the .PN top level domain. You hereby disclaim and waive any rights and claims you may have against The Pitcairn Islands Adminstration with respect to Third Party Products or Linked Sites, to the maximum extent permitted by law.
YOU HEREBY WAIVE ANY CLAIM THAT THE FOREGOING LIMITATION OF LIABILITY DEPRIVES YOU OF AN ADEQUATE REMEDY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR THE SERVICE IS TO STOP USING THIS SITE AND/OR THE SERVICE. YOU FURTHER AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR USE OF THE SERVICE OR OTHERWISE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.
9. LIMITATION OF LIABILITY
You specifically agree that The Pitcairn Islands Adminstration shall not be liable for losses or liabilities arising in connection with your use of this Site or the Service, including, but not limited to loss or liability:
a.arising in connection with your use of the Domain Name Registration Service;
b.resulting from data non-delivery, data mis-delivery or unauthorized access to transmissions or data;
c.resulting from acts of nature, over which humans have no control;
d.resulting from the unauthorized use or misuse of your account number or password;
e.from threatening, defamatory, obscene, offensive or illegal content or conduct of any third party;
f.arising in connection with your infringement of a third party's right, including intellectual property rights;
g.resulting from errors, omissions or misstatements in any and all information or services provided by The Pitcairn Islands Adminstration to you;
h.resulting from the development or interruption of your website;
i.from your inability to use a domain name registered to you;
j.that you may incur in connection with The Pitcairn Islands Adminstration's processing of your application for the Service; or
k.resulting from the application of The Pitcairn Islands Adminstration's Dispute Policy.
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PITCAIRNS ISLANDS ADMINISTRATION SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, THE TERMS OF SERVICE OR THE SERVICE, OR INFORMATION CONTAINED WITHIN THIS SITE, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT
OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE
OF WHETHER YOU HAVE ADVISED THE PITCAIRN ISLANDS ADMINISTRATION OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
You agree to release, indemnify, defend and hold The Pitcairn Islands Adminstration, officers and employees, harmless from any liabilities, claims, demands, losses, costs and expenses, or damages, including attorneys' fees, asserted by any third party ("Claims") due to or arising out of your use of or conduct on this Site or the Service. Without limiting the generality of the foregoing, you specifically agree to release, indemnify, defend and hold The Pitcairn Islands Adminstration, officers and employees, harmless from any Claims due to or arising out of your indication of interest, registration or attempted registration of any domain name in the .PN top level domain.
11. NO WARRANTIES
THE SERVICE AND THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT. IN PARTICULAR, BUT WITHOUT LIMITATION, THE PITCAIRN ISLANDS ADMINISTRATION DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PITCAIRN ISLANDS ADMINISTRATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.
12. LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS
Unless otherwise specified, all materials and services in this Site are presented solely for the use in Pitcairn Island. The Pitcairn Islands Adminstration controls and operates this Site from its offices within New Zealand, and all transactions conducted on the Site are conducted in New Zealand. The Pitcairn Islands Adminstration makes no representation that materials in this Site are appropriate or available for use in other locations. Those users who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to this Site should not be construed as the purposeful availment of the benefits or privilege of doing business in any country other than Pitcairn Islands by The Pitcairn Islands Adminstration.
You acknowledge that the domain name system and the practice of registering and administering domain names are evolving, and therefore, you agree that The Pitcairn Islands Adminstration shall have the right, in its sole discretion, to modify the .pn Policies from time to time. Any such modification shall be binding and effective immediately upon posting of the modified .pn Policies on this Site, except for modifications to the Dispute Policy, which shall be effective thirty (30) days from posting on this Site. You agree to periodically review this Site to be aware of any such modifications. The Pitcairn Islands Adminstration reserves the right to withdraw, suspend or discontinue, in its sole discretion, any functionality or features in this Site, including the cessation of all activities and services associated with this Site.
14. GENERAL PROVISIONS
a.No Relationship Created.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Pitcairn Islands Adminstration as a result of the Terms of Service or your use of the Service.
b.Compliance with Laws.
The Pitcairn Islands Adminstration's performance of the Terms of Service is subject to existing laws and legal process, and nothing contained in the Terms of Service is in derogation of The Pitcairn Islands Adminstration's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by The Pitcairn Islands Adminstration with respect to such use.
If any part of the Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Service shall continue in effect. If no enforceable provision can be substituted, then that provision shall be deemed severable from the Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
e.Governing Law; Jurisdiction.
The Terms of Service shall be governed by, construed and enforced in accordance with the laws of Pitcairn Island, without regard to its conflicts of law principles. You shall bring any action to enforce the Terms of Service or in connection with any matters related to this Site only in Pitcairn Island. You expressly consent to the jurisdiction of said courts. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation this paragraph.