NIDS | .nf ccTLD Registrant Agreement
This REGISTRANT AGREEMENT (the "Agreement") is entered into, by and between the .nf domainname registrant ("Registrant") and Norfolk Island Data Services(“NIDS”). Additional agreements, if any,
may be entered into between the Registrant and registrars relating to services provided by such registrars,
provided that no such additional agreement may waive, alter, or supersede any provision of thisAgreement. If there is any conflict between such additional agreements and this Agreement, thisAgreement shall control.
TERMS AND CONDITIONS:
1.

By applying to register one or more .nf domain names (the “.nf Domain name(s)”) with an
registrar in the .nf TLD (hereinafter referred to as an “Application”) or by using one or more .nf
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 “NIDS Policies”:
The NIDS Acceptable Use Policy (“AUP”)
The NIDS Privacy Policy
The NIDS Complaint Resolution Service
Other NIDS rules or policies that are now, or may in the future, be published by NIDS.
The NIDS Policies apply to all domains and sub-level domains which end in the suffix .nf andexplain the rights and obligations between NIDS and the Registrant. Those parts of the NIDS
Policies, which are not part of the text of this Agreement, are incorporated into this Agreementby this reference. NIDS may accept the Application by facilitating registration and resolution of
the .nf Domain name(s); such acceptance shall be deemed to have occurred at the NIDS’s
principal place of business on Norfolk Island.
NIDS may modify the NIDS Policies from time to time. NIDS shall post (publish on or link to)
the NIDS Policies on NIDS’s web site. Revised NIDS Policies become effective thirty (30)
calendar days after posting. NIDS may inform registrants of changes to NIDS Policies via email
and the Registrant agrees that such email shall not be considered spam; however, NIDS shall not
be obligated to provide such notice via email. The Registrant's use of the .nf Domain name(s)following the effective date constitutes the Registrant’s acceptance of the revised NIDS Policies.
In the event that the Registrant does not wish to be bound by the revised NIDS Policies, theRegistrant’s sole remedy is to cancel the registration of the .nf Domain name(s), following theappropriate NIDS Policies regarding such cancellation.

2.

Registration Fee. The Registrant shall pay to an registrar the appropriate registration fee(“Registration Fee”) applicable at the time the Registrant submits its Application to suchregistrar. Payment of Registration Fees shall be made in accordance with the requirements of theregistrars and NIDS policies that are effective at the time the Registrant submits such payment.
All Registration Fees paid pursuant to this Agreement are non-refundable except as provided forherein. It shall be the responsibility of the registrar to pay a separate registration fee owed to the
NIDS by such registrar and no Application will be accepted until such separate registration fee
is paid. It shall not be the duty of the NIDS to refund any Registration Fee or other fee to theRegistrant 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 suchregistrar.

3.

Term and Renewal Term. The Registrant's exclusive registration of the .nf Domain name shallcontinue for the term specified in an accepted Application (the “Term”). The Registrant may havethe right to renew a registration in accordance with the NIDS Policies in effect at the end of theRegistrant’s then current Term.

NIDS | .nf ccTLD Registrant Agreement
4.

Registrant Information. The Registrant shall ensure that:(i) the information submitted by or on behalf of the Registrant to the .nf ccTLD registry
in connection with registration of the .nf Domain name(s) or otherwise ("Registrant
Information") will during the Term comply with the NIDS 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 NIDS immediately of a change to
any such information in accordance with the appropriate NIDS Policy relating tomodifications to the Registrant Information. NIDS reserves and may exercise the rightto terminate the Registrant’s registration of the .nf Domain name if (i) information
provided by the Registrant to NIDS is false, inaccurate, incomplete, unreliable,
misleading or otherwise secretive; or (ii) the Registrant fails to maintain, update, andkeep the Registrant Information true, current, complete, accurate, and reliable. The
Registrant acknowledges that a breach of this Section will constitute a material breachof this Agreement, which will entitle NIDS to terminate this Agreement immediately
upon such breach without any refund of the Registration Fee and without notice to theRegistrant.
The Registrant acknowledges that all personal information about the Registrant which is supplied
to NIDS or an registrar is held for the benefit of the Norfolk Island and global internet
communities and may be required to be publicly disclosed to third parties and used to maintain apublic “WHOIS” service, provided that such disclosure is consistent with the NIDS Policies.
Registrants must provide the following information to NIDS or its registrar:•

Legally recognized first and last name (surname) of the contact person for theRegistrant (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 absolutecondition of registration of a .nf Domain name within the .nf 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, NIDS may
instruct the registry to terminate, suspend or place on hold the .nf Domain name(s) of
any Registrant without notification and without refund to the Registrant; and(i)

The Registrant is responsible for keeping the Registrant Information up to date andresponding in a timely fashion to communications regarding the .nf domains registeredby them.

(ii)

The Registrant may be requested to submit content, material, web page(s) or URL(s)accessed through the NIDS registry to the manufactures of internet content filters listedon the NIDS website [insert link], and such request shall be a binding obligation.

NIDS | .nf ccTLD Registrant Agreement
5.

Agents. The Registrant understands, acknowledges and agrees that by using the .nf Domain name,the Registrant ratifies and is bound by this Agreement (including the NIDS 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. NIDS 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 theRegistrant. By acting on the Registrant’s behalf, such agent represents and warrants to theRegistrant and NIDS 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 NIDS 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 NIDS of the 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 .nf Domain name for the Term. However, the Registrant shall not use, display, exploit, or
register a .nf Domain name in any manner which may constitute illegal activity or be incontravention or violation of NIDS Policies. The Registrant acknowledges that a breach of thisSection will constitute a material breach of this Agreement, which will entitle NIDS to terminate
this Agreement immediately upon such breach without any refund of the Registration Fee. NIDS
or a registrar may, in such party’s sole discretion, refuse registration of or discontinue to provide
services with respect to the Registrant's desired .nf Domain name within thirty (30) calendar days
from receipt of payment of the Registration Fee by the registrar. In case of such refusal withoutcause (“cause” being defined as dishonouring any payment made to an registrar and/or NIDS or
any violation of the NIDS Policies), NIDS shall refund to the registrar the separate registration
fee received by the NIDS and the registrar shall refund to the Registrant the Registration Fee.
Neither NIDS nor a registrar shall be liable for any loss, damage, or other injury whatsoever
resulting from NIDS or registrar’s refusal to register or to discontinue services in relation to theRegistrant’s desired .nf 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 forthe use of the domain name resolution services relating to the .nf Domain name for theTerm and that use of such services is subject to this Agreement (including the NIDS
Policies) and other pertinent rules and laws, including those concerning trademarks andother types of intellectual property, as these may now exist or be revised from time to
time;

(ii)

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

the Registrant will use, display, or exploit the .nf Domain name in good faith, and inaccordance with the laws of Australia, international law, and applicable state laws andregulations, and will not use the .nf Domain name in any way which may violate asubsisting right of NIDS 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);

NIDS | .nf ccTLD Registrant Agreement

8.

(vi)

the Registrant will promptly notify NIDS of any actual or threatened proceedings brought
in respect of the words used as or incorporated in the .nf Domain name whether by oragainst the Registrant;(vii)

the Registrant will not, directly or indirectly, through registration or use of the .nf
Domain name or otherwise:(a)register a .nf Domain name for the purpose of diverting trade from anotherbusiness or website;(b)deliberately register as a .nf 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.nf Domain name unless such security interest or other encumbrance does notexceed the limited rights of the Registrant in the .nf Domain name, does not
impair the Registrant’s ability to fulfil the Registrant’s obligations under thisAgreement, and does not impose obligations on the NIDS beyond the obligations
owed by the NIDS 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 NIDS Policies for registering and using the .nf Domain name;(ix)that the Registrant will maintain the Registrant Information provided pursuant toaccording to the NIDS requirements;(x)

the Registrant has not previously submitted an application for registration of a domainname for the same character string with another registrar where:(a)the Registrant is relying on the same eligibility criteria for both domain nameapplications; 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 .nf Domain namecomplies with the NIDS 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 NIDS Acceptable Use Policy),
whether incorporated directly into or linked from a web site resolved via a .nf Domain
name;

(xii)

the use of the .nf Domain name and of any web page or URL accessed by or utilising the.nf Domain name will comply with the requirements of the NIDS Acceptable Use Policy
and NIDS recommended policies including, without limitation, those policies relating to
spam.

NIDS Representations and Warranties. NIDS represents, warrants, and guarantees that:(i)

NIDS manages the .nf top level domain name in trust for the Norfolk Island Community;(ii)

NIDS has the full right, power, legal capacity, ability, and authority to enter into thisAgreement, and to carry out the terms and conditions hereof notwithstanding thedisclaimer below;

NIDS | .nf ccTLD Registrant Agreement(iii)

NIDS or a designated agent, 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 NIDS Policies);(iv)

NIDS will, if the Application is successful, use its reasonable endeavours to ensure thatthe details supplied by the Registrant are entered into and maintained in the .nf zone file;
andNIDS’s breach or misrepresentation of these warranties shall constitute a material breach of thisAgreement. In the event of such material breach by NIDS, the Registrant's only recourse against
NIDS shall be to terminate its Agreement with NIDS. NIDS 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 PARTICULARPURPOSE, AND AGAINST INFRINGEMENT. NIDS DOES NOT GUARANTEE ANY
INFORMATION PROVIDED TO THE REGISTRANT BY IT OR ITS AGENTS NOTINCORPORATED INTO THIS AGREEMENT AND, ACCORDINGLY, NO SUCHINFORMATION CREATES ANY EXPRESS OR IMPLIED WARRANTY. NIDS’s
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE
REGISTRANT AGREES THAT NIDS WILL REGISTER DOMAIN NAMES ON A FIRST
COME, FIRST SERVED BASIS. NIDS DOES NOT GUARANTEE THAT ANY DOMAINAPPLIED FOR BY THE REGISTRANT WILL BE AVAILABLE OR WILL BE
SUCCESSFULLY REGISTERED, AND THE REGISTRANT AGREES THAT IT DOES NOTHAVE ANY RIGHT OF OWNERSHIP IN A REGISTERED DOMAIN.
9.

Breach. Failure of a Registrant to abide by any provision of this Agreement (including the NIDS
Policies) may be considered a material breach. In the event of such material breach, NIDS 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 NIDS that there is no breach of this Agreement or NIDS Policies. In
the event of a breach that is not rectified, cured or refuted by the Registrant to NIDS’s satisfaction,
NIDS may cancel the Registrant’s registration of and licence to use the .nf Domain name without
refund and without further notice, and pursue any and all legal remedies it may have against theRegistrant. Any such breach by the Registrant shall not be deemed excused in the event that
NIDS did not act earlier in response to the breach by Registrant. In the event of a breach which,in the opinion of the NIDS or an registrar, causes immediate harm to the public interest or the
NIDS registry or which violates any applicable law or regulation, then an registrar and/or the
NIDS may modify, suspend, or terminate services to the Registrant without written notice, themodification, suspension, or termination of services constituting notice to Registrant that such a
breach has occurred. See section 11 below for important limitations on the liability of NIDS andregistrars with regard to good faith acts by such parties under this Section.

10.

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

NIDS | .nf ccTLD Registrant Agreement
11.

Indemnity. The Registrant shall defend, indemnify, and hold harmless NIDS, the registry
operator, registrars and such parties’ officers, directors, shareholders, owners, managers,
employees, agents, contractors, affiliates, lawyers and attorneys ("NIDS Related Parties") fromand 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 arisingunder this Agreement, the registration or use of the indemnified party’s domain registration orother services, or to the .nf Domain name itself, including the Registrant's use, display,
exploitation, or registration of the .nf Domain name, as well as for any infringing or otherwise
damaging content displayed or otherwise made available on or by means of the .nf 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 resultin 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 anindemnified party’s right to seek indemnification by way of litigation or otherwise.

12.

DISCLAIMER AND LIMITATION OF LIABILITY. The Registrant acknowledges andagrees that, to the maximum extent possible, NIDS AND THE NIDS RELATED PARTIESSHALL 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 RELATEDTO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY,NIDS AND NIDS 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 OFSERVICE 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 NIDS OR A NIDS RELATED PARTY TAKES ACTION WITHRESPECT TO A .nf DOMAIN NAME, WHICH ACTION IS REVERSED, MODIFIED, OR
ACKNOWLEDGED TO HAVE BEEN INCORRECT BY NIDS, A NIDS RELATED PARTY,BY OR THROUGH THE NIDS COMPLAINT RESOLUTION SERVICE, OR BY A COURT,THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY, THATNIDS AND NIDS RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR
ANY DAMAGES THAT THE REGISTRANT MAY SUFFER THEREBY, EVEN IF NIDS OR
NIDS RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCHDAMAGES, AND EVEN IF NIDS OR NIDS RELATED PARTIES MAY FORESEE SUCHPOSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCHCIRCUMSTANCES 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 ONLYPOSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT.
IN ADDITION, NIDS AND NIDS RELATED PARTIES ARE NOT LIABLE WHATSOEVER
FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICEOR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOTSERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS ORINTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD,UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS

NIDS | .nf ccTLD Registrant Agreement
IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THISAGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, REDELEGATION OF THE .nf TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY,
EVEN IF NIDS OR NIDS RELATED PARTIES HAVE BEEN ADVISED OF THE
POTENTIAL FOR SUCH DAMAGES, AND EVEN IF NIDS OR NIDS RELATED PARTIES
MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FORNIDS OR NIDS RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT
THE SOLE DISCRETION OF NIDS OR NIDS 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 DIRECTDAMAGES 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 NIDS OR
NIDS RELATED PARTIES BY THE REGISTRANT.
13. Notices. Notices to NIDS 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 ofquickest delivery (i.e., overnight delivery, if possible) to:
Norfolk Island Domain Administration Limited
c/o CoCCA Registry Services (NZ) Limited
11a Wynyard Street, Devonport
Auckland, New Zealand
Notices should also be scanned and sent by email to notices@NIDS.org.nf
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 ofquickest delivery (i.e., overnight delivery, if possible) or, in the sole discretion of the NIDS or a
NIDS Related Party, by email or fax to the Registrant Information.
14. Governing Law / Forum Selection. For all disputes in which the NIDS may be or is a party to thedispute, this Registrant Agreement shall be exclusively governed by the laws of Australia
applicable to contracts made and performed in Australia, without regard to conflict of laws
principles. The Registrant hereby consents to the exclusive personal jurisdiction of the courts ofAustralia, for any and all claims or disputes directed against the NIDS and which arise out of,
purport to enforce, construe, or otherwise relate to the .nf Domain name, this Agreement, or NIDS
Policies. The exclusive venue for such action shall be the Courts of Australia. The Registrant
waives any right to object to venue or jurisdiction based on inconvenient forum or for any otherreason, and the Registrant waives any statutory or other right pursuant to the laws of thejurisdiction 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 NIDS,
disputes not involving the NIDS 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 otherdisputant (for example, disputes between and registrar and a Registrant may be governed by aseparate agreement, if any, between the Registrant and the registrar); provided, however, that nosuch separate agreement may modify or waive either NIDS’s or Registrant’s consent to exclusive
choice of law, jurisdiction, and venue in Australia and the courts of Australia for disputes inwhich the NIDS is or may be a party, as described above.
15. OWNERSHIP OF INFORMATION AND DATA. Registrant agrees and acknowledges that NIDS
and/or any NIDS delegee shall own all database, compilation, collective and similar rights, title

NIDS | .nf ccTLD Registrant Agreement
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 nameregistration(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. NIDS and/or any
NIDS delegee shall not have any ownership interest in a single Registrant’s specific Registration
Information outside of NIDS and/or any NIDS delegee’s rights in one or more domain namedatabase(s).
16. Severability. If any provision of this Agreement is held invalid, unenforceable, or void, theremainder of the Agreement shall not be affected thereby and shall continue in full force andeffect as nearly as possible to reflect the original intention of NIDS and the Registrant inexecuting 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 waiverof such right or remedy with respect to any other breach or failure by the other party.
18. Full Integration. This Agreement, together with the NIDS Policies expressly incorporated hereinby reference, constitutes the entire agreement between the Registrant and NIDS relating to the.nf 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 priorwritten, oral, or electronic agreements between the Registrant and NIDS relating to the .nf
Domain name. Additional agreements, if any, may be entered into between the Registrant andregistrars relating to domain name services in the .nf TLD provided by such 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 NIDS without NIDS’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
NIDS even though the Registrant's Application may be dispatched electronically, and eventhough NIDS 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 injudicial or administrative proceedings to the same extent, and subject to the same restrictions, asother business contracts, documents, or records originally generated and maintained in printed
form.
20. Assignment. The parties agree that NIDS 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 shallsurvive the expiry or termination of this Agreement.
THIS AGREEMENT IS EFFECTIVE AND BINDING as of the date of acceptance hereof by NIDS (i.e.,the date of registration and of the .nf Domain name).