The registration of Domain Names under the ccTLD .pr -from now on to be referred to as NIC.pr- is administered by the Gauss Research Laboratory, Inc.
THE FOLLOWING TERMS ARE SUBJECT TO CHANGE.
2. GENERAL DISPOSITIONS
2.1 Entire Agreement
The registration agreement ("the Agreement") sets forth the terms and conditions as agreed by you ("the Registrant") and NIC.pr ("the Registry") with respect to the use and registration of a Domain Name issued by NIC.pr ("the Domain Name"). Any prior agreement, promise or condition, oral or written, explicitly or implied between the parties will be superseded in their entirety by this Agreement. It will be acknowledged by the parts involved that they will not rely in any other promise, representation or warranty, other than those contained herein, in executing this Agreement.
Every Registrant of a NIC.pr domain name manifests that he/ she acknowledges and agrees with this Agreement including its procedures, regulations and attachments relating to the registration, modification or deletion of a domain name. It is also acknowledged that any dispute relating to a .pr Domain Name will be resolved according to this Agreement. HENCE, BY REGISTERING A DOMAIN NAME WITH NIC.PR, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO BE BOUND BY THE SERVICE AGREEMENT SET FORTH HEREIN.
NIC.pr reserves the right to modify or change at any time and at its sole discretion any term contained in this Agreement as well as any policy or guideline incorporated by reference. It is acknowledged that a Registrant who does not manifest opposition to any change to or modification of this Agreement accepts such change or modification in its entirety. The continued use of the Domain Name provided by NIC.pr following a change to or modification of this Agreement constitutes an acceptance of such change or modification. Accordingly, any change or modification will be deemed effective immediately following the posting of these revisions on NIC.pr's website. It is your sole responsibility to keep up to date with regard to any change or modification made to this Agreement. NIC.pr has no obligation to contact the Registrant concerning changes to or modifications of this Agreement by means other than its publication on NIC.pr's website.
This agreement is written in the English language. For purposes of providing services to the Puerto Rican community, and other Spanish speaking jurisdictions, this text may be translated into the Spanish language. In the event of a difference in the meaning between the Spanish and English texts, the English text shall preside over the Spanish text.
2.5 Severability and Survivability
In the event that any provision of this Agreement is deemed invalid or unenforceable wholly or partially, either by a court of competent jurisdiction or any other competent authority, that provision shall be detached and shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect with respect to all other applications.
2.6. Term of Agreement
This Agreement shall be binding for as long as the Domain Name registration is provided and it will initiate its effects when the Domain Name is registered. This Agreement will automatically apply whenever the registration is renewed, upon payment of the renewal fees, on an annual basis, until the registration is terminated.
3.1 Administrative Contact
Person or organization responsible for a Domain Name and to whom all enquiries relating to the domain name may be sent.
Any legal entity with the authority to administer third party disputes arising from the use of a Domain Name administered by NIC.pr.
3.3 Billing Contact
Person or entity that is responsible to receive and attend payment notices and making renewal payments.
3.4 Domain Name
Means the .pr second or third level Domain Name assigned by the Registry to the Registrant.
3.5 Domain Name Management Interface
Software through which NIC.pr's Domain Name registrations are processed. It is also the means through which a Registrant or its contacts can perform administrative and technical procedures regarding a registered Domain Name.
The Registrant is the person or the juridical entity in whose name this Agreement has been concluded, and who holds the rights and obligations regarding the registration of a Domain Name.
3.7 Registration Agreement
The Registration Agreement includes the Domain Name Application Form, this Agreement, and the Uniform Domain Name Dispute Resolution Policy (UDRP).
3.8 Organizational Contact
Person or entity that registers a domain name and person or entity with which the Domain Name will be identified as holder or Registrant in the WHOIS.
3.9 Technical Contact
Person or entity responsible for the maintenance of the DNS service that is responsive to the Domain Name.
A new holder of the Domain Name, either a person or legal entity, to whom or to which the Domain Name is assigned or transferred.
Publicly available database.
4. APPLYING FOR REGISTRATION OF A DOMAIN NAME
4.1 Domain Name Characteristics
A Domain Name under the .pr extension must comply with the following characteristics:
(a) The length of a domain name, not including the extension, will
contain a minimum of three (3) characters and will not exceed 63
(b) A valid character for a domain name is a set of numbers from 0 to 9, letters from the English alphabet and the hyphen (-); For a complete description of valid characters for a domain name, please visit ; https://www.nic.pr/idn_rules.asp
(c) Domain names are not case sensitive;
(d) A domain name cannot begin or end with a hyphen (-) nor be comprised of two or more consecutive hypens (--).
4.2 Domain Name Management Interface
For purposes of applying for a Domain Name you will be asked to create an account that requires use of a Username and Password. That account will constitute the means by which you will administer your Domain Name once it has been registered with NIC.pr.
You hereby acknowledge and agree that it is your responsibility to protect your Username and Password from unauthorized access and use. NIC.pr will, under no circumstance, be liable for the unauthorized use or misuse of your Domain Management Interface Username and Password.
NIC.pr does not and will not share, under any circumstance, responsibility for any misuse, violation of law or any other conduct upon which Registrant is held liable.
4.4. Registrant's Warranty of Ownership and Non-Infringement
You hereby agree that it is your responsibility to determine whether the registration or use of a Domain Name infringes any third person's right, either locally or internationally.
4.5. Contact Information
Registrant hereby agrees to provide NIC.pr any information relating to Billing, Organizational, Technical and Administrative Contacts and any other required information needed for the Domain Name administration.
4.6. Warranty of truthfulness
Registrant warrants that all of the information provided for registration is true, exact and complete. It is also recognized and acknowledged that there is an obligation of the Registrant to update the contact information in the event of any change in the veracity and exactness of the information provided for the period in which the Domain Name is held by Registrant.
4.7. Disclosure and use of Information
You hereby acknowledge and agree that NIC.pr can disclose information you provide to any third party when applicable laws require or permit it, or when a competent Authority requires it. This information shall be kept in NIC.pr records as permitted by applicable laws, even after termination of the registration.
NIC.pr will not process information about any identifiable or identified natural person that we obtain from you in any way incompatible with the purposes set forth in this agreement.
4.8. Legal effects
The effects of registering and renewing a domain name occur when NIC.pr payment is received by NIC.pr.
All registration or renewals are final upon payment of the correspondent fee. There will be no refunds.
4.9. No guarantee of Registration or Renewal
Nic.pr does not guarantee that it will be able to either register or renew the desired domain name even if our systems indicate that a domain name is available. You hereby acknowledge that nic.pr is unable to know whether or not a domain name being sought by you is also being sought by a third person. Furthermore, nic.pr cannot certify or assure that the information displayed in nic.pr's data base is accurate or errorless. Nic.pr is not by any circumstance responsible for any error or inaccuracy in the domain name registration or renewal process. You (registrant) are solely responsible for ensuring the accuracy and proper processing of your renewal or registration. Nic.pr hereupon reserves the right to, at its sole discretion and for any reason, reject your application either for a domain name registration or renewal. Nic.pr will only inform you of the registration of a domain name, any rejection will not be informed to you under any circumstance. You will know a domain name has been rejected by your inability to register it.
4.10 Special terms affecting second level domain name registrations
Nic.pr will not process registration applications for generic second level domain names.
5. DOMAIN NAME FEES
5.1 Fee payments
You agree to pay for all charges attributable to the Registration at the current NIC.pr price for all applicable fees, including but not limited to the initial registration fee and renewal fees. NIC.pr may at any time and at its sole discretion, amend the rates and charges for any future usage and services. In the event of an amendment to an applicable fee, if you continue using your Domain Name, it will be conclusively presumed that you consent to the new terms, conditions and fee prices. You, (Registrant) are responsible for keeping up to date with any change in applicable fees. These changes will be made public at NIC.pr's web page. Any change to an applicable fee will not have retroactive effects but will apply to renewals of Domain Names after such change.
Every fee applicable to a Domain Name must be paid in advance according to the then current prices. Any amount resulting from a returned check and/or declined credit card fees will be paid by Registrant. Registrant's failure to fully pay any fees and surcharges within five (5) days after the applicable expiration date will result in the deletion of the Domain Name and it will render a Domain Name available to others for registration.
5.2 Payment Notices
NIC.pr may provide payment notices sixty (60) and thirty (30) days previous to a Domain Name's expiration date. These notices will be sent to domain name Billing Contact's email. NIC.pr will not be responsible if the Billing Contact's email has changed or is unavailable.
NIC.pr may send a third notice on the date the payment is due. Upon the receipt of this notice, the Registrant or its Billing Contact will have a five (5) day period in which payment will have to be made, otherwise, the domain name will be deleted and will be available for registration by a third person.
NIC.pr is not obligated to send payment notices by a form other than email and non reception of notice will not constitute a valid excuse for not making a payment. NIC.pr will not be liable for failure to send payment notices. It will be Registrant's sole responsibility to know when a payment is due and for making prompt payment of any applicable fee.
NIC.pr will not send payment invoices unless deemed necessary by NIC.pr. Every Registrant will have access to a desired invoice by requesting it through NIC.pr's Web page. Failure to receive invoices or errors in an invoice shall not constitute a valid excuse for not paying any applicable fee.
5.4. Currency and applicable fees
Every fee applicable to a domain name use shall be paid in US dollars only. NIC.pr will not honor any payment received in other currencies. Any fee, tax or particular payable amount resulting from the conversion of any currency to US dollars will be the sole responsibility of Registrant. You hereby acknowledge that any payment received in a currency different than US dollars shall be considered not received and the domain name attempted to be paid might be deleted and therefore, be available for others for registration.
6. DOMAIN NAME MODIFICATIONS
A modification constitutes a change or actualization to the information NIC.pr requests in order to register a domain name. A Registrant or its authorized agents are the only permitted to perform changes to the information relating to a domain name. Given that all modifications to a domain name are to be performed via NIC.pr's Domain Management Interface, you (Registrant) must acknowledge that it is your responsibility to protect the security of your Password and Username. All the procedures involving modification of a Domain Name are subject to change.
6.1 Information that may be modified
(a) Name of Organizational Contact.
You may modify the name of the Organizational Contact provided that this does not amount to a change in the identity of the Registrant.
(b) Contact details including but not limited to email addresses, postal addresses or data relating to the Administrative, Technical or Billing contacts.
(c) DNS data, including but not limited to the change of the DNS's name or address or the addition of a DNS.
(d) The character composition of a Domain Name cannot be modified under any circumstance. Similarly, the extension (.com.pr, .net.pr, etc.) of a Domain Name cannot be modified.
7. DOMAIN NAME TRANSFERS
7.1 Change of Registrant or Registrar
Transfer of a Domain Name means either an inter registrar transfer or transfer in the identity of the Registrant.
In order to transfer a Domain Name to another Registrant or to another Registrar, you are required to notify NIC.pr of your transfer intent and provide NIC.pr with proper information regarding the identity of the transferee. Proper information shall consist of every data required for registration of a Domain Name, (WHOIS information) including but not limited to: billing, administrative and organizational contacts, corresponding email addresses, telephone number, etc.
Additionally, you must provide NIC.pr with evidence of a Domain Name transferal agreement or any other evidence that constitutes sufficient proof that the Domain Name is being transferred with your consent and acknowledgment, including the current Registrant's name and signature.
You also hereby acknowledge that this agreement will be enforceable on any person or entity and their respective successors and assignees to which you transfer a domain name.
8. DOMAIN NAME DELETION
Deletion of a Domain Name means that a particular Domain Name will not be resolved by its DNS and that such Domain Name will be available for registration by a third person.
A Domain Name will be deleted:
(a) As requested by its registrant personally or through its agents, or authorized administrative contacts. Every request must be performed by the registrant or authorized person through NIC.pr's interface. Once the domain name has been deleted, an email confirming its deletion will be sent to the billing contact. NIC.pr will not honor any request for deletion of a domain name received by means other than NIC.pr's Domain Management Interface, unless found necessary.
(b) By resolution of a competent authority, whether it is the result of an arbitration procedure or a court resolution.
(c) Due to failure to pay any applicable fee.
(d) Nic.pr reserves the right to delete any domain name that nic.pr understands is being used unlawfully, improperly or in violation of a third person's legal rights concerning intellectual property laws or any other applicable legislation or policy. Nic.pr also reserves the right to delete a domain name which use threats to expose or has the potential to expose Nic.pr to civil or criminal liability or public ridicule. Nic.pr will not be liable for monetary damages arising from elimination of a domain name whether it is the result of implementation of a court order or arbitration resolution or a cancellation following a misuse of a domain name or any of the reasons here mentioned.
(e) A domain name will also be deleted when a breach of this agreement occurs.
8.1 Special Restrictions for second level domain names
You agree that you will not sell any subdomain generated from a second level domain name. If Nic.pr obtains information that when corroborated indicates that registrant has sold a subdomain, it will constitute a breach of this agreement and Nic.pr will have the right to delete the domain name.
9. DOMAIN NAME DISPUTES
This Agreement shall be governed by the laws of the Commonwealth of Puerto Rico without regard to choice of law or conflict of law provisions. Except with regard to third party claims, the parties consent to the exclusive jurisdiction of the courts of San Juan, Puerto Rico and the federal courts situated therein in connection with any action arising from or in association with this Agreement.
In order to enable a fast and cheap resolution of third party disputes involving .pr Domain Names, the UDRP complements this Agreement.
You acknowledge that, in the course or as a result of UDRP proceedings, your Domain Name may be blocked, cancelled, or transferred to a third party. You acknowledge that you have read, understood and agreed to be bound by all Terms and Conditions set forth in the Internet Corporation of Assigned Names and Numbers (ICANN) Uniform Domain Name Dispute Resolution Policy (hereinafter: UDRP), which is hereby incorporated and made part of this agreement for NIC.pr's Domain Name registrations and renewals.
9.3 UDRP Dispute Resolution Providers
Complaints under the UDRP Domain Name UDRP may be submitted to the following Dispute Resolution Service Providers: the World Intellectual Property Organization (WIPO) or the National Arbitration Forum (NAF). This shall not constitute an impediment to any party involved to initiate a proceeding in a state or federal court with jurisdiction to resolve any dispute concerning a Domain Name.
9.4 Compliance with Resolutions
NIC.pr hereupon agrees to comply with all subpoenas and court orders that appear to be lawful and valid, including subpoenas and court orders requesting information about the Registrant or the Registrant's use of a Domain Name administered by NIC.pr.
Furthermore, you hereby consent that NIC.pr reserves the right to report activities that may be potentially criminal or detrimental to third party's intellectual property rights or any activity which may threaten to harm the integrity or operation of NIC.pr's business and systems. Among the information NIC.pr may disclose to competent authorities is: user profile information (i.e., name, contact information, e-mail address, etc.), IP addresses, traffic information, usage history, and any other content residing on NIC.pr's servers and systems.
You hereby agree and acknowledge that NIC.pr shall not be liable for any temporary delay, service interruption or any failure to perform its obligations under this agreement as result of any cause beyond NIC.pr's reasonable control.
NIC.pr shall not be liable for involuntarily disclosing registration information due to errors in transmission or unauthorized acts by third parties. Furthermore, it is agreed by Registrant that it will indemnify and hold the NIC.pr, its directors, agents and employees, harmless against all costs, expenses and losses incurred through claims of third parties against such party based on the actions or omissions of the indemnifying party or any breach of any representation or warranty.
10.1 Service Maintenance
You hereby agree that NIC.pr reserves the right to temporarily suspend its services for the purpose of maintaining, repairing or upgrading its systems and network.
10.2. Force Majeure
Neither party shall be liable for any loss, harm, costs or delay resulting from an "act of God" or force Majeure event such as: fire, natural disaster, strike or labor stoppage, war or military hostilities, epidemics and such. NIC.pr hereby agrees that any payment date shall be extended to the extent of any delay resulting from any force majeure event.
NIC.pr will procure to maintain up to standard performance of the services contracted under this Agreement. Nevertheless, NIC.pr cannot guarantee or warrant, either expressly nor implicitly that service will be continued, errorless or uncorrupted. NIC.pr shall not be liable for the inadvertent disclosure, corruption or erasure of data transmitted or received or sorted on the NIC.pr system. Furthermore, NIC.pr shall not be made responsible or liable for any claim or damage which may be suffered by Registrant or Registrant's customers, including, but not limited to, losses or damages of any nature, resulting from the loss of data, inability to access the Internet, or inability to transmit or receive information, directly or consequently caused by, delays or service interruptions.