1. INTRODUCTION.
In this Service Agreement ("Agreement"), "we",
"us" and "our" refer to CNI s.a., BI Top Level
Domain Sponsoring Organization having its headquarters
at 157
Chee P L Rwagasore, BP 2270 Bujumbura, Burundi, and
"you"
and "your" refer to any person for whom we maintain
the .BI Domain name registration record ("Registrant"). This Agreement explains our obligations
to you,
and your obligations to us in relation to our .BI Domain
registration
service. If you have submitted an application for .BI
Domain name
registration services, any acceptance of your
application and
the performance of our services will occur at our
offices in Bujumbura,
Burundi. If your .BI Domain name registration for
a particular
domain name previously were provided under arrangement
with a
previous registry, your continued registration of that
domain
name and the use of our .BI Domain name registration
services
constitutes your assent to the terms of this Agreement. If you submitted an application for our
.BI Domain
name registration services, the Effective Date of this
Agreement
shall be the date of our acceptance of your application.
If you previously received .BI Domain name registration
services
from a previous registry, the Effective Date of this
Agreement
is September 1, 2002.2. TERM.
The term of this Agreement is from the Effective Date to
the date
on which CNI has no further obligation to render .BI Top
Level
Domain ("TLD") administration services under any
agreement
with the Internet Corporation for Assigned Names and
Numbers(ICANN)
or entity that has authority over this matter, or until
earlier
terminated pursuant to Section 18 hereof (the "Initial
Term").3. You are responsible for knowing and
agree to
abide by the requirements for naming structure,
registration and
database information specified in our published
guidelines presently
at: http://www.nic.bi/policy.asp which may be amended
from time
to time. 4. NAME SERVERS.
You agree to maintain two operational name servers for
the specified
domain name. In addition, the two name servers should be
on separate
networks.5. ZONE TRANSFERS.
You or your Internet Service Provider authorizes us to
perform
.BI zone transfers through your servers. You or your
Internet
Service Provider are required to take all steps
necessary to enable
the listed
hosts:NS.NIC.BI
DNS.RIPE.NET
DNS.PRINCETON.EDU
SUNIC.SUNET.SE
do zone transfers.6. ACCURATE INFORMATION.
As further consideration for the CNI service(s), you
agree to: (i). provide certain current, complete
and accurate
information about you as required by the application
process;
and
(ii). maintain and update this information as needed to
keep it
current, complete and accurate. We rely on this
information to
send you important information and notices regarding
your domain
name registration. We will not process the personal data
that we
collect from you in a way incompatible with the purposes
required
for domain registration. You represent and warrant that
you have
provided notice to, and obtained consent from, any third
party
individuals whose personal data you supply to us as part
of our
services with regard to:
(i) the purposes for which such third party's personal
data has
been collected,
(ii) the intended recipients or categories of recipients
of the
third party's personal data,
(iii) which parts of the third party's data are
obligatory and
which parts, if any, are voluntary; and
(iv) how the third party can access and, if necessary,
rectify
the data held about him. You further agree to provide
such notice
and obtain such consent with regard to any third party
personal
data you supply to us in the future. We are not
responsible for
any consequences resulting from your failure to provide
notice
or receive consent from such individuals nor for your
providing
outdated, incomplete or inaccurate information. Even if
you intend
to use our domain name registration services for the
benefit of
a third party, you will remain our registrant and you
are responsible
for complying with all terms and conditions of this
Agreement. Subject to the requirements by Burundi
law, in
order for us to comply with the current rules and
policies for
the domain name system, you hereby grant to CNI the
right to disclose
to third parties through an interactive publicly
accessible registration
database the registration information that you provide
when registering
a domain name, including: (i) the domain name(s)
registered by
you; (ii) your name and postal address; (iii) the
name(s), postal
address(es), e-mail address(es), voice telephone number
and, where
available, the fax number(s) of the technical and
administrative
contacts for your domain name(s); (iv) the Internet
protocol numbers
of the primary name server and secondary nameserver(s)
for such
domain name(s); (v) the corresponding names of those
nameservers.7. MODIFICATIONS TO AGREEMENT. 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 any part of the
services provided
under this Agreement at any time. We will attempt to
post any
such modification on the BI Registry Web site at least
thirty
(30) calendar days before it becomes effective. Any such
revision
or change will be binding and effective upon the date
specified.
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 e-mail to:
registrar@nic.bi
or post office mail addressed as follows, CNI s.a.
157 chee P L Rwagasore
BP 2270 Bujumbura
Burundi.Notice of your termination will be
effective on
receipt by us. 8. By continuing to use CNI 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. No customer
service employee, contractor, agent or representative of
CNI is
authorized to alter or amend the terms and conditions of
this
Agreement.9. DOMAIN NAME DISPUTES.
If you registered a domain name through us, you agree to
be bound
by other third party domain name dispute policy that is
incorporated
herein and made a part of this Agreement by reference.
The current
version of the dispute policy may be found at:
http://www.icann.org/udrpPlease take the time to familiarize
yourself with
that policy. At the present time, we do not have a
separate domain
name dispute resolution policy. Further, you agree that in the event a
domain
name dispute arises with any third party, you will
indemnify and
hold us harmless pursuant to the terms and conditions
set forth
in this Agreement to the extent not prohibited by law.
If you
or we are notified that a complaint has been filed with a
judicial
or administrative body regarding your use of our domain
name registration
services, you agree not to make any changes to your
domain name
record without our prior approval. We may prevent
changes to such
domain name record until (i) we are directed to do so by the
judicial or
administrative body, or
(ii) we receive notification by you and the other party
contesting
your registration and use of our domain name
registration services
that the dispute has been settled. Furthermore, you
agree that
if you are subject to litigation, arbitration or
administrative
proceeding regarding your registration and use of our
domain name
registration services, we may deposit control of your
domain name
record into the registry of the judicial, arbitration or
administrative
body by supplying a party with a registrar certificate
from us.
In the event such control is deposited with the
judicial, arbitration
or administrative body, you may not be able to either
(i) make changes to your domain name record, and/or
(ii) use your domain name during the pendancy of the
dispute.
We will abide by the outcome of the judicial,
arbitration or administrative
proceeding upon receipt of a final order or award.10. AGENTS.
You agree that, if your agent (e.g., an Internet Service
Provider,
employee, etc.) purchased our service(s) on your behalf,
you are
nonetheless bound as a principal by all terms and
conditions herein.
Your continued use of our services shall ratify any
unauthorized
actions of your agent. By acting on your behalf, your
agent certifies
that he or she is authorized to apply for our services
on your
behalf, that he or she is authorized to bind you to the
terms
and conditions of this Agreement and that he or she has
apprised
you of the terms and conditions of this Agreement. In
addition,
you are responsible for any errors made by your agent.11. NOTICES AND ANNOUNCEMENTS.
You authorize us to notify you, as our registrant, of
information
that we deem is of potential interest to you. Notices
and announcements
may include e-mails sent to the administrative and
technical contacts,
and other notices describing changes, upgrades, new
products and
services or other information pertaining to Internet
security
or to enhance your identity on the Internet and/or other
relevant
matters.12. LIMITATION OF LIABILITY.
You agree that our entire liability, and your exclusive
remedy,
with respect to any CNI service(s) provided under this
Agreement
and/or for any breach of this Agreement and assigns is
solely
limited to the amount of $100.00 USD. CNI, its
employees, agents,
contractors, officers, directors, shareholders, and
affiliates,
shall not be liable for any direct, indirect,
incidental, special
or consequential damages resulting from the use or
inability to
use any of the CNIservices or for the cost of
procurement of substitute
services. Some states do not allow the exclusion or
limitation
of liability for consequential or incidental damages; in
such
states, our liability is limited to the extent permitted
by law.
We disclaim any and all loss or liability resulting
from, but
not limited to: (1) loss or liability resulting from
access delays
or access interruptions;
(2) loss or liability resulting from data non-delivery
or data
mis-delivery;
(3) loss or liability resulting from acts of God;
(4) loss or liability resulting from errors, omissions,
or misstatements
in any and all information or service(s) provided under
this Agreement;
(5) loss or liability that you may incur in connection
with our
processing of your application for our services, our
processing
of any authorized modification to your domain name
record; or
(6) loss or liability as a result of the application of
our dispute
procedures described in Section 9, DOMAIN NAME DISPUTES.
13. INDEMNITY.
To the extent not prohibited by law, you agree to
release, indemnify,
and hold CNI, and its contractors, agents, employees,
officers,
directors, shareholders, affiliates and assigns harmless
from
all liabilities, claims, damages, costs and expenses,
including
reasonable attorneys' fees and expenses, of third
parties relating
to or arising under this Agreement, the CNI services
provided
hereunder or your use of the CNI services, including
without limitation
infringement or dilution by you, or someone else using
our service(s)
from your computer, of any intellectual property or
other proprietary
right of any person or entity, or a violation of any of
our operating
rules or policies relating to the service(s) provided.
When we
are threatened with suit, or sued by a third party, we
may seek
written assurances from you concerning your promise to
indemnify
us; your failure to provide those assurances may be
considered
by us to be a material breach of this Agreement.14. BREACH.
You agree that your failure to abide by any provision of
this
Agreement, any CNI operating rule or policy, or your
willful provision
of inaccurate or unreliable information as part of the
application
process, or your failure to update your information to
keep it
current, complete or accurate, or your failure to
respond for
over fifteen (15) calendar days to inquiries from us
regarding
your domain name registration may be considered by us to
be a
material breach and that we may provide a written
notice, describing
the breach, to you. If within ten (10) calendar days of
the date
of such notice, you fail to provide evidence, which is
reasonably
satisfactory to us, that you have not breached your
obligations
under the Agreement, then we may delete the registration
or reservation
of your domain name and/or terminate the other CNI
service(s)
you are using without further notice. Any such breach by
you shall
not be deemed to be excused simply because we did not
act earlier
in response to that, or any other breach, by you.15. NO GUARANTY.
You agree that, by registration of your chosen domain
name, such
registration does not confer immunity from objection to
either
the registration or use of your domain name.16. REPRESENTATIONS AND WARRANTIES.
You agree and warrant that: (i) the information that you
or your
agent on your behalf provide to us during the
application process
to register your domain name or to apply for other
CNIservice(s)
is, to the best of your knowledge and belief, accurate
and complete,
and that any future changes to this information will be
provided
to us in a timely manner according to the modification
procedures
in place at that time, (ii) to the best of your
knowledge and
belief neither the registration of your domain name nor
the manner
in which you intend to use such domain name directly or
indirectly
infringes the legal rights of a third party, (iii) you
have all
requisite power and authority to execute this Agreement
and to
perform your obligations hereunder, and (iv) you are of
legal
age to enter into this Agreement. You agree that your
use of our
service(s) is solely at your own risk. You agree that
all of our
services are provided on an "as is" and "as available"
basis.
17. DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM ALL
WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT
OUR SERVICE(S)
WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL
BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY
WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE(S)
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED
THROUGH OUR .BI DOMAIN NAME REGISTRATION SERVICE.18. TERMINATION.
We may terminate this Agreement at any time for any
reason by
giving you 15 days prior notice. You agree that we may
terminate
this Agreement if the information that you are obligated
to provide
to register your domain name or register for other CNI
service(s),
or that you subsequently modify, contains false or
misleading
information, or conceals or omits any information we
would consider
material to our decision to register your domain name or
to continue
to provide you with domain name registration services.
Furthermore,
you agree that we may suspend, cancel or transfer your
domain
name registration services in order to: (i) correct
mistakes made
by us, a delegated domain manager, or the registry in
registering
your chosen domain name, (ii) resolve a dispute under
Section
9, DOMAIN NAME DISPUTES, (iii) enforce the guidelines of
the .BI
Domain Registry, or (iv) in the event a successor .BI
Domain Registry
is chosen. 19. NO THIRD-PARTY BENEFICIARIES.
This Agreement shall not be construed to create any
obligation
by CNI to any non-party to this Agreement.20. RIGHT OF REFUSAL.
We, in our sole discretion, reserve the right to refuse
to register
your chosen domain name. You agree that we shall not be
liable
to you for loss or damages that may result from our
refusal to
register your domain name.21. SEVERABILITY.
You agree that the terms of this Agreement are
severable. If any
term or provision is declared invalid or unenforceable,
that term
or provision will be construed consistent with
applicable law
as nearly as possible to reflect the original intentions
of the
parties, and the remaining terms and provisions will
remain in
full force and effect.22. ENTIRETY. You agree that this
Agreement, the
domain name application, the rules and policies
published by us,
and the privacy statement is the complete and exclusive
agreement
between you and us regarding our services. This
Agreement, our
rules and policies, the dispute policy and the privacy
statement
supersede all prior agreements and understandings,
whether established
by custom, practice, policy or precedent.23. GOVERNING LAW.
To the extent not prohibited by law, you agree that this
Agreement
and any disputes hereunder shall be governed in all
respects by
and construed in accordance with the laws of the
Republic of Burundi,
excluding its conflict of laws rules. Except for
disputes concerning
or arising from your use of a domain name registered
with us,
you and we each submit to exclusive subject matter
jurisdiction,
and personal jurisdiction. 24. AGREEMENT TO BE BOUND.
By applying for and registering a domain name as part of
our application
process or by using the service(s) provided by CNI under
this
Agreement, you acknowledge that you have read and agree
to be
bound by all terms and conditions of this Agreement and
any pertinent
rules or policies that are or may be published by CNI.
REGISTRANT : ----------------------
Signature : ----------------------------
Print Name :---------------------------
Title :----------------------------------
Date :----------------------------------