Effective Date January 15th 2011
This REGISTRANT AGREEMENT (the "Agreement") is entered into, by and between the .SB domain name registrant ("Registrant") and Solomon Telekom Company Limited "Solomon Telekom Company Limited". Additional agreements, if any, may be entered into between the Registrant and accredited registrars relating to domain name services in the .SB TLD provided by such accredited registrars, provided that no such additional agreement may waive, alter, or supersede any provision of this Agreement. If there is any conflict between such additional agreements and this Agreement, this Agreement shall control.
TERMS AND CONDITIONS:
1. By applying to register one or more .SB domain names (the ".SB Domain name(s)") with an accredited registrar in the .SB ccTLD (hereinafter referred to as an "Application") or by using one or more .SB Domain name(s), the Registrant acknowledges that it has read and agrees to be bound by all terms and conditions of this Agreement as well as the following documents, policies, and agreements which are incorporated into this Agreement by this reference and which shall hereinafter (together with this Agreement) be referred to as the "Solomon Telekom Company Limited Policies":
The registration rules
The .SB ccTLD Policies
The Privacy Policy
The Solomon Telekom Company Limited Acceptable Use Policy ("AUP")
The Solomon Telekom Company Limited Complaint Resolution Service rules and policies
Other Solomon Telekom Company Limited rules or policies that are now, or may in the future, be published by Solomon Telekom Company Limited.
The Solomon Telekom Company Limited Policies apply to all domains and sub-level domains which end in the suffix .SB and explain the rights and obligations between Solomon Telekom Company Limited and the Registrant. Those parts of the Solomon Telekom Company Limited Policies, which are not part of the text of this Agreement, are incorporated into this Agreement by this reference. Solomon Telekom Company Limited may accept the Application by facilitating registration and resolution of the .SB Domain name(s); such acceptance shall be deemed to have occurred at the Solomon Telekom Company Limited's principal place of business in Solomon Islands.
Solomon Telekom Company Limited may modify the Solomon Telekom Company Limited Policies from time to time. Solomon Telekom Company Limited shall post (publish on or link to) the Solomon Telekom Company Limited Policies on Solomon Telekom Company Limited's web site. Revised Solomon Telekom Company Limited Policies become effective thirty (30) calendar days after posting. Solomon Telekom Company Limited may inform registrants of changes to Solomon Telekom Company Limited Policies via email and the Registrant agrees that such email shall not be considered spam; however, Solomon Telekom Company Limited shall not be obligated to provide such notice via email. The Registrant's use of the .SB Domain name(s) following the effective date constitutes the Registrant's acceptance of the revised Solomon Telekom Company Limited Policies. In the event that the Registrant does not wish to be bound by the revised Solomon Telekom Company Limited Policies, the Registrant's sole remedy is to cancel the registration of the .SB Domain name(s), following the appropriate Solomon Telekom Company Limited Policies regarding such cancellation.
2. Term and Renewal Term.
The Registrant's exclusive registration of the .SB Domain name shall continue for the term specified in an accepted Application (the "Term"). The Registrant may have the right to renew a registration in accordance with the Solomon Telekom Company Limited Policies in effect at the end of the Registrant's then current Term.
3. Registrant Information.
The Registrant shall ensure that: (i) the information submitted by or on behalf of the Registrant to the .SB ccTLD registry in connection with registration of the .SB Domain name(s) or otherwise ("Registrant Information") will during the Term comply with the Solomon Telekom Company Limited Policies and is and will remain true, current, complete, accurate, and reliable; and (ii) the Registrant shall maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable by notifying Solomon Telekom Company Limited immediately of a change to any such information in accordance with the appropriate Solomon Telekom Company Limited Policy relating to modifications to the Registrant Information. Solomon Telekom Company Limited reserves and may exercise the right to terminate the Registrant's registration of the .SB Domain name if (i) information provided by the Registrant to Solomon Telekom Company Limited is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) the Registrant fails to maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable. The Registrant acknowledges that a breach of this Section will constitute a material breach of this Agreement, which will entitle Solomon Telekom Company Limited to terminate this Agreement immediately upon such breach without any refund of the Registration Fee and without notice to the Registrant.
(i) The Registrant acknowledges that all personal information about the Registrant which is supplied to Solomon Telekom Company Limited or an accredited registrar is held for the benefit of the Solomon Islands and global Internet communities and may be required to be publicly disclosed to third parties and used to maintain a public "WHOIS" service, provided that such disclosure is consistent with the Solomon Telekom Company Limited Policies.
(ii) Registrants must provide the following information to Solomon Telekom Company Limited or its accredited registrar:
- Legally recognized first and last name (surname) of the contact person for the Registrant (this contact person may be the Registrant itself).
- If the Registrant is an organization, association, Limited Liability Company, Proprietary Limited Company, or other legally recognized entity, the contact person must be a person authorized under the applicable law in the applicable territory to legally bind the entity.
- Valid postal address of the Registrant.
- Functioning e-mail address of the Registrant.
- Working telephone number for the Registrant, including country code, area code, and proper extension, if applicable.
Providing true, current, complete, and accurate contact information is an absolute condition of registration of a .SB Domain name within the .SB ccTLD. If any Registrant Information provided during registration or subsequent modification to that information is false, inaccurate or misleading, or conceals or omits pertinent information, Solomon Telekom Company Limited may instruct the registry to terminate, suspend or place on hold the .SB Domain name(s) of any Registrant without notification and without refund to the Registrant; and
(iii) The Registrant is responsible for keeping the Registrant Information up to date and responding in a timely fashion to communications regarding the .SB Domain name or other .SB domains registered by them.
(iv) The Registrant may be requested to submit content, material, web page(s) or URL(s) accessed through the Solomon Telekom Company Limited network to the manufactures of Internet content filters listed on the Solomon Telekom Company Limited website www.cocca.org.nz, and such request shall be a binding obligation.
4. Agents.
The Registrant understands, acknowledges and agrees that by using the .SB Domain name, the Registrant ratifies and is bound by this Agreement (including the Solomon Telekom Company Limited Policies incorporated into this Agreement) even if an agent (such as an Internet Service Provider, Domain name retailer, or employee) entered into this Agreement on the Registrant's behalf, and even if the Registrant has not itself read this Agreement. Further, the Registrant is responsible for all information submitted by its agent. Solomon Telekom Company Limited will not cancel this Agreement, or refund any fees, because of any errors or omissions by the agent in the registration process or thereafter (e.g. if such agent provides incorrect Registrant Information), as such apparent authority will suffice to bind the Registrant. By acting on the Registrant's behalf, such agent represents and warrants to the Registrant and Solomon Telekom Company Limited that the agent is authorised to bind the Registrant hereto and that it has fully and thoroughly advised the Registrant of the terms and conditions of this Agreement (including the Solomon Telekom Company Limited Policies incorporated into this Agreement).
5. Scope of Registration.
On payment of the Registration Fee to the registrar and after payment by the registrar to the Solomon Telekom Company Limited of the separate registration fee and after acceptance of the Application, the Registrant will be entitled to a licence for the exclusive use of the domain name resolution services relating to the .SB Domain name for the Term. However, the Registrant shall not use, display, exploit, or register a .SB Domain name in any manner which may constitute illegal activity or be in contravention or violation of Solomon Telekom Company Limited Policies. The Registrant acknowledges that a breach of this Section will constitute a material breach of this Agreement, which will entitle Solomon Telekom Company Limited to terminate this Agreement immediately upon such breach without any refund of the Registration Fee. The Solomon Telekom Company Limited or an accredited registrar may, in such party's sole discretion, refuse registration of or discontinue to provide services with respect to the Registrant's desired .SB Domain name within thirty (30) calendar days from receipt of payment of the Registration Fee by the accredited registrar. In case of such refusal without cause ("cause" being defined as dishonouring any payment made to an accredited registrar and/or Solomon Telekom Company Limited or any violation of the Solomon Telekom Company Limited Policies), Solomon Telekom Company Limited shall refund to the accredited registrar the separate registration fee received by the Solomon Telekom Company Limited and the registrar shall refund to the Registrant the Registration Fee. Neither Solomon Telekom Company Limited nor an accredited registrar shall be liable for any loss, damage, or other injury whatsoever resulting from Solomon Telekom Company Limited or registrar's refusal to register or to discontinue services in relation to the Registrant's desired .SB Domain name.
6. Registrant Representations and Warranties.
The Registrant represents, warrants, and guarantees that:
(i) the Registrant understands that registration entitles the Registrant only to a licence for the use of the domain name resolution services relating to the .SB Domain name for the Term and that use of such services is subject to this Agreement (including the Solomon Telekom Company Limited Policies) and other pertinent rules and laws, including those concerning trade marks and other types of intellectual property, as these may now exist or be revised from time to time;
(ii) tthe best of the Registrant's knowledge and belief, neither the registration of the .SB Domain name nor the manner in which it is to be directly or indirectly used infringes the legal rights or intellectual property rights of a third party;
(iii) theRegistrant will use, display, or exploit the .SB Domain name in good faith, and in accordance with the laws of Solomon Islands, international law, and applicable state laws and regulations, and will not use the .SB Domain name in any way which may violate a subsisting right of Solomon Telekom Company Limited or any third party;
(iv) the information provided by the Registrant is true and accurate, and the Registrant will update said information immediately if it changes;
(v) the Registrant is either (a) an identifiable human individual (over the age of 18 years); or (b) a legally recognized statutory entity (such as a Limited Liability Company, Partnership, Association, Society or Proprietary Limited Company);
(vi) the Registrant will promptly notify Solomon Telekom Company Limited of any actual or threatened proceedings brought in respect of the words used as or incorporated in the .SB Domain name whether by or against the Registrant;
(vii) the Registrant will not, directly or indirectly, through registration or use of the .SB Domain name or otherwise:
(a) register a .SB Domain name for the purpose of diverting trade from another business or website;
(b) deliberately register as a .SB Domain name misspellings of another entity's personal, company or brand name in order to pass-off or trade on the business, goodwill or reputation of another;
(c) grant or purport to grant a security interest or other encumbrance on or over the .SB Domain name unless such security interest or other encumbrance does not exceed the limited rights of the Registrant in the .SB Domain name, does not impair the Registrant's ability to fulfil the Registrant's obligations under this Agreement, and does not impose obligations on the Solomon Telekom Company Limited beyond the obligations owed by the Solomon Telekom Company Limited to a registrant in the absence of such a security interest or encumbrance;
(viii) the Registrant meets and will continue to meet for the whole of the Term any eligibility criteria prescribed in the Solomon Telekom Company Limited Policies for registering and using the .SB Domain name;
(ix) that the Registrant will maintain the Registrant Information provided pursuant to Section according to the requirements of Section;
(x) the Registrant has not previously submitted an application for registration of a domain name for the same character string with another registrar where:
(a) the Registrant is relying on the same eligibility criteria for both domain name applications; and
(b) the character string has previously been rejected by the other registrar;
(xi) any content, material or web page contained on any Uniform Resource Locator ("URL"), web site or web page accessing, utilising or accessed by means of the .SB Domain name complies with the Solomon Telekom Company Limited Acceptable Use Policy and does not constitute or contain any illegal or prohibited content, including, but not limited to indecent, obscene, or pornographic material (as described more fully in the Solomon Telekom Company Limited Acceptable Use Policy), whether incorporated directly into or linked from a web site resolved via a .SB Domain name;
(xii) the use of the .SB Domain name and of any web page or URL accessed by or utilising the .SB Domain name will comply with the requirements of the Solomon Telekom Company Limited Acceptable Use Policy and Solomon Telekom Company Limited recommended policies including, without limitation, those policies relating to spam.
7. Solomon Telekom Company Limited Representations and Warranties.
Solomon Telekom Company Limited represents, warrants, and guarantees that:
(i) Solomon Telekom Company Limited manages the .SB top level domain name in trust for the Solomon Islands Community;
(ii) Solomon Telekom Company Limited has the full right, power, legal capacity, ability, and authority to enter into this Agreement, and to carry out the terms and conditions hereof notwithstanding the disclaimer below;
(iii) Solomon Telekom Company Limited will process the Registrant's Application and consider whether to accept or reject it in accordance with the criteria laid down in this Agreement (including the Solomon Telekom Company Limited Policies);
(iv) Solomon Telekom Company Limited will, if the Application is successful, use its reasonable endeavours to ensure that the details supplied by the Registrant are entered into and maintained in the .SB zone file; and
Solomon Telekom Company Limited's breach or misrepresentation of these warranties shall constitute a material breach of this Agreement. In the event of such material breach by Solomon Telekom Company Limited, the Registrant's only recourse against Solomon Telekom Company Limited shall be to terminate its Agreement with Solomon Telekom Company Limited. Solomon Telekom Company Limited EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE MAXIMUM EXTENT POSSIBLE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND AGAINST INFRINGEMENT. Solomon Telekom Company Limited DOES NOT GUARANTEE ANY INFORMATION PROVIDED TO THE REGISTRANT BY IT OR ITS AGENTS NOT INCORPORATED INTO THIS AGREEMENT AND, ACCORDINGLY, NO SUCH INFORMATION CREATES ANY EXPRESS OR IMPLIED WARRANTY. Solomon Telekom Company Limited's SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE REGISTRANT AGREES THAT Solomon Telekom Company Limited WILL REGISTER DOMAIN NAMES ON A FIRST COME, FIRST SERVED BASIS. Solomon Telekom Company Limited DOES NOT GUARANTEE THAT ANY DOMAIN APPLIED FOR BY THE REGISTRANT WILL BE AVAILABLE OR WILL BE SUCCESSFULLY REGISTERED, AND THE REGISTRANT AGREES THAT IT DOES NOT HAVE ANY RIGHT OF OWNERSHIP IN A REGISTERED DOMAIN.
8. Breach.
Failure of a Registrant to abide by any provision of this Agreement (including the Solomon Telekom Company Limited Policies) may be considered a material breach. In the event of such material breach, Solomon Telekom Company Limited may provide a written (including email) notice to the Registrant describing the breach. The Registrant in such event then has thirty (30) days to rectify or cure such breach or to provide evidence reasonably satisfactory to Solomon Telekom Company Limited that there is no breach of this Agreement or Solomon Telekom Company Limited Policies. In the event of a breach that is not rectified, cured or refuted by the Registrant to Solomon Telekom Company Limited's satisfaction, Solomon Telekom Company Limited may cancel the Registrant's registration of and licence to use the .SB Domain name without refund and without further notice, and pursue any and all legal remedies it may have against the Registrant. Any such breach by the Registrant shall not be deemed excused in the event that Solomon Telekom Company Limited did not act earlier in response to the breach by Registrant. In the event of a breach which, in the opinion of the Solomon Telekom Company Limited or an accredited registrar, causes immediate harm to the public interest or the Solomon Telekom Company Limited Network or which violates any applicable law or regulation, then an accredited registrar and/or the Solomon Telekom Company Limited may modify, suspend, or terminate services to the Registrant without written notice, the modification, suspension, or termination of services constituting notice to Registrant that such a breach has occurred. See Section below for important limitations on the liability of Solomon Telekom Company Limited and accredited registrars with regard to good faith acts by such parties under this Section.
9. Disputes Involving Registrants.
The Registrant acknowledges that Solomon Telekom Company Limited cannot, and does not, screen or otherwise review any Application to verify that the Registrant has legal rights to use a particular character string as or in a .SB Domain name. In the event that any party disputes the Registrant's legal right to use, display, exploit, or register the .SB Domain name in any fashion, including allegations that prohibited material (as defined in the Solomon Telekom Company Limited Acceptable Use Policy) is displayed on or linked to from a website which is resolved via a .SB Domain name, Solomon Telekom Company Limited and the Registrant shall act in accordance with and agree to be bound by Solomon Telekom Company Limited's Complaint Resolution Policy and Service. The Registrant is strongly encouraged to, prior to applying for registration of the .SB Domain name, perform a trade mark search with respect to the acronyms, words and/or phrases comprising the .SB Domain name. The Registrant will be solely liable in the event that the Registrant's use of a .SB Domain name constitutes an infringement or other violation of a third party's rights.
10. Indemnity.
The Registrant shall defend, indemnify, and hold harmless Solomon Telekom Company Limited, the registry operator, accredited registrars and such parties' officers, directors, shareholders, owners, managers, employees, agents, contractors, affiliates, lawyers and attorneys ("Solomon Telekom Company Limited Related Parties") from and against any and all claims of third parties or made by the Registrant, including, but not limited to all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable lawyers or attorneys' fees (which lawyers or attorneys shall be hired at the sole discretion of the indemnified party) and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Agreement, the registration or use of the indemnified party's domain registration or other services, or to the .SB Domain name itself, including the Registrant's use, display, exploitation, or registration of the .SB Domain name, as well as for any infringing or otherwise damaging content displayed or otherwise made available on or by means of the .SB Domain name. If an indemnified party is threatened by claims or suit of a third party, the indemnified party may seek written assurances from the Registrant concerning the Registrant's indemnification obligations. Failure to provide such written assurances is a material breach of this Agreement. Failure of the Registrant to fully indemnify the indemnified party in a timely manner may result in termination, suspension, or modification of the domain name registration services and any such termination, suspension, or modification shall in no way prejudice or substitute for an indemnified party's right to seek indemnification by way of litigation or otherwise.
11. DISCLAIMER AND LIMITATION OF LIABILITY.
The Registrant acknowledges and agrees that, to the maximum extent possible, Solomon Telekom Company Limited AND THE Solomon Telekom Company Limited RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER WAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, Solomon Telekom Company Limited AND Solomon Telekom Company Limited RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR SERVICES RELATED TO THE DOMAIN NAME.
IN THE EVENT THAT Solomon Telekom Company Limited OR A Solomon Telekom Company Limited RELATED PARTY TAKES ACTION WITH RESPECT TO A .SB DOMAIN NAME PURSUANT TO SECTION, WHICH ACTION IS REVERSED, MODIFIED, OR ACKNOWLEDGED TO HAVE BEEN INCORRECT BY Solomon Telekom Company Limited, A Solomon Telekom Company Limited RELATED PARTY, BY OR THROUGH THE Solomon Telekom Company Limited COMPLAINT RESOLUTION SERVICE, OR BY A COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY, THAT Solomon Telekom Company Limited AND Solomon Telekom Company Limited RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER THEREBY, EVEN IF Solomon Telekom Company Limited OR Solomon Telekom Company Limited RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF Solomon Telekom Company Limited OR Solomon Telekom Company Limited RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT.
IN ADDITION, Solomon Telekom Company Limited AND Solomon Telekom Company Limited RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE .SB TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF Solomon Telekom Company Limited OR Solomon Telekom Company Limited RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF Solomon Telekom Company Limited OR Solomon Telekom Company Limited RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR Solomon Telekom Company Limited OR Solomon Telekom Company Limited RELATED PARTIES' BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF Solomon Telekom Company Limited OR Solomon Telekom Company Limited RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO Solomon Telekom Company Limited OR Solomon Telekom Company Limited RELATED PARTIES BY THE REGISTRANT.
12. Notices.
Notices to Solomon Telekom Company Limited shall be delivered by registered or certified mail, postage prepaid, or reputable commercial courier service (e.g., Express Mail or Federal Express) in the manner of quickest delivery (i.e., overnight delivery, if possible) to:
Solomon Telekom Company Limited
Telekom Haus
Mendana Avenue
Honiara
Solomon Islands
lee.humphries@telekom.com.sb
Phone Number
+677 38561
Fax Number
+677 20195
Notices mailed by registered or certified official mail of a country shall be deemed delivered on receipt.
Notices to Registrant shall be delivered by registered or certified mail, postage prepaid, or reputable commercial courier service (e.g., Express Mail or Federal Ex press) in the manner of quickest delivery (i.e., overnight delivery, if possible) or, in the sole discretion of the Solomon Telekom Company Limited or a Solomon Telekom Company Limited Related Party, by email or fax to the Registrant Information.
13. Governing Law / Forum Selection.
For all disputes in which the Solomon Telekom Company Limited may be or is a party to the dispute, this Registrant Agreement shall be exclusively governed by the laws of Solomon Islands applicable to contracts made and performed in Solomon Islands, without regard to conflict of laws principles. The Registrant hereby consents to the exclusive personal jurisdiction of the courts of Solomon Islands, for any and all claims or disputes directed against the Solomon Telekom Company Limited and which arise out of, purport to enforce, construe, or otherwise relate to the .SB Domain name, this Agreement, or Solomon Telekom Company Limited Policies. The exclusive venue for such action shall be the Courts of Solomon Islands. The Registrant waives any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and the Registrant waives any statutory or other right pursuant to the laws of the jurisdiction in which Registrant resides to have a case relating to this Agreement adjudicated or resolved in that jurisdiction. By way of information and not as a term binding against the Solomon Telekom Company Limited, disputes not involving the Solomon Telekom Company Limited as a party may be governed by a governing law and/or forum selection clause contained in a separate agreement, if any, between the Registrant and such other disputant (for example, disputes between and accredited registrar and a Registrant may be governed by a separate agreement, if any, between the Registrant and the accredited registrar); provided, however, that no such separate agreement may modify or waive either Solomon Telekom Company Limited's or Registrant's consent to exclusive choice of law, jurisdiction, and venue in Solomon Islands and the courts of Solomon Islands for disputes in which the Solomon Telekom Company Limited is or may be a party, as described above.
14. OWNERSHIP OF INFORMATION AND DATA.
Registrant agrees and acknowledges that Solomon Telekom Company Limited and/or any Solomon Telekom Company Limited delegee shall own all database, compilation, collective and similar rights, title and interests worldwide in any domain name database(s), and all information and derivative works generated from the domain name database(s) and that such domain name database may include, without limitation, (a) the original creation date of domain name registration(s), (b) the expiration date of domain name registration(s), (c) the name, postal address, e-mail address, voice telephone number, and, when available, fax number of all contacts for domain name registration(s), (d) any remarks concerning registered domain name(s) that appear or should appear in the WHOIS or similar information repositories, and (e) any other information generated or obtained in connection with providing domain name registration services. Solomon Telekom Company Limited and/or any Solomon Telekom Company Limited delegee shall not have any ownership interest in a single Registrant's specific Registration Information outside of Solomon Telekom Company Limited and/or any Solomon Telekom Company Limited delegee's rights in one or more domain name database(s).
15. Severability.
If any provision of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall not be affected thereby and shall continue in full force and effect as nearly as possible to reflect the original intention of Solomon Telekom Company Limited and the Registrant in executing this Agreement.
16. No Waiver.
The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party.
17. Full Integration.
This Agreement, together with the Solomon Telekom Company Limited Policies expressly incorporated herein by reference, constitutes the entire agreement between the Registrant and Solomon Telekom Company Limited relating to the .SB Domain name. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this Agreement, and this Agreement supersedes all prior written, oral, or electronic agreements between the Registrant and Solomon Telekom Company Limited relating to the .SB Domain name. Additional agreements, if any, may be entered into between the Registrant and accredited registrars relating to domain name services in the .SB TLD provided by such accredited registrars, provided that no such additional agreement may waive, alter, or supersede any provision of this Agreement nor may such an additional agreement impose any obligation upon Solomon Telekom Company Limited without Solomon Telekom Company Limited's express written consent. If there is any conflict between such additional agreements and this Agreement, this Agreement shall control.
18. Written Agreement.
This Agreement constitutes a written agreement between Registrant and Solomon Telekom Company Limited even though the Registrant's Application may be dispatched electronically, and even though Solomon Telekom Company Limited may accept the Application electronically. A printed version of this Agreement, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
19. Assignment.
The parties agree that Solomon Telekom Company Limited is able to assign this Agreement to a third party without prior written notice to the Registrant.
20. Survival of Obligations.
The parties agree that clauses 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 shall survive the expiry or termination of this Agreement.
THIS AGREEMENT IS EFFECTIVE AND BINDING as of the date of acceptance hereof by Solomon Telekom Company Limited (i.e., the date of registration of the .SB Domain name).