The following text has been developed in international cooperation,
therefore it is available in English only.
In order to complete the registration process you must read
and agree to be bound by all terms and conditions herein.
1. Definitions
"You" and "your" refers to the individual or entity that wishes to register a
domain name using the registration services provided by
CORE.
"We" and "us" refers to Internet Council of Registrars
("CORE"), with
domicile in World Trade Centre II, 29 Route de Pre-Bois, CH1215, Geneva,
Switzerland.
"Knipp Medien und Kommunikation GmbH" refers to the
CORE member through
which your application is processed.
"Agreement" refers to this Domain Name Registration Agreement.
"Registry Operator" refers to the entity responsible for managing and
operating the registry where the domain name is registered.
2. Enforceability of the Agreement
The Agreement shall not be effective until and if accepted by us.
The registration of the domain name shall imply our acceptance of the
Agreement. Upon acceptance of the Agreement its terms and conditions shall be
binding for both parties.
3. Submission of the Agreement
We are an accredited registrar of Internet Corporation for Assigned Names and
Numbers ("ICANN")
under an agreement between
ICANN
and us ("ICANN
Agreement"). You also acknowledge that we have also entered into an agreement
with the Registry Operator (the "Registry Operator Agreement").
Therefore, you acknowledge that we may modify the Agreement if necessary to
comply with the
ICANN
Agreement or the Registry Operator Agreement, or in general with the
ICANN
policies or the Registry Operator Policies, that may be adopted from time to
time.
4. Your Data
4.1. As part of the registration process you are required
to provide us with the following information: a) your full
name, postal address, e-mail address, voice telephone
number, and fax number if available; b) the name of an
authorized person for contact purposes in case of a
registrant that is an organization, association or
corporation; c) the IP addresses
of the primary nameserver and secondary nameserver for the domain name; d) the
corresponding names of those nameservers; e) the full name,
postal address, e-mail address, voice telephone number, and
fax number if available of the administrative contact for
the domain name; f) the name, postal address, e-mail
address, voice telephone number, and fax number if available
of the technical contact ("your Data"); and to update it,
keep it current, accurate and complete at all times.
Without prejudice to the above, Knipp may in order to
facilitate the commercial relationship with you.
4.2. You agree to respond within fifteen (15) calendar days
to inquiries from us concerning the accuracy of your Data.
4.3. You acknowledge that your Data will be:
4.3.1. transmitted to the Registry Operator for registry use
4.3.2. publicly available through the Whois Database Service
4.3.3. made available to
ICANN
for inspection
4.3.4. included and kept in our databases for the provision of registration
services
4.3.5. included and kept in Knipps databases for the maintenance and
development of the commercial relationship.
4.4. Your Data will be held and processed by us, Knipp,
ICANN
and the corresponding Registry Operator, for the
purposes indicated above. By accepting this Agreement, you
consent to the use of your Data as described above, and to
the transfer of data to the abovementioned recipients.
4.5. Furthermore, subject to the policies implemented by
ICANN,
we may need to provide third-party bulk access to
your Data for commercial purposes. Prior to providing third
party bulk access to your Data we will obtain an agreement
in writing from such party by which it commits not to use
your Data for mass, unsolicited, commercial advertising
purposes (spam).
4.6. With respect to third party individuals personal data
that you provide us with, you guarantee that you have
informed to such third party individuals of the intended
uses and recepients of their personal data and have obtained
of such third party individuals the corresponding consent.
4.7. You may request us a copy of your Data in our
possession to review, modify or update it.
4.8. We will not process your Data in a manner incompatible
with the purposes and uses mentioned above. We will take
reasonable precautions to protect your Data from loss,
misuse, unauthorized access or disclosure, alteration or
destruction.
5. Policies of use
You agree that the domain name shall be in accordance with
the syntaxis norms established by
ICANN,
and shall not consist of any of the reserved names established by the
Registry Operator. Said norms and policies can be found at
the web page of
ICANN
www.icann.org. You acknowledge that a domain name registered against the
syntaxis norms or the reserved names may be cancelled. We will not be liable
in any case for such cancellation.
6. Licenses of the Domain Name and Agents
You will remain responsible for all obligations under this
Agreement even if you license use of the domain name to a
third party. You accept liability for any harm caused by
wrongful use of the domain name, unless you promptly
disclose the identity of the licensee to a party providing
you reasonable evidence of actionable harm.
You agree that if this Agreement is completed by anyone on
your behalf, acting as your agent, you are nonetheless bound
as a principal by all terms and conditions provided herein,
including the Dispute Policy.
7. Breach of the Agreement
You acknowledge that wilfully providing inaccurate or
unreliable information or willfuly failing to update
information promptly will constitute a material breach of
this Agreement and be a basis for its cancellation.
Furthermore, you acknowledge that failure to respond for
over fifteen calendar days to our inquiries concerning the
accuracy of contact details associated by the domain name
registration will constitute a material breach of this
Agreement and be a basis for its cancellation.
8. Domain Name Dispute Policy
You agree to be bound by our current Domain Name Dispute
Policy ("Dispute Policy") and the Dispute Policy procedures.
The Dispute Policy and the Dispute Policy procedures are
incorporated in this Agreement by reference, and can be found at
http://drs.knipp.de/go/udrp.
You agree that we, at our sole discretion, may modify the
Dispute Policy at any time. You agree that maintaining the
registration of a domain name after modifications to the
Dispute Policy become effective constitutes your continued
acceptance of said modifications. If you do not agree to
such a modification, you may request that your domain name
be deleted.
Any disputes regarding to registration or use of your domain
name will be subject to the Dispute Policy. You agree that
you will be subject to the provisions specified in the
Dispute Policy in effect at the time your domain name is
challenged by a third party. In this sense, you expressly
submit to the jurisdicton of i) the courts of our registered
domicile, ii) the courts of your domicile as indicated in
our Whois database at the time of submission of the claim
iii) and to the courts of the domicile of Knipp, being its
registered domicile Dortmund, Germany. You also agree that
in the event a domain name dispute arises with any third
party, you will indemnify and hold us harmless pursuant to
the terms and conditions contained in the Dispute Policy.
9. Cancellation, suspension of the Domain Name
You acknowledge that (i) if you wilfully provide inaccurate
or unreliable information or willfuly fail to update
information promptly and (ii) if you fail to follow the
policies of use established by the
ICANN
and the Registry Operator, will constitute a material breach of this
agreement and that it will entitle us to cause the
cancellation of your registration.
You understand and accept that your domain name registration
may be cancelled, suspended or transferred pursuant to any
ICANN
adopted specification or policy or pursuant to any
registrar or registry procedure not inconsistend with an
ICANN
adopted specification (i) to correct mistakes by us or
the Registry Operator in registering the name, including but
not limited to, the cancellation, within fortyfive (45) days
from registration, of your domain name when its registration
has taken place as a result of a previous erroneous
cancellation; or (ii) for the resolution of disputes
concerning the domain name.
You understand and accept that the Registry Operator may
cause the cancellation or transfer of your registration that
it deems necessary, in its discretion, to protect the
stability or the registry, to comply with any applicable
laws, government rules or requirements, requests of law
enforcement, or to avoid any liability, civil or criminal,
on the part of the Registry Operator or us as well as its or
our affiliates, subsidiaries, officers, directors and
employees.
We and the Registry Operator reserve the right to put your
domain name on hold during resolution of a dispute.
We reserve the right to suspend or cancel your domain name
in the event that you use the domain name to send
unsolicited commercial advertisements in contradiction to
either appliable laws or customary acceptable usage policies
of the Internet, or if you use your domain name in
connection with unlawful activity.
You understand that we will have to cause the cancellation
of your domain name registration if we receive a
notification to that effect issued by a competent authority
under the relevant applicable laws.
10. Limitation of Liability
You accept that we shall not be liable to you for (i) any
loss of registration of a domain name for whatever reason
not due to our negligence or wiful misconduct; (ii) access
delays, system errors or failures or interruptions to our
registration system; (iii) non-delivery or misdelivery of
data between you and us; (iv) events beyond our reasonable
control; (v) events produced pursuant to the instructions
received from the Registry Operator or
ICANN;
(vi) the failure of you or your agent to pay any fees hereunder;
(vii) the application of the Dispute Policy.
In no event shall our liability arising out of this
Agreement, the claim of any third party, or the termination
of this Agreement, exceed the amounts effectively paid by
you to us pursuant to this Agreement. In no
event shall we have any liability for any indirect,
incidental, special or consequential damages, however caused
and on any theory of liability, including but not limited to
loss of anticipated profits, even if it has been advised of
the possibility of such damages.
You acknowledge that we are not part of any terms or
condition that Knipp may establish in connection with the
payment of the domain names. In this sense, we will not be
responsible for any action or omission that Knipp may take
in order to obtain complete payment of the amounts due.
11. Indemnity
You represent and warrant to us that to the best of your
knowledge neither the registration of the domain name or the
maneer in which it is directly or indirectly used infringes
the legal rights of any third parties.
You shall indemnify and hold harmless the Registry Operator
and us and its or ours directors, officers, employees, and
agents from and against any and all claims, losses, damages,
liabilities, costs and expenses (including reasonalbe legal
fees and expenses) arising out of or related to your domain
name registration or use thereof. This indemnification is
in addition to any indemnification required under the
Dispute Policy.
12. Applicable law and Jurisdiction
This Agreement shall be governed by the laws of Switzerland.
Any claim, dispute or other matter in question with respect
to or arising under this Agreement or the breach thereof
shall be decided by either the Courts of your domicile, as
indicated in our Whois database at the time of submission of
the claim, or the courts of our registered domicile.
13. General
This Agreement contains our entire agreement and there are
no other promises or conditions in any other agreement
whether oral or written. This Agreement supersedes any
prior written or oral agreements between you and us.
Neither of us shall be liable for any loss or damage due to
delays in its delivery or performance, for its failure to
manufacture, deliver or perform, arising out of any cause
beyond its reasonable control.
If any provision of this Agreement shall be held to be
invalid or unenforceable for any reason, the remaining
provisions shall continue to be valid and enforceable. If a
court finds that any provision of this Agreement is invalid
or unenforceable, but that by limiting such provision it
would become valid or enforceable, then such provision shall
be deemed to be written, construed, and enforced as so
limited.
14. Special Provision
Should you wish to register a domain name under the .xxx
TLD, in addition to the above
terms and conditions, you agree to be bound by the following specific terms
and conditions.
In the event the terms above and/or the terms and conditions of Knipp
conflict with, contradict or are inconsistent with the following specific
terms and conditions, the terms above and/or the terms and conditions of Knipp
prevail over the following specific terms and conditions.
14.2.
You agree to comply with the International Foundation for Online
Responsibility's ("IFFOR") "Baseline Policies", that is incorporated and
made a part of this Agreement by reference and can be found at
http://www.icmregistry.com/policies/iffor/
14.3.
You agree to comply with the requirements set forth by the Registry Operator
for domain names registered during the Sunrise and Landrush Periods,
including the mandatory Sunrise Rules, which are incorporated to this
Agreement by reference and can be found at
http://www.icmregistry.com/launch/plan/.