:: Domain Name Registration Agreement
.CD Registration Agreement
These terms and conditions relate to all
completed registration forms for the Top Level Domains which are
accepted by the Company.
1. Object of Agreement
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Key-Systems GmbH - The dot CD Registry - Berlin and
Friedrichsthal/Germany - in the following Key-Systems - is the
official registry notified to the "Internet Assigned Numbers
Authority" (IANA) as "Administrative Contact and "Technical Contact"
(Registry) for cc Top Level Domains with the string .CD - according
to ISO 3166-1. In this capacity Key-Systems assigns and registers
second and third level domain names with the .CD extension under
www.CD, www.NIC.CD and www.CDregistry.net on a first come first
served basis.
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Customers agree to modifications of these terms and conditions four
weeks after their publication on the homepage of Key-Systems - The
dot CD Registry - and warrant to check the homepage regularly.
Disapprovals should be sent to Key-Systems within four weeks after
publication.
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All services - especially registrations of domain names and renewal
of registrations are only accepted on the basis of these terms and
conditions. Modifications are only accepted with the written consent
of Key-Systems. These terms and conditions - including the annexes -
are also the basis for all business relations in the future.
2. Domain registration and renewal of registration
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Key-Systems registers domain names with .CD extensions as official
registry. Administering domain names registered prior to March 15,
2001 Key Systems acts however only as a mediator between the
Sponsoring Agency and the customer and has no influence on the
administration of those domain names. As there might be rights of a
third party involved Key-Systems has no obligation to guarantee the
continuity of the existence of any registered domain name.
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The customer assures that the domain name and the use of the domain
does not interfere with or infringe the rights of a third party and
that there are no other obstacles to register the domain name.
3. Domain Name Dispute Policy
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Key-Systems does not examine the right of registrations. If
registration of a domain name might interfere with or infringe the
rights of a third party the third party has the right to contact the
registrant of the domain name. Until the whois database services
will be available Key-Systems will inform on the registrant's
contact data on written request of a third party. The request should
indicate the domain name concerned, the reason of the request and
the personal data of the third party including his address and phone
number. In respect to the third party the involvement of Key-Systems
is restricted to inform this party about the holder of a disputed
domain name. The customer is responsible to protect his interests
himself.
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Customer agrees that Key-Systems has to respect a court decision
that may result in a cancellation or transfer of a domain name to a
third party if customer does not inform within 10 days after a
decision that he has commenced a lawsuit against the complainant in
a higher Jurisdiction regarding the right to use the disputed domain
name. During a pending legal proceeding or during a period of
fifteen (15) days after such proceeding is concluded the customer
and/or registrar may not transfer the domain name registration to a
third party unless the third party agrees, in writing, to be bound
by the decision of the court.
4. Limitation of Liability and Force Majeure
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As a condition of the customer's access and use of the registration
service and other services the customer agrees to defend, indemnify,
save and hold harmless Key-Systems, agents, partners, ICANN, IANA,
as well as all persons involved in the registration process in
respect to all claims, demands, liabilities, costs and/or expenses
resulting from a illegal use of a domain name registered by the
customer.
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Key-Systems, agents, partners, ICANN, IANA, nor any person involved
in the registration will be liable to the customer or any third
party for any direct or indirect loss of profits, earnings or
business opportunities, damages, expense, or costs resulting
directly or indirectly from any failure to perform any obligation or
provide service hereunder because of any Force Majeure, or
governmental acts or directives, strikes, riot or civil commotion,
war, any natural disaster, equipment or facilities shortages which
are being experienced by providers of telecommunication services
generally, or other similar force or condition beyond Key-Systems
reasonable control.
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Concerning registration of multi-lingual domain names customer
accepts that the service might be modified, interrupted or even
terminated by the registry without prior notice. Key-Systems has no
obligation to guarantee the continuity of the existence or
availability of multi-lingual domain names and registration is on
customers own risk.
5. Contract
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An application to use the services of Key-Systems is only accepted
if Key-Systems confirms, in writing, the acceptance of the
application or if it implements the application.
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If the customer intended to register more than one domain and some
domains are not available he will accept those which could be
registered.
6. Life of Contract and Termination
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The duration of contracts concerning registrations of domain names
or renewals of domain names is one (1) to ten (10) years.
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If the parties do not agree otherwise a contract with a limited
duration will be renewed automatically for twelve (12) months if one
of the parties does not confirm the termination, in writing, three
(3) months before the termination. Apart from the regulations under
a) and b) both parties have the right to terminate the contract for
an important reason. An important reason on behalf of Key-Systems is
non payment.
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The customer will be informed by e-mail not later than (30) days
before the end of the registration period asking payment for
renewal. In the case of non payment the domain will be deleted. d)
An open ended contract can be finished by giving notice, in writing,
not later than ten (10) days before the end of a month.
7. Data and Protection of Data
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The customer has to transmit the following information and data:
his full name, postal address, e-mail address, voice telephone
number, and fax number if available - if the registrant is an
organization, association, or corporation - additional information
on name and address of an authorized person for contact purposes.
If the customer intends to use an own Domain Name Server (DNS): the
IP-addresses of the first and secondary server; the names of these
servers;
the full name, postal address, e-mail address, voice telephone
number, and fax number if available of the administrative contact;
the full name, postal address, e-mail address, voice telephone
number, and fax number if available of the technical contact;
and the full name, postal address, e-mail address, voice telephone
number, and fax number if available of the billing contact.
The information has to be modified if necessary.
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According to article 33 of the German Law on the Protection of
Personal Data Key-Systems informs his customers that in the process
of the registration of domains personal data are stored and
processed and that personal data are transferred to third parties
involved in the registration process. The registration also includes
storage of personal data in so-called "whois" data bases.
Key-Systems is authorized to use the data for improvement of its
services and to even better adapt its services to the needs of the
customers. The customer has the right to be informed free of charge
on the storage of his personal data.
8. Pricing
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The prices for domain registration and other services of Key-Systems
are published on its homepage; these prices can be changed any time.
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Prices for renewals of domains are only valid for pending renewals;
for renewals in the future the actual price on the day of the
renewal will be effective.
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Prices for domain registration include all taxes and fees.
9. Payment
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Payment can be made by credit cards (VISA, MasterCard, EuroCard),
wire transfer or by sending a check on a German bank.
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Registrars are obliged to open an account with Key-Systems and to
run it with a credit in order to register customers domain names
without delay.
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The registration process for customers can only start upon
information about the number of the credit card and its validity -
in the case of payment by check or wire transfer - with the
information of our bank about the credit of the respective payment
on the account of Key-Systems.
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Customer agrees that he will lose all rights on the selected domain
name in cases of a charge back by their bank or credit card company,
credit card fraud or any other reversed payment. Key-Systems will in
such cases decide at its own sole discretion whether to hold the
name in its own portfolio or to cancel the domain name.
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The payment for a domain registration and other fees are not
refundable in case of an early ending of a contract.
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Prepayments for domains which could not be registered will be
refunded.
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Against claims of Key-Systems the customer can only offset his own
claims if these claims are accepted by Key-Systems, in writing.
10. Contents
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In the case of using web hosting services of Key-Systems customers
are responsible to provide full information of name and address in
the contents.
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The customer is responsible to load only contents which are
compatible with the law and the rights of third parties (including
copyright and all rights concerning trademarks and personal data).
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The customer agrees to defend, indemnify, save and hold Key-Systems
harmless in respect to all claims, demands, liabilities, costs
and/or expenses resulting from a violation of the obligations
mentioned under a) and b).
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Servers are available 24 hours a day and 7 days a week. However
Key-Systems can not guarantee permanent and uninterrupted services
and will not be liable to the customer or any third party for any
direct or indirect loss (see article 4 b).
11. Final Clauses
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Changes of the terms and conditions, modifications of a contract,
and finishing of contract can only be done in writing including
e-mail transmission.
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For registrars, commercial customers and authorities in Germany, as
well as for all customers without permanent residence in Germany all
action shall be brought exclusively in the court of
Saarbrücken/Germany.
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For the contract between Key-Systems and a customer the law of
Germany is the only governing law.
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If any provision of these terms and conditions shall be
unenforceable and/or invalid, such unenforceability and/or
invalidity shall not render these terms and conditions unenforceable
or invalid as a whole. Any provision determined to be unenforceable
or invalid shall nonetheless be enforced to the fullest extent
permitted by applicable law. Thrush provision might also be replaced
by Key-Systems with one which is valid and enforceable and contents,
to the extent possible, of the original objectives and intents, as
reflected in the original provision.
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Both texts of these "terms and conditions in English and German
languages are equally authentic.
12. Customer Acceptance
By ordering .CD domain names and/or by clicking the "I agree" button
in the order section the customer represent and warrant that he on
his own behalf, or as a duly authorized representative of his
company, can form legally binding contracts under applicable law and
hereby agrees to comply with and accept the Registration Agreement
consisting of the Terms and Conditions for the registration of dot
CD domain names, the registration policy and the Privacy Policy.
13. Registration Policy
Key-Systems GmbH, Berlin and Friedrichsthal (Key-Systems) is the
delegated authority for registering domain names in the .cd
top-level domain.
The domain name space is served on a first come first served basis.
Key-Systems has a rather liberal policy about domain names as soon
as the domain name is in relation with the business name or one of
its marks. The general principle is that a domain must reflect the
truth. The domains are registered just under the top level domain
code.
Any domain name - except those qualified by Key-Systems as
restricted or undesirable - may be assigned. An undesirable name is
defined as being vulgar, misleading people or being rejected by
Key-Systems at its own discretion. It is also applicable for domain
registration of well known brands/trademarks registered by third
parties without the consent of the owner of the brands/trademark.
The domain will be deleted immediately at the owner's request.
The domain name must have a minimum of three characters.
Applications for one or two characters domain may be considered with
prior arrangement with Key-Systems. There is no notion of property
as far as a domain name is concerned. It is rather to be seen as a
sub-delegation, and the sub-delegated entity is supposed to manage
it in compliance with the RFCs and with the usual rules applicable
to such a sub-delegation. Key-Systems will do its best in order to
run second-level domains in a fair way.
Key-Systems may delete a domain name without compensation, should
the domain be run in an inappropriate manner or be restricted or
undesirable.
The invoicing is per e-mail only. Key-Systems sends yearly invoices
to the billing contact e-mail address at the anniversary date of the
domain creation. There is no reminder sent afterwards. It is the
customers responsibility to maintain the record accurate so that the
e-mailed invoice reaches the right person. An unpaid domain is
deleted after two weeks and made available for new sub-delegation.
As rendered service for domain creation, Key-Systems installs the
requested domain in the database of its DNS servers. Our service
does not include a sale of the domain name as there is no notion of
property on a domain. By using a registration form, the user agrees
to comply with all the present and future policies of Key-Systems.
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