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  Naming Rules and Term of Use

1 General conditions

1.1 Definitions

The terms used in the present general conditions are also valid for the other integral parts of the agreement according to article 10.2.1.

1.2 Object of the General conditions

Hereby the General Conditions regulate the registration and management by the NIC.GP of second level domain names which depend on the gp domain as well as sub-domains com.gp, net.gp, edu.gp, asso.gp and org.gp

1.3 Agreement concluded between the NIC.GP and the domain name’s holder

The parts to the agreement for the registration and management of a domain name are on one part the NIC.GP (Network Information Center - GP) represented by NT Group (Networking Technologies Group) and on the other part the holder of the related domain name. The holder of a domain name can be a person or a corporate body.

1.4 Signature of the agreement

By submitting to NIC.GP a request for registration of a domain name, the applicant admits having taken knowledge of these general conditions.

2 Registration of domain names

2.1 Registration guiding principles

2.1.1 Equal treatment

As far as the present general conditions and the enforceable law are not suitable otherwise for the NIC.GP handles all requests at the same conditions and according to same rules and principles.

2.1.2 First arrived, first served

The registration of a domain name for which several valid requests were submitted operates by chronological order (First arrived, first served), as from their arrival at the NIC.GP by means of Internet site and the downloadable form.

2.1.3 Legality

A request for registration of a domain name constitutes the firm promise of the applicant according to whom the registration of the domain name indicated in the request in favour of the holder can take place in a way of conformity with the right and that the holder has the right to use the domain name. The NIC.GP does not check if the holder has the right to register and use a domain name, and does not assume any responsibility as for the registration and with management of the domain name for the holder.

The holder commits himself to completely compensating the NIC.GP for the expenses, the expenditure, as well as the claims in damages of third party- including the lawyer and costs of proceedings -, following the registration and/or the illicit use of a domain name.

The mentioned holder in the database is juridically responsible for the domain name and the use which is made by it.

2.1.4 Limited duration of registration

As a rule, the domain names are registered for one limited duration. The registration of a domain name ends when the holder gives it up or that he does not wish to renew his registration.

2.2 Registration requirements

2.2.1 Information about contacts

In order that he can require a domain name, the applicant must provide information on himself, the holder and other contact people.

2.2.2 Valid request and absence of reason to refuse the registration

If the conditions appearing in article 2.2.1 are met and that the request for registration is made in a valid way according to article 2.4, The NIC.GP registers the domain name for the holder in accordance with the registration guiding principles mentioned in article 2.1, provided that there is none the reasons to refuse the registration appearing in article 2.5. With the registration, the NIC.GP proceeds to the corresponding entry in the database, WHOIS service and, if necessary, in file zone name.

2.3 Conditions relating to the use of the domain names

In order to use a domain name, it is appropriate to indicate at least two operational names servers, correctly indicated and configured.

2.4 Request for registration of a domain name

To be valid, a request for registration of a domain name must meet the following conditions:

a) the request includes complete information about the holder, the administrative contact, the billing contact and the technical contact.

b) the request must be made via the Internet site or by the sending of a downloadable form. In this case the form must be sent to register@nic.gp.

c) the domain name includes less than 3 characters or more than 63 characters, subject to legal exceptions.

d) the domain name is identical to a domain name already registered or to a domain name already required but not registered yet;

e) the concerned domain name forms a part of the reserved or prohibited terms list. This list is available for consultation on the site of the NIC.GP

f) when international standards require it

g) the applicant does not satisfy the applicable conditions according to article 2.2 and 2.4 in relation to the request for registration, or when the request contains inaccurate data;

h) the holder and/or the billing contact is late for payment or when remains against him invoices not paid for domain names already revoked because of the non-payment of the prices.

i) the manifest danger exists that the NIC.GP can be held juridically responsible because of the registration of the domain name.

j) the NIC.GP does not manage to join the applicant to obtain precise details or when the latter does not answer within 10 working days.

As a rule, the refusal to register a domain name is communicated to all mentioned contact person in the request of registration, within the 10 working days as from the reception of the

request at the NIC.GP. The refusal to register involves the rejection of the corresponding request and the release of the concerned domain name.

3 Management of domain names

3.1 Checking responsibility of the holder

The holder is bound to immediately check the exactitude of the information transmitted by the NIC.GP and the requests process. If the holder omits to do so, he loses possible responsibility claims or others in respect to the NIC.GP when the relevant communications and/or treatment contain possible errors.

3.2 Holder’s responsibility for database maintenance

It is the responsibility of the holder to bring up-to-date, complete and correct all recorded data in the NIC.GP database about the domain name registered for his account, in particular data relating to the contact person, and this throughout the length of the registration. For the NIC.GP, the determinant data are exclusively those which are listed in its database. If, in particular on indication of a third party, the data appear to be incomplete, incorrect or not brought up-to-date, making extremely difficult the identification of a holder or the communication by the NIC.GP of notices to the holder or billing contact, the NIC.GP has the right to possibly revoke the relevant holder’s domain name without notice.

3.3 Modification requests

3.3.1 Object of modification requests

The requests for amendment can relate to the listed data by the NIC.GP on a domain name in the database but not on the domain name itself and/or the domain’s owner.

3.3.2 Process and modifications request form

Modifications request can be carried out at anytime and as a rule are processed within 10 working days as from their reception by the NIC.GP

3.3.3 Authorization to bring modifications

A contact person has the right to amend at anytime the data which relate to him (address, confidential transmission resource of information and language of correspondence). The holder and the administrative contact can change the assigned contact person in the domain name as well as names servers. The technical contacts can require to amend names servers.

3.4 Transfer of a domain name

3.4.1 By request

The domain names can be transferred to a third party as a new holder, as far as the NIC.GP simultaneously removes the concerned domain name at the expense of the initial holder and re-register it for the new designated holder. To that end, the concerned third party must meet the above mentioned conditions appearing in article 2, and it should not exist any reason for refusal to register according to article 2.5.

The requests for transfer can be registered by the holder or the third party. They require a confirmation. If this one does not occur, the initial holder preserves the domain name. As a rule, the transfer of a domain name is done 20 days after reception by the NIC.GP of the authorized confirmations.

The transfer is considered as a termination for the former holder and this one will not be able to prevail with a refund of his registration for the period going from the date of termination until the date of renewal. The transfer is considered as a new registration for the new holder who will have to pay at least a year registration.

3.4.2 On the basis of a decision or an agreement

The NIC.GP transfers a domain name from the holder to a third party when put forward an enforced decision in France taken by a court or a court of arbitration, or from a similar decision made by a French criminal proceedings authority, administrative or of regulation, or of an agreement concluded by the two parts within a legal or extra-judicial framework, which orders the NIC.GP with the transfer without delay of the domain name to the third party without the NIC.GP to be involved in the corresponding procedure, or which contains the holder approval as to the transfer or which replaces such approval. The third party must provide to the NIC.GP a certificate relating to the decision for enforcement.

3.5 Provisional blocking and/or suppression of the attribution of names servers

The NIC.GP is bound to block a domain name as a temporary measure, that is the transfer of a domain name to a new holder according to article 3.4 is temporarily blocked when the following conditions are met:

a) a court orders the NIC.GP in an enforceable decision in France, without the NIC.GP being involved in the corresponding procedure; or

b) a French criminal proceeding authority, administrative or of regulation makes compulsory arrangements on the matter, without the NIC.GP being involved in the corresponding procedure; or

c) when a registered third party – documents in support - a legal complaint or launched a procedure with disputes settlement service for the domain names "gp" and his sub-domains against the holder, with a view to termination, to revocation or the transfer of the domain name, without the NIC.GP being involved in the corresponding procedure.

Besides of blocking, or instead of blocking, the concerned court, or the concerned authority , can also decide to remove the attribution of names servers related to a domain name.

Moreover other reserved measures issued by tribunals or other concerned authorities.

4 Termination and revocation of domain names

4.1 Termination by release

The holder can at anytime terminate his domain name. A confirmation will be required from him.

4.2 Result of termination by renunciation

The termination involves the removal of the domain name from the WHOIS service, from the file of zone, as from the database. Moreover, it puts an end to the agreement concluded between NIC. G P and the holder and releases this domain name with a view to a new registration 14 days after the renunciation (what is called the transition time).

4.3 Termination by revocation

The NIC.GP must revoke the registration of domain names when a final and enforced decision is presented in France, taken by a court or a similar decision taken by a French criminal proceedings authority, administrative or of regulation, a decision from experts of the disputes settlement service for the domain names "gp" and sub-domains, or of an agreement concluded by the two parts within a legal or extra-judicial framework, which orders with the NIC.GP to revoke without delay the domain name without the NIC.GP being involved in the corresponding procedure, or which contains the holder’s approval as for the revocation; or which replaces the approval. The third party must provide a certificate relating to the decision for enforcement.

The NIC.GP can revoke the registration of domain names when:

a) the holder breaks the applicable law;

b) the holder fail to comply with the agreement concluded with the NIC.GP and when he does not put an end to the violation within the time limit set by the NIC.GP;

c) the services due according to conditions set hereafter the article 5.8 to 5.10 are not paid;

d) the holder fail to comply with his responsibility of database care in accordance with the article 3.2;

e) the manifest danger exists because of the registration and/or the use of the domain name, the legal responsibility for the NIC.GP can be suspected.

f) other important reasons requires it, such as recommendations, standards or international harmonisations.

g) the holder is deceased or was erased from the trade register due to bankruptcy or liquidation and that nobody succeeds to him juridically.

4.4 Result of termination by revocation

The revocation involves the cancellation of the domain name from the WHOIS service, the database and the file of zone. The termination due to a revocation puts an end to the contract concluded between the NIC.GP and the holder, and releases the domain name for a new registration when the following time limits have past:

a) if the revocation took place under article 4.3, first paragraph, the domain name is released for the mentioned date in the decision or agreed by the parts in the concluded agreement; if such a date was not set, it is released as soon as possible.

b) if the revocation took place for other reasons, article 4.2 is applicable by analogy

4.5 Transition time

During the transition time according to articles 4.2 and 4.4, paragraph. B, the NIC.GP must again register the domain name in favour of the initial holder if this one reconsiders his renunciation or pays the possible outstanding invoices. Moreover, the NIC.GP can exceptionally again register the domain name in favour of the initial holder, in particular whenever NIC.GP had itself been made juridically responsible. The relative costs are defined in article 5.1.

5 Prices, invoicing and terms of payment

5.1 Prices

The prices comprise the cost of registration of a domain name for at least a first year and a cost of renewal perceived for a given period of subscription. The cost of registration covers in particular the expenses ensuing from an unlimited number of amendments requests. The NIC.GP reserves the right to charge certain amendments or additional services. The cost of registration is entirely due for each started period of subscription for which the domain name is registered. No refund will be carry out in proportion to the domain names which were the subject of a transfer, a termination or a revocation before the end of the period of subscription in progress.
There is no adaptation either in proportion to the amended prices. The particular legal regulations make exception. At the time of the transfer of the domain name, the new holder must pay off prices applied to the new registrations. The prices are in euros, including the possible VAT; appearing on the NIC.GP Internet site.

5.2 Invoicing at the time of the registration (1st period of subscription)

After the data related to a domain name were entered in the database, WHOIS service and, if necessary, in the file of zone, applies the invoicing for the cost of registration for the first
period of subscription; the invoice is addressed to the billing contact appearing in the database of the NIC.GP.

5.3 Renewal invoicing

Thereafter, an invoice relating to the following period of subscription is addressed to the billing contact usually 30 days before the end of the period of subscription in progress. As a rule 30 days before the invoicing, the NIC.GP forwards a preliminary notice to the billing contact, in which appear the domain names subject to payment of a price as well as the subscription duration. If the holder and/or the billing contact did not receive any invoice within 20 days before the end of the period of subscription, they are bound to get information at the NIC.GP for the invoicing.

5.4 Obligation to pay

The holder of the domain name assumes entirely the obligation, in respect to the NIC.GP, to pay the invoiced services. The designation of a third party as a billing contact constitutes a convention on the billing address, but it is not a question of a transfer to the billing contact - releasing the holder – the obligation to pay the registration prices and the annual prices (see article 1.6).

5.6 Term of payment

The bill must be paid in full, without deduction, within the 30 days as from the date of invoicing.

5.7 Currency and method of payment

The valid payments are carried out exclusively in euros, by credit card, Paypal, transfer or cheque if the financial institution is French. No other mode of payment is accepted.

5.9 Delay and reminder

When, once past the ordinary term of payment, no payment intervened or then only one incomplete payment, the holder is automatically late of payment. He must then pay overdue legal interests. The NIC.GP sends at least a reminder. The holder is bound to pay reminder fees and, if necessary, collection charges, including expenses of court and lawyer. The reminders are communicated to the holder, to the billing contact and the technical contact appearing as such in the concerned database at the time.

5.10 Consequences of a delay

If no full payment of the outstanding balance intervenes within the time limit and in accordance with the methods of payment (including possible late penalty, reminder costs, collection costs and other), the domain name is revoked.

6 Warranty and responsibility

6.1 Warranty

The NIC.GP ensures to provide its services with the care which can be expected from it on the basis of legal provisions and considering of the great number of requests to treat. Please note however that the NIC.GP does not assure any as for the availability of its services and its various systems, like with the absence of errors in the obtained results.

6.2 Responsibility

As far as the damage was not caused intentionally or by serious negligence, the responsibility for the NIC.GP is excluded. The NIC.GP does not assume any responsibility in particular for the damage or partial impossibilities to provide the service:

a) caused exclusively or in a concurrent way by the fact that the holder or a contact person does not respect the provisions of these general terms and/or other integral parts of the agreement,

b) resulting from breakdowns, interruptions of exploitation, disturbance, current failures rising from attacks of "Denial-of-Service" type and other acts of hacking, sabotage, terrorism, vandalism or variations of services, etc, linked to the telecommunications networks and/or to the Internet, and/or depending on the programs used by the holder and of the third parties for the Internet use; resulting from natural disasters of any types

c) indirect or resulting from the loss of earnings, savings and claims not realized by third parties

d) related to the implementation of a decision from experts of disputes settlement service,

7 Force Majeure

In case of a force majeure, namely when the NIC.GP is prevented from fulfilling one or more tasks resulting from the present agreement, for reasons that itself and the possible involved third parties are not reasonably able to control - in particular natural phenomena, mobilisations, wars, uprisings, epidemics, accidents, sabotage, terrorism, serious breakdowns of exploitation, from telecommunication, in particular those of the Internet, work conflicts and measures taken by authorities -, the NIC.GP is released from the implementation of the concerned task (s) for time that the force majeure lasts, as well as during a certain period following the event; it is not either responsible for the possible direct or indirect damage suffered by the holder because of the non-fulfilment of the task (s) in question.

8 Personal data

8.1 Objective and extend of the personal data processing by the NIC.GP

The NIC.GP collects and handles the personal data of the contact person within the framework of the realization of its tasks as a registry, in accordance with the legal provisions as well as the particular provisions hereafter. The NIC.GP can also handle personal data for other purposes, or transmit them to third parties, as far as the concerned contact person gave his agreement or that his approval exists in an implicit way. By recognizing the present general terms, the holder approves the personal data transmission of the contact person by the NIC.GP with national and foreign authorities within the framework of civil procedures, administrative and penal.

The applicant and/or the holder is responsible to the fact that the concerned people approved the communication with the NIC.GP of the personal data mentioned by the applicant and/or the holder in the request for registration or the later requests for modification, and that they agree that the NIC.GP handles these data.

8.2 Deletion of personal data

The termination or the revocation of domain name involves the deletion of the contact person’s personal data appearing in the WHOIS service, subject to which these people are not mentioned in the database as being the holders or the contact person of other domain names.

8.3 contact person’s rights

Each contact person has the right to obtain information and amendments with respect to the data appearing about him in the NIC.GP database and, if necessary, in the WHOIS service. The person of contact can exercise this right by correcting them on request.

9 WHOIS Service

The NIC.GP is juridically held responsible to publish on the Internet the following data for each registered domain name:

a) designation of the registered domain name;

b) holder’s complete name of the concerned domain name

c) holder’s complete address of residence or head office,

d) if the holder is a corporate body, a company, an association or a community, the name of the individuals authorized to represent it

e) name, technical contact’s complete address

f) name, administrative contact’s complete address

10 Final provisions

10.1 Transmission of information

10.1.1 Transmission of information from the NIC.GP to the contact person

To pass on confidential information, the NIC.GP chooses the confidential mode of communication chosen by the contact person (fax or electronic message), unless this mode does not function any more. For other information, the NIC.GP is free as for the method of communication used.

10.1.2 Transmission of information from the contact person to the NIC.GP

The requests for registration, amendment, transfer and termination are carried out exclusively by Internet site or downloaded form.
The NIC.GP is not responsible to take into consideration the registered requests by another way. Requests for transfer and termination, as well as, if necessary, other requests defined by NIC.GP, require a written confirmation from the holder. In these cases, the NIC.GP gives a confirmation form to the holder, that the latter must print, sign and, when the signature is necessary for legal validity, there to affix the company stamp or print the form on its writing paper, then to give it with the NIC.GP within the time limits. If the confirmation arrives at the NIC.GP after the expiry date, it is not taken into account and the request is rejected.

10.1.3 Language

The registration of domain names at NIC.GP can be carried out in French, English and Creole. The language of correspondence for each user account can be amended at will during contractual correspondence (language of correspondence). Although the NIC.GP cannot guarantee to confine itself to the language of correspondence for all its communications with the concerned contact person, it will nevertheless strive.

10.2.1 Integral parts of the agreement and legal terms frameworks

For the registration and the management of domain names, the following conditions apply, which form integral part of the agreement concluded between NIC.GP and the holder:

a) present general conditions in their up-to-date version in effect, including the appendix,

b) data provided with the registration request, as well as all the later amendments,

c) up-to-date prices in effect issued by the NIC.GP

d) up-to-date rules of use in effect established by NIC.GP for the use of WHOIS service.

10.2.2 Modifications of the agreement

The NIC.GP is authorized at any time to amend the terms and conditions, the prices and the rules of use of WHOIS service. If the holder does not agree with the new provisions or the amended provisions, he has the possibility of giving up his domain name at the latest 10 days before the entry in effect of the new provisions; if not, the amended provisions become valid for the holder. The obligation falling to the holder to pay the possible annual prices for the period of subscription started remains.

10.2.3 Communication of the modifications made to the agreement

The modifications made to the agreement, as well as the possible necessary transitional provisions, come into effect on a date indicated by the NIC.GP on its Internet site. The integral parts of the agreement can be permanently consulted on Internet site of NIC.GP, at the following address: www.nic.gp. The modifications made to the agreement are published on the NIC.GP internet site. It is agreed that the communication of the modifications by publication is sufficient.


 
 
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