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.bh FAQ

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FAQs for .bh Bahraini Domains


.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 to terminate the user's access to any or all of the services at any time without notice should the user be in breach of the terms of use. Batelco e-Services reserves the right at all times to disclose any information when necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Batelco e-Services's sole discretion.

TERMINATION/ACCESS RESTRICTION
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.

FORCE MAJEURE
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.

CONFIDENTIALITY
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.

LANGUAGE
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.

GENERAL
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)

1. cpr144449003101 Purpose.
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.
2. Your Representations.
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.
3. Cancellations, Transfers, and Changes.
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN or the .bh Registry. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
4. Mandatory Administrative Proceeding.
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").
a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three elements are present.
b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN or the .bh Registry.
g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
5. All Other Disputes and Litigation.
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.
6. Our Involvement in Disputes.
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.
7. Maintaining the Status Quo.
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.
8. Transfers During a Dispute.
a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
9. Policy Modifications.
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.


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