We are a NIRA Sub-Registrar and as such may provide you with a domain name via AbollyHost. Please be aware that by registering a .ng domain name, you are bound by NIRA’s Terms and Conditions below
A: REGISTRANT AGREEMENT
By clicking on the “I AGREE” button or a similar affirmation, or by acknowledging acceptance of these Terms and Conditions by any other method allowed by AbollyHost, or by using or accessing the Domain Registration Services through any means permissible including, without limitation via a computer or a mobile application,
You acknowledge and agree that:
(i) you have reviewed and understand these Terms and Conditions;
(ii) you agree to be legally bound by these Terms and Conditions; and
(iii) your use of the Domain, Hosting and any related products or services will be governed by these Terms and Conditions.
"You" in this context refers to the Registered Name Holder of a Registered Name AbollyHost refers to the Registrar
1. Domain Registration and Documentation
You agree to adhere to the requirements of and provide all documentation for the registration of any closed domain listed in Schedule A to this Agreement. Failure to do so may result in deactivation, cancellation, suspension, transfer of the domain without liability to AbollyHost.
.b) Intention to defraud AbollyHost by making a false claim of failed transactions. An excessive request for refunds after a refund has already been made to an account, this may result in future denials of refunds. Failure to provide the required documentation for closed domains, misspelling of a domain registered, mere dissatisfaction with a domain name registered. Computer hardware and/or software failure (e.g., computer crash), including Internet connection, of the AbollyHost customer. AbollyHost refuses to accept fault for customer hardware/software issues and will not honor refunds associated with these issues.
AbollyHost shall not activate any Registered Name unless it is satisfied that it has received a reasonable assurance of payment of its registration fee. For this purpose, a charge to your credit card, general commercial terms extended to creditworthy customers, or other mechanism providing a similar level of assurance of payment shall be sufficient, provided that the obligation to pay becomes final and non-revocable by you upon activation of the registration.
At the conclusion of the registration period, failure by you or on your behalf of to consent that the registration be renewed within the time specified in a second notice or reminder shall, in the absence of extenuating circumstances, result in cancellation of the registration by the end of the auto-renew grace period (although AbollyHost may choose to cancel the name earlier).
Extenuating circumstances are defined as: UDRP action, valid court order, failure of AbollyHost's renewal process (which does not include your failure to respond), the domain name is used by a nameserver that provides DNS service to third-parties (additional time may be required to migrate the records managed by the nameserver), you are subject to bankruptcy proceedings, payment dispute (where you claim to have paid for a renewal, or a discrepancy in the amount paid), billing dispute (where you dispute the amount on a bill), domain name subject to litigation in a court of competent jurisdiction, or other circumstance as approved specifically by ICANN.
We take your privacy seriously and will take all measures to protect your personal information. Any personal information received will only be used to fill your order. We will not sell or redistribute your information to anyone.5. Premium Domains
Irrespective of the above, the Registry Operator shall reserve the right to maintain the following list of domains that SHALL NOT be available for registration or will be withdrawn if registered already
- Offensive Names: This list shall contain words as determined by the Registry Operator board to be offensive first to the Nigerian community and then to the global community. ALL requests for domains under this list would be rejected.
- Restricted Names: This shall be a list of domains that may give a wrong impression if used. This could pertain to military, government or other related words. ALL applications for these domains would be rejected.
- Premium Names: These are domains with generic words ONLY but command premium value. Brand names cannot also be registered by anyone but the licensed registrars with name rights (copyright/trademarks) to such names. Where brand names are registered such names can be retrieved and transferred to the lawful owner. Premium domains would however be made available to registrants though a competitive bidding and auction process. Premium names are limited to the names listed in Registry Operator’s list as ‘premium’. This list shall contain words as determined by the Registry Operator.
a. You shall provide to AbollyHost accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration, including:
- the full name,
- postal address, e-mail address,
- voice telephone number,
- fax number if available
- name of authorized person for contact purposes
- In the case of a Registered Name Holder that is an organization, association, or corporation; the data elements listed below shall apply:
- The names of the primary nameserver and secondary nameserver(s) for the Registered Name;
- The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; and
- The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name.
b. Your willful provision of inaccurate or unreliable information, your willful failure to update information provided to AbollyHost within seven (7) days of any change, or your failure to respond for over fifteen (15) days to inquiries by AbollyHost concerning the accuracy of contact details associated with your registration shall constitute a material breach of your contract and be a basis for suspension and/or cancellation of the Registered Name registration.
c. Where you intend to license use of a domain name to a third party, you are nonetheless the Registered Name Holder of record and are responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. Where you license the use of a Registered Name according to this provision, you shall accept liability for harm caused by wrongful use of the Registered Name, unless you disclose the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
d. AbollyHost will take reasonable precautions to protect your Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Any personal information received will only be used to fill your order. We will not sell or redistribute your information to anyone.
e. You represent that, to the best of your knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
7. Dispute Resolution
Disputes will be categorized as Domain Registration Disputes and Registrar Services Dispute
a. Domain Dispute Resolution
You agree to be bound by ICANN's UDRP on all domains subject to the UDRP and its related policies and NIRA's Dispute Resolution Procedure/Policy for Nigerian CCTLDs b. Registrar Service Dispute
If you are dissatisfied with the resolution of a complaint treated in accordance with our Complaints Handling Process, if any dispute, claim, controversy or difference of any kind whatsoever arising out of or in connection with this AGREEMENT, or breach thereof (the "Dispute"), the parties shall attempt to settle such dispute in the first instance within thirty (30) Days from the date upon which one party has given written notice of the Dispute to the other party, by discussions between or among the parties ("Discussion Period"). If the Dispute cannot be settled within the discussion period, then the matter may be referred to arbitration to be conducted pursuant to the Nigerian Arbitration and Conciliation Act. Cap A18, Laws of the Federation of Nigeria, 2004.
8. Governing Law; Jurisdiction
This Agreement and any controversy arising out of or in relation to it shall be governed by the laws of the Federal Republic of Nigeria you agree to submit to the jurisdiction of the State and Federal courts of the Nigeria which shall have exclusive jurisdiction over all controversies in connection. You hereby waive any right to assert any rights or defenses within any other jurisdiction or to require that litigation regarding this Agreement take place elsewhere. For the adjudication of disputes concerning or arising from use of the Registered Name "intellectual property infringements or violations." , you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) the Federal Republic of Nigeria.
You shall indemnify and hold harmless AbollyHost, the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration. Any liability of AbollyHost under this Agreement is expressly limited to the price paid by you for the domains involved. Your sole remedy against AbollyHost in any dispute concerning this Agreement shall be to seek recovery of that amount, upon payment of which AbollyHost shall be released from all further obligations and liability to you. You shall indemnify and hold harmless AbollyHost against any and all claims, legal actions, losses, damages, liabilities, costs and expenses asserted against, imposed upon or incurred by AbollyHost arising out of or relating to (i) any misrepresentation or breach of warranty or covenant by you under this Agreement; (ii) your actual or alleged act or omission in the course of the registration of your domain; (iii) any claim of infringement arising from the registration of domain. THIS INDEMNITY IS AbollyHost'S SOLE LIABILITY AND YOUR SOLE REMEDY FOR INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT.
10. Domain Registry
You agree that Abolly Web Solutions is not lending You access to its registrar connections or its registry access, nor will You be deemed to be a registrar in Your own right. Furthermore, You agree You will not attempt to gain access to Abolly Web Solutionss registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with the Registry Operators requirements for inclusion in the Whois database.
11. Suspension, Cancellation, Transfer
You agree that, in addition to other events set forth in this Agreement your registration of the Registered Name."Intellectual property infringements or violations" shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name. Your ability to use any of the services provided by Abolly Web Solutions is also subject to cancellation or suspension in the event that there is an unresolved breach of this Agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by the Registry Operator;
o You agree that Your failure to comply completely with the terms and conditions of this Agreement and any Abolly Web Solutions rule or policy may be considered by Abolly Web Solutions to be a material breach of this Agreement and Abolly Web Solutions may provide You with notice of such breach either in writing or electronically (i.e. email).
o In the event You do not provide Abolly Web Solutions with material evidence that You have not breached Your obligations to Abolly Web Solutions within ten (10) working days, Abolly Web Solutions may terminate its relationship with You and take any remedial action available to Abolly Web Solutions under the applicable laws.
12. Force Majeure
AbollyHost shall not be liable for any failure to perform due to causes beyond its control, including but not limited to fire, flood, earthquake, explosion, accident, acts of public enemy, war, rebellion, insurrection, sabotage, epidemic, quarantine, labor disputes, acts of God or government, any such event of force majeure affecting AbollyHost 's third-party partners, or judicial action.
If any provision of this Agreement shall be declared void, invalid, or illegal, the validity or legality of all other provisions of the Agreement shall not be affected thereby.