• ".af DNS authority" means the Afghanistan
Domain Administration Committee (as of November 2002, the
Ministry of Communications of Afghanistan) supported by the
Technical Focal Point which has the right to grant licenses
to use domain names in the ".af" domain;
• "the registrar" means the organization or
undertaking that enters into a non-exclusive registrar agreement
with the .af DNS authority and obtains from the .af DNS authority
the right to apply for the registration and renewal of domain
names under the ".af" domain on behalf of its clients
but for its own account. As of November 2002, UNDP Afghanistan
office in Kabul is one authorized registrar;
• "the license" means the person that applies
for or has obtained a license from the .af DNS authority to
use a particular name in the ".af" domain.
2. Acceptable Domain Names
The .af DNS authority will not accept the following domain
names for registration:
• Names that are already registered ("first come,
first served" -principle) or that are put on hold. A
name is put on hold if:
• Legal proceedings, whether within or outside the scope
of a court of law, are in progress over that name, or
• The .af DNS authority has asked the domain name holder
to replace his registrar in case the registrars contract with
the .af DNS authority is terminated.
• Names that consist of characters other than "a-z",
"A-Z", "0-9" and "-", or that
start or end with "-" (as recommended in RFC 1035).
• Names of less than two characters or more than sixty-three
• Names with "-" on the third and the fourth
Names will be registered for the person whose application
is completed first, notwithstanding earlier applications for
those names that are not yet complete. An application is complete
when it is received with all the required data by the .af
DNS authority computer system (not when it was sent). The
refusal to register a domain name by the .af DNS authority
does not create any rights (priority rights or other) for
the applicant. The applicant may file a new application, in
competition with anybody else, if that name later becomes
available to the public.
a) After the registrar completes the registration process
and pays the registration fees, the .af DNS authority grants
an exclusive license to the licensee to use the domain name
in the application.
b) The license is valid for one year and is renewable as
long as the registration fee has been settled.
c) The license is not transferable unless the domain name
is transferred with the business assets of the licensee. The
license for a domain name that is on hold cannot be transferred,
with exception for the appointment of a new registrar as described
in article 6, b, second paragraph.
d) The .af DNS authority may terminate the license if the
licensee breaches any of the terms and conditions of the domain
name registration, including non-payment of the license fee
by the licensee's registrar. In case of a breach of the terms
and conditions, the .af DNS authority can send a reminder
by e-mail to both the registrar and the licensee informing
them that the license will be terminated if the breach is
not remedied within 14 days.
4. Fees and Payment
a) The licensee is aware that the registrar
acting on his behalf must pay the initial registration fee
and the renewal fee according to the agreement between the
registrar and the .af DNS authority.
As of November 2002, the registration fees are as follow:
b) The registrar has access to the computer system of the
.af DNS authority in order to verify the status and expiration
date of the domain names that he manages. The registrar is
responsible for the timely advice to the licensee that the
license for his registered domain names is due to be renewed.
c) The .af DNS authority is not responsible for the registrar's
non-payment of registration or renewal fees, which may result
in the non-registration or cancellation of a domain name (even
if the licensee has paid the registrar).
5. Obligation to have a working
The licensee must have a working e-mail address,
which is inserted in the .af DNS authority database. The .af
DNS authority and the licensee must use this e-mail address
for official communication between them, and the licensee
must keep the address up-to-date through his registrar. If
the e-mail address is not kept up-to-date, the licensee is
in breach of these terms and conditions and the .af DNS authority
may terminate the license as provided in article 3 above.
6. Agreement between Licensee
a) The registration and renewal process with
the .af DNS authority can only be conducted by the licensee
through an authorized registrar, who is acting on behalf of
the licensee but for its own account. The .af DNS authority
must make available on its web site a list of the authorized
registrars, and a copy of the typical agreement between the
.af DNS authority and the registrar. The .af DNS authority
is not a party to the agreement between the licensee and his
registrar incurs no obligation or liability from that agreement.
b) If a registrar is no longer an authorized registrar because
the agreement with the .af DNS authority is terminated, the
.af DNS authority must send an e-mail to the licensees informing
them that their domain name is put on hold and asking them
to appoint another registrar within one month. If the licensee
does not appoint another registrar within one month, the license
agreement between the .af DNS authority and the licensee will
be terminated at the end of its term with no possibility of
renewal. The licensee's domain name will remain on hold until
the later of three months after the .af DNS authority sent
the on hold notice to the licensee, or two months after the
license was terminated. While the domain name is on hold,
the licensee may appoint another registrar who may send a
request, including its reasons, to the .af DNS authority to
become the new registrar of the licensee and restore the license
c) If a licensee terminates the agreement with his registrar,
he must at the same time designate a new registrar who must
inform the .af DNS authority of the proposed change of registrar.
The .af DNS authority must inform the licensee and the new
registrar of the proposed change by e-mail and the licensee
may object to the proposed change by sending a reply e-mail
to the .af DNS authority within seven days. The change of
registrar will take effect if the licensee confirms the change
to the .af DNS authority within seven days after the e-mail
from the .af DNS authority. If the licensee does not respond
within seven days, the .af DNS authority must send a reminder
by e-mail to the new registrar informing him that the transfer
will only take effect if the licensee confirms the change
to the .af DNS authority by fax within 7 days following the
reminder by e-mail.
a) The licensee authorizes the .af DNS authority
to process personal and other data required to operate the
".af" domain name system. The .af DNS authority
must only use the data for operating the system and may only
transfer the data to third parties if ordered to do so by
the public authorities, upon demand of the dispute resolution
entity mentioned in article 10 or as provided in paragraph
(c) of this article. The licensee has the right to access
his personal data and to arrange for it to be amended, where
b) The licensee must keep the .af DNS authority immediately
informed through the registrar of any change in name, address,
e-mail address, telephone and fax numbers. An omission or
delay in informing the .af DNS authority of such changes may
result in the termination of the license.
c) The licensee authorizes the .af DNS authority to make
the following personal data accessible on its web site –
along with some other technical data - to guarantee the transparency
of the domain name system towards the public:
• Name, address and telephone and fax number of licensee;
• Date of registration and status of the domain name;
• E-mail address of licensee;
• Language chosen for the dispute resolution set out
in article 10.
The licensee also authorizes the .af DNS authority to transfer
that data to third parties for the purpose of inclusion in
a publicly available directory. The licensee may at any time
and without giving any reason inform the .af DNS authority
that his personal data may not be transferred. The .af DNS
authority must then take all necessary steps to block the
data transfer within five working days.
8. Representations and Warranties
a) The licensee agrees and warrants that:
• All statements made during the registration process
and the term of the license are complete and accurate.
• Registering the domain name will not infringe or otherwise
violate the rights of a third party.
• The domain name is not registered for an unlawful
• The domain name is not used in violation of any applicable
laws or regulations, such as a name that helps to discriminate
on the basis of race, language, sex, religion or political
• The domain name is not contrary to public order or
morality (e.g. obscene or offensive names).
b) The .af DNS authority is not liable for any damage, direct
or indirect damage, consequential damage and loss of profits,
whether in contract, tort (including negligence), or otherwise,
resulting from or related to the registration or use of a
domain name, or to the use of its software or web site, even
if the .af DNS authority has been advised of the possibility
of such damage. Examples of exclusions include :
• Registration or renewal (or the default of registration
or renewal) of a domain name in favor of a licensee or a third
party due to an error concerning their identity.
• Termination of the .af DNS authority’s rights
to register domain names in the ".af" domain.
• Rights that third parties claim to domain names.
• Technical problems or faults.
• Acts or omissions of the registrars regarding the
application, registration or renewal of domain names, which
may result in the non-registration, or cancellation of a domain
The .af DNS authority will exercise its best efforts to provide
its services according to the "best practices" standard
of the registration authorities. The .af DNS authority will
exercise its best efforts to provide its services according
to the "best practices" standards adopted and approved
in the national or international context.
The licensee must indemnify the .af DNS authority against
any claim (and the resulting costs, including attorneys' fees)
originating from the use or registration of a domain name
that infringes the rights of a third party. Disputes between
the .af DNS authority and the licensee must be brought before
the appropriate Afghanistan courts which will have exclusive
jurisdiction, and must be governed and interpreted in accordance
with the laws of Afghanistan.
9. Change of Registration Rules
a) The rules of the domain name registration procedure are
dynamic and subject to change.
b) If the .af DNS authority decides to change its rules,
it will make the new rules available to the public by posting
them on its web site at least thirty (30) days before the
new rules take effect. Each registration procedure will be
handled according to the rules in effect on the date the application
c) As a deviation of the previous rule, the .af DNS authority
can modify the technical registration rules without the application
of the mentioned minimum delay of thirty (30) days. Such modifications
will take effect from the moment of their announcement on
the website of the .af DNS authority. The .af DNS authority
can only make use of this specific procedure as far as those
modifications seem justified within the national or international
technical context and as far as they are intended to prevent
registrations of speculative nature.
d) The .af DNS authority will not personally inform licensees,
whose domain names have been rejected in the past, that new
rules apply, even if the rejected names would be allowed under
the new rules.
10. Dispute Resolution Policy
a) Dispute resolution.
The licensee must submit the type of disputes set out below
to alternative dispute resolution proceedings and accepts
in this regard the competence of an accredited. Dispute Resolution
Entity. The licensee accepts that those proceedings must be
conducted before one of the accredited. Dispute Resolution
Entities listed at the web site of the .af DNS authority.
The procedure will be conducted in the language chosen by
the licensee during his application. Every dispute will be
governed by the dispute resolution policy applicable when
the complaint is filed.
As of November 2002, the designated Dispute Resolution Entity
for .AF is
b) Applicable disputes.
• The licensee must submit a dispute to alternative
dispute resolution proceedings if a third party (a "Complainant")
asserts to the Dispute Resolution Entity, in compliance with
the rules of procedure, and proves that:
1. The licensee's domain name is identical or confusingly
similar to a trademark, a trade name, a social name or corporation
name, a geographical designation, a name of origin, a designation
of source, a personal name or name of a geographical entity
in which the Complainant has rights; and
2. The licensee has no rights or legitimate interests in the
domain name; and
3. The licensee's domain name has been registered or is being
used in bad faith.
• The evidence of such in bad faith registration or
use of a domain name can, inter alia, be demonstrated by the
1. Circumstances indicating that the domain name was registered
or acquired primarily for the purpose of selling, renting,
or otherwise transferring the domain name to the Complainant
who is the owner of the trademark, trade name, social name
or corporation name, geographical designation, name of origin,
designation of source, personal name or name of the geographical
entity, or to a competitor of that Complainant, for valuable
consideration in excess of the costs directly related to the
domain name; or
2. The domain name was registered in order to prevent the
owner of a trademark, a trade name, a social name or corporation
name, a geographical designation, a name of origin, a designation
of source, a personal name or a name of a geographical entity
from reflecting this name in a corresponding domain name,
provided that the licensee has engaged in a pattern of such
3. The domain name was registered primarily for the purpose
of disrupting the business of a competitor; or
4. The domain name was intentionally used to attract, for
commercial gain, Internet users to the licensee's web site
or other on-line location, by creating a likelihood of confusion
with the Complainant's trademark, trade name, social name
or corporation name, geographical designation, name of origin,
designation of source, personal name or name of a geographical
entity as to the source, sponsorship, affiliation, or endorsement
of the licensee's web site or location or of a product or
service on his web site or location.
5. The licensee registers one or more personal names without
the existence of a demonstrable link between the licensee
and the registered domain names.
• If a complaint is filed, the licensee can demonstrate
his rights or legitimate interests to the domain name by the
1. Prior to any notice of the dispute, the licensee used the
domain name or a name corresponding to the domain name in
connection with a bona fide offering of goods or services
or made demonstrable preparations for such use; or
2. The licensee (as an individual, business, or other organization)
has been commonly known by the domain name, even if he has
acquired no trademark; or
3. The licensee is making a legitimate and non-commercial
or fair use of the domain name, without intent for commercial
gain to misleadingly divert consumers or to tarnish the trademark,
trade name, social name or corporation name, geographical
designation, name of origin, designation of source, personal
name or name of the geographical entity at issue.
c) Rules of procedure. The rules of procedure of the Dispute
Resolution Entity state the process for initiating and conducting
the proceedings and for appointing the Third-party Decider
that will decide the dispute. The rules of procedure also
determine the fees that the Complainant must pay. The Dispute
Resolution Entity publishes the rules of procedure on his
d) Non-intervention of the .af DNS authority. The .af DNS
authority does not, and will not, participate in the administration
or conduct of any proceedings before. Neither the .af DNS
authority, the Dispute Resolution Entity of the Third-party
Decider will be liable as a result of any fault made in the
dispute resolution process, except for intentional faults.
e) Remedies. The remedies available to a Complainant under
any proceedings before the Third-party Decider are limited
to requiring the cancellation of the domain name registration
or the transfer of the domain name to the Complainant.
f) Notification and publication. The Dispute Resolution Entity
must publish all decisions under this dispute resolution policy
on the Internet during a reasonable term.
g) Courts of competent jurisdiction. The submittance to the
alternative dispute resolution procedures does not prevent
either the licensee or the Complainant from submitting the
dispute to a court of competent jurisdiction for independent
resolution before, during or after those proceedings. If Third-party
Decider decides that the domain name registration should be
cancelled or transferred, the .af DNS authority must wait
thirty (30) business days after being informed of the Third-party
Decider's decision before implementing that decision. The
.af DNS authority may then implement the decision unless during
those thirty (30) business days it receives from the licensee
evidence that a judicial decision, enforceable in Afghanistan,
rendered in a dispute between the licensee and the Complainant,
blocks the transfer or the cancellation. If the .af DNS authority
receives such documentation, it will not take any further
action (whilst leaving the domain name 'on hold') till it
receives (i) satisfactory evidence of a resolution between
the licensee and the Complainant; or (ii) satisfactory evidence
that the lawsuit has been dismissed or withdrawn; or (iii)
a copy of an order on the merits from that court dismissing
the lawsuit or stipulating that the licensee does not have
the right to continue to use the domain name.
h) Other disputes. All other disputes between the licensee
and any party other than the .af DNS authority over the domain
name registration that are not brought under the alternative
dispute resolution procedures must be resolved through any
court proceedings, arbitration or other available proceedings.
i) Defences. The .af DNS authority will not participate in
any dispute between the licensee and any party other than
the .af DNS authority over the registration and use of the
domain name, neither in the alternative dispute resolution
proceedings, nor in any other proceedings. The licensee must
not name the .af DNS authority as a party or otherwise include
it in any such proceedings. If the .af DNS authority is named
as a party in any such proceedings, it reserves the right
to raise any and all defences deemed appropriate, and to take
any other action necessary to defend itself.
j) Domain name on hold. As soon as a request for alternative
dispute resolution is properly filed with the Dispute Resolution
Entity and the appropriate fee is paid, the Dispute Resolution
Entity must inform the .af DNS authority of the identity of
the Complainant and the domain name involved. The .af DNS
authority must immediately put the domain name involved "on
hold", under articles 2 and 3 of these terms and conditions.
The domain name remains on hold until the end of the proceedings
set out in paragraph (g).
11. Rules For Domain Name Use
Domain name registration is strictly prohibited by any of
the following purposes:
1. The display of sexually offensive contents;
2. Spamming activities including the development of tools
used to spam ; or any software or resources to be used for
illegal activities, including viruses and hacking tools;
3. Any other activity which is illegal under Afghan law.
12. Required Documents
The registrant must bring the following documents
for the registration of domain names under .af domain.
1. If the registrant wants to register a domain name ending
a. Trade license / Business authorization or approval from
the Ministry of Commerce for any other Ministry or body responsible
for registration or licensing of such bodies.
2. If the registrant wants to register a domain name ending
a. Approval of registration documents from the ministry of
planning for verification of the specified organization or
any other Ministry or body responsible for registration or
licensing of such bodies.
13.1 The Registrant agrees that AFGNIC will
not be liable for any damage, liability, loss, costs, charges
and expenses due to or related to registration of, application
for, deletion of, suspension of, transfer of, reverse transfer
of and/or use of Registrant’s domain name, or for interruption
of business, or any direct, indirect, special, incidental,
or consequential damages of any kind (including loss of profits)
regardless of the form of actions, cause of actions, suits,
claims and demands whether in contract, tort (including negligence),
or otherwise, even if AFGNIC has been advised of the possibility
of such damages. Notwithstanding the foregoing, in the event
AFGNIC is found to be liable under this Agreement, in no event
shall AFGNIC’s aggregate liability under the terms and
conditions of this Agreement or otherwise (including negligence)
exceed the cumulative total of the Fees paid by the Registrant.
13.2 The Registrant agrees that all conditions and warranties
which would otherwise be implied into this Agreement are hereby
excluded to the fullest extent permissible by law.
The Registrant agrees to indemnify and hold
and save harmless AFGNIC, against any and all actions, causes
of action, suits, claims and demands of any nature or kind
as well as from and against any and all damages, liabilities,
losses, costs, charges and expenses including reasonable legal
fees resulting from the Registrant’s breach of the terms
and conditions of this Agreement, registration of, application
of, transfer of and/or use of the domain name.
This Agreement (including AFGNIC’s applicable rules,
policies and procedures), as amended and supplemented by AFGNIC
from time to time, contains the entire understanding between
the Registrant and AFGNIC with respect to the subject matter
hereof and supersedes all prior agreements or understandings,
inducements or conditions, express or implied, oral or written
made between the parties hereto.
By submitting this registration form the registrant is constrained
and agrees to with all applicable rules and policies effective
from time to time
document is subject to change by AFGNIC from time to time
without any prior written notice.