Term of Use

Domain Name Term of Use

Customer registering any domain name through Domain.pk must read and agree Domain.pk terms of use and also terms of use given by Domain Registrar from which domain is registered. Domain name includes all TLDs (Top Level Domains  i.e .com, .net. org, etc.), SLDs (Second Level Domains), gTLD – Generic TOP Level Domains, ccTLD – Country Code Top Level Domain (e.g domains under .PK etc.). Customer is fully responsiblle and liable for any illegal content or activity on domain name that violates Pakistan's law or any other country's law. Domain.pk is not liable or held responsible for any such violation by customer registering domain name.  Domain.pk reserves the right to suspend domain name or cancel customer's access to domain name when Domain.pk decides that the domain name is violating Domain.pk terms of use or terms of use given by Domain Registrar from which domain is registered . Customer is not allowed to register domain name if it,

1. infringes upon a registered tradename,
2. is not bona fide as recognized by international best practice,
3. is a contravention in the opinion of Domain.pk to be a contravention of the latest version of the Pakistan Penal Code Act, 1860 (including offences of defamation & blasphemy)/ Anti-Terrorism Act, 1997/any applicable criminal law,
4. has been declared by a Criminal Court of appropriate jurisdiction to have contravened the latest version of Pakistan Penal Code Act, 1860 (including offences of defamation & blasphemy)/Anti-Terrorism Act, 1997/any applicable criminal law), or Cyber Crime Law 2018
5. in the opinion of Domain.pk is not appropriate for registration.

Following content is not allowed on the domain names registered through Domain.pk,

Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State, International or Pakistan's regulation.

Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Domain.pk.
Warez - Includes pirated software, ROMS, emulators, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

All services provided by Domain.pk may only be used for lawful purposes.

The customer agrees to indemnify and hold harmless Domain.pk from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder or host any type of religious content will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email support [at] Domain.pk with the information required.

Examples of unacceptable material on all Shared and Reseller servers include:

• Religious Sites (any type of religious content and uses texts or rituals of religion to ridicule or shock )
• Political Content
• Music, Songs and Copying of Pirated books, photographs, or any other copyrighted work
• Selling and promoting drugs, any type of medicines, alcohol or tobacco products.
• Running or promoting Lottery / Gambling Websites.
• Hacker focused sites/archives/programs or spreading any type of Viruses
• Sites promoting illegal activities
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Pirated Software/Warez
• Broadcast or Streaming of Live Sporting Events or TV Channels (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, ICC Events etc)
• Forums and/or websites that distribute or link to warez / pirated / illegal content
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• File Dump / Mirror Scripts (similar to rapidshare)
• Mail Bombers / SPAM Scripts
• Proxy Scripts / Anonymizers
• IRC Scripts / Bots
• AutoSurf / PTC / PTS / PPC sites
• IP Scanners
• Bruteforce Programs / Applications / Scripts
• Banner-Ad services (Commercial banner AD rotation)
• Commercial Audio Streaming (more than one or two streams)
• Escrow / Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life / Linden Exchange, Ponzi, MLM / Pyramid Scheme)
• Bank Debentures / Bank Debenture Trading Programs.
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)

When a website is found to be monopolizing the resources available Domain.pk reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. 

User may not:

• Use 15% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; 
  these include: CGI scripts, PHP, FTP, ASP, .NET, HTTP, etc.
• Run cron entries & scheduled tasks with intervals of less than 20 minutes
• Run any MySQL or MS SQL queries longer than 15 seconds. Make databases tables should be indexed appropriately.
• Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
• Participate in any file-sharing / peer-to-peer activities.
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
• When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://www.yourdomainname.com/include.php") use include("include.php")

While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resourcesand / or 10% of the server's CPU. 

This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.

REFUNDS

All Web Hosting plans include 15 day money back guarantee. If you are dissatisfied with our service and we are not able to provide what we promised, you will receive a full refund in case of hosting service only. .

 Any request for cancellation must be received via the web form, E-mail and you will receive a confirmation upon the cancellation of your account. No refunds are available after 15 days. 

In case of Free domain Registratiion, All refunds are subject to a domain registration fee charge; however upon payment of such charge you will have the opportunity to continue to register and renew registration of your domain name after cancellation of your hosting account.

In case of Terms Violation

Accounts cancelled/terminated by Domain.pk for violating our Terms of Use do not qualify for the 15-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.

Customer refund requests are to be sent via email or phone within 15 days from service purchase date and will only be processed in the cases of service non-performance or corruption that might be caused by Domain.pk's side, Refund requests will not be accepted if it's requested for any cause that's out of Domain.pk's side, For example:

• Failure of any third party programs that's not supported by Domain.pk's.
• Customer's lack of experience dealing with web basics and communication protocols.

INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold Domain.pk harmless from all  liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Domain.pk, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Domain.pk against liabilities arising out of;

• any injury to person or property caused by any products sold or otherwise distributed in connection with Domain.pk' server;
• any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
• copyright infringement and
• any defective products sold to customer from Domain.pk' server.

DISCLAIMER:
Domain.pk will not be responsible for any damages your business may suffer. Domain.pk makes no warranties of any kind, expressed or implied for services we provide. Domain.pk disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by Domain.pk and its employees. We strongly recommend all of our customers to do their own backups of website files, database & emails to ensure they have ready access to their data in the event we should have a hardware failure. Though we do not expect anything like this to occur, we want you to be prepared in the event that it does. Domain.pk reserves the right to revise its policies at any time.

Domain.pk also reserves the right to cancel your account with 24 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.

By using Domain.pk services you agree to the above terms of service as in effect from time to time.

Any applicant who wants to register a domain name under .PK must read and agree to the PKNIC policy posted here. The PKNIC policy for the domain names is subject to enhancements and modifications driven by the PKNIC Policy Group, that seeks to devise .PK policies that are equitable and fair to all affected Internet stakeholders, including PKNIC. The PKNIC Policy Group is comprised of the members and observers from the Internet Community and those with vested interest towards the betterment of the Internet stakeholders for .PK domains.
Background
The original PKNIC policy was based on INTERNIC Domain Name policies with some modifications borrowed from relevant NICs around the world. Previously the PKNIC policy was subject to modification by a large PKNIC Advisory Group, who voted to introduce substantial changes to the PKNC policy (the record of the voting results is available offline).
Exclusions and Overriding principle
The general text of PKNIC policy are supplemented (and in the case of conflict) superceded by specific terms and conditions for specific services (e.g. domain registration Sunrise, name.pk land rush, etc.). The details about payment rates, renewal, expiration, redemption, etc are given in separate schedules. The PKNIC Advisory Group has been replaced by the new PKNIC Policy Group, and all reference to the PKNIC Advisory Group functions in the current PKNIC Policy text below will be performed by the PKNIC Policy Group.


PKNIC - Internet Domain Registration Policy
Policy Version 4.3 adopted after the 28th July 2016 meeting of the PKNIC Policy Advisory Group. 

The applicant who wants to register a domain name under .PK is presumed to have read and agreed to this PKNIC Internet Domain Registration Policy, stated below and any subsequent changes as and when placed on the PKNIC website. Applicants and owners of the Domain Names are responsible to read the updates on the PKNIC website frequently and deemed to have notice of any subsequent changes which the applicant hereby agrees to.

1. The registration of a domain name is a listing service. The listing service of names within the .PK delegated name space is undertaken on a discretionary First Come - First Served basis, moderated by the .PK domain's administration policies as determined by the delegated authority (PKNIC) with the exception of any applications/cases for registration that attempt to register a domain name that:
1. infringes upon a registered tradename,
2. is not bona fide as recognized by international best practice,
3. is a contravention in the opinion of PKNIC to be a contravention of the latest version of the Pakistan Penal Code Act, 1860 (including offences of defamation & blasphemy)/ Anti-Terrorism Act, 1997/any applicable criminal law,
4. has been declared by a Criminal Court of appropriate jurisdiction to have contravened the latest version of Pakistan Penal Code Act, 1860 (including offences of defamation & blasphemy)/Anti-Terrorism Act, 1997/any applicable criminal law), or
5. in the opinion of PKNIC is not appropriate for registration.
2. Notwithstanding anything stated herein or elsewhere, the applicant, by its conduct of submitting its application for registration, payment of fee and/or the use of the domain name, hereby agrees to be bound by the following:

I, the applicant/registrant, hereby agree that any controversy, claim or dispute arising out of, relating to or in connection with my application to register, my registration of, or my use or misuse of a “.pk” domain name and continued listing service by PKNIC for that domain, shall be finally settled by way of binding arbitration under the rules of the Domain Name Dispute Resolution Center (“DNDRC”) (www.dndrc.com), and the  PKNIC process for Domain Dispute Resolution ,  both of which are primarily based upon the Uniform Domain Name Dispute Resolution Policy (As Approved by ICANN on October 24, 1999) and/or the Rules for Uniform Domain Name Dispute Resolution Policy (As Approved by ICANN on October 24, 1999). The arbitral panel appointed by the DNDRC shall have the power to rule on their own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement. PKNIC shall implement decisions of DNDRC with respect to those decisions where there is no material deviation with DNDRC's Rules, PKNIC's Dispute Resolution Process,  and are consistent with applicable arbitration law.

1. Any domains that are registered as a result of any software operation that circumvented the stated policy compliance and procedures, either by external network or software security attack, transient errors or internal malfunctions will be subject to deletion.
2. If a party claims that a domain name already registered with PKNIC violates their registered tradename, an obvious derivation of their registered company name, is not bona fide as recognized by international best practice, is a contravention in the opinion of PKNIC to be a contravention of the latest version of the Pakistan Penal Code Act, 1860 (including offences of defamation & blasphemy)/ Anti-Terrorism Act, 1997/any applicable criminal law, PKNIC reserves the right to cancel, or transfer the domain to the claiming party as per the ICANN's Uniform Domain Name Dispute Resolution Policy (with PKNIC amendments) or as per the orders of a court judgment in Pakistan.
3. Domain Name Dispute Resolution: PKNIC has adopted, with amendments, the Uniform Domain Name Dispute Resolution Policy (UDRP), established and adopted by the Internet Corporation for Assigned Names and Numbers on October 24, 1999. PKNIC's amendment take precedent if there is a conflict between the ICANN UDRP policy and PKNIC's amendments to it. Additional details are available at the following URLs:
1. Uniform Domain Name Dispute Resolution Policy (UDRP)
2. Rules for Using the UDRP Policy.
3. PKNIC amendments to UDRP and the PKNIC process for Domain Dispute Resolution
4. There is no requirement for the domain registrant to have any local presence and no Admin contact needs to be present in Pakistan
5. Any claim to trade name or copyright under .PK domain name is considered valid only if it is registered with an official trade-name/copyright/patent office in Pakistan, or is recognized by the courts of law in Pakistan (e.g. international trademarks).
6. Acceptance of the listing entry by the delegated authority confers no rights to the applicant regarding the legitimacy or otherwise of the association of the name with the applicant, nor does it confer to the applicant any other rights associated with ownership of the name, or any rights to its use.
7. No adjudication is made within the registration function as to whether the applicant has a legitimate right to a name. The applicant in lodging the request for a name informs the delegated authority that they are asserting a claimed right to a name.
8. The domain registrant for .edu.pk domain extensions must be a bona fide educational institute, with sizeable active student enrollment.
9. Domain names may be removed from the registration function's records upon receipt of written advice indicating that the list entry should be removed from the registry, on condition that the original applicant (or corporate entity) submits the advice to the delegated authority.
10. All registration information will be considered as information within the public domain, and will be accessible using the Internet as the publication vehicle. No provision is made concerning acceptance of information under any imposed condition of confidentiality or non-disclosure.
11. There is no restriction for the domain name to match the company or its trademarks.
12. There is no restriction for generic dictionary names, and these can be registered under any .pk name, unless precluded by some other clause of this agreement.
13. The party requesting registration of this name certifies that, to her/his knowledge, the use of this name does not violate trademark or other statues.
14. Registering a domain name does not confer any legal rights to that name and any disputes between parties over the rights to use a particular name are to be settled between the contending parties using normal legal methods and the "Dispute Resolution" method described above.
15. Certain words that are deemed derogatory, or offensive will be not be permitted in a domain name. The list of these words is provided by PKNIC Advisory Group members, and may be amended from time to time by PKNIC that, in its discretion, reflect the local community standards.
16. Any domain name whose commonly understood usage results in an obvious attempt at significantly conveying hate, or derogatory material against any religion, person, living or dead, city or a sovereign entity, or a public office, title or any branch of Government of Pakistan, will be subject to de-activation and deletion. Any such action about a domain name shall be taken by PKNIC on the recommendation of its Advisory Group members, provided that the name of the targeted person, entity, or religion etc is a part of the domain name. If the name of the domain is not questionable in this way, PKNIC shall not examine or take into account the contents of any web site associated with a domain name.
17. The new registration and/or renewal of domain names must adhere to the technical and security requirements and restrictions upon domain name and domain name structure.
18. In an effort to be accessible and fair in its operations for Internet users PKNIC is automating its application procedure and as such attempts to approve applications within the shortest time possible. A domain name may be immediately registered on a provisional basis and made available without any human review, contingent to a full review for which PKNIC shall attempt in a maximum of 30 days to approve or reject any application submitted to PKNIC for registration of a .PK domain name, totally in its own discretion and the applicant hereby agrees that he or she shall have no right to any such registration which is wholly the discretion of PKNIC.  However, in case PKNIC preliminarily finds that any application may possibly be objectionable or in contravention with this Policy it may seek clarification from the applicant.  On receiving a response PKNIC may then reject or approve any application with or without necessarily stating any reasons at PKNIC's discretion.  In case PKNIC does not receive any response from the applicant/registrant within a period of 15 days the application for registration will be deemed to automatically be rejected without recourse.
19. The applicant hereby agrees to and is wholly responsible for any and all material or content placed either intentionally or otherwise whether or not known to the applicant and PKNIC shall not be deemed to have any knowledge of the same nor be liable for any claims or losses or damages consequential to any such material or content placed on any website with a PKNIC registered Domain Name.  In any case the applicant hereby irrevocably agrees hereby that the applicant shall indemnify PKNIC for any losses, damages, consequences or liabilities suffered or claimed against PKNIC.
20. A recurring maintenance fee of Rs 1000 per year is charged for each local domain name registered with PKNIC (the rates for the international domains or alternate schedule are available on the website and for the domain invoice lookup on the website). This fee is collected in advance every two years and covers unlimited domain modification requests. PKNIC will attempt to provide a renewal reminder by e-mail to Main & Technical Contact on the e-mail addresses as per latest domain record. The reminder of the payment is a courtesy service and a failure to receive the reminder or invoice, due to any reason, will no be construed as a valid reason to delay the payment. In the event of non-payment of domain maintenance fee by due date PKNIC in its sole discretion shall de-activate such un-paid domain and offer this expired domain to third party for re-registration on pre-payment on a first come first served basis, after a hold period of two weeks after domain de-activation. The defaulting domain owner can pay and re-activate the expired domain within the hold period.
21. The domains under .GOV.PK that are registered for Federal Ministry level Government (of Pakistan) bodies that are unique and are not replicated at lower levels, may be exempted from the maintenance fee charges. GOV.PK is used primarily for the Federal Government of Pakistan. For provincial domains,the name space of GOP.PK for Govt. of Punjab, GOS.PK for Sindh, GOB.PK for Baluchistan, GKP.PK for Khyber Pakhtunkhwa, GOK.PK for Azad Kashmir are used. In certain circumstances a GOV.PK may be used for a high level Provincial Department, that is unique in the province, if the name of the province is prominent in the domain name (e.g. Punjab-Police.gov.pk, etc). The domain maintenance fee exemption is not available to such autonomous departments operating as corporate bodies under Federal or Provincial Governments. 
22. The maintenance fee is non-refundable and non-transferable, even if the domain name is asked to be deleted by the domain owner or someone acting on his behalf.
23. PKNIC has neither the resources nor the legal obligation to screen requested Domain Names to determine if the use of a Domain Name by an Applicant may infringe upon the right(s) of a third party. Consequently, as an express condition and material inducement of the grant of an applicant's ("Applicant") request to register a Domain Name, Applicant represents, agrees and warrants the following four statements and a failure to comply with them, or any other parts of the PKNIC policy, will cause PKNIC to cancel the domain registration of the non-compliant domains of Applicant:
1. Applicant's statements in the application are true and Applicant has the right to use the Domain Name as requested in the Application;
2. Applicant has a bona fide intention to use the Domain Name on a regular basis on the Internet;
3. The use or registration of the Domain Name by Applicant does not interfere with or infringe the right of any third party in any jurisdiction in Pakistan, with respect to trademark, service mark, tradename, company name or any other intellectual property right;
4. Applicant is not seeking to use the Domain Name for any unlawful purpose, including, without limitation, tortuous interference with contract or prospective business advantage, unfair competition, injuring the reputation of another, or for the purpose of confusing or misleading a person, whether natural or incorporated.
24. PKNIC WILL NOT BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND (INCLUDING EXPECTATIONAL LOSSES OR LOST PROFITS). REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF PKNIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
25. Force-Majeure PKNIC shall not be responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earth quake, flood, fire storm, natural disaster, act of God, war, terrorism, cyber attack or cyber vandalism, armed conflict, labour strike, lockout or boycott, or by circumstances beyond its control.