Terms & Conditions
McReal Online Networks Systems Limited through her
NairaDomains.com provides domain
as well as other ancillary services to many customers, and accordingly has a responsibility to protect each
customer and to provide the best services available.
This Registration Agreement therefore sets forth the terms and conditions
under which these services are provided.
"ICANN" means the Internet Corporation for Assigned
Names and Numbers.
NairaDomains.com" represents the domain name
management arm of McReal Online Networks Systems Limited.
"Purchasers" means an entity authorized by
which selects and registers TLD domain names for self and on behalf of third parties
on NairaDomains.com real-time registration system.
"Registrant" means the applicant for, and on registration
the holder of a TLD domain;
"Customer" means the registrant for whom Purchaser
accesses as the agent for the domain name;
"Domain Name Account" or "Account" means the credit or debit account established
NairaDomains.com for Purchasers;
"TLD" means the Top Level Domain;
"SLDb" means the Second Level Domain;
Before becoming a Purchaser, and
registering domain names, you must acknowledge that
you have read, understood, and have expressed your
consent to be bound by all the terms and conditions
of this agreement, any rules or policies of
and / or ICANN that may be established from time
This agreement sets forth the terms and
conditions agreed to between you, the Purchaser,
listed above, and
This agreement as well as any additional rules and
policies which may be added, constitute the complete
and exclusive agreement between you and NairaDomains.com
concerning your use of the NairaDomains.com's services,
and supersedes all prior proposals, agreements,
or other communications.
Pricing & Prepayments
NairaDomains.com can choose
to redirect a
domain name to any IP Address including, without limitation, to an IP address which
hosts a parking page or a commercial search engine for any purpose,
if a Domain has expired, or is suspended, or does not contain valid Name Servers to
direct it to any destination. Registrant acknowledges that NairaDomains.com cannot and do
not check to see whether such a redirection, infringes any legal rights including but
not limited to intellectual property rights, privacy rights, trademark rights, of Registrant or
any third party, or that the content displayed due to such redirection is inappropriate, or in violation
of any federal, state or local rule, regulation or law, or injurious to Registrant or any
third party or their reputation and as such is not responsible for any damages caused
directly or indirectly as a result of such redirection.
NairaDomains.com does not charge a membership fee to purchasers.
To begin registering domains, NairaDomains.com members are
required to prepay for a minimum of 1 generic top
level domains for the single purchase plan or a minimum of 5 generic top level domains for the
bulk purchase program. This prepayment may be subsequently
used for any NairaDomains.com service (such as TLD
domain registrations or value added services). Purchasers
who prepay the minimum amount receive Bronze level
pricing. Members may immediately secure lower prices
(Silver, Gold, and Platinum levels) by making larger
prepayments, or by purchasing an equal amount (in
total Nigerian Naira) of domain services over time. Specific
details of the NairaDomains.com pricing policy (including
actual prices) are available online at the following
NairaDomains.com reserves the right to change its pricing
policy at any time by updating this online document.
If you decide you would like to discontinue your relationship
with Quick response
NairaDomains.com as a purchaser, we will refund any unused
funds in your account, minus a N2,500 processing fee. This fee is not
payable within the first 30 days of signing up, to support our 30-Day Money-Back Guarantee.
For the calculation of the refund, there will be an adjustment if the number
of domain names you registered is less than the minimum
number at the level you joined at, or upgraded to.
For example, if you originally prepaid N150,000 for 120
.com, .net, & .org domains (Platinum level), but
decide to close your account after registering just
10 domains (Bronze level), you will be charged N2,000
per domain name (the Bronze price) instead of N1,250
a domain name (the Platinum price). You will therefore
be refunded as follows: N150,000 - N2,500 - N20,000 (10 x
N2,000) = N127,500 total refund. If you wish to close
your account, please e-mail us at firstname.lastname@example.org.
Refunds take 4 to 6 weeks to process.
We will try our best to resolve any problems about
business or technology at an earliest time. Purchasers
agree to provide technical support to its own customers
NairaDomains.com agrees to provide technical support
Modification and notices
This Member Agreement as well as our services are
subject to change from time to time.
post such changes to this website. Purchasers are therefore expected to visit this page
and keep themselves abreast of changes all the time.
As consideration for the No Guarantee of Registration
NairaDomains.com's domain name registration,
administration, and renewal services, you agree to
pay all initial registration fees and applicable renewal
fees with respect to each domain name registered at the time
of registration or renewal. All
fees are non-refundable, in whole or in part, even
if your domain name registration is suspended, canceled,
or transferred prior to the end of your then current
registration term. We also reserve the right to change
domain name registration and renewal fees at any time
for any reason at our sole discretion. If you do not
pay any initial fees or renewal fees when due or in the
event of any charge back of
any payment at any time, we will have the right to
immediately cancel all TLD names for which payment
was not received, without further notice. In the case
of renewals, we will notify the billing contact on
the WHOIS directory with respect to the TLD name eligible
for renewal, and it shall be your responsibility to
ensure that all such fees are paid prior to the expiration
of the term of registration of each TLD name you wish
to renew. You agree that we shall have no liability
whatsoever with respect to any such cancellation.
By signing this agreement, you agree that
cannot guarantee you will be able to register or renew
any specific domain name, even if your inquiry indicates
that domain name is available. Even if a domain name
appears to be available, you acknowledge that NairaDomains.com
cannot know with certainty whether or not another
party is simultaneously seeking the domain name you
are seeking to register, or whether there are any
inaccuracies or errors in the domain name registration
or renewal process or in the WHOis and other databases.
You also agree that NairaDomains.com may elect to accept
or reject your application for registration or renewal
for any reason at its sole discretion. Such rejection
may include, but is not limited to, rejection due
to a request for registration or renewal of a prohibited
domain name. You also agree that NairaDomains.com is not
liable or responsible in any way for any omissions,
errors or any other actions by any registry administrator
arising out of or related to your application for
and registration of, renewal of, or failure to register
or renew a particular domain name. You also agree
to indemnify, defend and hold harmless the applicable
registry administrator and its officers, directors,
employees, and agents from and against any and all
claims, damages, liabilities, expenses, and costs
(including reasonable legal fees and expenses) arising
out of, or related to, your submission for and registration,
renewal, or failure to register or renew a particular
domain name or names
After Expiration of The Term of Domain Name Registration.
You agree that we may, but are not obligated to, allow you to renew your domain name after its expiration
date has passed. After expiration of the term of a domain name registration services
and before deletion of the domain name in the applicable registry's database, you acknowledge
that we may direct the domain name to name-servers and IP address(es) designated by
us, including, without limitation, to no IP address or to IP address(es) which
host a parking page or a commercial search engine that may display advertisements,
and you acknowledge that we may either leave your WHOIS information intact or
that we may change the contact information in the WHOIS output for the
expired domain name so that you are no longer the listed registrant of the expired domain name.
After expiration of the term of domain name registration services, you acknowledge
that certain registry administrators may provide procedures or grace periods
during which expired domain name registrations may be renewed. You acknowledge that
you assume all risks and all consequences if you wait until close to or after the end of
a domain name registration term to attempt to renew the registration. You acknowledge
that we, for any reason and in our sole discretion, may choose not to participate in a
post-expiration renewal of a domain name and that we shall not be liable therefore.
You acknowledge that post-expiration renewal or redemption processes, if any, involve
additional fees which we may determine. You acknowledge and agree that expired domain
name(s) may be made available to be registered or re-registered to any party at any
You agree that after expiration of the term of a domain name registration we may,
for a period of 15 days, either i) remove the domain name from the zone of the top-level-domain
(meaning that the domain name will no longer resolve), or ii) direct the domain name to
name-servers and IP address(es) of website(s) designated by us, including, without
limitation, to IP address(es) which host a parking page or a commercial search
engine. You agree that either are functionally equivalent to ICANN's or a registry's
redemption grace period, which would normally occur after deletion. If we exercise our rights under this provision, and if you do not transfer the domain name services to another registrar nor contact us to pay for and renew the domain name prior to the end of the 30 days, you agree that you have abandoned the domain name.
After this 15 day period, you agree that we may, possibly via a sub-contractor, solicit
and provide for a third party to pay to renew the domain name's registration term and to allow
such a third party to assume complete control over the domain name services as a registrant
Alternatively, if you do not contact us to renew the domain name registration services
during the 15 day period described above, and if we are unable or unwilling to allow such a
third party to assume complete control over the domain name services as a registrant,
you agree that we may either (i) delete the domain name at any time thereafter or (ii)
that we may pay the registry free or otherwise allow it to continue to be registered with
the WHOIS information previously provided by you and pointing to the name-server(s) and IP
address(es) designated by us, and that we will not remove it from the TLD zone. In the
latter event, the name will be designated as being in the extended redemption grace period
("ERGP"), and you will be allowed to assume, during the first 90 days of the
then extant registration term, complete management of the domain name services,
including the right to control the DNS information, provided that you pay a fee of
N30,000 (Nigerian Naira).
After the end of the 90-day period, if you do not exercise your rights under this provision,
you agree that you have abandoned the domain name services, and relinquish all rights
and use of the domain name services, and that you are no longer the registrant
of the domain name, and that we may list ourselves or another party as the
registrant of the domain name in the WHOIS information. If we exercise our
rights under this provision and you do not wish to be listed as the registrant and
you wish to forego your option under this provision to pay to renew the domain name
registration services for the then-current registration term, you may notify us
before the end of the 90-day period and request that we remove your information
from the WHOIS record for the domain name, in which case we, or a third party we
designate, will be listed as the registrant, and in which case you relinquish all
rights and control over the domain name services, and in which case we may i)
continue to point the domain name to IP address(es) designated by us, or ii)
we may delete the domain name from the applicable registry's database.
ANNOUNCEMENTS: You agree that we may distribute information to you that is pertinent
to the quality or operation of our Service(s) and the services of your Primary Service
Provider which utilize our Service(s). These announcements will be predominately
informative in nature and may include notices describing changes, upgrades, new
products or other information to add security or to enhance your identity on the
Internet and/or they may include information or announcements which ICANN, the
registries, or others may require us to distribute.
Term & Registration Period.
The term of this Agreement will continue to be in
force during the time in which you have any TLD name
registered through us. At your discretion, we will
register each TLD name for a period of one (1) to
ten (10) years for .com, .net and .org.Overview of Dispute Policy.
By signing this agreement, you agree to be bound by
Domain Name Dispute Resolution Policy.
Any disputes regarding the right to use your TLD name
will be subject to this Dispute
Resolution Policy (the Dispute Policy). Registration Data.
When you register or transfer a domain name, you are
required to provide us with certain information. This
may modify the Dispute Policy at our sole discretion
at any time in accordance with the ICANN Agreement
or any ICANN/Registry Policy. Your continued use of
our registration services after modification to the
Dispute Policy effectively constitutes your acceptance
of those modifications. If you do not agree to such
a modification, you may request that your TLD name
be cancelled or transferred to another registrar.
You agree that you will be subject to the provisions
specified in the Dispute Policy in effect at the time
your TLD name is challenged by a third party.
- Your full name, postal address,
e-mail address, voice telephone number, and fax
number if available;
- The name of an authorized
person for contact purposes in the case of a registrant
that is an organization, association, or corporation;
- The full name, postal address,
e-mail address, voice telephone number, and fax
number if available of the technical contact for
the TLD name;
- The full name, postal address,
e-mail address, voice telephone number, and fax
number if available of the administrative contact
for the TLD name;
- The name, postal address,
e-mail address, voice telephone number, and fax
number if available of the billing contact for
the TLD name; and
You agree to update this information to keep it current,
complete and accurate. You also agree and understand
that the foregoing registration data will be publicly
available and accessible on the WHOIS directory as
required by ICANN/Registry Policy and may be sold
in bulk in accordance with the ICANN Agreement.
OBLIGATIONS OF THE MEMBER
NairaDomains.com agrees to comply with all the terms and
conditions in this Agreement.
NairaDomains.com agrees to provide real-time registration
system to purchasers.
NairaDomains.com will release the newest wholesale prices
and policies on www.nairadomains.com website from
time to time.
NairaDomains.com does not guarantee that each individual
Purchasers will specifically be notified of these price
NairaDomains.com will provide automatic system for inquiry.
As part of the registration of top-level domain names,
the Purchaser shall submit all data required on the www.nairadomains.com
website. Information collected
The Purchaser agrees to develop and implement all necessary
technology and restrictions to ensure that its connection
NairaDomains.com, and all transmissions are secured.
Each such transmission shall be authenticated and
every connection with the NairaDomains.com will be done by
using Purchaser's password, which it shall disclose only
to its employees on a need to know basis and shall
notify NairaDomains.com within four hours of learning that
its key or password has been compromised in any way.
The Purchaser shall employ all necessary employees, contractors,
or agents with sufficient technical training and expertise
to respond to and fix all technical problems concerning
the use of the
NairaDomains.com or its Software in conjunction
with its systems.
The Purchaser agrees that in the event of unexpected
technical difficulties, or at any time deemed necessary
NairaDomains.com, NairaDomains.com may in its sole discretion;
temporarily suspend access to www.nairadomains.com
Inaccurate or Unreliable Data.
If purchaser deliberately provides inaccurate or unreliable
information, or fails to promptly update necessary
information, or fails to respond to our email inquiries
within five calendar days, such actions shall constitute
a breach of this Agreement.
All personal data collected by us will be used in
connection with the registration of your TLD name(s),
for the purposes of this Agreement and as required
NairaDomains.com knows the importance of keeping
private. By signing this agreement, you agree to accept
the guidelines described herein.
Here are the types of information we gather from
Information entered on our website or given to us
in any way are collected and stored in our system.
Internet Corporation for Assigned Names and Numbers
("ICANN"), an organization that assumes responsible
for domain name allocation, requires information about
you during the domain name registration process. The
information includes: name, address, phone number,
email address and fax. License of TLD Names.
How the information is shared:
It is required by ICANN that your name, address, phone
number, email address and fax together with the creation
and expiration dates of your domain name registration
and the nameserver information associated with your
domain name, be made available to the public via an
interactive Web page and a "port 43" WHOIS service.
Please note that
NairaDomains.com may not be able to control
how members of the public may use the WHOIS information.
Sites Other than
NairaDomains.com will not be responsible for content or privacy
policies of other Web Sites such as advertisers we
may link to or those that link to our site. This Privacy
Statement is only responsible for the information
collected on NairaDomains.com's site.
When you license use of a TLD name to a third party,
you remain the holder of record, and you acknowledge
that you remain responsible for providing and updating
your own full contact information and for providing
and updating accurate technical, administrative, and
billing contact and other information in accordance
with this Agreement.
You shall accept liability for harm caused by misuse
of a TLD name you have licensed to a third party,
unless you quickly disclose the identity of the licensee
to a party providing you reasonable evidence of actionable
Change of TLD Holder Procedure.
If you transfer any TLD name, you agree to abide by
the policies and procedures relating to the transfer
of TLD names as may be adopted by us and modified
by us from time to time. These policies may require,
among other things, the submission of hard-copy records
of transfer of ownership, the submission of information
concerning the transferor and transferee and the transfer,
including but not limited to the information respect
to the transferee, and may impose reasonable information
collection and record keeping obligations on you.
Such policy and procedure may require you upon such
transfer to relinquish all control over the TLD name
Required and Prohibited Reselling Practices.
You are required to inform any person or entity registering
a TLD name with us through you or your account that
your customer(s) are registering their TLD name through
us. You shall not make
representation, directly or by implication, that you
are a registrar or have direct or superior access
to the Registry or that you are a registrar or accredited
or otherwise affiliated with ICANN. You also agree
not to employ or display the ICANN mark or logo on
your website or any materials used by you in your
Record Keeping Requirements.
You agree to obtain evidence of each Customer's agreement
to the then current Registration Agreement electronically
(e.g. by "click") or by hardcopy signature, and to
retain for a period of three (3) years evidence of
such agreement. You may require Customers using your
services to agree to additional terms and conditions,
provided that such terms and conditions do not conflict
in any manner with the provisions of this agreement
or any ICANN Policy.
Customer Support; Registration Data and Updating
You agree to provide adequate customer service including
billing and technical support. You also agree to modify
and update your customer's TLD information so that
our database contains correct and up to date domain
name related information. You acknowledge that if
you don't make appropriate changes to your Customer's
TLD name(s) in conformity with the written or e-mailed
instructions from such Customer(s) within ten (10)
business days after delivery of such instructions,
that lack of action shall constitute a breach of this
Agreement. You also agree that making inaccurate or
deceptive modifications to any Customer's registration
data that has not been authorized by such Customer
in writing or by e-mail is a violation of this agreement.
You agree to retain copies of all communications and
other correspondence between you and Customer relating
to the registration of TLD names with
to provide us with this communication upon request.
Policies Regarding Use of Our Services.
Suspension, Cancellation or Transfer of TLD Name.
You agree that your eligibility to use
registration services is subject to termination or
suspension, and your ability to register or modify
any particular TLD name is subject to suspension,
cancellation, or transfer:
Limitations on Use of Services.
- At any time pursuant to any
ICANN/Registry Policy now in effect or hereafter
- To correct mistakes by us,
another accredited registrar or the Registry in
registering TLD name(s), including but not limited
to the correction of erroneous or inadvertent
deletions of TLD names, or in connection with
the resolution of disputes in accordance with
the Dispute Policy, or
- In the event of any breach
of any representation, warranty, agreement or
other provision of this Agreement, upon e-mail
notice of such breach and the expiration of a
fifteen (15) calendar day cure period.
You agree not to use our services or website or permit
any person or entity through you to use our services
or website for:
- The transmission of unsolicited,
commercial e-mail (Spam); or
- High volume, automated, electronic
processes that apply to the Registry for large
numbers of TLD names, except as reasonably necessary
to register TLD names or modify existing registrations;
- High volume, automated, electronic,
repetitive queries except as reasonably necessary
to register TLD names or modify existing registrations.
Use of 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,
including the Dispute Policy. Your continued use
of our services shall ratify any unauthorized actions
of your agent. By acting on your behalf, your agent
certifies that he, she or it is authorized to apply
for our services on your behalf, that he, she or
it is authorized to bind you to the terms and conditions
of this Agreement and that he, she or it has apprised
you of the terms and conditions of this Agreement.
In addition, you are responsible for any errors
made by your agent. We will not refund fees paid
by you or your agent on your behalf for any reason,
including, but not limited to, in the event that
your agent fails to comply with the terms and conditions
of this Agreement, your agent incorrectly provides
information in the application process or if your
agent changes or otherwise modifies your TLD name
TLD Name Transfers Between Sponsoring Registrars.
You agree that you may change sponsoring registrars
for any existing TLD name only in accordance with
ICANN/Registry Policy and further agree that you
may not change sponsoring registrars with respect
to any TLD name for a period of sixty (60) calendar
days after registration of such TLD name with us.
In connection with any transfer by you of TLD name(s)
from one registrar (the "Former Registrar") to us:
You represent and warrant that:
To initiate a transfer of sponsoring registrars
from a Former Registrar to us, you shall notify
us of the TLD name(s) you wish to transfer to us
and we will, upon receipt of such transfer request,
forward to you a Confirmation of Transfer. You agree
to confirm the accuracy of the Confirmation of Transfer
and assent to the Confirmation of Transfer before
being permitted to continue.
- You are either the TLD Holder,
the administrative contact or the technical contact
with respect to the TLD name(s) being transferred;
- If transferring a TLD and
on behalf of a Customer, you have been granted
the authority by such Customer to affect each
We will affect the proposed transfer of sponsoring
registrars from the Former Registrar only after
the following conditions have been met:
You agree and understand
that we will affect the registration using the registration
data on file with the Former Registrar immediately
prior to transfer, and understand that we may, at
our discretion, limit your ability to make post-transfer
changes to registration data for a reasonable period
of time following transfer, not to exceed 15 business
- We have received evidence
of your assent to the Confirmation of Transfer
and all transfer fees associated with the transfer(s)
have been paid in full; and
- If the transfer involves a
TLD name held by a TLD Holder other than you and
we have notified such TLD Holder via the Administrative
Contact of the proposed transfer and provided
such Administrative Contact with a period of time
to confirm or object to such transfer, not to
exceed 10 business days, such waiting period shall
have expired or the express consent of such Administrative
Contact shall have been obtained.
9.5. When we make a request to the Former Registrar
(via the Registry) to transfer a TLD name registration
to us from the Former Registrar, you agree to pay
us the applicable fee(s) as then in effect with respect
to such transfer and agree to comply with the applicable
change in registrar policy.
LICENSE AND SOFTWARE
You agree that
NairaDomains.com owns all database,
collective and similar rights, title and interests
worldwide in our domain name and other proprietary
information databases, and all information and derivative
work generated from those databases. Additionally,
you hereby grant to NairaDomains.com a nonexclusive, worldwide,
perpetual, irrevocable, fully paid-up right and license
to use in our business, however it evolves, including
the rights to copy, distribute, display, perform,
transmit, prepare derivative works from or otherwise
use without restriction the following information:
In this Agreement, Software means any CGI script
- The original creation date
of a domain name registration,
- The expiration date of a domain
- The name, postal address,
email address, voice telephone number, and where
available fax number of the technical contact,
administrative contact, zone contact and billing
contact for a domain name registration,
- Any remarks concerning a registered
domain name that appear or should appear in a
WHOIS or similar database, and
- Any other information we generate
or obtain in connection with the provision of
NairaDomains.com does not have any ownership
interest in your specific personal registration
information or other information other than our
rights in our domain name database, as set forth
in this agreement. NairaDomains.com, the set of technical specifications
provided by us, and the real-time Registration system
provided by us.
NairaDomains.com hereby grants the Purchaser
non-transferable, worldwide limited license to use
the Software to facilitate domain name registration
services during the Term. It is intended that the
Software will enable the Purchaser to use NairaDomains.com
to register domain names on behalf of its top-level
domain name holders.
Notwithstanding any other provision in this Agreement,
the Purchaser shall not, except with the written consent
Although there is no fee attached to the CGI script,
it is given with the assurance and reliance that
this CGI script will be used for the express and
specific purpose of connecting with
- Sub-license the Software or
otherwise permit any use of the Software by another
- Publish, distribute or permit
disclosure of the Software other than to employees,
contractors and agent of the Member on a needs-to-know
- Recompile, reverse engineer,
copy or re-engineer the Software for any unauthorized
- Use or permit use of the Software
in violation of any applicable regulation or law.
will not be used with another registrar or their
You may only redistribute this CGI script on web
sites that you author or that is authored by one
of your agents with the explicit understanding that
domain names obtained by this CGI script will be
derived solely and exclusively from
The Purchaser agrees to employ the necessary measures
to prevent the
NairaDomains.com from being used for:
Terms of Agreement:
- The transmission of unsolicited,
commercial e-mail (Spam) to entities other than
the Purchaser's customers;
- High volume automated, electronic,
repetitive queries for the purpose of extracting
data to be used for the Purchaser's purposes,
- The use of data to compile
or infer customer identity or other demographic
or firm information.
You will abide by any additional copyright laws that
apply to the authorship of this CGI script.
LIMITATION OF LIABILITY; DISCLAIMER
LIMITATION OF LIABILITY.Indemnity.
YOU AGREE THAT WE
WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR
ANY LOSS THAT MAY OCCUR DUE TO (a) ANY ACT OR OMISSION
OF YOU OR YOUR AGENT (WHETHER AUTHORIZED OR UNATHORIZED)
(a) ANY LOSS OF REGISTRATION OF ANY TLD NAME, (b)
THE USE OF YOUR TLD NAME OR PASSWORD, (c) ACCESS DELAYS
OR ACCESS INTERRUPTIONS TO OUR REGISTRATION SYSTEM;
(d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN
YOU AND US; (e) EVENTS BEYOND OUR CONTROL; (f) THE
PROCESSING OF ANY TLD NAME REGISTRATION; (g) THE PROCESSING
OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH
YOUR TLD NAME, (h) THE FAILURE OF YOU OR YOUR AGENT
TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION
OF THE DISPUTE POLICY. FURTHER, WE 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 WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
OUR MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID
BY YOU TO US FOR REGISTRATION OF THE TLD NAME IN CONTROVERSY
DURING THE PRIOR ONE (1) YEAR PERIOD. TO THE EXTENT
APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL
CONTENT AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
OUR SOFTWARE OR WEBSITE WILL MEET YOUR REQUIREMENTS
OR THAT THE OPERATION OF OUR SOFTWARE OR WEBSITE WILL
BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN
THE SOFTWARE OR WEBSITE WILL BE CORRECTED. WE DO NOT
WARRANT NOR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF OUR SOFTWARE OR WEBSITE OR RELATED
DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY OR OTHERWISE.
You agree to defend, indemnify and hold us harmless
and any applicable TLD name registry, including
and the shareholders, directors, officers, employees,
affiliates and agents of us and them, from and against
any loss, damages or costs, including reasonable attorneys'
fees, resulting from any claim, action, proceeding,
suit or demand arising out of or related to:
This indemnification is in
addition to any indemnification required under the
- Any TLD name registered by
you or the transfer or use thereof,
- Any dispute concerning a TLD
- Your breach (or the breach
by any of your officers, agents, employees or
other representatives) of any agreement contained
in this Agreement, or
- Any cancellation, suspension
(e.g. registrar lock or hold) or transfer of any
TLD name in accordance with this Agreement.
NairaDomains.com's web hosting service is provided under the terms and conditions of McReal Online
Networks Systems Limited, stated here, and you
agree to be irrevocably bound by these policies as well.
Representations and Warranties.
You represent and warrant that all information provided
by you in connection with your registration is complete
and accurate. You represent and warrant each time
you register a TLD name that, to the best of your
knowledge and belief, neither the registration of
the TLD name nor the manner in which it is directly
or indirectly used infringes the legal rights of a
third party. In applying for a TLD name, you represent
and warrant that the registration is not made in bad
faith and that the name does not conflict with another
TLD name. We make no representation or warranties
of any kind in connection with this Agreement. Specifically
but without limitation, we do not represent or warrant
that registration of your TLD name will immunize you
from challenges to your TLD name. We are not bound
by nor should you rely on any representation or warranty
made by any agent, representative or employee of any
third party that you may use to apply for our services.
Breach and Revocation; Notice
of Cancellation, Etc.
Except as otherwise specified in this Agreement, any
breach by you of this Agreement or the Dispute Policy
must be remedied by you within five (5) business days
following e-mail notice by us to you. Such notice
shall be deemed delivered when sent to the e-mail
address then on record for your administrative contact
in the WHOIS directory. If you fail to cure the breach
within such cure period, we may terminate this Agreement,
cancel your registration of the TLD name(s), transfer
such TLD names to another person or entity and/or
seek any remedy available at law or in equity including
but not limited to obtaining an injunction or specific
performance. Our remedies shall not be deemed exclusive
and affecting any one or more of the foregoing remedies
shall not be deemed an election of remedies. Except
as otherwise specified in this Agreement, notice of
revocations, suspensions, transfers, or cancellations
of your TLD name(s) by us pursuant to this section
will be provided to you within five (5) business days
following the taking of such action. Cancellation During Preliminary
30 Day Period; Right of Refusal to Register.
Pursuant to ICANN Registry Policy, we reserve the
right to refuse to register any TLD name(s), or to
cancel, transfer or suspend any TLD name(s) registered
with us within the first thirty (30) calendar days
following receipt of your payment for such registration(s).
In the event we do not register a TLD name or we cancel
or transfer a TLD name within such thirty (30) calendar
day period, we agree to refund any applicable fee(s)
with respect to such TLD name that you have paid to
us. You agree that we shall not be liable to you for
loss or damages that may result from our refusal to
register any TLD name(s) or the cancellation or transfer
of any TLD name(s).Governing Law
THIS AGREEMENT AND ALL RIGHTS HEREUNDER SHALL BE GOVERNED
BY THE LAWS OF A TERRITORY AS MAY BE SPECIFIED BY Notices.
AND THE PURCHASER SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.
Except as otherwise specifically stated herein, you
agree that all notices from us to you shall be delivered
by posting such notices on our website and shall be
deemed delivered and effective fifteen (15) calendar
days after such posting. Notices from you to us shall
be by e-mail to our appropriate e-mail address as
specified on our website, and shall be deemed delivered
when received by e-mail, or notices shall be in writing
by first class mail to McReal Online Networks Systems Limited and shall
be deemed delivered five days after receipt of such mails.
The foregoing notwithstanding, you understand
and agree that any e-mails received by us from any
e-mail address provided to us or set forth as a contact
address (whether billing, technical or administrative)
with respect to your TLD name shall be deemed to have
been sent by you or your duly authorized agent having
the actual and apparent authority to act to bind you.
We intend to rely on any such correspondence.
This Agreement, our fee schedule and the Dispute Policy,
together with all amendments or modifications to any
of them, constitute the complete and exclusive agreement
between you and us, and supersede and govern all prior
or concurrent proposals, agreements, or other communications.
Nothing contained in this Agreement shall be construed
as creating any agency, partnership, or other form
of joint enterprise between you and us. Our failure
to require your performance of any provision hereof
shall not affect the right to require such performance
thereafter; nor shall the waiver by us of a breach
of any provision hereof be taken or held to be a waiver
of the provision itself. In the event that any provision
of this Agreement is deemed unenforceable or invalid,
such unenforceability or invalidity shall not affect
the remainder of this Agreement, but such provision
shall be automatically amended and replaced with a
provision that is valid and enforceable and which
achieves, to the extent possible, our original objectives
and intent as reflected in the original provision.
No provision of this Agreement, including our fee
schedule and the Dispute Policy, may be amended or
modified by you except by means of a written document
signed by us. We may modify this Agreement at any
time by posting such modification(s) on our website.
Such modifications will become effective 15 calendar
days after posting. Your continued use of our registration
services after such modification(s) become(s) effective
constitutes your acceptance of those modifications.
If you do not agree to such a modification, you may
request that your TLD name(s) be cancelled or transferred
to another registrar. This Agreement shall not confer
any benefits upon any person or entity other than
NairaDomains.com, and shall not be construed
any obligation by NairaDomains.com
to any non-party.