Policy Overview

The policies for the .AF country code Top Level Domain ("af ccTLD") are set by the Network Information Centre Ministry Communications ("af NIC") and have been jointly developed with stake-holders and other members of the Council of Country Code Administrators.

Policies are designed to reflect the legal systems, values, and diversity of the Afganistan community. These policies seek to balance the historical principals of fairness and access to the DNS with the concerns of registrants and internet users regarding privacy, lawful activity and protection of intellectual property and other third party rights. This is at times a difficult task and Registrants should be aware that the Afganistan ccTLD policies are under continuous review.

The Afganistan ccTLD Policies are incorporated into the Registration Agreement. The NIC will attempt to contact registrants when the polices are ammended or modified, Registrants must maintain truthful and correct contact details and check the policies not less frequently than every thirty (30) days.

Domain Names are registered for fixed periods, at the time of registration the registrant is deemed to have agreed to enter into a registration agreement with af NIC regardless of which registrar the registrant uses.

This binding agreement is an exchange of rights for responsibilities. af NIC as the Trustee for the Afganistan ccTLD grants a limited right to use a domain provided the use is both lawful and consistent with policy set by af NIC.

af NIC takes the view that although the Afganistan ccTLD may under certain circumstances be managed as a public resource; a Afganistan Domain name is resolved due to the .af registry systems and servers which exist on an entirely private network. Use of the af NIC network is governed by the af NIC Acceptable Use Policy (AUP) and other applicable af NIC policies.

af NIC does not get involved with disputes over rights to particular domains. af NIC may suspend or revoke a domain if the use of a Afganistan Domain is unlawful or infringes on the rights of a third party. By way of example af NIC policy does not attempt to screen or pre-emptively restrict the registration of a domain name which might be similar or identical to a registered trademark, however registrants should be aware that if the use of a Afganistan Domain name clearly infringes on the rights of a third party as defined in the af NIC AUP, or is any way unlawful then that domain name may be suspended or revoked on receipt of a formal complaint.

Unless there are aggravating circumstances (such as an imminent threat to health or safety, evidence of on-going or planned illegal activity including child pornography, pirated software downloads, etc) registrants will be given an opportunity to reply to a complaint, and if applicable, remedy the violation prior to action being taken to suspend or revoke a Afganistan Domain. A af NIC domain name will not be transferred to a third party because they assert a better right, but it might be suspended for violation of those parties rights.

Privacy

af NIC will provide some level of protection of an individuals personal contact details, however this protection is designed not to hide the identity of a registrant but to lessen the likelihood of abuse or harassment by spam, or other schemes. af NIC considers that the Afganistan ccTLD database should be treated as a public database and will release a registrants contact details to third parties in the circumstances provided for in the af NIC Privacy Policy.

Conditions for Registration

Before a prospective Registrant can secure the registration of a particular Domain Name, five (5) conditions must be met:

The Registrant must provide current, complete and accurate Registrant Information to af NIC.
The Registrant must acknowledge having read and understood, and must accept and agree to be bound by, the Afganistan ccTLD Registration Agreement.
The Registrant must acknowledge having read and understood, and must accept and agree to be bound by, the Afganistan ccTLD Policies, including the Acceptable Use Policy and Dispute Policy.
The Registrant must submit, and an accredited registrar must receive, the appropriate payment for registration of the Domain Name in accordance with the Payment Policy set by the registrar.
The Registrant's application to register a Domain Name must be accepted.
Term of Registration and Renewal Policy

All Domain Names are registered for limited periods. Specifically, Registrants may choose to register a domain for the following time periods: one (1) year; two(2) years, or three (3) years. In the absence of successful legal challenge which has resulted in a court order being issued, the Registrant has the right of first refusal to renew the registration of the Registrant's Domain Name. This right expires sixty (60) days after the last day of the initial term or then existing term of registration for which payment has been received by an accredited registrar.

Governing Law/Forum Selection.

The Registrant agreement and af NIC policies and rules are governed by the laws of Afganistan applicable to contracts made and performed in the Territory of Afganistan, without regard to conflict of laws principles. The Registrant hereby consents to the exclusive personal jurisdiction of Afganistan, for any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to the Domain, this Agreement, or af NIC Policies.

Effective Date January 15th 2011

This REGISTRANT AGREEMENT (the "Agreement") is entered into, by and between the .AF domain name registrant ("Registrant") and Ministry of Communications and IT "Ministry of Communications and IT". Additional agreements, if any, may be entered into between the Registrant and accredited registrars relating to domain name services in the .AF TLD provided by such accredited registrars, provided that no such additional agreement may waive, alter, or supersede any provision of this Agreement. If there is any conflict between such additional agreements and this Agreement, this Agreement shall control.


TERMS AND CONDITIONS:

1. By applying to register one or more .AF domain names (the ".AF Domain name(s)") with an accredited registrar in the .AF ccTLD (hereinafter referred to as an "Application") or by using one or more .AF Domain name(s), the Registrant acknowledges that it has read and agrees to be bound by all terms and conditions of this Agreement as well as the following documents, policies, and agreements which are incorporated into this Agreement by this reference and which shall hereinafter (together with this Agreement) be referred to as the "Ministry of Communications and IT Policies":

The registration rules

The .AF ccTLD Policies

The Privacy Policy

The Ministry of Communications and IT Acceptable Use Policy ("AUP")

The Ministry of Communications and IT Complaint Resolution Service rules and policies

Other Ministry of Communications and IT rules or policies that are now, or may in the future, be published by Ministry of Communications and IT.

The Ministry of Communications and IT Policies apply to all domains and sub-level domains which end in the suffix .AF and explain the rights and obligations between Ministry of Communications and IT and the Registrant. Those parts of the Ministry of Communications and IT Policies, which are not part of the text of this Agreement, are incorporated into this Agreement by this reference. Ministry of Communications and IT may accept the Application by facilitating registration and resolution of the .AF Domain name(s); such acceptance shall be deemed to have occurred at the Ministry of Communications and IT's principal place of business in Afghanistan.

Ministry of Communications and IT may modify the Ministry of Communications and IT Policies from time to time. Ministry of Communications and IT shall post (publish on or link to) the Ministry of Communications and IT Policies on Ministry of Communications and IT's web site. Revised Ministry of Communications and IT Policies become effective thirty (30) calendar days after posting. Ministry of Communications and IT may inform registrants of changes to Ministry of Communications and IT Policies via email and the Registrant agrees that such email shall not be considered spam; however, Ministry of Communications and IT shall not be obligated to provide such notice via email. The Registrant's use of the .AF Domain name(s) following the effective date constitutes the Registrant's acceptance of the revised Ministry of Communications and IT Policies. In the event that the Registrant does not wish to be bound by the revised Ministry of Communications and IT Policies, the Registrant's sole remedy is to cancel the registration of the .AF Domain name(s), following the appropriate Ministry of Communications and IT Policies regarding such cancellation.

2. Registration Fee.

The Registrant shall pay to an accredited registrar the appropriate registration fee ("Registration Fee") applicable at the time the Registrant submits its Application to such accredited registrar. Payment of Registration Fees shall be made in accordance with the requirements of the accredited registrars and Ministry of Communications and IT Policies are effective at the time the Registrant submits such payment. All Registration Fees paid pursuant to this Agreement are non-refundable except as provided for herein. It shall be the responsibility of the accredited registrar to pay a separate registration fee owed to the Ministry of Communications and IT by such registrar and no Application will be accepted until such separate registration fee is paid. It shall not be the duty of the Ministry of Communications and IT to refund any Registration Fee or other fee to the Registrant in the event of non-performance by such registrar, since the disposition of such Registration Fee is being a matter of performance of a contract between the Registrant and such registrar.

3. Term and Renewal Term.

The Registrant's exclusive registration of the .AF Domain name shall continue for the term specified in an accepted Application (the "Term"). The Registrant may have the right to renew a registration in accordance with the Ministry of Communications and IT Policies in effect at the end of the Registrant's then current Term.

4. Registrant Information.

The Registrant shall ensure that: (i) the information submitted by or on behalf of the Registrant to the .AF ccTLD registry in connection with registration of the .AF Domain name(s) or otherwise ("Registrant Information") will during the Term comply with the Ministry of Communications and IT Policies and is and will remain true, current, complete, accurate, and reliable; and (ii) the Registrant shall maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable by notifying Ministry of Communications and IT immediately of a change to any such information in accordance with the appropriate Ministry of Communications and IT Policy relating to modifications to the Registrant Information. Ministry of Communications and IT reserves and may exercise the right to terminate the Registrant's registration of the .AF Domain name if (i) information provided by the Registrant to Ministry of Communications and IT is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) the Registrant fails to maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable. The Registrant acknowledges that a breach of this Section will constitute a material breach of this Agreement, which will entitle Ministry of Communications and IT to terminate this Agreement immediately upon such breach without any refund of the Registration Fee and without notice to the Registrant.

(i) The Registrant acknowledges that all personal information about the Registrant which is supplied to Ministry of Communications and IT or an accredited registrar is held for the benefit of the Afghanistan and global Internet communities and may be required to be publicly disclosed to third parties and used to maintain a public "WHOIS" service, provided that such disclosure is consistent with the Ministry of Communications and IT Policies.

(ii) Registrants must provide the following information to Ministry of Communications and IT or its accredited registrar:



* Legally recognized first and last name (surname) of the contact person for the Registrant (this contact person may be the Registrant itself).

* If the Registrant is an organization, association, Limited Liability Company, Proprietary Limited Company, or other legally recognized entity, the contact person must be a person authorized under the applicable law in the applicable territory to legally bind the entity.

* Valid postal address of the Registrant.

* Functioning e-mail address of the Registrant.

* Working telephone number for the Registrant, including country code, area code, and proper extension, if applicable.



Providing true, current, complete, and accurate contact information is an absolute condition of registration of a .AF Domain name within the .AF ccTLD. If any Registrant Information provided during registration or subsequent modification to that information is false, inaccurate or misleading, or conceals or omits pertinent information, Ministry of Communications and IT may instruct the registry to terminate, suspend or place on hold the .AF Domain name(s) of any Registrant without notification and without refund to the Registrant; and

(iii) The Registrant is responsible for keeping the Registrant Information up to date and responding in a timely fashion to communications regarding the .AF Domain name or other .AF domains registered by them.

(iv) The Registrant may be requested to submit content, material, web page(s) or URL(s) accessed through the Ministry of Communications and IT network to the manufactures of Internet content filters listed on the Ministry of Communications and IT website Cocca.org.nz, and such request shall be a binding obligation.

5. Agents.

The Registrant understands, acknowledges and agrees that by using the .AF Domain name, the Registrant ratifies and is bound by this Agreement (including the Ministry of Communications and IT Policies incorporated into this Agreement) even if an agent (such as an Internet Service Provider, Domain name retailer, or employee) entered into this Agreement on the Registrant's behalf, and even if the Registrant has not itself read this Agreement. Further, the Registrant is responsible for all information submitted by its agent. Ministry of Communications and IT will not cancel this Agreement, or refund any fees, because of any errors or omissions by the agent in the registration process or thereafter (e.g. if such agent provides incorrect Registrant Information), as such apparent authority will suffice to bind the Registrant. By acting on the Registrant's behalf, such agent represents and warrants to the Registrant and Ministry of Communications and IT that the agent is authorised to bind the Registrant hereto and that it has fully and thoroughly advised the Registrant of the terms and conditions of this Agreement (including the Ministry of Communications and IT Policies incorporated into this Agreement).

6. Scope of Registration.

On payment of the Registration Fee to the registrar and after payment by the registrar to the Ministry of Communications and IT of the separate registration fee and after acceptance of the Application, the Registrant will be entitled to a licence for the exclusive use of the domain name resolution services relating to the .AF Domain name for the Term. However, the Registrant shall not use, display, exploit, or register a .AF Domain name in any manner which may constitute illegal activity or be in contravention or violation of Ministry of Communications and IT Policies. The Registrant acknowledges that a breach of this Section will constitute a material breach of this Agreement, which will entitle Ministry of Communications and IT to terminate this Agreement immediately upon such breach without any refund of the Registration Fee. The Ministry of Communications and IT or an accredited registrar may, in such party's sole discretion, refuse registration of or discontinue to provide services with respect to the Registrant's desired .AF Domain name within thirty (30) calendar days from receipt of payment of the Registration Fee by the accredited registrar. In case of such refusal without cause ("cause" being defined as dishonouring any payment made to an accredited registrar and/or Ministry of Communications and IT or any violation of the Ministry of Communications and IT Policies), Ministry of Communications and IT shall refund to the accredited registrar the separate registration fee received by the Ministry of Communications and IT and the registrar shall refund to the Registrant the Registration Fee. Neither Ministry of Communications and IT nor an accredited registrar shall be liable for any loss, damage, or other injury whatsoever resulting from Ministry of Communications and IT or registrar's refusal to register or to discontinue services in relation to the Registrant's desired .AF Domain name.

7. Registrant Representations and Warranties.

The Registrant represents, warrants, and guarantees that:

(i) the Registrant understands that registration entitles the Registrant only to a licence for the use of the domain name resolution services relating to the .AF Domain name for the Term and that use of such services is subject to this Agreement (including the Ministry of Communications and IT Policies) and other pertinent rules and laws, including those concerning trade marks and other types of intellectual property, as these may now exist or be revised from time to time;

(ii) tthe best of the Registrant's knowledge and belief, neither the registration of the .AF Domain name nor the manner in which it is to be directly or indirectly used infringes the legal rights or intellectual property rights of a third party;

(iii) theRegistrant will use, display, or exploit the .AF Domain name in good faith, and in accordance with the laws of Afghanistan, international law, and applicable state laws and regulations, and will not use the .AF Domain name in any way which may violate a subsisting right of Ministry of Communications and IT or any third party;

(iv) the information provided by the Registrant is true and accurate, and the Registrant will update said information immediately if it changes;

(v) the Registrant is either (a) an identifiable human individual (over the age of 18 years); or (b) a legally recognized statutory entity (such as a Limited Liability Company, Partnership, Association, Society or Proprietary Limited Company);

(vi) the Registrant will promptly notify Ministry of Communications and IT of any actual or threatened proceedings brought in respect of the words used as or incorporated in the .AF Domain name whether by or against the Registrant;

(vii) the Registrant will not, directly or indirectly, through registration or use of the .AF Domain name or otherwise:

(a) register a .AF Domain name for the purpose of diverting trade from another business or website;

(b) deliberately register as a .AF Domain name misspellings of another entity's personal, company or brand name in order to pass-off or trade on the business, goodwill or reputation of another;

(c) grant or purport to grant a security interest or other encumbrance on or over the .AF Domain name unless such security interest or other encumbrance does not exceed the limited rights of the Registrant in the .AF Domain name, does not impair the Registrant's ability to fulfil the Registrant's obligations under this Agreement, and does not impose obligations on the Ministry of Communications and IT beyond the obligations owed by the Ministry of Communications and IT to a registrant in the absence of such a security interest or encumbrance;

(viii) the Registrant meets and will continue to meet for the whole of the Term any eligibility criteria prescribed in the Ministry of Communications and IT Policies for registering and using the .AF Domain name;

(ix) that the Registrant will maintain the Registrant Information provided pursuant to Section according to the requirements of Section;

(x) the Registrant has not previously submitted an application for registration of a domain name for the same character string with another registrar where:

(a) the Registrant is relying on the same eligibility criteria for both domain name applications; and

(b) the character string has previously been rejected by the other registrar;

(xi) any content, material or web page contained on any Uniform Resource Locator ("URL"), web site or web page accessing, utilising or accessed by means of the .AF Domain name complies with the Ministry of Communications and IT Acceptable Use Policy and does not constitute or contain any illegal or prohibited content, including, but not limited to indecent, obscene, or pornographic material (as described more fully in the Ministry of Communications and IT Acceptable Use Policy), whether incorporated directly into or linked from a web site resolved via a .AF Domain name;

(xii) the use of the .AF Domain name and of any web page or URL accessed by or utilising the .AF Domain name will comply with the requirements of the Ministry of Communications and IT Acceptable Use Policy and Ministry of Communications and IT recommended policies including, without limitation, those policies relating to spam.

8. Ministry of Communications and IT Representations and Warranties.

Ministry of Communications and IT represents, warrants, and guarantees that:

(i) Ministry of Communications and IT manages the .AF top level domain name in trust for the Afghanistan Community;

(ii) Ministry of Communications and IT has the full right, power, legal capacity, ability, and authority to enter into this Agreement, and to carry out the terms and conditions hereof notwithstanding the disclaimer below;

(iii) Ministry of Communications and IT will process the Registrant's Application and consider whether to accept or reject it in accordance with the criteria laid down in this Agreement (including the Ministry of Communications and IT Policies);

(iv) Ministry of Communications and IT will, if the Application is successful, use its reasonable endeavours to ensure that the details supplied by the Registrant are entered into and maintained in the .AF zone file; and

Ministry of Communications and IT's breach or misrepresentation of these warranties shall constitute a material breach of this Agreement. In the event of such material breach by Ministry of Communications and IT, the Registrant's only recourse against Ministry of Communications and IT shall be to terminate its Agreement with Ministry of Communications and IT. Ministry of Communications and IT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE MAXIMUM EXTENT POSSIBLE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND AGAINST INFRINGEMENT. Ministry of Communications and IT DOES NOT GUARANTEE ANY INFORMATION PROVIDED TO THE REGISTRANT BY IT OR ITS AGENTS NOT INCORPORATED INTO THIS AGREEMENT AND, ACCORDINGLY, NO SUCH INFORMATION CREATES ANY EXPRESS OR IMPLIED WARRANTY. Ministry of Communications and IT's SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE REGISTRANT AGREES THAT Ministry of Communications and IT WILL REGISTER DOMAIN NAMES ON A FIRST COME, FIRST SERVED BASIS. Ministry of Communications and IT DOES NOT GUARANTEE THAT ANY DOMAIN APPLIED FOR BY THE REGISTRANT WILL BE AVAILABLE OR WILL BE SUCCESSFULLY REGISTERED, AND THE REGISTRANT AGREES THAT IT DOES NOT HAVE ANY RIGHT OF OWNERSHIP IN A REGISTERED DOMAIN.

9. Breach.

Failure of a Registrant to abide by any provision of this Agreement (including the Ministry of Communications and IT Policies) may be considered a material breach. In the event of such material breach, Ministry of Communications and IT may provide a written (including email) notice to the Registrant describing the breach. The Registrant in such event then has thirty (30) days to rectify or cure such breach or to provide evidence reasonably satisfactory to Ministry of Communications and IT that there is no breach of this Agreement or Ministry of Communications and IT Policies. In the event of a breach that is not rectified, cured or refuted by the Registrant to Ministry of Communications and IT's satisfaction, Ministry of Communications and IT may cancel the Registrant's registration of and licence to use the .AF Domain name without refund and without further notice, and pursue any and all legal remedies it may have against the Registrant. Any such breach by the Registrant shall not be deemed excused in the event that Ministry of Communications and IT did not act earlier in response to the breach by Registrant. In the event of a breach which, in the opinion of the Ministry of Communications and IT or an accredited registrar, causes immediate harm to the public interest or the Ministry of Communications and IT Network or which violates any applicable law or regulation, then an accredited registrar and/or the Ministry of Communications and IT may modify, suspend, or terminate services to the Registrant without written notice, the modification, suspension, or termination of services constituting notice to Registrant that such a breach has occurred. See Section below for important limitations on the liability of Ministry of Communications and IT and accredited registrars with regard to good faith acts by such parties under this Section.

10. Disputes Involving Registrants.

The Registrant acknowledges that Ministry of Communications and IT cannot, and does not, screen or otherwise review any Application to verify that the Registrant has legal rights to use a particular character string as or in a .AF Domain name. In the event that any party disputes the Registrant's legal right to use, display, exploit, or register the .AF Domain name in any fashion, including allegations that prohibited material (as defined in the Ministry of Communications and IT Acceptable Use Policy) is displayed on or linked to from a website which is resolved via a .AF Domain name, Ministry of Communications and IT and the Registrant shall act in accordance with and agree to be bound by Ministry of Communications and IT's Complaint Resolution Policy and Service. The Registrant is strongly encouraged to, prior to applying for registration of the .AF Domain name, perform a trade mark search with respect to the acronyms, words and/or phrases comprising the .AF Domain name. The Registrant will be solely liable in the event that the Registrant's use of a .AF Domain name constitutes an infringement or other violation of a third party's rights.

11. Indemnity.

The Registrant shall defend, indemnify, and hold harmless Ministry of Communications and IT, the registry operator, accredited registrars and such parties' officers, directors, shareholders, owners, managers, employees, agents, contractors, affiliates, lawyers and attorneys ("Ministry of Communications and IT Related Parties") from and against any and all claims of third parties or made by the Registrant, including, but not limited to all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable lawyers or attorneys' fees (which lawyers or attorneys shall be hired at the sole discretion of the indemnified party) and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Agreement, the registration or use of the indemnified party's domain registration or other services, or to the .AF Domain name itself, including the Registrant's use, display, exploitation, or registration of the .AF Domain name, as well as for any infringing or otherwise damaging content displayed or otherwise made available on or by means of the .AF Domain name. If an indemnified party is threatened by claims or suit of a third party, the indemnified party may seek written assurances from the Registrant concerning the Registrant's indemnification obligations. Failure to provide such written assurances is a material breach of this Agreement. Failure of the Registrant to fully indemnify the indemnified party in a timely manner may result in termination, suspension, or modification of the domain name registration services and any such termination, suspension, or modification shall in no way prejudice or substitute for an indemnified party's right to seek indemnification by way of litigation or otherwise.

12. DISCLAIMER AND LIMITATION OF LIABILITY.

The Registrant acknowledges and agrees that, to the maximum extent possible, Ministry of Communications and IT AND THE Ministry of Communications and IT RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER WAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, Ministry of Communications and IT AND Ministry of Communications and IT RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR SERVICES RELATED TO THE DOMAIN NAME.

IN THE EVENT THAT Ministry of Communications and IT OR A Ministry of Communications and IT RELATED PARTY TAKES ACTION WITH RESPECT TO A .AF DOMAIN NAME PURSUANT TO SECTION, WHICH ACTION IS REVERSED, MODIFIED, OR ACKNOWLEDGED TO HAVE BEEN INCORRECT BY Ministry of Communications and IT, A Ministry of Communications and IT RELATED PARTY, BY OR THROUGH THE Ministry of Communications and IT COMPLAINT RESOLUTION SERVICE, OR BY A COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY, THAT Ministry of Communications and IT AND Ministry of Communications and IT RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER THEREBY, EVEN IF Ministry of Communications and IT OR Ministry of Communications and IT RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF Ministry of Communications and IT OR Ministry of Communications and IT RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT.

IN ADDITION, Ministry of Communications and IT AND Ministry of Communications and IT RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE .AF TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF Ministry of Communications and IT OR Ministry of Communications and IT RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF Ministry of Communications and IT OR Ministry of Communications and IT RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR Ministry of Communications and IT OR Ministry of Communications and IT RELATED PARTIES' BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF Ministry of Communications and IT OR Ministry of Communications and IT RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO Ministry of Communications and IT OR Ministry of Communications and IT RELATED PARTIES BY THE REGISTRANT.

13. Notices.

Notices to Ministry of Communications and IT shall be delivered by registered or certified mail, postage prepaid, or reputable commercial courier service (e.g., Express Mail or Federal Express) in the manner of quickest delivery (i.e., overnight delivery, if possible) to:

Ministry of Communications and IT

Kabul

Afghanistan



Email:

aimal.marjan@mcit.gov.af This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Voice:

+93 20 2103883

Fax:

+93 20 2103700



Notices mailed by registered or certified official mail of a country shall be deemed delivered on receipt.

Notices to Registrant shall be delivered by registered or certified mail, postage prepaid, or reputable commercial courier service (e.g., Express Mail or Federal Ex press) in the manner of quickest delivery (i.e., overnight delivery, if possible) or, in the sole discretion of the Ministry of Communications and IT or a Ministry of Communications and IT Related Party, by email or fax to the Registrant Information.

14. Governing Law / Forum Selection.

For all disputes in which the Ministry of Communications and IT may be or is a party to the dispute, this Registrant Agreement shall be exclusively governed by the laws of Afghanistan applicable to contracts made and performed in Afghanistan, without regard to conflict of laws principles. The Registrant hereby consents to the exclusive personal jurisdiction of the courts of Afghanistan, for any and all claims or disputes directed against the Ministry of Communications and IT and which arise out of, purport to enforce, construe, or otherwise relate to the .AF Domain name, this Agreement, or Ministry of Communications and IT Policies. The exclusive venue for such action shall be the Courts of Afghanistan. The Registrant waives any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and the Registrant waives any statutory or other right pursuant to the laws of the jurisdiction in which Registrant resides to have a case relating to this Agreement adjudicated or resolved in that jurisdiction. By way of information and not as a term binding against the Ministry of Communications and IT, disputes not involving the Ministry of Communications and IT as a party may be governed by a governing law and/or forum selection clause contained in a separate agreement, if any, between the Registrant and such other disputant (for example, disputes between and accredited registrar and a Registrant may be governed by a separate agreement, if any, between the Registrant and the accredited registrar); provided, however, that no such separate agreement may modify or waive either Ministry of Communications and IT's or Registrant's consent to exclusive choice of law, jurisdiction, and venue in Afghanistan and the courts of Afghanistan for disputes in which the Ministry of Communications and IT is or may be a party, as described above.

15. OWNERSHIP OF INFORMATION AND DATA.

Registrant agrees and acknowledges that Ministry of Communications and IT and/or any Ministry of Communications and IT delegee shall own all database, compilation, collective and similar rights, title and interests worldwide in any domain name database(s), and all information and derivative works generated from the domain name database(s) and that such domain name database may include, without limitation, (a) the original creation date of domain name registration(s), (b) the expiration date of domain name registration(s), (c) the name, postal address, e-mail address, voice telephone number, and, when available, fax number of all contacts for domain name registration(s), (d) any remarks concerning registered domain name(s) that appear or should appear in the WHOIS or similar information repositories, and (e) any other information generated or obtained in connection with providing domain name registration services. Ministry of Communications and IT and/or any Ministry of Communications and IT delegee shall not have any ownership interest in a single Registrant's specific Registration Information outside of Ministry of Communications and IT and/or any Ministry of Communications and IT delegee's rights in one or more domain name database(s).

16. Severability.

If any provision of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall not be affected thereby and shall continue in full force and effect as nearly as possible to reflect the original intention of Ministry of Communications and IT and the Registrant in executing this Agreement.

17. No Waiver.

The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party.

18. Full Integration.

This Agreement, together with the Ministry of Communications and IT Policies expressly incorporated herein by reference, constitutes the entire agreement between the Registrant and Ministry of Communications and IT relating to the .AF Domain name. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this Agreement, and this Agreement supersedes all prior written, oral, or electronic agreements between the Registrant and Ministry of Communications and IT relating to the .AF Domain name. Additional agreements, if any, may be entered into between the Registrant and accredited registrars relating to domain name services in the .AF TLD provided by such accredited registrars, provided that no such additional agreement may waive, alter, or supersede any provision of this Agreement nor may such an additional agreement impose any obligation upon Ministry of Communications and IT without Ministry of Communications and IT's express written consent. If there is any conflict between such additional agreements and this Agreement, this Agreement shall control.

19. Written Agreement.

This Agreement constitutes a written agreement between Registrant and Ministry of Communications and IT even though the Registrant's Application may be dispatched electronically, and even though Ministry of Communications and IT may accept the Application electronically. A printed version of this Agreement, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.

20. Assignment.

The parties agree that Ministry of Communications and IT is able to assign this Agreement to a third party without prior written notice to the Registrant.

21. Survival of Obligations.

The parties agree that clauses 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 shall survive the expiry or termination of this Agreement.

THIS AGREEMENT IS EFFECTIVE AND BINDING as of the date of acceptance hereof by Ministry of Communications and IT (i.e., the date of registration of the .AF Domain name).

Disputes Involving Registrants.

The Registrant acknowledges that Ministry of Communications and IT cannot, and does not, screen or otherwise review any Application to verify that the Registrant has legal rights to use a particular character string as or in a .AF Domain name. In the event that any party disputes the Registrant's legal right to use, display, exploit, or register the .AF Domain name in any fashion, including allegations that prohibited material (as defined in the Ministry of Communications and IT Acceptable Use Policy) is displayed on or linked to from a website which is resolved via a .AF Domain name, Ministry of Communications and IT and the Registrant shall act in accordance with and agree to be bound by Ministry of Communications and IT's Complaint Resolution Policy and Service. The Registrant is strongly encouraged to, prior to applying for registration of the .AF Domain name, perform a trade mark search with respect to the acronyms, words and/or phrases comprising the .AF Domain name. The Registrant will be solely liable in the event that the Registrant's use of a .AF Domain name constitutes an infringement or other violation of a third party's rights.