Agreement

By registering a domain name under .gm, the Registrant ('you') enters into a contract of registration with GM-NIC ('we' or 'us') under the following Terms and Conditions:

1. Processing the Domain Name Registration Form

1.1 We shall process the domain name registration form and consider whether to register the domain name applied for in accordance with the Domain Name Registration Policy.

1.2 Domain names are registered on a first-come, first-served basis. Until we confirm that the domain name applied for has been registered, there is no guarantee that the domain name has been accepted and registered.

1.3 If we accept your domain name registration form and confirm registration of the domain name, we shall, subject to the provisions of condition 9 below, enter the domain name and the contact details of the Registrant and Agents in the WHOIS. Personal data may be redacted in accordance with our Data Protection Policy. It is the responsibility of the Registrant to ensure that accurate information is provided and to inform GM-NIC when any changes to the information occur.

2. Appointment of Agents

2.1 Registrants may appoint other parties to act as Administrative, Billing, or Technical Agents on their behalf or take on any of these Agent roles directly themselves.

2.2 An Administrative Agent shall be appointed by the Registrant to liaise with GM-NIC about administrative aspects of the domain, including the appointment and changing of Billing and Technical Agents. Administrative Agents shall either appoint other parties to act as Billing or Technical Agents or take on any of these other Agent roles directly themselves. The Administrative Agent’s contact details shall be made available through the WHOIS service unless redacted in accordance with data protection laws.

2.3 A Billing Agent shall be appointed by the Registrant or Administrative Agent to handle payments for the domain. The Billing Agent shall be alerted when payments are due for the domain and shall be responsible for making payments in a timely manner.

2.4 A Technical Agent shall be appointed by the Registrant or Administrative Agent to maintain technical information (e.g., nameservers) that ensure the regular functioning of the domain.

3. Exclusions and Limitations of Liability

3.1 We accept no liability whatsoever for any damages suffered as a result of your taking any action in respect of a domain name before receiving confirmation from us that the domain name applied for has been registered.

3.2 You are solely and exclusively responsible for the domain name selected and applied for. Registration of a domain name does not confer any legal rights to that name. By registering a domain name, we might request clarification but do not determine the legality of the domain name registration or examine whether that registration or use of a domain name may infringe any rights of an unknown third party.

3.3 As the Registrant of the domain name, you are further responsible for the actions and/or negligence of your employees, affiliates, and any other third parties engaged by you (including but not limited to your Administrative Agent, Billing Agent, and Technical Agent).

3.4 To the fullest extent permitted by law, and except to the extent that loss or damage is caused directly by our gross negligence or wilful misconduct, we shall not be liable to any person, including but not limited to you or any of your employees and Agents, for any loss or damage that may be suffered.

3.5 Whilst we have taken reasonable precautions to ensure that our systems are as secure as possible, the Internet remains an insecure medium of communication. We shall not accept any responsibility whatsoever for damages suffered as a result of unauthorised access by any third party to the data contained on our site or transmitted to you over the Internet.

3.6 We shall not be held liable for any direct or indirect damages resulting from the disruption or malfunction of the DNS service.

3.7 In no event shall we be liable for any increased costs or expenses, any direct or indirect loss of profit, business, contracts, revenues, or anticipated savings, any error or omission in the WHOIS, any loss of registration and/or use of the domain name, or any special, indirect, or consequential damage of any nature whatsoever.

3.8 In any event, any liability that we may incur shall in no case exceed the amount of one year’s registration fee.

4. Indemnity

4.1 You hereby agree to defend, indemnify, and hold us harmless, as well as our respective officers, employees, and agents, for any loss or damage, as well as from any and all legal and judicial costs resulting from any claim, action, or demand arising out of or related to the registration or use of the domain name or as a result of a breach by yourself of any of these Terms and Conditions.

4.2 Such claims shall include, without limitation, those based upon intellectual property, trademark, or service mark infringement, unfair competition, libel, slander, defamation, injury to reputation, racial or religious abuse, or other unlawful behaviour in accordance with the laws of The Gambia. If it transpires that you are not entitled to use the trademark, trade, or business name indicated in the domain name registration form in accordance with the laws of The Gambia, then you accept that:

• you will assume full responsibility for any damages we might suffer arising out of legal disputes in respect of the said trademark, trade, or business name under the laws of The Gambia; and
• we may delete the offending domain name indefinitely.

5. Resolution of Disputes Arising Between Yourself and Third Parties

5.1 Any dispute over the rights to use a particular domain name between you and any third party after the proposed domain name has been registered should be settled between you and the third party in question using any of the ordinary remedies afforded by the laws of The Gambia. Parties may refer to the WIPO Uniform Domain-Name Dispute-Resolution Policy (UDRP) or an arbitration panel in The Gambia for resolution. We shall in no manner adjudicate on any disputes.

6. Refusal to Register a Domain Name

6.1 We reserve the final right to refuse to register a proposed domain name if deemed needed to protect the services of the ccTLD and/or the country of The Gambia.

7. Warranties

7.1 You hereby warrant that you have obtained the consent of any individual whose personal data is to be made available under WHOIS in accordance with these Terms and Conditions. In regard to any Administrative Agent whom you may appoint, you further warrant that prior to obtaining such consent from them, you have clearly explained to them (and they have consented) that the Administrative Agent’s contact details may be made available through the WHOIS service unless redacted in accordance with data protection laws.

7.2 You further warrant that all the details that have been or that you may in future submit to us are true and correct and that you will keep them up to date.

7.3 You further warrant that you are fully entitled to register the domain name applied for and that by registering or using such domain name, you will not knowingly infringe the intellectual property rights of any third party. This warranty shall continue to have effect notwithstanding any surrender, cancellation, or transfer of the domain name.

7.4 You further warrant that the role of Administrative Agent for a given domain is properly maintained at all times.

7.5 Any person acting on your behalf represents and warrants that they have been fully empowered by you to execute registration(s) and that you have taken all necessary precautions to authorise their actions.

8. The WHOIS Service

8.1 Unless you indicate otherwise as per condition 8.2, you hereby agree to the publication, through the WHOIS service, of your contact details, including personal details, as submitted to us by yourself, subject to redaction in accordance with data protection laws.

8.2 If you do not wish your contact details to be made available through the WHOIS service, you may indicate this either:

• during registration or
• by sending an email to admin@nic.gm.

8.3 You hereby fully agree that your Administrative Agent has the right to access, at any time, your full contact details as well as those relating to any Billing and Technical Agents whom you may further appoint.

8.4 If you appoint any Agent, then the warranty laid down in condition 7.1 above shall apply.

9. Data Protection

9.1 We may collect and process your personal data, directly or indirectly, in order to administer .gm domain names. By agreeing to the Terms and Conditions, you are also agreeing to our Data Protection Policy. GM-NIC does not sell or distribute personal data to any third-person or commercial actor. The data you submit to any Registrar is wholly outside our control and not part of your contract with us.

10. Right to Use the Domain Name

10.1 The right to use a domain name is granted to you alone and not to your Agents. In the event that you revoke authority for any of your Agents to act on your behalf, you will retain the right to use the domain name.

11. Severance

11.1 Each of the provisions of these Terms and Conditions is severable from the others, and if at any time one or more of such provisions is or becomes illegal, invalid, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired.

12. Waiver

12.1 No time that we may extend to you nor any waiver by us of any breach by you of any provision of these Terms and Conditions shall affect our rights and powers hereunder.

13. Termination

13.1 You may surrender registration of the domain name at any time by giving us 14 days’ prior notice in writing. No refunds are possible in such cases.

13.2 We reserve the right at any time, for reasons including but not limited to non-payment, violation of these Terms and Conditions, or infringement of third-party rights, and in any event upon any breach by you of any of these Terms and Conditions, to immediately revoke the domain name from registration. No refunds are possible in such cases.

13.3 Without prejudice to the generality of the preceding sub-condition, failure to effect payment of fees for a domain name and infringement of third-party rights may, at our discretion, result in the suspension or revocation of that registration.

13.4 If an Administrative Agent renounces their role, the Registrant must assign a substitute Administrative Agent. The lapse of the Administrative Agent’s role that is not rectified by the Registrant may, at our discretion, result in the suspension or revocation of the domain. No refunds are possible in such cases.

14. Electronic Correspondence

14.1 Any and all correspondence between you or your agents and us, including but not limited to advice, bills, invoices, receipts, and statements, shall not be considered invalid on the ground that it is carried out electronically (e.g., by email to the address that you specify).

15. Domain Name Registration Policy

15.1 The Domain Name Registration Policy forms an integral part of the Terms and Conditions governing the registration of domain names in the .gm domain name space. In case of conflict, GM-NIC will seek to resolve inconsistencies under applicable law.

16. Amendments to These Terms and Conditions

16.1 We reserve the right to make modifications to these Terms and Conditions and to the Domain Name Registration Policy at any time and for any reason.

16.2 You should review our website regularly to be aware of any such amendments.

17. Assignment

17.1 Except with our prior written consent, you shall not assign any rights and obligations that you may have in accordance with these Terms and Conditions.

18. Governing Law and Jurisdiction

18.1 These Terms and Conditions shall be governed and construed in accordance with the laws of The Gambia and subject to applicable ICANN regulations.

18.2 For disputes arising directly between the Registrant and GM-NIC regarding the interpretation or application of these Terms and Conditions, the Registrant must first submit an appeal to GM-NIC. If the dispute is not resolved, then we and you irrevocably submit to the jurisdiction of the courts of The Gambia.

Process

19.1 Any decision made by GM-NIC, including refusal to register or revocation of a domain, may be appealed via written request to admin@nic.gm within 30 days. Appeals will be reviewed by GM-NIC in accordance with applicable law.

1. Definitions

'Domain name' is a string that identifies a realm of administrative autonomy, authority, or control within the Internet. The domain name has a number of labels at different levels. The rightmost label is the Top Level Domain (TLD). In the case of the .gm domain name space, the TLD is a country code TLD (ccTLD). The next label moving to the left is the second-level domain (2LD).

'2LD' is an abbreviation of 'second-level domain'.

'Registered Label' shall refer to the leftmost label in the registered domain name. For example, the Registered Label of myname.gm is myname.

'Legal Entity' shall refer to any natural person or any legal person created and recognised as such under the laws of The Gambia, which has legal personality and which may, acting in its own name, exercise rights and be subject to obligations.

'Registrant' shall refer to the owner of a domain name, that is, the legal entity that has been granted the right to use the domain by GM-NIC and who accepts all associated legal consequences.

'Prohibited domain name' shall refer to a domain name that is not allowed to be registered under this policy.

2. Applicability

2.1 The clauses contained within these paragraphs reflect and support the policypage summary.

3. Structure of the .gm Domain Name Space

3.1 Registration of new domain names may only be made at the second level (e.g., myname.gm).

3.2 As per the GM-NIC Policies, third-level domain registration is generally not permitted, except in special cases approved by GM-NIC, such as for government or academic institutions. Most Internet addresses under the .gm ccTLD have the format http://server.domain.gm.

3.3 Domain owners with their own domain name servers may create subdomains under their registered domain(s) using their own name servers.

3.4 GM-NIC reserves the right to prohibit specific 2LD names, including but not limited to com, edu, gov, mil, org, co, ac, etc.

4. Eligibility Criteria

4.1 To register a 2LD name (e.g., myname.gm), the prospective Registrant must be the legal entity that will be using the domain name and is required to declare the right to use the Registered Label of the domain name (e.g., myname) based on a legitimate interest or claim, including but not limited to a registered trademark, business registration, or long-standing public use in accordance with the laws of The Gambia.

4.2 The Registrant promises that:

by registering and/or using the domain name in any way, the Registrant will not infringe intellectual property rights or other third-party rights;

the Registrant is entitled to register the domain name;

the Registrant will not use the domain name for any unlawful purposes.

5. Other Conditions

5.1 GM-NIC reserves the right to amend, from time to time, the list of prohibited domain names at its full discretion.