2.1 This is an Agreement by and between You and COREhub and You and
Knipp Medien und Kommunikation GmbH. This Agreement explains Our
obligations to You and Your obligations to Us for the provision
of the registration services offered by Us through the Reseller.
In order to complete the registration process you must accept
all terms and conditions of this Agreement.
2.2 You acknowledge and understand that by accepting this Agreement
You also accept to be bound and comply with:
The Registry Policies, as amended from time to time,
set forth by the Registry Operator in charge of the TLDs you are
registering. "Registry Policies" refers to the terms and conditions
in the initial launch and General Registration Period of the relevant
Registry, including without limitation any standards, policies,
specifications, procedures, guidelines, practices, programs or
criteria approved by the relevant Registry in accordance with
their arrangement with ICANN, now or in the future. Appendix 1
of this Registration Agreement refers to these Registry Policies.
You are aware that Registries may update the content and/or URL
for their Registry Policies and are responsible for monitoring
them on a regular basis; and
2.3 You must comply with all applicable laws, including those that
relate to privacy, data collection, consumer protection
(including in relation to misleading and deceptive conduct), fair
lending, debt collection, organic farming, disclosure of data,
and financial disclosures.
2.4 This Agreement shall not be effective and binding to the parties
until and if accepted by Us. The registration of the domain name
shall imply Our acceptance of the Agreement.
3. DEFINITIONS
In this Registration Agreement (Agreement):
3.1 Registrant, You
and Your refers to the individual or entity
who is entering into this Agreement and wishes to register a domain name
using the registration services provided by COREhub as offered
through Knipp Medien und Kommunikation GmbH.
3.2 COREhub, We,
Us and Our refers
to COREhub S.R.L.U, with domicile in C/ Creu Coberta 17, 1er 1a,
08014 Barcelona, a registrar accredited by ICANN to provide registration
services through Knipp Medien und Kommunikation GmbH.
3.3 Supported TLDs refers to the Top-Level
Domains with the suffixes referred on the website of Knipp.
3.4 Knipp Medien und Kommunikation GmbH refers
to the COREhub reseller through which your application is processed
(Reseller).
3.5 Any reference to a Registry or
Registry Operator shall refer to the entity
responsible for operating the registry for the top-level domain
(TLD) where the domain name You apply for
is to be registered.
4. MODIFICATIONS TO THIS AGREEMENT
4.1 You acknowledge that the practice of registering and administering domain
names is constantly evolving. Therefore, You agree that We may need to
modify this Agreement, as is necessary to comply with the requirements of
ICANN and/or the Registries. We may, in Our sole discretion, elect to
discontinue offering registrations or renewals of some or all TLDs by
providing a previous reasonable notice, in which case You would be offered
the opportunity that your domain name registration is transferred to
another registrar.
4.3 Registry Policies referred to in Appendix 1 of this Agreement, as well
as the URL where they are currently located, may also be modified by
the relevant Registry. You are responsible for monitoring such Policies
in the relevant Registry's site on a regular basis.
4.4 Your continued use of the domain name registered through Our Registration
Services will constitute Your acceptance of this Agreement and of the applicable
Registry Policies and any revisions. If You do not agree to any change, You may
request that your domain name registration is cancelled or transferred to a
different accredited registrar. You agree that such cancellation or request
for transfer will be Your exclusive remedy if You do not wish to abide by
any change to this Agreement or to the applicable Registry Policies.
5. MANAGING A DOMAIN NAME
5.1. By applying to register a domain name, or by asking Us to maintain or
renew a domain name registration, You agree that neither the registration
of the domain name nor the manner in which it is intended to be used
infringes (i) this Agreement; (ii) applicable Registry Policies;
(iii) any applicable Law; or (iv) otherwise violates any third-party rights.
5.2 You agree and acknowledge that it is Your responsibility to determine
whether Your domain name registration and use infringe the Law
or violates someone else's rights, including, but not limited to, whether
any foreign language translations of your domain name infringe or violate someone else's rights.
5.3 You agree that the domain name shall be in accordance with the
syntax norms established by ICANN and/or the relevant Registry, and shall
not consist of any of the reserved names established by the Registry Operator.
You acknowledge that a domain name registered against the syntax norms,
the reserved names, or the Registry Policies may be cancelled without a refund.
We will not be liable in any case for such cancellation.
5.4 We cannot guarantee that You will obtain a desired domain name,
even if an inquiry indicates that a domain name is available at the
time of Your application. You agree that in the event of any dispute
concerning the time of the entry of a domain name registration into
the Registry system, the timestamp shown in the Registry system records
shall control.
5.5 You acknowledge and agree that registration of Your chosen domain
name does not confer immunity from objection to the registration or
use of the domain name.
6. ADDITIONAL PUBLIC INTEREST COMMITMENTS
6.1 If You collect and maintain sensitive health and financial data
You agree to implement reasonable and appropriate security measures commensurate
with the offering of those services, as defined by applicable law.
6.2 With respect to TLD strings associated to highly-regulated sectors with
closed entry requirements in multiple jurisdictions as defined in
ANNEX 2 of ICANN NGPC Resolution No. 2014.02.05.NG01,
including health and fitness (.pharmacy, .surgery, .dentist , .dds,
.hospital, .medical, .doctor), financial (.bank, .banque, .creditunion, .creditcard,
.insurance, .ira, .lifeinsurance, .mutualfunds, .mutuelle, .vermogensberater, and
.versicherung, .autoinsurance, .carinsurance) gambling (.bet, .bingo, .lotto,
.poker,.spreadbetting, .casino), charity (.charity and IDN Chinese equivalent)
education (.university), professional services (.abogado, .attorney, .cpa, .dentist,
.dds, .lawyer, .doctor), and corporate identifiers (.corp, .gmbh, .inc, .llc,
.llp, .ltda, .ltd, .sarl, .srl, .sal), you additionally represent and agree to the following:
You represent that You possess any necessary authorizations, charters,
licenses and/or other related credentials for participation in the sector associated
with the Registry TLD string of Your chosen domain name/s.
You agree to report any material changes to the validity of
Your authorizations, charters, licenses and/or other related credentials
for participation in the sector associated with the TLD string of Your
domain name/s in order to ensure You continue to conform to appropriate
regulations and licensing requirements and generally conduct Your activities
in the interests of the consumers You serve.
7. FEES
As consideration for the registration services regulated in this Agreement You agree
to pay the applicable fees. Fees are non-refundable even if Your domain name is suspended,
cancelled or transferred to another registrar prior to the end of Your current
registration term.
8. ACCURACY OF YOUR CONTACT INFORMATION
8.1 You agree to provide all the required information of the domain name being registered
as well as complete, accurate and reliable contact details from persons or entities associated
with domain name records as required by the registration process, including:
Your full name, postal address, e-mail address, voice telephone number, and
(where available) fax number;
The full name, postal address, e-mail address, voice telephone number, and
(where available) fax number of the technical contact for the registered name;
The full name, postal address, e-mail address, voice telephone number, and
(where available) fax number of the administrative contact for the registered
name;
The full name, postal address, e-mail address, voice telephone number, and
(where available) fax number of the billing contact for the registered name; and
Any alternative data element required by ICANN and/or the relevant Registry
in relation to a particular TLD, in which case the alternative required data elements
shall replace and supersede the above-referred data with respect to that
particular TLD.
All data referred to in this Section shall be jointly referred to as "Contact Information".
Providing Contact Information is mandatory in order to register a domain
name.
8.2 During the term of the domain name registration, You shall immediately correct and
update the Contact Information. The Contact Information may be used for the notification of
complaints or reports of registration abuse, as well as the contact details of
the relevant regulatory, or industry self-regulatory, bodies in their main place of business.
8.3 You acknowledge that a breach of this Section will constitute a material breach of this
Agreement, which will entitle us, the Reseller and the relevant Registry Operator, at
our sole discretion, to immediately terminate this Agreement and/or temporarily suspend
Your domain name without any refund.
9. DATA PROTECTION NOTICE
9.1 Your Contact Information is collected and will be held and processed for the purposes
of providing the registration services requested by You and on Your behalf. You
acknowledge that Your Contact Information will be:
Transmitted to the relevant Registry. This transfer is necessary for the domain
name to be registered within the relevant Registry. The Registry will only use
your data to provide registry services;
Publicly available through the Whois database service, where the Contact Information
can be consulted, on a query-by-query basis, by anybody with access
to the Internet;
Included and kept in Our databases for the provision of the registration services
regulated in this Agreement; and
Transmitted to Iron Mountain, a reputable escrow agent mutually approved by
COREhub and ICANN, to be held in escrow, with no use other than verification
that the deposited data is complete, consistent, and in proper format, until released
to ICANN. In the event the escrow agreement with Iron Mountain is released,
ICANN or its assignee shall have a non-exclusive irrevocable, royalty-free
license to exercise (only for transitional purposes) or have exercised all
rights necessary to provide registrar services.
9.2 Additionally, Your Contact Information may be made available to ICANN for inspection,
if ICANN requests so. It may also be used for the notification of complaints or
reports of registration abuse, as well as the contact details of the relevant regulatory,
or industry self-regulatory, bodies in their main place of business.
9.3 Furthermore, subject to the Policies implemented by ICANN, We may need to provide
third-party bulk access to your Contact Information for commercial purposes. Prior to
providing third party bulk access to your Contact Information We will obtain an agreement
in writing from such party by which it commits not to use the Contact Information (i)
to allow, enable, or otherwise support the transmission by e-mail, telephone,
postal mail, facsimile or other means of mass unsolicited, commercial advertising or
solicitations to entities other than the data recipient's own existing customers;
or (ii) to enable high volume, automated, electronic processes that send queries
or data to the systems of any Registry Operator or ICANN-accredited registrar, except
as reasonably necessary to register domain names or modify existing registrations.
9.4 COREhub will not process the Contact Information in a manner incompatible with
these purposes. COREhub will take reasonable precautions to protect the Contact Information
from loss, misuse, unauthorized access or disclosure, alteration or destruction,
as well as undertaking any other security measure required by applicable Law.
9.5 By accepting this Agreement, You expressly consent to the use, copying, distribution,
publication, modification and other processing and transferring of your Contact Information
in a manner consistent with the purposes specified above and with relevant
mandatory local data protection and privacy laws.
9.6 You may request a copy of Your Contact Information in Our possession to review, modify
or update it by sending an email to support@knipp.de.
9.7 With respect to third-party individuals whose personal data You may provide Us with,
You represent and warrant that You have informed such third-party individuals of the
intended uses and recipients of their personal data, of how can they access and, if necessary,
modify the data We hold about them. You also represent and guarantee that
You have obtained from such third party individuals the corresponding consent to
process their personal data according to this Registration Agreement.
10. RENEWAL
10.1 You are solely responsible for ensuring the domain name is renewed. If You fail to
renew Your domain name in a timely fashion, Your Registration will expire, Your
rights to such domain name will terminate and the domain will be disabled so it no
longer resolves on the Internet.
10.2 Once your registration has expired, we will only permit You to redeem a deleted
registration during the Redemption Grace Period if such Redemption Grace Period
is offered by the respective Registry. Additional costs for the redemption and reregistration
will apply, in accordance with the price list published in our
website.
10.3 We shall have no liability to You or any third party in connection with
the renewal or any attempt to renew the domain name as described herein, including
but not limited to any failure or errors in renewing, or attempting to renew the domain
name. This limitation of liability is in addition to any other limitations of liability set
forth in this Agreement.
11. CHANGE OF REGISTRANT
11.1 You designate Knipp as your Designated Agent, thus explicitly authorizing
Knipp to approve any change of registrant which is requested to COREhub on your
behalf.
11.2 You explicitly opt out of the 60-day inter-registrar transfer lock following to any
change of registrant request which is sent to COREhub on your behalf.
12. POLICY OF USE
12.1 In this Agreement by "use," "usage" or "using" Your domain name, we mean any use
involving the Internet, including, but not limited to, website(s) and/or any pages
thereof resolving at Your domain, either directly or indirectly (including redirection,
framing, pop-up windows/browsers, linking, etc.) and email distribution and/or reception.
12.2 You agree that the domain name registered through COREhub will be used in compliance
with (i) this Agreement, as amended from time to time (ii) any applicable Registry
Policies; (iii) applicable statute, rule or law governing use of the Internet and/or
electronic commerce (specifically including "phishing," "pharming," and/or distrib-
uting Internet viruses and other destructive activities).
12.3 You must abstain from distributing malware, abusively operating botnets, phishing,
piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting
or otherwise engaging in activity contrary to applicable law.
12.4 You will take reasonable steps to avoid misrepresenting or falsely implying that You
or Your business is affiliated with, sponsored or endorsed by one or more country's
or government's military forces if such affiliation, sponsorship or endorsement does
not exist.
12.5 You are responsible for the usage of your domain at all times during the period of Your
registration. If you allow another person to use Your registered domain name and that
person has not entered into a Registration Agreement with Us, You may be liable for
wrongful use of Your domain name by the third party.
12.6 You may not use Your domain for the following types of activity:
Violating the privacy or publicity rights of another member of the global financial
services community or any other person or entity, or breaching any
duty of confidentiality that You owe to any third party;
Promoting or engaging in hate speech, hate crime, terrorism, violence against
people, animals, or property, or intolerance of or against any protected class;
Promoting or engaging in defamatory, harassing, abusive or otherwise objectionable
behavior;
Engaging in behavior that is anti-competitive boycotts or otherwise violates
anti-trust laws;
Promoting or engaging in any spam or other unsolicited bulk email, or computer
or network hacking or cracking;
Promoting or engaging in any money laundering or terrorist financing activity;
Infringing on the intellectual property rights of third parties;
Engaging in activities designed to impersonate any third party or create a
likelihood of confusion in sponsorship;
Distributing or installing any viruses, worms, bugs, Trojan horses or other
code, files or programs designed to, or capable of, disrupting, damaging or
limiting the functionality of any software or hardware.
12.7 All .bank domains must be used to serve the needs of the global banking community.
In using Your .bank domain, You may not use Your domain for any purposes prohibited
by the laws of the jurisdiction(s) in which You do business or any other applicable
law. The use of Your .bank domain name must respect all the provisions in this Clause
12. In addition, You may not use Your .bank domain for the following types of activity
or purposes:
Engaging in any activity purpose prohibited by the bank's charter or license; or
Promoting or engaging in pornography; or
Interfering with the operation of .bank gTLD or services offered by the .bank
Registry Operator; or
Disseminating content that contains false or deceptive language, or unsubstantiated
or comparative claims, regarding the .bank Registry Operator; or
Licensing your domain to any third party during the period of Your registration.
In addition, You acknowledge and agree that proxy registrations are prohibited
for all gTLDs operated by the .bank Registry Operator.
13. DISPUTE RESOLUTION
13.1 Any disputes regarding registration or use of your domain name will be subject to the
applicable domain name dispute resolution Policy and the Dispute Policy procedures
established by the relevant Registry and/or mandated by ICANN, including but not
limited to (i)
http://www.icann.org/en/help/dndr/udrp
("UDRP"); and (ii)
ICANN's Uniform Rapid Suspension Policy
http://newgtlds.icann.org/en/applicants/urs
("URS") in those TLDs where the application of these policies is mandatory.
13.2 Notwithstanding anything in this Agreement to the contrary, the Registry Operator for
each COREhub Supported TLD is and shall be an intended
third party beneficiary of this Agreement. As such, the parties to this Agreement
acknowledge and agree that the third party beneficiary rights of each Registry Operator
have vested and that the Registry Operators have relied on their third party beneficiary
rights under this Agreement in agreeing to COREhub being a registrar of the
TLD they operate. Additionally, the third party beneficiary rights of the Registry Operators
shall survive any termination or expiration of this Agreement.
14. RESERVATION OF RIGHT TO DENY, SUSPEND, CANCEL AND TRANSFER YOUR DOMAIN NAME
14.1 Without prejudice to Our rights of termination, We expressly reserve the right, in our
sole discretion, to deny, suspend, cancel and/or transfer Your domain name registration if:
You willfully provide inaccurate or unreliable Contact Information, or intentionally
or negligently fail to promptly update it;
You fail to follow the policies of use mandated by ICANN and/or the relevant
Registry Policies;
You engage in distributing malware, abusively operating botnets, phishing, piracy,
trademark or copyright infringement, fraudulent or deceptive practices,
counterfeiting or otherwise engaging in activity contrary to applicable law;
You fail to respond for over fifteen (15) days to inquiries by Reseller and/or
Us concerning the accuracy of Contact Information associated with your domain
name or another incidence associated to your domain name;
You or third parties reasonably appear to be engaging in illegal activity in
the registration or use of the domain name;
You use the domain name to send unsolicited commercial advertisements
in contradiction to either applicable laws or customary acceptable usage
policies of the Internet;
The domain name reasonably appears to be infringing upon or otherwise
violate the rights of third parties;
You engage in a conduct that may reasonably put Us in breach of any applicable
Law, governing authority, Registry Regulation, public policy or third
party agreement; and/or
Law enforcement, a Court of Justice or another relevant authority requests
that We do so.
14.2 You acknowledge and agree that your domain name registration may be denied, cancelled,
suspended and/or transferred pursuant to any ICANN adopted specification or
Registry Policy or pursuant to any registrar or registry procedure not inconsistent
with an ICANN adopted specification:
14.3 to correct mistakes by Us, the Reseller and/or the Registry Operator in registering the
name, including but not limited to, the cancellation within forty five (45) days from
registration of your domain name when its registration has taken place as a result of
a previous erroneous cancellation; or
14.4 for the resolution of disputes concerning the domain name. For example, We and the
Registry Operator reserve the right to put your domain name on hold during resolution
of a UDRP or URS dispute.
14.5 You acknowledge and agree that the relevant Registry Operator also reserves the right
to deny, suspend, modify the status, cancel and/or transfer any registration that it
deems necessary, in its discretion, (i) to protect the integrity, security, and stability or
the Registry; (ii) to comply with all applicable laws, government rules
14.6 or requirements, requests of law enforcement, in compliance with any dispute resolution process;
(iii) to avoid any liability, civil or criminal, on the part of the Registry
Operator as well as its affiliates, subsidiaries, officers, directors, representatives, employees,
and stockholders; (iv) for violations of the terms and conditions of this Agreement.
15. TERM
This Agreement will remain in effect during the term of your domain name registration
as selected, recorded and paid for at the time of registration or any renewal
thereof. Should the domain name be transferred to another registrar, the terms and
conditions of this Agreement shall cease.
16. LIMITATION OF LIABILITY
16.1 You accept that, to the extent permitted by Law, We shall not be liable to You for any
direct or indirect or consequential loss or damage of any kind (including but not limited
to loss of profit, goodwill, business opportunity or anticipated saving) suffered
due to:
Any loss of registration of a domain name for whatever reason not due to our
negligence or willful misconduct;
Interruptions, access delays, system errors, omissions, or failures in our registration system;
Non-delivery or misdelivery of data between You and Us; or Us and the Registries;
Interruptions or failures of hosting and/or other services not provided by Us,
or other events beyond our reasonable control;
Change of Registry and/or ICANN Policies;
Events produced pursuant to the instructions received from the Registry Operators and/or ICANN;
Suspension, cancellation or lose of registration or control -temporarily or
definitely- of a domain name registered through COREhub:
(1) In accordance with this Agreement; or
(2) Connected with a decision of the Registry; or
(3) Due to Registry's negligence or Registry's insolvency;
Non-renewal of a domain name because You did not successfully renew
prior to the expiration of the then current term;
Renewal of a domain name when You have not cancelled it in the appropriate timeframe;
Any other events beyond our reasonable control, or not due to our negligence or willful misconduct.
16.2 To the extent permitted by Law, in no event shall Our entire liability for any and all
damages, however caused and on any theory of liability, and Your exclusive remedy
arising out of this Agreement, exceed the amounts effectively paid by You to Us for
the Registration Services pursuant to this Agreement.
17. INDEMNITY
17.1 You shall indemnify and hold harmless the Registry Operator, COREhub and Us,
and our respective directors, affiliates, officers, directors, agents, partners,
employees, attorneys and subcontractors for any loss, liabilities, damages, costs
or expenses, including reasonable attorneys' fees, resulting from any third party claim,
action, or demand, whether in court or not, arising out of or related to
Your domain name registration and/or use thereof;
Your breach or violation of any term, condition, representation or warranty of
this Agreement; or
Your violation of any rights of others.
17.2 This indemnification is in addition to any indemnification required under the UDRP
or any similar policy.
18. EFFECTS OF TERMINATION
18.1 In the absence of Extenuating Circumstances (as defined below), Your domain name
shall be deleted within forty-five (45) days of the termination of this Agreement.
18.2. For the purposes of this Agreement, "Extenuating Circumstances" are: (i) UDRP action,
(ii) a valid court order, (iii) failure of Our renewal process (which does not include
Your failure to respond), (iv) the domain name is used by a nameserver that
provides DNS service to third parties, (v) You are subject to bankruptcy proceedings,
(vi) payment dispute (where You claim to have paid for a renewal, or a discrepancy in
the amount paid), (vii) billing dispute, (viii) domain name subject to litigation in a
court of competent jurisdiction, or other circumstance as specifically approved by
ICANN and/or the relevant Registries.
19. APPLICABLE LAW AND JURISDICTION
19.1 To the extent permitted by Law, this Agreement shall be governed by the laws of the
Germany.
19.2 You agree that if there is a dispute in connection with the use of the domain name, the
competent Courts will be the Courts of Dortmund, where Our registered domicile is. If
this provision shall be held to be illegal, invalid or unenforceable, the competent
Courts will be those of Your domicile, as indicated in the Whois database at the time
of the submission of the claim.