gTLD Terms of service

This document sets out the terms and conditions of your application for a Domain Name, and if successful, your Domain Name Licence. It record gTLD Terms and Conditions the agreement between you, the applicant or holder of a Domain Name Licence, and us, the agent, in relation to the Domain Name.

Summary of Terms and Conditions

If your application for a domain name is accepted and approved, you will be granted a Domain Name Licence for that domain name for a period between one and ten years.

You accept that our liability to you under these terms and conditions is limited to the cost of the domain name licence

Definitions

Domain Name means the domain name which is the subject of your application, and if successful, the
Domain Name Licence means your licence to use the Domain Name which is the subject of your application.
Published Policies means those specifications and policies established and published by ICANN and its Registrars from time to time in accordance with its constitution.
Registry Operator means the operator of the domain names registry for the Domain Name.
We, our or us refer to Enet Online Solutions
You or your refer to the person applying for, or the holder of, a Domain Name Licence.

General

You are bound by the terms of this document, even if you have entered into this document through an agent, and even if you licence the use of the Domain Name to another person.

1. Domain names application and registration

  1. Your application for a Domain Name must be in the form prescribed under the Published Policies. The Domain Name must comply with the Published Policies.
  2. You accept that even if we have accepted and approved your Domain Name application, the application may still be rejected by the Registry Operator in performing its final integrity checks.
  3. You accept that neither you, nor we, have any proprietary right arising from the registered Domain Name, or the entry of a Domain Name in the domain names registry.

2. Domain name licence

  1. Your Domain Name Licence will be effective for a period of one to ten years (depending on your choice at application time), once:
    1. your application is accepted and approved by us and by the Registry Operator, and
    2. you have paid the applicable fees, unless it is cancelled earlier under the terms of this document or under any Published Policies.
  2. You accept that it is your responsibility to ensure that your Domain Name Licence is renewed.
  3. You may cancel your Domain Name Licence at any time by notifying us by email to domains[at]enetonlinesolutions.co.ke or a support ticket.
  4. We may cancel your Domain Name Licence if you breach any provision of this document.

3. Your statement to us

  1. You confirm and state to Enet Online Solutions that:
    1. all the information set out in your Domain Name application, and all information you give us, are true and correct, and not misleading or deceptive.
  2. You agree to indemnify us for any loss or damage suffered by us as result of any of us relying upon your above statements.

4. Use of your information

  1. You give to:
    1. us (Enet Online Solutions), the right to disclose to the Registry Operator, all information which are reasonably required by the Registry Operator in order to register the Domain Name in the domain names registry;
    2. the Registry Operator, the right to publicly disclose to third parties, all information relation to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service,

5. Limitation of liabilities

  1. You must not pursue any claim against us, where we are liable to you for any direct, indirect, special, punitive, exemplary or consequential damages, including but not limited to damages resulting from loss of use, lost profits, lost business revenue or third parties damages, arising from any breach by us of our obligations under this document.
  2. You accept and agree that we are not responsible for the use of any Domain Name in the domain names registry, and that we are not responsible for any conflict or dispute with any actual or threatened claim against a registrar or a domain name licence holder, including one relating to registered or unregistered trademark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.
  3. Despite any other provision of this document, and to the fullest extent permitted by law, we are not liable to you for consequential, indirect or special losses or damages of any kind (including without limitation, loss of profit, loss or corruption of data, business interruption or indirect loss) suffered by you as a result of any act or omission whatsoever of Enet Online Solutions, and our respective employees, agents, or affliates.
  4. Nothing in this document is to be read as excluding, restricting or modifying the application of any legislation which by law cannot be excluded, restricted or modified.

6. Our agency

  1. We enter into this document as agent for various ICANN Registrars for the sole purpose, but only to the extent necessary, to enable the ICANN Registrar to receive the benefit of the rights and covenants conferred to it under this document.

7. General

  1. In this document:
    1. a reference to this or other documents includes the document as varied or replaced regardless of any change in the identity of the parties;
    2. a reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form;
    3. headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this document; and
    4. where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.
  2. All previous agreements, statements, explanations and commitments, expressed or implied, affecting the subject matter of this document are superseded by this document and have no effect

  3. If a provision in this document is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary, or severed if necessary, to ensure that it is not illegal, invalid, void, voidable or unenforceable.

8. .COM/NET Specific Terms and Conditions

  1. The following terms and conditions should be read in conjunction with the above terms and conditions, and are part of the registrant agreement for .com/.net domains:In applying for a .com/.net domain licence Registered Name Holder agrees to:
    1. consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by Verisign and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 4.1;
    2. submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Sunrise Dispute Resolution Policy (“SDRP”);
    3. immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and
    4. acknowledge that Verisign will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.
    5. indemnify, defend and hold harmless Verisign, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration. The registration agreement shall further require that this indemnification obligation survive the termination or expiration of the registration agreement.

9. .INFO Specific Terms and Conditions

  1. The following terms and conditions should be read in conjunction with the above terms and conditions, and are part of the registrant agreement for .info domains:In applying for a .info domain licence Registered Name Holder agrees to:
    1. consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by Affilias and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 4.1;
    2. submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Sunrise Dispute Resolution Policy (“SDRP”);
    3. immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and
    4. acknowledge that Affilias will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.
    5. indemnify, defend and hold harmless Affilias, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration. The registration agreement shall further require that this indemnification obligation survive the termination or expiration of the registration agreement.

9. .eu Specific Terms and Conditions

  1. The following terms and conditions should be read in conjunction with the above terms and conditions, and are part of the registrant agreement and terms and conditions for .eu domains:
    1. By submitting this application for a domain name, you confirm that you are eligible to hold the domain name set out in this application, and that all information provided in this application is true, complete and correct, and is not misleading in any way. If any information is later found to be not true, or is incomplete, incorrect, or misleading in any way, or if you have submitted this application in bad faith, the domain name license can be cancelled and you can permanently lose the use of the domain name.
    2. By making an application for an .eu domain name with Enet Online Solutions, you agree that the application may not be revoked; no refunds will be given for change of mind. All applications must be paid for in full up front; no application will be accepted without payment. Payment can only be made in US$ or KES.
    3. Applications are taken by Enet Online Solutions and submitted to the eu Registry on a first come first served basis. Enet Online Solutions has no control over the allocation process that operates at the eu Registry and accepts no liability if domain names applied for are not successfully registered.

10. .mobi Specific Terms and Conditions

  1. The following terms and conditions should be read in conjunction with the above terms and conditions, and are part of the registrant agreement for .mobi domains:
    1. By submitting this application for a domain name, you confirm that you are eligible to hold the domain name set out in this application, and that all information provided in this application is true, complete and correct, and is not misleading in any way. If any information is later found to be not true, or is incomplete, incorrect, or misleading in any way, or if you have submitted this application in bad faith, the domain name license can be cancelled and you can permanently lose the use of the domain name.
    2. By making an application for a .mobi domain name with Enet Online Solutions, you agree that the application may not be revoked; no refunds will be given for change of mind. All applications must be paid for in full up front; no application will be accepted without payment. Payment can only be made in US$ or KES.
    3. Applications are taken by Enet Online Solutions and submitted to the .mobi Registry on a first come first served basis. Enet Online Solutions has no control over the allocation process that operates at the .mobi Registry and accepts no liability if domain names applied for are not successfully registered.
    4. Applicants should note that if they build a website off a .mobi domain, the website must meet the “Switch On! Web Developer Guides” guidelines. To view the guidelines, please visit http://mobiforge.com/files/dotmobi_Switch_On_Web_Developer_Guide.html