( top level domains ) include .com .net and .org names, and
.biz, .info and .name domains.
(Internet Corporation for Assigned Names and Numbers ) is a
non-profit, non-government organization recognized by the US
Government and the Internet Industry as a regulatory body for
the system of TLDs.
Registry is the electronic directory where all TLDs are held.
Registry administrator (RA) maintains the Registry. Currently
Network Solutions Inc. (NSI) is the Registry administrator for
Ltd, register.com.cy have been selected as brand names for
providing registration services.
This agreement is between Nogent Ltd (REGISTRAR) and the party
as specified in the application for the services (CLIENT).
REGISTRAR will submit the domain name(s) selected by CLIENT to
the Registry Administrator for recording into the Registry for
top level domains .com, .net
.org, .info , .biz, .cc, .tv., .ws . The REGISTRAR will
collect, record and keep data about CLIENT's identity. REGISTRAR
will allow CLIENT to access and update his records. REGISTRAR
will generate, record and keep additional information pertaining
to the domain registration such as activation date,
modifications, etc. REGISTRAR will provide some or all of this
data to the public as a public service at its sole discretion
and as required by ICANN and applicable laws.
CLIENT agrees to pay a fee for the services in accordance with
REGISTRAR's fee schedule given to the clients by email.
CLIENT agrees to pay such fees for the initial
registration and for subsequent renewals as outlined in the fee
schedule. All fees are due 45 days prior to the registration/renewal.
All fees are non-refundable, in whole or in part, even if CLIENT's domain name registration is suspended, cancelled or
transferred prior to the end of the registration term. The
requested domain name will not be registered or renewed unless REGISTRAR
receives actual payment of the registration fee.
CLIENT agrees that he will lose all rights upon the selected
domain name in case of a charge back by his credit card company,
credit card fraud or any other reversed payment. REGISTRAR will
decide at his sole discretion whether to hold the name in his
own portfolio or to release it for use by others. REGISTRAR will
reinstate such names at his sole discretion and subject to
reinstatement fee of 200 CYP, in addition to all other fees.
CLIENT agrees that it is his responsibility to watch the
expiration terms and pay his renewal fees on time. Although
REGISTRAR may notify CLIENT of renewal fees, REGISTRAR does not
have a duty to do so. Failure to pay the renewal fee will result
in domain name suspension and release of the domain name for use
CLIENT understands that he will be prohibited from changing his
Registrar during the first 3 years after initial registration of
the domain name with REGISTRAR. (If registered
Administrator role and indemnification.
CLIENT understands and agrees that REGISTRAR does not have
control over the Registry or the Registry Administrator. CLIENT
agrees and acknowledges that REGISTRAR is not liable or
responsible in any way for any errors, omissions or any other
actions by the Registry Administrator arising out of or related
to CLIENTs application and receipt of, or failure to receive, a
domain name registration. CLIENT further agrees to indemnify,
defend and hold harmless the Registry Administrator and its
directors, officers, employees, and agents from and against any
and all claims, damages, liabilities, costs, and expenses
(including reasonable legal fees and expenses) arising out of,
or related to, CLIENT's domain name registration.
submission and updates.
CLIENT agrees to provide to REGISTRAR all the data necessary for
domain name registration. REGISTRAR determines the nature of
such data at his sole discretion with consideration of rules and
procedures set by ICANN, other Registrars and the Registry
administrator. Client agrees to update all such data promptly
and submit additional information if needed. That can be done by
following the support link at REGISTRAR's home page, or by
emailing email@example.com Client acknowledges that Client
may be asked to submit a third party's personal data. In such
event Client agrees to secure the consent of such third party to
have his/her (the third party's) personal data submitted and
used as allowed by this agreement. CLIENT acknowledges that
willfully failing to provide or update information promptly will
constitute a material breach of this agreement and will be
sufficient basis for cancellation of his domain name
registration. CLIENT further agrees that a failure to respond
for over fifteen (15) calendar days to inquiries by REGISTRAR
concerning the accuracy of contact details associated with
CLIENT's registration shall constitute a material breach of this
agreement and will be sufficient basis for cancellation of
CLIENT's domain name registration.
REGISTRAR will own all data collected during the registration
process. REGISTRAR reserves the right to use this data at its
sole discretion in accordance with ICANN requirements and
applicable law. CLIENT is advised hereby that some or all of
such data may be made available to the public. CLIENT agrees and
acknowledges that REGISTRAR owns all database, compilation,
collective and similar rights, title and interests worldwide in
REGISTRAR's domain name database, and all information and
derivative works generated from the domain name database.
REGISTRAR will take reasonable precautions to protect Client's
data from loss, misuse or disclosure.
to third Parties.
License to a third party shall not relieve CLIENT of any duty,
including but not limited to the duty to provide CLIENT'S
contact information, or responsibility or liability for harm,
arising from this contract or otherwise.
of third parties.
CLIENT represents that neither the registration nor the use of
this domain name will infringe on the rights of third parties.
CLIENT will be allowed to select the name servers to serve his
domain name. Default name servers will be available for CLIENTS
who do not have name servers available.
REGISTRAR will contact CLIENT by the e-mail provided in the
subscription/application form. CLIENT agrees to monitor such
contact e-mail and to forward it to appropriate personnel and/or
departments within his organization. CLIENT agrees to maintain
all contact information current. REGISTRAR can be contacted by
e-mail at firstname.lastname@example.org
for all billing questions and email@example.com for
all technical and administrative issues. Lack of communication
is not an excuse for non-payment of fees or for non-compliance
with the other clauses of this agreement.
CLIENT agrees to be bound by REGISTRARS Dispute Policy, which is
hereby incorporated and made a part of this Agreement by
reference. The Dispute Policy can be found at http://www.register.com.cy/dispute.html
Certain disputes, as specified in the Dispute Policy, are
subject to that policy. CLIENT agrees that he will be subject to
the provisions specified in the Dispute Policy in effect at the
time his domain name registration is disputed by a third party.
CLIENT also agrees that, in the event that a domain name dispute
arises with any third party, he will indemnify and hold
REGISTRAR harmless pursuant to the terms and conditions
contained in the Dispute Policy.
CLIENT shall indemnify, defend by counsel reasonably accepted by
REGISTRAR, protect and hold REGISTRAR and its directors,
officers, employees, and agents from and against any and all
claims, liabilities, losses, costs, damages, expenses, including
consultants' and attorneys' fees and court costs, demands,
causes of action, or judgments directly or indirectly arising
out of or related to the domain name registration services
provided by REGISTRAR to the CLIENT.
REGISTRAR has the right to refuse services to anyone.
CLIENT agrees not to approach REGISTRAR's employees with
proposals to hire them as his own employees or contractors. If
CLIENT were to hire any of REGISTRAR's employees, CLIENT agrees
to pay REGISTRAR for each employee thus hired the greater amount
of: three years salary for that employee as CLIENT is to pay
such employee, or 100,000 CYP
REGISTRAR SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY
SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE DOMAIN
NAME REGISTRATION SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES
FOR LOST PROFITS, LOSS OF USE, LOST DATA, LOSS OF PRIVACY,
DAMAGES TO THIRD PARTY EVEN IF REGISTRAR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES
OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY
STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE
FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE IT'S
ESSENTIAL PURPOSE OR OTHERWISE. IN NO EVENT SHALL REGISTRAR'S
MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY
CLIENT FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT
GREATER THAN FIVE HUNDRED DOLLARS ($500.00). REGISTRAR'S
LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN STATES
WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES.
REGISTRAR will not return collected fees for services.
off period for billing errors.
A 15-day-cut-off period is set for billing error claims. CLIENT
agrees that he has no rights to claim any billing errors for a
period earlier than 15 days from the date of the claim. All
bills are final after 15 days.
CLIENT can terminate the services with advance notice in writing
only to the billing department by mail or e-mail. CLIENT
understands that there will be no reimbursement and no pro rate
if he decides to terminate the services before the end of a
prepaid term, regardless of the reason for the termination.
REGISTRAR reserves the right to suspend, cancel, transfer or
modify CLIENT's domain name in the following cases a) CLIENT
materially breaches this Agreement (including the Dispute
Policy) and does not cure such breach within 30 days of notice
by REGISTRAR, b) grounds arise for such suspension,
cancellation, transfer or other modification as provided for in
this Agreement, c) CLIENT uses his domain name in connection
with unlawful activity or d) CLIENT uses the domain name
registered to him to send unsolicited commercial advertisements
in contradiction to either applicable laws or customary
acceptable usage policies of the Internet. Credit card accounts
will be automatically renewed unless notified prior to
expiration date of service.
CLIENT acknowledges and agrees that his registration of a domain
name is subject to suspension, cancellation or transfer by any
ICANN procedure, by this and other registrars or registry
administrator procedures approved by an ICANN-adopted policy, or
by any other TLD registry administrator procedures as the case
may be, (a) to correct mistakes by REGISTRAR, another Registrar
or the Registry administrator in administering the name or (b)
for the resolution of disputes concerning the domain. CLIENT
also agrees that REGISTRAR shall have the right in its sole
discretion to suspend, cancel, transfer or otherwise modify a
domain name registration upon seven calendar days prior written
notice, or at such time as REGISTRAR receives a properly
authenticated order from a court of competent jurisdiction, or
arbitration award, requiring the suspension, cancellation
transfer or modification of the domain name registration.
This Agreement constitutes the entire understanding and contract
between the parties and supersedes any and all prior and
contemporaneous, oral or written representations,
communications, understandings and agreements between the
parties with respect to the subject matter hereof, all of which
representations, communications, understandings and agreements
are hereby canceled to the extent they are not specifically
merged herein. The parties acknowledge and agree that neither of
the parties is entering into this Agreement on the basis of any
representations or promises not expressly contained herein.
This Agreement as well as the Dispute Policy as part of it may
be modified occasionally in order to reflect the dynamic nature
of the Internet as well as the contracts REGISTRAR has with
ICANN and the Registry Administrator. CLIENT will be notified
when and if such modifications happen. The continued use of the
domain name registered shall constitute CLIENT's acceptance of
this Agreement and the Dispute Policy with the new
modifications. If CLIENT does not agree to any of such changes,
he may request that his domain name registration be cancelled or
transferred to a different domain name registrar. CLIENT agrees
that such cancellation or request for transfer will be his
exclusive remedy if he does not wish to abide by any changes to
this Agreement or the Dispute Policy.
Performance of any obligation required of a party there under
may be waived only by a written waiver signed by the other
party, which waiver shall be effective only with respect to the
specific obligation described therein. The waiver by either
party hereto of a breach of any provision of this Agreement by
the other shall not operate or be construed as a waiver of any
subsequent breach of the same provision or any other provision
of this Agreement.
If any provision of this Agreement shall be unlawful, void, or
for any reason, unenforceable, it shall be deemed separable
from, and shall in no way affect the validity or enforceability
of, the remaining provisions of this Agreement, which shall
remain valid and enforceable according to its terms.
Each of the parties to this Agreement represents and warrants
that it has full power to enter into this Agreement and that it
hasn't assigned, encumbered, or in any manner transferred all or
any portion of the claims covered by this Agreement.
of Successors and Assigns.
This Agreement shall be binding upon and inure to the benefit of
each of the parties hereto, and except as otherwise provided
herein, their respective legal successors and permitted assigns.
Except as specifically provided herein, no remedy made available
to either party hereunder is intended to be exclusive of any
other remedy provided hereunder or available at law or in
Partnership or Agency.
Nothing in this Agreement shall be construed as creating a joint
venture, partnership, agency, employment relationship, franchise
relationship or taxable entity between the parties, nor shall
either party have the right, power or authority to create any
obligations or duty, express or implied, on behalf of the other
party hereto, it being understood that the parties are
independent contractors vis-a-vis one another.
Third Party Beneficiaries.
Nothing contained in this Agreement, express or implied, shall
be deemed to confer any rights or remedies upon, nor obligate
any of the parties hereto, to any person or entity other than
such parties, unless so stated to the contrary.
Registrar shall not be deemed to be in default of or to have
breached any provision of this Agreement as a result of any
delay, failure in performance or interruption of the Services,
resulting directly or indirectly from acts of God, acts of civil
or military authority, civil disturbance, war, strikes or other
labor disputes and disturbances, fire, transportation
contingencies, shortages of facilities, fuel, energy, labor or
materials, or laws, regulations, acts or order of any government
agency or official thereof, other catastrophes, or any other
circumstances beyond Registrar's reasonable control. In the
event of any such delay or failure, the parties shall defer
performance of the Services to a date and time mutually
The section headings and captions contained herein are for
reference purposes and convenience only and shall not in any way
affect the meaning or interpretation of this Agreement.
Where the context so requires, the masculine gender shall
include the feminine or neuter, and the singular shall include
the plural and the plural the singular.
The recitals above set forth are incorporated herein by