.bh Domains Dispute & Policy
Last Update 20 August 2012. All domain name registrations are subject to our registration agreement and dispute resolution policy. ICANN has adopted a universal Dispute Policy Resolution Policy that clearly states that all disputes will be handled legally with respect to the rules and regulations of the .BH extension and all applicable laws of Bahrain. For more information about the Dispute Policy, please contact 101Domain. In the event that the Domain Name is registered, you agree to be bound by the Dispute Policy that is incorporated herein by reference and made a part hereof. For more information about this policy, please contact 101Domain. In disputes arising between the Domain Applicant and the Registrar in connection with conformity to the Rules and Procedures the opinion of the Registrar, or if requested by the Registrar, that of the Registry shall be decisive. In case of disputes arising between the Registrar and the Registry the opinion of the Registry shall be determinant.
Terms & Conditions
Batelco e-Services site is comprised of various Web pages operated by Batelco or its affiliates. Batelco e-Services site is offered to the user upon the user's unconditional acceptance without modification of the terms, conditions, and notices contained herein. Subject to using the Batelco e-Services site, the user confirms their unconditional agreement to all such terms, conditions, and notices. Use of a particular site included within the Batelco e-Services site may also be subject to additional terms.
MODIFICATION OF TERMS AND CONDITIONS OF USE
Batelco e-Services reserves the right to change the terms, conditions, and notices, including but not limited to the charges associated with the use of Batelco e-Services’s site. The user shall be wholly responsible for regularly reviewing these terms and conditions and shall be bound by these terms and conditions at all times.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, Batelco e-Services site is for the user's personal and non-commercial use. The user may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Batelco e-Services’s site.
LINKS TO THIRD PARTY SITES
Batelco e-Services site may contain links to other Web Sites (hereinafter referred to as "Linked Sites"). The Linked Sites are not under the control of Batelco e-Services and Batelco e-Services shall not be in any way whatsoever responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Batelco e-Services shall not be responsible in any way whatsoever for web casting or any other form of transmission received from any Linked Site. Batelco e-Services shall provide these links to the user only as a convenience, and the inclusion of any link does not imply any endorsement by eServices of the site or any association with its operators. Batelco e-Services shall have no liability to the user for any failure to give notice to the user of the possible contents or subject matter of any transaction received from any Linked Site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of use of Batelco e-Services’s site, the user warrants to Batelco e-Services that they shall not under any circumstances whatsoever use Batelco e-Services site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The user shall not use Batelco e-Services site in any manner or form which could damage, disable, overburden, or impair Batelco e-Services’s site or interfere with any other party's use and enjoyment of the eServices site. The user shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Batelco e-Services.
USE OF SERVICES
The user hereby agrees to use the services only to post, send and receive messages and material that are proper and related to the particular Service. By way of example, and not as a limitation, the user agrees that when using the Service, they shall not under any circumstances whatsoever:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the user owns or controls the rights thereto or has received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a service that the user is aware of, or should reasonably be aware of that cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the services.
- Violate any code of conduct or other guidelines which may be applicable for any particular service.
- Violate any applicable laws or regulations.
- Do anything that is contrary to Bahrain public policy or ethics.
- Attempt to tamper with, modify or breach the system security in any way whatsoever, or seek to gain access to the system or user accounts that are stored within the system.
Batelco e-Services reserves the right, at its sole discretion, to terminate the user's access to Batelco e-Services’s site and the related services or any portion thereof at any time, without notice and shall not incur any liability whatsoever to the user for such termination.
Parties shall not be liable for any delay or failure to perform its obligations under this agreement which is caused by:
- typhoons, floods, earthquakes, hurricanes, fire, sabotage, civil commotion, malicious acts of damage, war (declared or undeclared), rebellion, military or usurped power, revolution, general shortages of materials, industrial or labour disputes, work bans, blockades, embargoes, quarantine restrictions, occupation of site or harbour congestion
- delay or failure to obtain any permit, authorisation, customs certificate, licence, approval or acknowledgement, despite proper and timely best endeavours to obtain the same; and Provided that the effects of such event(s) could not have reasonably been foreseen, was beyond the reasonable direct or indirect control, and without the fault or negligence, of the party claiming FORCE MAJEURE and which directly resulted in that party's inability, notwithstanding all reasonable efforts, to make alternative arrangements in order to perform its obligations in whole or in part. Any such event is referred to as a "FORCE MAJEURE vent". Neither party shall be considered to be in default or in breach of its obligations under the agreement to the extent that performance of such obligations is prevented by any circumstances of FORCE MAJEURE . Where either party considers that any circumstances of FORCE MAJEURE have occurred which may affect the performance of its obligations it shall promptly notify the other party thereof i.e. within four (4) hours of becoming aware of the FORCE MAJEURE event. Upon the occurrence of any circumstances of FORCE MAJEURE, the parties shall endeavour to continue to perform their obligations under this agreement so far as reasonably practicable. The party claiming FORCE MAJEURE shall notify the other party of the steps it proposes to take including any reasonable alternative means for performance which is not prevented by FORCE MAJEURE. The party claiming FORCE MAJEURE shall not take any steps unless agreed to by the other party in writing.
Parties agree that neither party shall disclose to any third party any details whatsoever of this agreement without the prior written consent of the other party except as may be provided in this agreement or except as shall be required by a court of competent jurisdiction.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Batelco e-Services site is: Batelco e-Services Copyright © 2005. Batelco e-Services products referenced herein are either trademarks or registered trademarks of Batelco.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organisations, products, people and events depicted herein are fictitious. Any association with any real company, organisation, product, person, or event is completely coincidental and no intended association shall be inferred.
Any rights not expressly granted herein are reserved.
The English language shall be the official language of this agreement and all communications under it. The parties recognise and agree that this agreement may be interpreted into other languages. The English version of this agreement shall be the official version and shall prevail if any dispute in the interpretation of this agreement between such languages arises between the parties.
This agreement is governed by the laws of the Kingdom of Bahrain. The user hereby consents to the exclusive jurisdiction and venue of courts in Bahrain, in all disputes arising out of or relating to the use of Batelco e-Services’s site. Use of the Batelco e-Services site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. The user agrees that no joint venture, partnership, employment, or agency relationship exists between the user and Batelco e-Services as a result of this agreement or use of Batelco e-Services’s site. Batelco e-Services's performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Batelco e-Services's right to comply with governmental, court and law enforcement requests or requirements relating to the use of the Batelco e-Services site by the user or information provided to or gathered by Batelco e-Services with respect to such use.
If any part of this agreement 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 as severed from these Terms and Conditions and the remainder of these Terms and Conditions shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Batelco with respect to the Batelco e-Services site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Batelco with respect to the Batelco e-Services site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
End of Batelco e-Services's Terms and Conditions of Use.
The most recent source for this dispute policy can be found at: www.icann.org/en/help/dndr/udrp/policy
Uniform Domain Name Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999)
This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the .bh registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/en/dndr/udrp/approved-providers.htm (each, a "Provider").
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.