:: Domain Name Registration Agreement
.DE Registration Agreement
In order that a party may hold a valid
.de
domain name registration, SupraLink, requires that all registrants
adhere to certain terms and conditions. As an organization or
individual applying to register, transfer or renew an .de domain
name via SupraLink you accordingly agree as follows:
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/servlet/Whois 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 pricelist, which can be called off
under
http://www.denic.de/DENICdb/domainreg/DENICdirect/preisliste.en.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 owner 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.
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