To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all of terms and conditions of this Agreement; the accompanying appropriate dispute policies, the additional requirements; and any registration rules or policies that are or may be published from time to time by TLD Registrar Solutions Ltd and Africa.com, the registry administrators. Submission of your domain registration application constitutes acceptance of all the terms and conditions contained and referenced herein.
This Registration Agreement (Agreement) is between you, the person or entity registering a domain or domains and TLD Registrar Solutions Ltd, and is effective when accepted by TLD Registrar Solutions Ltd, a company duly incorporated in England and Wales with registration no: 7629187 with at its offices in 4th Floor, Saddlers House, 44 Gutter Lane, London, EC2V 6BR ("TLD Registrar Solutions Ltd"). The date of your request for registration is (the "Effective Date"). TLD Registrar Solutions Ltd may elect to accept or reject your offer to enter into this Agreement for any reason in its sole discretion, such rejection including, but not limited to, a rejection based on a request for registration of a prohibited domain.
Your domain registration will be effective upon occurrence of all of the following:
- You offer to TLD Registrar Solutions Ltd this Agreement, without modification, for Africa.com's acceptance;
- Africa.com accepts this Agreement and your domain registration application;
- TLD Registrar Solutions Ltd receives payment of the registration, renewal and reinstatement fees as applicable; and
- TLD Registrar Solutions Ltd delivers the domain registration information you provide to the registry and the registry administrator puts into effect your domain registration application.
In addition, in accordance with your selections during the domain registration process, TLD Registrar Solutions Ltd may provide you with the option of additional paid/free services (such as domain name management services and DNS services) in accordance with the terms below but reserves the right to modify/discontinue those services at any time. You must agree to abide by the terms, or TLD Registrar Solutions Ltd will not provide the services you selected to you. For any serviced offer by third parties on this site by directly or indirectly through hyper-links these are governed by those individual links and you are advised to review their Terms of Service, in addition to this Agreement.
Limitation of Liability:
You understand that registry.africa.com does not control all aspects of the domain registration process. For example, once you complete a domain application, registry.africa.com forwards the information contained in the application to the Africa.com Registry Administrator for processing and actual registration of the name. TLD Registrar Solutions Ltd disclaims, and you agree that TLD Registrar Solutions Ltd is not liable for any inaccuracies regarding the registration information relating to (i) the input of the information by you; and (ii) the input of the information by the Registry Administrators of Africa.com. TLD Registrar Solutions Ltd and Africa.com will not be held liable, nor refund a domain name registration due to spelling errors/typos.
Multiple Domain Registrations:
TLD Registrar Solutions Ltd, in accordance with ICANN policies, reserves the rights to refuse to register multiple domain registrations. TLD Registrar Solutions Ltd is entitled to partial delivery on requests for multiple domain registrations.
4.1 Payment of fees as a condition to domain registration
As consideration for the domain registration and renewal service provided by TLD Registrar Solutions Ltd, you agree to pay TLD Registrar Solutions Ltd, prior to the effectiveness of the desired domain registration, all registration and other applicable fees as indicated via a valid Credit Card (no checks). Fees are collected by TLD Registrar Solutions Ltd. Except as provided herein, all fees are non-refundable, in whole or in part, even if your domain registration is suspended, cancelled or transferred prior to the end of your then-current registration term. It is the responsibility of the listed Registrant for the domain name to maintain records appropriate to document and prove the initial domain name registration date.
4.2 Reservation of right to modify fees.
TLD Registrar Solutions Ltd reserves the right to modify fees, surcharges, and renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
4.3 Credit card charge-backs for domain registrations.
In the event of a charge-back to TLD Registrar Solutions Ltd, or through its technical service provider CentralNic, by the credit card company (or similar action by another payment provider used by us) for the credit card used in connection with the payment of the registration or other fee, you agree and acknowledge that the domain registration shall be transferred to TLD Registrar Solutions Ltd as the paying entity for that registration to the registry and that we reserve all rights regarding such domain including, without limitation, the right to make the domain available to other parties for purchase. TLD Registrar Solutions Ltd also reserves the right to lock your account and the remainder of your domains until a payment is made to cover any administrative fees or chargeback fees in the amount of US$200 or such other amount raised by the credit card company. In TLD Registrar Solutions Ltd's sole discretion, it may reinstate your domain registration, subject to TLD Registrar Solutions Ltd's receipt of the registration fee and any reinstatement fees US$200 imposed by TLD Registrar Solutions Ltd or such other amount as lawfully charged by the bank and credit card issuer.
4.4 Credit card charge-backs for non-domain registration services.
In the event of a charge-back by the credit card company (or similar action by another payment provider) for the credit card used in connection with the payment of a non-domain registration fee, you agree and acknowledge that service shall not initiate or will be discontinued, if previously in use, and any information maintained by the service may be deleted along with your account and the remainder of your services being locked until a payment is made to cover any dministrative fees or chargeback fees in the amount of US$200 or other amounts reasonably incurred. In TLD Registrar Solutions Ltd's sole discretion, it may reinstate your services, subject to TLD Registrar Solutions Ltd's receipt of the non-domain registration fee and any reinstatement fees US$200 imposed by TLD Registrar Solutions Ltd.
4.5 TLD Registrar Solutions Ltd reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the account details we hold for you on TLD Registrar Solutions Ltd.
- 4.1 Payment of fees as a condition to domain registration
Required domain registration information
5.1 Registration information
As part of the domain registration process and in accordance with ICANN Policies, a domain registrant is required to submit and keep current the following information (collectively, the "Registration Information"):
- The domain registrant's name and postal address;
- The domain being requested;
- Administrative contact information, including the name, postal address, email address, voice telephone number, and where available, fax number of the administrative contact for the domain; and
- Billing contact information, including the name, postal address, email address, voice telephone number, and where available, fax number of the billing contact for the domain.
5.2 Additional registration information.
In addition, in accordance with ICANN policies TLD Registrar Solutions Ltd is obligated to maintain additional information relating to a domain registration, which may include (collectively, "Additional Registration Information"):
- The original creation date of the domain registration;
- The submission date and time of the registration application to us and by us to the proper registry;
- Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
- Records of account for your domain registration, including dates and amounts of all payments and refunds;
- The IP addresses of the primary nameserver and any secondary nameservers for the domain;
- The corresponding names of those nameservers;
- The name, postal address, email address, voice telephone number, and where available, fax number of the technical contact for the domain;
- The name, postal address, email address, voice telephone number, and where available, fax number of the zone contact for the domain; The expiration date of the registration; and
- Information regarding all other activity between you and us regarding your domain registration and related services.
5.3 Use of registration information and additional registration information.
You agree and acknowledge that TLD Registrar Solutions Ltd will make available the Registration Information and to other third parties such as CentralNic Ltd, and Africa.com (collectively, "Registry Administrators"); and as applicable laws may require or permit. Additionally, you acknowledge and agree that the Africa.com Registry Administrators may establish guidelines, limits and/or requirements that relate to the amount and type of information that TLD Registrar Solutions Ltd and Africa.com may or must make available to the public or to private entities, and the manner in which such information is made available. Further, you hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain (including any updates to such information), whether during or after the term of your registration of the domain. Moreover, you hereby irrevocably waive any and all claims and causes of action that may arise or have arose from such disclosure or use of your Registration Information and the Additional Registration Information.5.3.1
In the event privacy services are offered to you and you take the option of privacy services on your domain name registration, the Registry Administrators expressly reserve the rights to disclose any such Registration Information TLD Registrar Solutions, or other such third parties as our policy, applicable laws or regulation may require or permit. In addition all the terms of 5.3 apply equally to all domain names whether or not privacy services are used or requested.
5.4 Information updating and accuracy obligations.
As a condition to continued registration of your domain, you must keep the Registration Information current, complete and accurate. You may access your Registration Information in TLD Registrar Solutions Ltd's possession to review, modify or update such Registration Information, by accessing TLD Registrar Solutions Ltd's domain manager service, or similar service, made available at our Web site registry.africa.com. In accordance with ICANN policies, you acknowledge and agree that if you wilfully provide inaccurate information or fail to update your Registration Information promptly will constitute a material breach of this Agreement and may result in the cancellation of your domain registration. You further agree that your failure to respond in less than ten (10) calendar days to inquiries by TLD Registrar Solutions Ltd concerning the accuracy of the Registration Information or immediately upon discovery of any wilful inaccuracy (including i.e. phone number of 555-1212, 000-0000) associated with your domain registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain registration.
5.5 Information requirements for renewals.
Upon renewal of your domain registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your domain registration may not be renewed.
5.6 Ownership of data.
You agree and acknowledge that TLD Registrar Solutions Ltd owns all database, compilation, collective and similar rights, title and interests worldwide in our domain database ("Domain Database"), and all information and derivative works generated from such Domain Database, which contains Registration Information and Additional Registration Information. You further agree and acknowledge that TLD Registrar Solutions Ltd owns the following information for those domain registrations for which we are the registrar: (a) the original creation date of the registration; (b) the expiration date of the registration; (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, authorized contact, zone contact and billing contact for the domain registration; (d) any remarks concerning the registered domain that appear or should appear in the WHOIS or similar database; and (e) any other information TLD Registrar Solutions Ltd generates or obtains in connection with the provision of domain registration services, other than the domain being registered, the Internet protocol (IP) addresses of the primary nameserver and any secondary nameservers for the domain, and the corresponding names of those nameservers. TLD Registrar Solutions Ltd does not have any ownership interest in your specific personal registration information outside of its rights in its Domain Database.
- 5.1 Registration information
6.1 In the domain registration process, you will be asked to provide name servers to associate with the domain being registered. If you do not enter name servers for the domain at that time, the domain may be automatically placed on name servers provided by TLD Registrar Solutions Ltd, and internet users that type in the domain may be redirected to a "coming soon" page (collectively, "parking a domain" or a "parked domain"). There is no charge for parking a domain. By not designating name servers during the registration process, you hereby consent to and authorize TLD Registrar Solutions Ltd's placement of a "coming soon" page, and its associated contents, on your parked domain. You may change the name server configuration (or "unpark" the domain) after the registration is complete. If you need to register name servers using the domains that you are currently registering, the names will initially be parked with TLD Registrar Solutions Ltd until you modify the name servers after the domain registration is complete, using your account manager.
6.2 In the event your domain registration expires, your registration is no longer valid. If you are able to renew the domain name, you may update the domain to its original settings. After expiration, but prior to renewal, the domain may be pointed to an "expired" page (collectively, "parking a domain" or a "parked domain"). There is no charge for the parked domain. By not renewing the domain, TLD Registrar Solutions Ltd may place an "expired" page, and its associated contents, on the parked domain. You may change the name server configuration (or "un-park" the domain) after the renewal is complete. If you need to register name servers using the domains that you are currently renewing, the names will initially be parked with TLD Registrar Solutions Ltd until you modify the name servers after the domain renewal is complete, using your account manager.
6.3 The "coming soon" and/or "expired" pages may contain advertisements and other materials selected by TLD Registrar Solutions Ltd, in TLD Registrar Solutions Ltd's sole discretion. This may include, but is not limited to third-party Web sites, third-party product and service offerings, and/or Internet search engines.
Registration renewal:7.1 Renewal obligations.
You are solely responsible for ensuring that any and all domains and additional services are renewed prior to their expiration, should you so desire their renewal. You may renew your domain at any time before the expiration date. TLD Registrar Solutions Ltd and Africa.com shall have no liability to you or any third party in connection with the renewal, including, but not limited to, any failure or errors in renewing the services. You may be notified at TLD Registrar Solutions Ltd's sole discretion when renewal fees are due. Should these fees go unpaid within the time specified in a notice or reminder regarding renewal, your registration will be cancelled. Renewal reminders are being sent under an obligation to ICANN, not as a service to you. Payment must be made by such other method as we indicate in the renewal form. If your billing information is not accurate or timely payment is not received, you are solely responsible for the failure to renew.7.2 Grace Period;
If you fail to renew your domain name during the period and the domain lapses into the Redemption Grace Period, and you then wish to renew your domain you will be charged an additional Redemption Grace Period Fee of $100.7.3 Transfer of Expired Domain Names;
You agree that we may place our contact information in the WHOIS output for any expired domain name, as the failure to renew results in the immediate cancellation of registration and loss of all rights to the domain name. Should you choose not to renew your domain name during any applicable grace period, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf as an Expired Domain Transfer. You hereby agree in advance to any such transfers and updates to the domain contact information.
Dispute resolution policy:
You agree to be bound by the appropriate domain dispute resolution policy ("Dispute Policy") applicable to the domain that you have selected. The Dispute Policy can be found by links: registry.africa.com/e/dispute. The Dispute Policy has been developed by ICANN and the Africa.com Registration Administrator and is a required component of every Agreement. The Dispute Policies are hereby incorporated and made a part of this Agreement by reference. Certain disputes, as specified in the applicable Dispute Policy, are subject to that Policy. In the event such dispute arises, you agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain registration is disputed by a third party. You further agree that, in the event a domain dispute arises with any third party, you will indemnify and hold TLD Registrar Solutions Ltd and Africa.com harmless pursuant to the terms and conditions contained in the Dispute Policy. The Dispute Policy may be modified at any time by the applicable Registry Administrator and your continued use of the domain registered to you after any such Dispute Policy modification shall constitute your acceptance of the modified Dispute Policy and this Agreement. If you do not agree to any of such changes, you may request that your domain registration be cancelled or transferred to a different domain registrar. TLD Registrar Solutions Ltd will implement any decisions under the Dispute Policy in accordance with its obligations towards ICANN and the .Africa.com administrator.
Change of registrant of domains:9.1 Transfer of registration to another registrant.
The entity or person named as the "registrant" at the time the controlling user name and password are secured shall be the registrant of the domain. You agree that prior to the effectiveness of any transfer of ownership of your domain to another entity, TLD Registrar Solutions Ltd reserves the right to enforce any amount published for the transfer of ownership of a domain. When changing the name of Registrant within TLD Registrar Solutions Ltd, you agree that the domain name may be changed back to the Registrant listed immediately prior to the change upon written (email is acceptable) request within reasonable time as determined at TLD Registrar Solutions Ltd's discretion by Registrant that was listed immediately prior to change.9.2
When transferring a domain name into registry.africa.com as the new Registrar of record and simultaneously changing the name of Registrant or subsequently changing the name of Registrant, you agree that the domain name may be re-transferred back to the losing Registrar upon written (email is acceptable) request by Registrant that was listed immediately prior to transfer or upon request by losing Registrar. At the time of transfer into registry.africa.com, you must complete all required information requested through the online transfer application, i.e. contact information, nameserver information, etc. TLD Registrar Solutions Ltd may elect to accept or reject your domain name transfer application for any reason at its sole discretion. You are not entitled to any refund in relation to the domain name transferred to another registrar.
Acceptable Use Policy:
You understand that all information, data, text, software programs, music, sound, photographs, graphics, video, messages or other materials (collectively "Content"), whether publicly posted on your website or privately transmitted via email or in any other manner, is the sole responsibility of the person from which such Content originated. This means that you, and not TLD Registrar Solutions Ltd, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available or allow to be made available. Under no circumstances will TLD Registrar Solutions Ltd be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available.
TLD Registrar Solutions Ltd and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via our services. Without limiting the foregoing, TLD Registrar Solutions Ltd and its designees shall have the right to remove any Content that violates this Registration Agreement or is otherwise objectionable. Further, you acknowledge and agree that TLD Registrar Solutions Ltd may preserve Content and may also disclose such Content if required to do so by law or upon the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Registration Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TLD Registrar Solutions Ltd, its users and the public. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TLD Registrar Solutions Ltd or submitted to TLD Registrar Solutions Ltd, including without limitation information in Message Boards and all other parts of our services.
You agree to:
- not upload, post, email, transmit or otherwise make available (collectively, "Transmit") any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- not harm minors in any way;
- not impersonate any person or entity, including, but not limited to, a TLD Registrar Solutions Ltd official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted;
- not Transmit any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- not Transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- not Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- not Transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- not interfere with or disrupt servers or networks, or disobey any requirements, procedures, policies or regulations of networks;
- not relay email from a third party's mail servers without the permission of that third party.
- not use "robots" or otherwise harvesting other's email addresses from the TLD Registrar Solutions Ltd site for purposes of sending unsolicited or unauthorized material.
- not upload, post, email, or transmit the same message, URL, or post multiple times.
- not intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- not "stalk" or otherwise harass another; or
- not collect or store personal data about other users.
Unsolicited email prohibited; consequences of sending unsolicited email:11.1 Unsolicited email prohibited.
You are strictly prohibited from mass-mailing unwanted email advertisements or solicitations of any type (e.g. SPAM, UCE) (collectively, "Unsolicited Email"). Further, in conjunction with all state and federal laws (which you should be aware of and in compliance with when sending out any mail), TLD Registrar Solutions Ltd prohibits a person from sending out or conspiring with another to initiate the transmission of Unsolicited Email that: (a) uses a third party's internet domain without permission of the third party, (b) misrepresents or obscures any information in identifying the point of origin, IP address, or the transmission path of a commercial electronic mail message; (c) contains false or misleading information in the subject line or inappropriate/adult material (as determined by TLD Registrar Solutions Ltd) in the message body; (d) contains an ineffective opt-out procedure; or (e) uses an email list without knowledge of its source. Any user that is a sender of an email that is in violation of the rules in this agreement and/or any law or regulation is required to indemnify and hold TLD Registrar Solutions Ltd harmless due to the sender's act or omission in sending the email.11.2 Right to Disable Account or Domain.
If you send Unsolicited Email and/or are listed on a public database (i.e. SpamHaus), TLD Registrar Solutions Ltd reserves the right, in its sole discretion, to immediately disable any domain or user account that allegedly sent such unsolicited email(s) in order to forestall further abuse or damage to email systems. Unsolicited Email sent from other networks that reference email accounts of domains registered by TLD Registrar Solutions Ltd shall be considered to have originated from the account referenced, unless compelling reasons are provided to TLD Registrar Solutions Ltd, such that TLD Registrar Solutions Ltd believes that the Unsolicited Email originated with an unrelated third party.11.3 Single complaint of Unsolicited Email.
If TLD Registrar Solutions Ltd receives a complaint regarding Unsolicited Email, TLD Registrar Solutions Ltd will reasonably investigate the claim by, among other things, contacting the administrative contact and/or the account owner of the domain at the listed email address. If there is no response within five (5) days of our request, TLD Registrar Solutions Ltd will, in its discretion, take such action as it deems warranted to prevent further sending of Unsolicited Email, including but not limited to suspending and locking the domain. If the domain registrant wishes to reinstate the domain after a 'lock' is in place, it must apply to do so with TLD Registrar Solutions Ltd, take such remedial measures as TLD Registrar Solutions Ltd may request, and TLD Registrar Solutions Ltd may unlock the account, in its sole discretion. For those domains approved to be unlocked, an administrative fee and a probationary period may also be imposed at TLD Registrar Solutions Ltd's discretion.11.4 Multiple complaints of Unsolicited Email.
If TLD Registrar Solutions Ltd receives two or more complaints for two or more different domains within the same account related to Unsolicited Email, and there is no response to either or both requests for explanation, TLD Registrar Solutions Ltd may suspend and lock the domains in question and lock and disable the domains in the entire account. For those domains within the account that have not received an Unsolicited Email complaint, such domains may be permitted to be transferred to another registrar at the account owner/domain registrant's sole expense. However, the domains that have received Unsolicited Email complaints will remain locked and suspended, at TLD Registrar Solutions Ltd's discretion.11.5 Additional Unsolicited Email guidelines.
Certain TLD Registrar Solutions Ltd services may have additional Unsolicited Email guidelines explaining appropriate conduct for those services. It is the user's responsibility to read and comply with each service's guidelines for additional details regarding Unsolicited Email.11.6 Enforcement of Unsolicited Email policy.
In addition to the above actions, violations of this Section 11 may result in legal action and/or a fine against you and the termination, without notice, of your account and/or anything associated with it, including, but not limited to, email accounts, posts, home pages, and profiles. Nothing in this policy is intended to grant any right to transmit email to or through TLD Registrar Solutions Ltd computer systems.
Agents and licensing:
You agree that, if you are registering a domain and listing someone other than yourself as the registrant, you represent and warrant that you have the authority to bind the person or entity listed as registrant as a principal to this Agreement, including the Dispute Policy. The entity or person listed as registrant of the domain or the appropriate officer of a listed Organization (at TLD Registrar Solutions Ltd's discretion) may individually choose to move the domain into another account for full access to the domain, irrespective of wishes of agent/account owner/other listed contacts on that particular domain (e.g. admin, billing). Further, you agree that if you license the use of the domain registered to you to a third party, you nonetheless remain the domain holder of record, and remain responsible for strict compliance with this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) accurate Registration Information and Additional Registration Information. Further, you remain fully liable for any actions of the licensee using the domain.
Representations and warranties:
In the event that, in registering the domain, you are providing information related to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express and informed consent to the disclosure and processing of that party's information as set forth in this Agreement. You further represent that, to the best of your knowledge and belief, neither the registration of the domain nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain registration is accurate.
14 Indemnification14.1 Indemnification of TLD Registrar Solutions Ltd and the Registry Administrators Africa.com,
You will indemnify, hold harmless, and defend ICANN, Africa.com, TLD Registrar Solutions Ltd and both their subsidiaries and parent entities, predecessors, successors, affiliates, and assigns, and all of their respective current and former officers, directors, members, shareholders, agents, and employees (the "Indemnified Parties") from any and all Claims. "Claim" means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys' fees and costs)), which arises out of: (a) your breach of this Agreement or any of Africa.com's and or TLD Registrar Solutions Ltd's policies applicable to this domain registration or related services, (b) the operation of your domain, (c) any negligent act or omission by you, or (d) any third party claim, action, or demand related to the registration or use of the domain registered in your name (and this indemnification is in addition to any indemnification required under the Dispute Policy). "Reasonable attorneys' fees and costs" as used in this Section 14 includes without limitation fees and costs incurred to interpret or enforce this Section 14. TLD Registrar Solutions Ltd and Africa.com may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. TLD Registrar Solutions Ltd will provide you with reasonably prompt notice of any Claim.14.2 Indemnification of ICANN and Registry Operators.
You agree to indemnify, defend, and hold harmless ICANN, Registry Operator(s) (including but not limited to TLD Registrar Solutions Ltd and Africa.com) and their respective subcontractors, shareholders, directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys' fees and costs and any other expenses arising out of or related to your domain registration and any disputes regarding same. This indemnification obligation shall survive the termination or expiration of the registration agreement. Some Registry Operators may not allow this indemnification provision to apply, as contained herein; in such cases, this provision is in effect to the full extent permitted by law as applicable to such Registry Operators.
Warranty disclaimer; limitation of liability:15.1 Disclaimer of warranty
Africa.com AND TLD Registrar Solutions Ltd MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ANY OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, DOMAIN NAME REGISTRATION AND ANY ENCRYPTION SERVICES. FURTHER, Africa.com EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF FITNESS FOR AN INTENDED PURPOSE, PROPER WORKMANSHIP, NON-NEGLIGENCE, AND NON-INFRINGEMENT. WITHOUT ANY LIMITATION TO THE FOREGOING, Africa.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS AGREEMENT WILL PREVENT CHALLENGES TO YOUR DOMAIN REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF ANY DOMAIN REGISTERED TO YOU.15.2 Limitation of liability.
YOU AGREE THAT Africa.com AND TLD Registrar Solutions Ltd WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A) SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION IN YOUR NAME; (B) USE OF YOUR DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE; (C) INTERRUPTION OF BUSINESS; (D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY THE DOMAIN REGISTERED IN YOUR NAME; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND Africa.com'S REASONABLE CONTROL; (G) THE PROCESSING OF THIS APPLICATION; (H) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES PROVIDED; OR (I) APPLICATION OF THE DISPUTE POLICY. Africa.com AND TLD Registrar Solutions Ltd ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, 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 Africa.com AND TLD Registrar Solutions Ltd HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TLD Registrar Solutions Ltd's MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN THAT IS AT ISSUE FOR THE THEN-CURRENT PERIOD OF REGISTRATION. SHOULD THIS AGREEMENT OR A DISPUTE POLICY BE AMENDED IN SUCH A MANNER THAT YOU DO NOT ACCEPT OR AGREE TO, YOUR SOLE REMEDY WILL BE TO CANCEL YOUR DOMAIN REGISTRATION (AND RECEIVE NO REFUND) OR TO REQUEST FOR DOMAIN TRANSFER.
Term and termination:16.1 Term.
This Agreement is effective as of the "Effective Date." The term of this Agreement is from the Effective Date to the day that this Agreement ends through any of the following means: (a) your domain registration is cancelled; (b) your domain is actually transferred to a third party; or (c) your domain expires or is terminated (in accordance with Section 16.3, below) (collectively, "Termination").16.2 Domain suspension, cancellation or transfer.
You acknowledge and agree that your domain registration is subject to suspension, cancellation or transfer (cancellation or transfer collectively referred to as, "Cancellation") (a) to correct mistakes by TLD Registrar Solutions Ltd, another registrar, or a Registry Administrator Africa.com in administering the name or (b) for the resolution of disputes concerning the domain pursuant to an ICANN policy or procedure. You also agree that TLD Registrar Solutions Ltd shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain registration upon up to seven (7) calendar days prior notice and after such time as TLD Registrar Solutions Ltd receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer or modification of the domain registration.16.3 Termination.
TLD Registrar Solutions Ltd reserves the right to suspend, cancel, transfer or modify your domain registration if: (a) you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within ten (10) days of notice by TLD Registrar Solutions Ltd; (b) you use the domain to send Unsolicited Email, in violation of this Agreement or applicable laws; (c) you use your domain in connection with unlawful activity; or (d) you violate this Agreement.16.4 Survival.
The following provisions will survive Termination or Cancellation of this Agreement: Sections 2, 12, 13, 14, 15, 16, and 17.
Additional terms:17.1 Personal Data.
TLD Registrar Solutions Ltd incorporates its Privacy Statement by reference, and TLD Registrar Solutions Ltd's Privacy Statement explains how TLD Registrar Solutions Ltd collects information concerning identified or identifiable persons ("Personal Data''). Please read our Privacy Statement by registry.africa.com. In addition, you hereby represent that you have provided TLD Registrar Solutions Ltd's Privacy Statement to any person whose Personal Data you disclose to TLD Registrar Solutions Ltd and that you have obtained their consent to the foregoing. TLD Registrar Solutions Ltd will not process or disclose Personal Data in a manner inconsistent with the foregoing without providing notice consistent with its Privacy Statement. Your continued use of our services after such time period constitutes your agreement with TLD Registrar Solutions Ltd's revised policy and your representation that you notified the persons whose Personal Data has been provided to TLD Registrar Solutions Ltd and have received their consent to the new policy.17.2 Modifications to Agreement
Africa.com REQUIRE THAT THIS AGREEMENT MUST BE MODIFIED IMMEDIATELY TO REFLECT ANY AND ALL CHANGES REQUIRED BY ICANN AND OR Africa.com. THUS, THIS AGREEMENT MAY BE MODIFIED AT ANY TIME TO REFLECT CHANGES IN ICANN'S OR Africa.com's POLICIES. Further, except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the services 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(s) on TLD Registrar Solutions Ltd's Web sites, or upon notification to you by email, fax or International Airmail. You agree to periodically review our Web sites, including the current version of this Agreement available on our Web sites, 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 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 non-refundable, but you will not incur any additional fees. By continuing to use TLD Registrar Solutions Ltd services after any revision to this Agreement or change in service(s), 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 (i) any agent, representative or employee of any third party that you may use to apply for our services; or in (ii) information posted on our Web site of a general informational nature.17.3 Governing law.
Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of England and Wales as if the Agreement was a contract wholly entered into and wholly performed within the England and Wales. Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the web site (including class actions or individual suits, regardless of whether or not a similar action and/or comparable remedy could be pursued in a foreign state) shall be brought exclusively in the courts of, or if there is no jurisdiction in such court, then in the Courts in London under laws of England.17.4 Notices
You agree that any notices required to be given under this Agreement by TLD Registrar Solutions Ltd to you will be deemed to have been given if delivered in accordance with the contact information you have provided.17.5 Relationship.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.17.6 Waiver.
The failure by TLD Registrar Solutions Ltd to require performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by TLD Registrar Solutions Ltd of a breach of any provision hereof be taken or held to be a waiver of the provision itself.17.7 Severability.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. TLD Registrar Solutions Ltd will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of TLD Registrar Solutions Ltd as reflected in the original provision.17.8 Assignment.
This Agreement may be assigned by TLD Registrar Solutions Ltd without your consent. You may not assign this Agreement (and the related domain registration) without the prior consent of TLD Registrar Solutions Ltd and/or without using the TLD Registrar Solutions Ltd domain transfer process in compliance with TLD Registrar Solutions Ltd's policies.17.9 Intellectual Property.
You understand and agree that all content and materials contained in this Agreement, other policies, the TLD Registrar Solutions Ltd Web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of England and Wales, as well as any other applicable proprietary rights and laws, and that TLD Registrar Solutions Ltd or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of TLD Registrar Solutions Ltd or its licensor. No license, distribution rights, or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise. If any license is granted, it is strictly for the purpose of this agreement and may not be sold or used in any other manner without the express written consent from TLD Registrar Solutions Ltd You agree that TLD Registrar Solutions Ltd, or its licensor holds all rights, title and interest in all intellectual property, including other rights related to intangible property, unless otherwise indicated ("Intellectual Property Rights"). You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such services.17.10 Entire agreement.
This Agreement, and the attachments and documents referenced herein, including but not limited to the Dispute Policy (as modified from time to time), constitute the complete and exclusive agreement between you and TLD Registrar Solutions Ltd, and supersede and govern all prior proposals, agreements, or other communications.
Revised 31 October 2018. Copyright © 2018 TLD Registrar Solutions Ltd. All Rights Reserved.