1. PURPOSE

The purpose of this document is to describe the rules for the allocation of names within the .SH domain and its sub-domains. NIC.SH is responsible for the day-to-day running of the NIC.

2. PROCESS DETAIL

2.1 The rules given here apply to all requests for names in the .SH domain and all sub-domains of .SH except where differing rules exist for a sub-domain. The rules for a sub-domain shall incorporate all the rules in this document along with such additional rules that are required. Agreement of the Management of NIC.SH shall be required if the rules of a sub-domain are to exclude any of the rules of this document. Their agreement shall not unreasonably be withheld.

2.2 Where a dispute over the interpretation of the rules exists, the Management of NIC.SH shall rule on the interpretation.

2.3 All NEW second and third level domain requests will conform to RFCs 1034, 1035, 1122, 1123 and any subsequent replacements. For designated zones the requests may be handled by a robot. This robot will apply the appropriate RFCs, the rules and a check against the list of existing domain names. It may also check that operating nameservers exist for the request.

2.4 If the rules are changed in the future, some names approved under one set of rules might be rejected under the revised rules. No rule change will ever affect the status of a name which has been approved before the change unless sound technical reasons require this.


3. MANDATORY RULES FOR SECOND LEVEL DOMAINS.

3.1 An applicant may reside in any legal jurisdiction and shall have obtained a professional or academic qualification, or hold valid membership of an Institute or Trade Association.

3.2 Single or two letter or number domain names are not allowed. Two letter ISO 3166 country codes and Country names are reserved.

3.3 There shall be at least two nameservers for the domain (with addresses specified in the request) operating at the time the request is submitted. There is no requirement for the nameserver to be physically located on The Island of Saint Helena. There is no restriction on the IP address of these nameservers.

4. MANDATORY RULES FOR THIRD LEVEL DOMAINS

4.1 An applicant must be resident on The Island of Saint Helena.

4.2 Two character names within an Third LD are allowed. i.e. 3x.com.sh

4.3 All second level names used by NIC.SH are banned from being used as third level names. e.g. com.com.sh would be banned as it is a second level name.

4.5 All top level domains are banned from being used as third level names. e.g. net.org.sh and org.com.sh are not allowed.

4.6 All One Letter domains (i.e.[a-z].xxx.sh) are reserved to cater for possible future sub-domain usage. The owner shall still maintain it unless they volunteer to relinquish it.

4.7 There shall be at least two nameservers for the domain (with addresses specified in the request) operating at the time the request is submitted. At least one nameserver must be physically located on Ascension. There is no restriction on the IP address of these nameservers.


5. RECORDS

Once an application has been approved a record will be created in NIC.SH's database where management of the zone is delegated to NIC.SH from which Web or NS records will be generated and loaded into NIC.SH's Register of Domain Names for the zone.

6. APPROPRIATE USE

No .SH domain may be used, directly or indirectly, for any purpose that is sexual or pornographic or that is against the statutory laws of any Nation. In the event of NIC.SH being advised by any party that a specific site breaches this condition then NIC.SH reserves the right to immediately deactivate the offending registration. The applicant may seek the reinstatement of any suspended domain name by seeking a determination by an Arbitrator appointed by the World Intellectual Property organisation.

7. UNSOLICITED COMMERCIAL E-MAIL (SPAM) MAIL POLICY

In the event that any .SH domain is used either directly or indirectly for the purpose of directing unsolicited electronic mail ("spam mail") either as the originator of the spam mail or as the address to which readers of spam mail are referred, then nic.SH reserves the right to send a cease and desist letter to the registered Administrative Contact of the specified SH domain name. Should the Administrative Contact of the SH domain name fail to adhere to the conditions contained in the warning letter, then nic.SH reserves the right to suspend the operation of the offending .SH domain name until the necessary assurances are obtained from the Administrative Contact.

TERMS & CONDITIONS
for the Registration of ".SH" Domain Names
The agreement between the Applicant and NIC.SH contains the following terms and conditions. By completing and submitting an application to NIC.SH for consideration and acceptance by NIC.SH, the applicant agrees that he/she has read and agrees to be bound by these terms and conditions 1 through 22 below.
1. Definitions.

"Registration Agreement" means, a completed application form, Terms and Conditions for the Registration of .SH Domain Names, Domain Rules, Dispute Resolution Policy;

"Applicant" means (i) the person(s) seeking the registration of an .SH Domain Name; (ii) the registered keeper to whom an .SH domain name has been allocated and entered into the Register of .SH Domain Names; or (iii)the registered keeper of the e-mail address of the Administrative Contact; and shall where appropriate include the Applicant's agent.

"NIC.SH" means the organisation and services provided by Internet Computer Bureau plc including any subcontractors directly employed;

"Domain Rules" means the Rules for the .SH Domain and sub-domain which can be found on the World Wide Web at /rules.html;

"Dispute Resolution Policy" means the Dispute Resolution Policy for Domain Names registered with NIC.SH which can be found on the World Wide Web at /dres.html ;

"Terms and Conditions" means the Terms and Conditions for Domain Names registered with NIC.SH which can be found on the World Wide Web at /terms.html;

"Administrative Contact" means the person or organisation responsible for the domain name and to whom all enquiries relating to the registered keeper of the specified Domain Name may be sent;

"Billing Contact" means the person or organisation responsible for paying the fees due to NIC.SH;

"Transferee" means a person or body to whom a Domain Name registered to an Applicant is assigned;

"registration" means all information supplied by the Applicant and contained within an NIC.SH data record;

"tradename" means a name used in the course of trade and by way of business;

Subject to clause 11, once payment has been received the Registration Agreement shall be deemed accepted at the offices of NIC.SH.

2. Fees and Payments.

2.1 If the Applicant uses an agent for the payment of fees, NIC.SH will first seek payment from the agent; but if the agent does not pay the fees for whatever reason, NIC.SH will have the right to recover the fees from the Applicant. The Applicant agrees to pay the registration fee as specified by the Applicant's agent (where applicable) or as specified in the NIC.SH Price schedule as consideration for the registration of an .SH domain name. Such payment shall validate the Registration Agreement and confirm acceptance by the Applicant of its terms.

2.2 The Applicant agrees that if the Registration Agreement is entered into by an agent for the Applicant, such as an ISP or Administrative Contact/Agent, the Applicant is nonetheless bound as a principal by all terms and conditions herein. The non-refundable fee covers a period of one (1) year for each new registration, and one (1) year for each renewal, and includes any permitted modification(s) to the domain name's record during the covered period.

2.3 The acceptance of these terms and conditions by any agent for the Applicant (whether by e-mail or other means) shall bind such agent as if he were a principal to the Registration Agreement and the agent by submitting the application confirms that he has notified the Applicant of the Terms and Conditions.

3. Data Protection.

The Applicant, the Applicant's agent (if applicable) and the Billing Contact grant consent for the Register of .sh Domain Names to include their names and contact details and other details relating to the Applicant's registration. This information (if it refers to individuals) is 'personal data' for the purposes of Data Protection legislation or any legislation replacing or re-enacting the same. NIC.SH shall be permitted by the named Applicant and the Billing Contact and or Applicant's Agent (who shall expressly obtain the consent of individuals whose personal data is to be held on the Register of .sh Domain Names and if such consent is withheld or withdrawn then the agent shall immediately terminate the registration) to allow other organisations and members of the public to access the data for the purpose of obtaining information about the registration of the Domain Name or any other related purpose.

4. Accuracy of information.

4.1 By submitting its application, the Applicant represents that any information provided in its application is accurate. Any information or any modification to registration information found to be false may lead to the cancellation of the registration.

4.2 The Applicant warrants that any future changes to this information required to maintain its accuracy will be provided to NIC.SH in an expeditious manner according to the domain name modification procedures in place at that time.

4.3 NIC.SH has no obligation to verify the accuracy of any information supplied by the Applicant and may rely on the Applicant's representations in this respect.

4.4 NIC.SH's remedies against the Applicant for any breach of this clause shall continue to be available notwithstanding any modification, surrender, cancellation or transfer of the registration of the Domain name.

5. Dispute Resolution.

5.1 The Applicant agrees that any dispute arising out of or in connection with the registration or use of a domain name shall be subject to the provisions specified in the Dispute Resolution Policy.

5.2 The Applicant agrees that NIC.SH, in its absolute discretion, may change or modify the Dispute Resolution Policy at any time. The Applicant agrees that if the Applicant considers any such changes or modifications to be unacceptable, the Applicant may request that the domain name be deleted from the domain name database, within 30 days of the date of modifications or changes. The Applicant agrees that by maintaining the registration of a domain name after changes or modifications to the Dispute Policy become effective constitutes the Applicant's continued acceptance of these changes or modifications.

6. Limitation of Liability

The Applicant agrees that it is technically impracticable to provide services free of faults and NIC.SH does not undertake to do so.

6.1 The Applicant agrees that NIC.SH shall have no liability to the Applicant for any loss
(i) in connection with NIC.SH's processing of any application for registration
(ii) in connection with NIC.SH's processing of any modification to the domain name record during the period of any registration
(iii)resulting from the refusal of NIC.SH to accept any application for registration (save to refund any fee paid by the Applicant to NIC.SH)
(iv) as the result of any failure on the part of the Applicant's agent to pay either the initial registration fee or any fee payable on renewal of registration
(v) as a result of the application of the Dispute Resolution Policy or the implementation by NIC.SH of any order or decision referred to in article 4 of the Dispute Resolution Policy.
Such claims shall include, without limitation, those based upon intellectual property trademark or service mark infringement, tradename infringement, dilution, tortious interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation. Such obligation shall continue in effect after the termination of the Registration Agreement.

6.2 The Applicant agrees that in no circumstances will NIC.SH be liable for any loss of profit loss of business or anticipated savings suffered by the Applicant howsoever incurred.

6.3 The Applicant agrees that NIC.SH will not be liable for any losses caused by loss of registration or loss of use of the Applicant's domain name or for interruption of business or any indirect special incidental or consequential losses of any kind (including lost profits) whether in contract, tort (including negligence) or otherwise.

6.4 Without prejudice to the foregoing the Applicant agrees that any liability of NIC.SH to the Applicant shall not exceed 125% of the registration or renewal fees paid by the applicant to NIC.SH for the current period of registration.

7. Non Agency and Non Waiver

Nothing contained within the Registration Agreement shall be construed as creating any agency, partnership or other form of joint enterprise between NIC.SH and the Applicant or between the Applicant and any other applicant.

8. Invalidity

In the event that any provision of the Registration Agreement shall be found to be unenforceable or invalid under applicable law or be so held by any applicable decision of a Court, such unenforceability or invalidity shall not render the Registration Agreement unenforceable or invalid as a whole. NIC.SH will use its best endeavours within one month of being notified that any such provision is unenforceable or invalid as aforesaid to substitute a valid and enforceable provision which achieves, to the extent possible, the original objectives and intent of NIC.SH as reflected in the original provision.

9. Indemnity.

The Applicant agrees that, by registration of a domain name, such registration does not confer immunity from objection to either the registration or use of the domain name by any party.

9.1 The Applicant shall hold NIC.SH and any of its directors, officers, employees, sub-contractors and agents harmless from any claim by a third party arising out of or in connection with

(1) the registration or use of a domain name or any other listing information or
(2) the implementation by NIC.SH of any order or decision referred to in article 4 of the Dispute Resolution Policy.

Such claims shall include, without limitation, those based upon intellectual property trademark or service mark infringement, tradename infringement, dilution, tortious interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation. Such obligation shall continue in effect after the termination of the Registration Agreement.

9.2 NIC.SH recognizes that certain educational and government entities may not be able to provide indemnification. If the Applicant is (i) a governmental or non-profit educational entity and (ii) not permitted by law or under its organisational documents to provide indemnification, the Applicant must notify NIC.SH in writing before making payment to NIC.SH and, upon receiving appropriate proof of such restriction, NIC.SH will provide an alternative indemnification provision for such an Applicant.

10. Burden to maintain accuracy rests with Applicant.

The Applicant acknowledges that NIC.SH does not have the legal obligation to screen information submitted by the Applicant to determine the accuracy of the information held by NIC.SH nor if the information may infringe upon the right(s) of a third party. It is the responsibility of the Applicant to ensure that such information remains accurate.

11. Right of Refusal and Cancellation.

11.1 NIC.SH, in its absolute discretion, reserves the right to refuse to approve the Registration Agreement for any Applicant. The Applicant agrees that the submission of an application does not obligate NIC.SH to accept the Registration Agreement. The Applicant agrees that NIC.SH shall not be liable for loss or damages that may result from NIC.SH's refusal to accept the Registration Agreement. If the application is not accepted, NIC.SH will notify the Applicant or the Applicant's agent and return any payments received.

11.2 In the event of a breach by the Applicant of any provision of the Registration Agreement, NIC.SH, in its discretion, shall have the right to cancel the registration, without any refund entitlements for the Applicant and without prejudice to any other remedies to which NIC.SH may be entitled.

12. Rules for the .sh domain.

NIC.SH will process the application and consider whether to accept or reject it in accordance with these terms and conditions including the criteria laid down in NIC.SH's Domain Rules in force at the time of the application for registration, transfer or renewal.

13. Transfer, Modification or Surrender of Domain Name.

The Applicant (either directly or via an agent) may transfer, modify or surrender the registration of the Domain Name via the appropriate email form. A domain name registration may be removed by requesting NIC.SH to delete the domain name entry by sending an e-mail from the registered administration e-mail account to which a confirmation e-mail will be sent and from which an acknowledgement must be received by NIC.SH before the requested action will be undertaken. Once the Domain Name and the Applicant's details have been entered in the Register of .sh Domain Names no refund of fees will be payable by NIC.SH. NIC.SH reserves the right to charge a fee for all transfers, modifications or deletions.

14. First Come, First Served.

NIC.SH is entitled to register Domain Names on a first come, first served basis. Applicants are advised not to take any steps in reliance upon the prospective registration of a Domain Name before it becomes a registration entered in the Register of .sh Domain Names.

15. Termination.

15.1 The Applicant may terminate the Agreement by having the registered domain name deleted from the .sh Register of Domain Names.

15.2 Termination of the Agreement shall not determine rights and obligations between the parties which are of a continuing nature nor shall modification, surrender, cancellation or transfer of the Domain Name extinguish any rights which have accrued under the terms of this agreement.

16. Intellectual Property rights.

NIC.SH does not accept any responsibility for the registration or use of any Domain Name or information generally held on the Register of .sh Domain Names and in particular for any conflict with trade marks, registered or unregistered, or with any other intellectual property rights.

17. Entirety of understanding.

The Applicant agrees that the Registration Agreement is the complete and exclusive agreement between the Applicant and NIC.SH regarding the registration of the Applicant's domain name. This Registration Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy, or precedent. Except where provided otherwise in the Registration Agreement including Articles 5.2, 13 and 19 of the Terms and Conditions, no variation may be made to the Registration Agreement unless such is in writing and signed by a duly authorised representative of the Applicant and NIC.SH.

18. Assignment.

The Registration Agreement may be assigned by NIC.SH. The Applicant may assign the Registration Agreement subject to any change made pursuant to clause 19 below, and transfer the registration of the Domain Name, by strict adherence to the procedure in force at the time of transfer and payment of the appropriate transfer fee applicable at the time of the transfer. No other method of assignment is permitted.

19. Renewal or Transfer

NIC.SH may vary the terms of the Registration Agreement on renewal or transfer of the registration of the Domain Name. All assignments and renewals will be pursuant to the Terms & Conditions current at the time of the transfer or renewal and, in the case of a transfer, as agreed by the Transferor.

20. Notice.

20.1 Save as otherwise provided in this clause any notice to be given under the Registration Agreement shall only be deemed to be served if delivered by hand or sent by pre-paid first class post, by fax or e-mail, to the party to whom it is given at its last known postal or e-mail address or fax number. The notice will be effective: if delivered by hand, on delivery; if sent by fax or e-mail, when the sender receives confirmation of receipt; and if sent by post, on the seventh day after posting.

20.2 Any notices to the Applicant concerning a dispute under the provisions of the Dispute Resolution Policy shall be validly delivered if sent by e-mail to the address of the Administrative Contact as specified in the Applicant's registration.

21. Clause headings.

Clause headings are for ease of reference and are not part of the Registration Agreement and accordingly shall not affect its interpretation.

22. Jurisdiction and applicable law.

The Registration Agreement shall be governed by English Law in every particular including information and interpretation and shall be deemed to have been made in England. Any legal action concerning the Registration Agreement shall be brought in England.

DISPUTE RESOLUTION POLICY
for Domain Names registered with NIC.SH
1.1 The Applicant is responsible for the selection of its own domain name and by submitting its application, the Applicant represents that:

(a) the registration of the domain name and any other listing information, to the best of the Applicant's knowledge, does not interfere with or infringe upon the rights of any third party;

(b) the registration will not be used for an unlawful purpose;

(c) the information provided in its application is accurate. Any information in the application found to be false may lead to the cancellation of the registration.

1.2 NIC.SH has no obligation to verify any information submitted to it by any Applicant and may rely upon the above representations.
1.3 The Applicant shall hold NIC.SH and any of its directors, officers, employees and agents harmless from any claim by a third party arising out of or in connection with the registration or use of a domain name or any other listing information.
2.1 NIC.SH shall not act as arbiter of disputes between the Applicant and a third party arising out of or in connection with the registration or use of a domain name or any other listing information.
2.2 The Applicant shall promptly notify NIC.SH of the commencement of any legal proceedings arising out of or in connection with the registration or use of a domain name or any other listing information. Following such notification, no copies of any communications between the parties to such proceedings shall be transmitted to NIC.SH.
3.1 The Applicant submits to the non-exclusive jurisdiction of the English courts for purposes of any court action brought against the Applicant arising out of or in connection with the registration or use of a domain name and the Applicant waives all rights to challenge such jurisdiction.
3.2.1 Any third party may bring an claim against the Applicant arising out of or in connection with the registration or use of a domain name or any other listing information before a WIPO (“World Intellectual Property organisation”) Arbitrator in accordance with the WIPO Expedited Arbitration Rules, As Adapted.
3.2.2 The proceedings before the WIPO Arbitrator shall be initiated by the filing of a Request for Arbitration with the WIPO Arbitration and Mediation Center.
3.2.3 Without prejudice to any determination of the WIPO Arbitrator with respect to the appointment of the costs of the arbitration and the provision of security for claims and costs in accordance with the WIPO Expedited Arbitration Rules, As Adapted, the remedies that may be awarded by the WIPO Arbitrator shall be limited to: (1) the provisional suspension of a registration for the duration of the proceedings, (2) the cancellation of a registration, and (3), subject to the agreement of the parties, a modification of the registration.
4. NIC.SH is bound to implement any order or decision of a court that is enforceable against it and any order or decision of a WIPO Arbitrator. The Applicant waives any right to pursue a claim against NIC.SH arising out of or in connection with the implementation by NIC.SH of any such order or decision, including the right to seek an injunction barring their implementation. The Applicant also shall hold NIC.SH and any of its directors, officers, employees and agents harmless from any such claim by a third party.
5. Where NIC.SH has been notified that legal proceedings have been commenced in relation to an Applicant’s entry, NIC.SH shall have the right to attach a notice to this effect to such entry and to bar the Applicant from modifying the entry during the course of the proceedings.
6.1 All notices in a WIPO arbitration shall be in accordance with the relevant provisions of the WIPO Expedited Arbitration Rules, As Adapted.
6.2 All notices in other legal proceedings shall be in writing and shall be delivered by hand, fax transmission, registered mail or other means of communication that provide a record thereof.
6.3 The Applicant is under the obligation to keep its contact details and in particular the e-mail address of its Administrative Contact specified in the Applicant's registration at all times up to date in accordance with article 4.2 of the Terms and Conditions. The Applicant acknowledges that such e-mail address may be relied upon for the purpose of serving any notices concerning a dispute under the provisions of this Policy and, in particular, for the purpose of serving the Request for Arbitration.