Please note:
The English translations of the DENIC Registration Terms and
Conditions and the DENIC Registration Guidelines are provided
for the convenience of our non-German-speaking customers.
Regardless of this, only the original German-language versions
are legally binding.
§1 Term
The General Standard Terms and Conditions are valid for the
registration agreement between DENIC Domain Verwaltungs- und
Betriebsgesellschaft eG, Frankfurt/Main, (hereinafter "DENIC")
and the applicant (hereinafter "Customer"). The Customer will
directly submit the application for the registration, or via
an Internet Service Provider, who is member of the DENIC
cooperative (hereinafter "ISP"), to DENIC. DENIC will accept
the application by confirming it or by making the registration.
§2 Duties of DENIC
(1) DENIC registers the domain under the top level .de, if the
domain is not already registered for a third party. DENIC is
not obliged to check if the use by the applicant is in
accordance with the law. In case of any obvious violations of
laws, DENIC is entitled to refuse the registration.
(2) DENIC enters the domain and its technical data into a
public register (whois), which, except for maintenance periods,
is connected to the Internet and is made available for down-
loads in regular intervals. The provision of the register by
other network operators is not part of DENIC's service.
(3) DENIC provides the domain with a dispute entry, if a third
party can authenticate that he has a right on the domain and
that he is asserting it against the holder of the domain,
provided that he indemnifies DENIC and the ISP from any possible
claims of the holder of the domain and third parties. The
dispute entry is in effect for one year. DENIC will extend the
dispute entry upon request, if the third party proofs that the
dispute is not yet closed. A domain marked with a dispute entry
may continued to be used by the holder, but it cannot be
transferred.
§3 Obligations of the Customer
(1) The Customer guarantees that his statements are correct, and
that he is entitled to use the domain, especially, that the
domain is does not violate the rights of any third parties and
does not violate any general laws. If he does not have any
residence/branch in Germany, he names a resident party in Germany
as "admin-c" to whom communications can be directed. Every
"admin-c" has to be stated under inclusion of the serving
address.
(2) The Customer takes care for the technical prerequisites for
the connection of the domain, checks the working order of the
access in the Internet immediately upon registration and checks
the data released under http://www.denic.de/en/whois/index.jsp
and immediately informs DENIC or the ISP of any changes thereof.
§4 Fees
(1) If the application was made via an ISP and if he meets the
domain payment obligations towards DENIC, the obligation of
compensation by the Customer will be inactive.
(2) If the ISP does not meet the payment obligations towards
DENIC, the Customer directly has to pay DENIC for the
registration services. Registration fees and due dates of
payments are shown in the respective current DENIC price list,
which can be called off under
http://www.denic.de/en/preisliste.html.
DENIC may change the prices with two months' notice.
§5 Liability
(1) DENIC is only liable for any damages caused by it or its
vicarious agents grossly negligent or intentionally as well as in
case of default violation of substantial contractual principal
obligations and in case of missing guaranteed features. The ISP
is not vicarious agent of DENIC.
(2) In case of ordinary negligence of substantial contractual
principal obligations, DENIC is at maximum liable up to the
typically predictable damage, usually up to the amount of
the annual domain fee.
(3) The Customer is liable for all damages caused to DENIC as a
result of incorrect registration data given.
(4) The Customer will make compensation to DENIC for all damages
caused to DENIC by the use by third parties, due to the missing
entitlement of the Customer for the use of the domain, and
indemnifies DENIC from all claims of any third parties.
§6 Change of ISP and Transfer of Domain
(1) On termination of the ISP agreement, with subsequent
management by the Customer himself, or in case of change of the
ISP, the Customer himself or the new ISP will apply for the
registration of the domain. DENIC executes the re-registration,
if the previous ISP does not object against the release, or if
the application for re-registration had been presented by the
Customer.
(2) The domain is transferable. DENIC will transfer the domain
to a third party named by the Customer, if the Customer
terminates the registration agreement and if the third party
applies for registration. DENIC is entitled to refuse the
application for registration, as long as a third party
asserts the right on the domain towards DENIC (DISPUTE entry).
§7 Termination and Stoppage
(1) The agreement is concluded for an indefinite time. It may
be terminated by the Customer with a one month's notice to the
end of the following month, for the first time after expiration
of the first contractual year. DENIC will not refund any fees
already paid. Termination requires the written form.
(2) DENIC may terminate the agreement without meeting any
deadline for compelling reasons, particularly, if the Customer
is persistently violating fundamental contractual obligations,
e. g.
a) he does not pay the fee due, even after demand for payment
and setting a time limit, or
b) the domain as such is in violation of law, or
c) the Customer declares in writing and without any limitations
that he does not want to use the domain, or
d) it has been established in a final court judgment that the
Customer is not entitled to use the domain, or
e) the ISP of the Customer, after demand for payment and setting
a time limit, does not pay the domain fee due, or does not
properly manage the domain, and the Customer, upon request
with a time allowed of one month, does neither name a new ISP
nor agree to the continuation without any ISP, or
f) the Customer's identity cannot be established from the
registration data, or
g) the service to the person mentioned under "admin-c" fails in
two consecutive attempts, and DENIC is not responsible for it,
or
h) the Customer, having given up his residence/branch in Germany,
after warning and setting a time limit, does not name a
resident party in Germany as "admin-c" to whom communications
can be directed, or
i) the domain information is wrong.
§8 Data Protection
It is pointed out to the Customer that names and addresses of the
domain holder as well as of the administrative and the technical
contact person and zone manager, and in addition telephone and
facsimile numbers as well as e-mail address of the technical
contact person and the zone manager are published in the DENIC
register (whois) and are passed on within the scope of the DENIC
query service. Further telephone numbers, facsimile numbers as
well as e-mail addresses are only published and passed on upon
explicit request made in writing by the Customer.
§9 Applicable Law and Place of Jurisdiction
The registration agreement shall be governed by German Law. For
merchants and persons with residence or usual stay abroad,
Frankfurt/Main is the exclusive place of jurisdiction for all
claims in connection with the agreement. DENIC may also bring an
action at the general place of jurisdiction of the Customer.