The Pitcairn Islands Office provides this web site located at www.pitcairn.pn (this "Site") and related domain name registration services (collectively, the "Service") subject to your compliance with the terms and conditions set forth below ("Terms of Service"). Please read the Terms of Service carefully because it constitutes a legally binding contract between you and the Pitcairn Islands Office and governs your use of this Site. BY USING THIS SITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE AND THE ASSOCIATED POLICIES OF THIS SITE.
1.
ADDRESS AND CONTACT INFORMATION
Pitcairn Islands Office
Private Box 105 696,
Auckland, New Zealand
e-mail: registrations@pitcairn.gov.pn
Ph: +64 9 366 0186 fax:
+64
9 366 0187
2.
SERVICES PROVIDED BY .PN
We provide a domain name
registration
service that enables users to register second level Internet domain
names
within the .PN top level domain. Although we will attempt to
accommodate
your request for a particular domain name, we do not guarantee that you
will
receive the name you have requested or that you will have the legal
right
to use any domain name you register. For more information about
registering
domain names, review the Registration
Agreement
(the "Registration Agreement").
3.
USE OF THE SITE
As a condition of your use
of
the Service, you warrant to The Pitcairn Islands Office that you will
not use the Service for any purpose that is unlawful or prohibited by
these
Terms of Service. The Pitcairn Islands Office expressly
prohibits
any unauthorized commercial use of the Service or the resale of the
Service.
You agree to abide by all applicable local, state, national and
international
laws and regulations and are solely responsible for all acts or
omissions
that occur under your account. The Pitcairn Islands Office has
no
obligation to monitor the Service or any user's use thereof or retain
the
content of any user session. However, The Pitcairn Islands Office
reserves
the right at all times to monitor, review, retain and/or disclose any
information
as it deems necessary, in its sole discretion, to satisfy any
applicable
law, regulation, legal process or governmental request.
4.
INTELLECTUAL PROPERTY
All text, graphics and
multimedia content available from this Site and pages within this Site
and all related code, HTML, other mark-up languages, and all scripts
within this Site ("Intellectual Property") are the property of The
Pitcairn Islands Office and are protected by copyright,
trademark and other intellectual property laws. The
Intellectual Property may not be copied, reproduced, republished,
modified, uploaded,
posted, transmitted
or distributed in any way. Unless otherwise expressly permitted in
writing
by the owner of the Intellectual Property, the use of the Intellectual
Property
on any third party website or computer environment is prohibited.
If you believe any material on this Site is infringing your copyrights or the copyrights of a third party, please contact us immediately.
5.
.PN POLICIES
You acknowledge and
understand that by accepting the Terms of Service, you agree to be
bound by any pertinent rules, policies or agreements that have been or
in the future may be adopted by The Pitcairn Islands Office
(the ".pn Policies") and
which are or in the future
may be posted on this Site.
6.
ACCURATE INFORMATION
As a condition of your use
of
the Services, you agree to: (1) provide current, complete and accurate
information
where required in the application or registration process; and (2)
maintain
and update this information as needed to keep it current, complete and
accurate.
7.
THIRD PARTIES
You understand that The
Pitcairn
Islands Office may permit third party product and service
providers
("Third Party Vendors") to advertise their products and services on
this
Site ("Third Party Products") or have links to their own websites
("Linked
Sites"), in order to facilitate the provision of Third Party Products
to
you. However, you acknowledge and agree that at no time is The Pitcairn
Islands Office making any representation or warranty regarding any
Third
Party
Products, nor will The Pitcairn Islands Office be liable to you
or
any third party for any claims arising from or in connection with such
Third
Party Products. You also understand and agree that the Linked Sites are
not
under the control of The Pitcairn Islands Office and we are not
responsible
for the contents of any Linked Site or any link contained in a Linked
Site,
or any changes or updates to such Linked Sites. The Pitcairn Islands
Office
is not responsible for webcasting or any other form of transmission
received
from any Linked Site. The Pitcairn Islands Office is providing
these
links to Linked Sites to you only as a convenience, and the inclusion
of
any link does not imply endorsement by The Pitcairn Islands Office
of the Linked Site.
8.
WAIVER OF CLAIMS
By accessing or using this
Site,
you hereby and forever waive any and all claims you have now or may
have
in the future against The Pitcairn Islands Office relating to
any
infringement of the trademark rights, right of publicity or privacy, or
other
intellectual property rights you may have in any word or name
registered as a domain
name in
the .PN top level domain. You hereby disclaim and waive any rights and
claims
you may have against The Pitcairn Islands Office with respect to
Third
Party Products or Linked Sites, to the maximum extent permitted by law.
YOU HEREBY WAIVE ANY CLAIM THAT THE FOREGOING LIMITATION OF LIABILITY DEPRIVES YOU OF AN ADEQUATE REMEDY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR THE SERVICE IS TO STOP USING THIS SITE AND/OR THE SERVICE. YOU FURTHER AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR USE OF THE SERVICE OR OTHERWISE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.
9.
LIMITATION OF LIABILITY
You specifically agree
that The
Pitcairn Islands Office shall not be liable for losses or
liabilities arising in connection with your use of this Site or the
Service, including, but not limited to loss or liability:
a.arising in connection with your use of the Domain Name Registration Service;
b.resulting from data non-delivery, data mis-delivery or unauthorized access to transmissions or data;
c.resulting from acts of nature, over which humans have no control;
d.resulting from the unauthorized use or misuse of your account number or password;
e.from threatening, defamatory, obscene, offensive or illegal content or conduct of any third party;
f.arising in connection with your infringement of a third party's right, including intellectual property rights;
g.resulting from errors, omissions or misstatements in any and all information or services provided by The Pitcairn Islands Office to you;
h.resulting from the development or interruption of your website;
i.from your inability to use a domain name registered to you;
j.that you may incur in connection with The Pitcairn Islands Office's processing of your application for the Service; or
k.resulting from the application of The Pitcairn Islands Office's Dispute Policy.
WITHOUT LIMITING THE
FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PITCAIRNS
ISLANDS Office SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY
ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR
PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF
OR RELATING IN ANY WAY TO THIS SITE, THE
TERMS OF SERVICE OR THE SERVICE, OR INFORMATION CONTAINED WITHIN THIS
SITE,
WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR
OTHERWISE,
WHETHER LIABILITY IS ASSERTED IN CONTRACT
OR TORT (INCLUDING
NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE
OF WHETHER YOU HAVE
ADVISED THE
PITCAIRN ISLANDS Office OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
10.
INDEMNIFICATION
You agree to release,
indemnify, defend and hold The Pitcairn Islands Office, officers
and employees, harmless from any liabilities, claims, demands, losses,
costs and expenses, or damages, including attorneys' fees, asserted by
any third party ("Claims") due to or arising out of your use of or
conduct on this Site or the Service. Without limiting the generality of
the foregoing, you specifically agree to
release, indemnify, defend and hold The Pitcairn Islands Office,
officers
and employees, harmless from any Claims due to or arising out of your
indication
of interest, registration or attempted registration of any domain name
in
the .PN top level domain.
11.
NO WARRANTIES
THE SERVICE AND THIS SITE,
INCLUDING
ANY CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS" AND
"AS
AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND
NON-INFRINGEMENT.
IN PARTICULAR, BUT WITHOUT LIMITATION, THE PITCAIRN ISLANDS OFFICE
DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES
IT
AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PITCAIRN
ISLANDS OFFICE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE
USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS
OF
ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU
UNDERSTAND
AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS
SITE
AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE
TO
YOUR COMPUTER OR LOSS OF DATA.
12.
LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS
Unless otherwise
specified, all
materials and services in this Site are presented solely for the use
in
Pitcairn Island. The Pitcairn Islands Office controls and
operates
this Site from its offices within New Zealand, and all transactions
conducted
on the Site are conducted in New Zealand. The Pitcairn Islands Office
makes no representation that materials in this Site are appropriate or
available
for use in other locations. Those users who choose to access this Site
from
other locations do so on their own initiative and are responsible for
compliance
with local laws, if and to the extent local laws are applicable. Use of
or
access to this Site should not be construed as the purposeful availment
of
the benefits or privilege of doing business in any country other than
Pitcairn
Islands by The Pitcairn Islands Office.
13.
MODIFICATIONS
You acknowledge that the
domain
name system and the practice of registering and administering domain
names
are evolving, and therefore, you agree that The Pitcairn Islands Office
shall have the right, in its sole discretion, to modify the .pn
Policies
from time to time. Any such modification shall be binding and effective
immediately
upon posting of the modified .pn Policies on this Site. You agree
periodically to
review this
Site to be aware of
any
such modifications. The Pitcairn Islands Office reserves the
right
to withdraw, suspend or discontinue, in its sole discretion, any
functionality
or features in this Site, including the cessation of all activities and
services
associated with this Site.
14. GENERAL PROVISIONS
a.No Relationship
Created.
You agree that no joint
venture,
partnership, employment, or agency relationship exists between you and
The
Pitcairn Islands Office as a result of the Terms of Service or
your
use of the Service.
b.Compliance with Laws.
The Pitcairn Islands
Office's performance of the Terms of Service is subject to
existing laws and legal process, and nothing contained in the Terms of
Service is in derogation of
The Pitcairn Islands Office's right to comply with governmental,
court
and law enforcement requests or requirements relating to your use of
the
Service or information provided to or gathered by The Pitcairn Islands
Office
with respect to such use.
c.Severability.
If any part of the Terms
of
Service is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or
unenforceable provision will
be deemed superseded by a valid, enforceable provision that most
closely matches
the intent of the original provision and the remainder of the Terms of
Service
shall continue in effect. If no enforceable provision can be
substituted,
then that provision shall be deemed severable from the Terms of Service
and
shall not affect the validity and enforceability of any remaining
provisions.
d.Electronic Form.
A printed version of the
Terms
of Service and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or
relating to the Terms
of Service to the same extent and subject to the same conditions as
other
business documents and records originally generated and maintained in
printed
form.
e.Governing Law;
Jurisdiction.
The Terms of Service shall
be
governed by, construed and enforced in accordance with the laws of
Pitcairn Island, without regard to its conflicts of law principles. You
shall bring any action to enforce the Terms of Service or in connection
with any matters related to this Site only in Pitcairn Island. You
expressly consent to the
jurisdiction of said courts. Use of the Service is unauthorized in any
jurisdiction
that does not give effect to all provisions of the Terms of Service,
including
without limitation this paragraph.