Approved Terms and Conditions

By registering a domain name under .mt, the Holder ("you") enter into a contract of registration with NIC(Malta) ("we" or "us") on the following Terms and Conditions.

These Terms and Conditions are effective from midnight, YYY 1 December 2017.

1. Processing the domain name registration form

1.1 We shall process the domain name registration form and consider whether or not 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 Holder and Agents in the whois. It is the responsibility of the Holder to ensure that accurate information has been provided and to inform NIC (Malta) when any change to the information occurs.

2. Appointment of Agents

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

2.2 An Administrative Agent shall be appointed by the Holder to liaise with NIC(Malta) about administrative aspects of the domain including appointment and changing of the Billing and Technical Agents. Administrative Agents shall either appoint other parties to act as Billing or Technical Agents, or alternatively shall take on any of these other Agent roles directly themselves. The Administrative Agent contact details shall always show on the whois service and may be the only contact point for a domain if the Holder’s and other Agents’ details do not show.

2.3 A Billing Agent shall be appointed by the Holder or Administrative Agent to deal with payments for the domain. The Billing Agent shall be alerted when payments are due for the domain and shall be responsible for effecting payments in a timely manner. VAT charges for a domain depend on the country where Billing Agent is established and on whether Billing Agent has quoted a VAT number to NIC(Malta).

2.4 A Technical Agent shall be appointed by the Holder or Administrative Agent to maintain technical information (e.g. nameservers) that permit 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 prior to receiving confirmation from us that the domain name you 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 do not determine the legality of the domain name registration or otherwise examine whether that registration or use of a domain name may infringe any rights of a third party.

3.3 As Holder of the domain name you are further responsible for the actions and/or negligence of your employees, affiliaties and any other third parties brought in by you (including but not limited to your Administrative Agent, your Billing Agent and your 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 and subject to the following sub-condition, 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 undertaken 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 and the University of Malta as well as our respective officers, employees and agents harmless 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, trade mark or service mark infringement, unfair competition, libel, slander, defamation, injury to reputation, racial or religious abuse, or other unlawful behaviour. Without prejudice to the generality of the preceding sub-condition, should it eventually transpire that you are not entitled to use the trade mark, trade or business name indicated in the domain name registration form in accordance with Maltese law, then you accept that:

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 and/or disputes on conflicting domain names should be settled between you and the third party in question using any of the ordinary remedies afforded by law. We shall in no manner adjudicate on any disputes.

6. Refusal to register a domain name

6.1 We reserve the right to refuse to register a proposed domain name.

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 him or her you have further clearly explained to him or her (and he or she consented) that the Administrative Agent’s contact details will always be made available through the whois service.

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 signing this form on your behalf represents and warrants that he or she has been fully empowered by you to execute this form and that you have taken all necessary action to authorize execution of this form by him or her.

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. For further details about the purposes and usage possibilities of the whois service, please see https://www.nic.org.mt/whois.

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

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 Insofar as any information relating to yourself or to your Agents, if any, constitutes personal data for the purposes of the Data Protection Act 2001, we shall only process this data in the manner and for the purposes stated in this condition.

9.2 We shall only process such personal data as follows:

9.3 We shall not transfer any personal data relating to you or any of your Agents to any third party (other than between you and any of your Agents) without your prior written consent or that of the particular Agent, as the case may be, unless we are obliged or authorized to do so by or under any law in which case we shall still inform you accordingly. For the avoidance of doubt, written consent can be provided by means of an electronic communication.

9.4 You may access or modify any of your personal details that we process. Similarly, any of your agents may access or modify any of their respective personal details that we process. In most cases this is possible online. Otherwise, requests for access or modification, signed by the data subject to whom the data relates, should be made to:

10. Right to use the domain name

10.1 The right to use a domain name is granted to you alone and not to any of 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 which 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 good cause, 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. For the avoidance of doubt, we do not adjudicate and decide upon any alleged infringrements of third parties. No refunds are possible in such cases.

13.4 If an Adminstrative Agent renounces his role, the Holder must assign a substituting Administrative Agent. The lapse of the Administrative Agent's role that is not rectified by the Holder 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 denied its validity on the ground that it is carried out electronically (e.g. by e-mail 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 regulating the registration of Domain Names in the .mt domain name space.

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. In such event, we shall post the amended Terms and Conditions and/or the Domain Name Registration Policy in a prominent place on this website.

16.2 You should review this website regularly in order 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 Malta

18.2 We and you irrevocably submit to the jurisdiction of the Maltese courts in the event of any dispute in relation to these Terms and Conditions.