Domain Name Registration Agreement
1. The Contracting Parties
1.1. This Domain Name Registration Agreement (“the Agreement”) is made between you (“Registrant”) and the sponsoring registrar, Ascio Technologies, Inc. Danmark, Filial af Ascio Technologies Inc, USA (“Registrar”). Registrar is an accredited registrar for domain name registrations and has been authorised by the Internet Corporation for Assigned Names and Numbers (“ICANN”) as well as other national, international and/or private organisations (“Registry/Registries”) to register ccTLD and gTLD domain names. Registrar operates entirely through third parties (“Resellers”) which process domain name applications and registrations for their customers, including Registrant.
1.2. By clicking on the relevant acceptance box on the Reseller terms and conditions page or by signing a paper registrant agreement with the Reseller, Registrant expressly accepts the terms and conditions set out in this Agreement. In the event of any inconsistency between the terms in this Agreement and any terms of your Reseller, the terms in this Agreement shall prevail. For the avoidance of doubt, Registrar operates purely as the domain name registrar and has no involvement, nor is a party to, any agreement between Registrant and any Reseller concerning any ancillary service purchased in addition to the domain name.
1.3. Registrant confirms that they are the sole responsible contracting party under this Agreement for the obligations of the Registrant and shall remain so, even if Registrant licenses use of the domain name to a third party, or if the domain name is registered for Registrant by an agent acting on Registrant’s behalf.
1.4. Registrant expressly acknowledges and agrees that the registration of any domain name is subject to all terms and conditions, policies, rules, regulations and practices (“Rules”) of ICANN and any Registry. Copies of the ICANN Rules can be accessed at the following links:
Registrar Accreditation Agreement: www.icann.org/en/about/agreements/registrars
Consensus Policies: www.icann.org/en/resources/registrars/consensus-policies
Other governing rules can be found at: www.icann.org
Copies of the Registry Rules can be accessed through www.ascio.com/policies.
1.5. All ICANN and Registry Rules are hereby incorporated into this Agreement by reference. In the event of any inconsistency between the terms of this Agreement, ICANN Rules, Registry Rules and any Reseller terms and conditions, the order of priority shall be as follows: (i) ICANN Rules; (2) Registry Rules; (3) this Agreement; and (4) any Reseller terms and conditions.
1.6. Copies of Registrar’s domain registration policies can be found at ascio.com which includes the following policies: Registrant Rights and Responsibilities, Registrant Benefits and Responsibilities, Expired Registration Recovery Policy (“ERRP”), Uniform Rapid Suspension (“URS”), Uniform Dispute Resolution Policy (“UDRP”), Acceptable Use Policy (“AUP”) and Abuse Policy.
1.7. Registrant acknowledges that this Agreement may be subject to change at any time due to (i) modifications in ICANN and/or Registry rules to which Registrar must abide and/or (ii) due to change in business practice of the Registrar. Notwithstanding this, all domain names sponsored by Registrar shall be expressly subject to this Agreement. Your continued use of the domain name sponsored by Registrar constitutes your acceptance of any changes to this Agreement.
2. Payment of Fees
2.1. Registrant acknowledges that all fees and payments for the domain name registration are processed by Reseller according to terms of payment specified by Reseller. Registrar accepts no payments made by Registrant directly. The domain name is registered for a fixed period. If domain name registration fees are not paid at the conclusion of each registration period, the domain name will be subject to cancellation, deletion and/or suspension. Registrant acknowledges that a domain name may not be registered or renewed without reasonable assurance of payment by the Registrant.
3. Responsibilities of Registrar
3.1. It is the responsibility of Registrar to submit zone file information for entry in the applicable Registry database. Registrar accomplishes this obligation by submitting to Registry the domain name, the name server information and other information necessary for the creation and maintenance of the domain name, including the personal data submitted by Registrant. Registrar is obliged to verify Registrant details from time to time pursuant to applicable ICANN and/or Registry Rules.
4. Domain Name Data Provided by Registrant
4.1. Registrant shall ensure that Registrant’s domain name applications contain accurate and reliable contact details for Registrant, technical and administrative contacts and shall correct and update the following within seven (7) days of any change during the term of the domain name registration: full name, postal address, e-mail address, voice telephone number, and fax number (if available); name of authorized person for contact purposes in the case of an organization, association, or corporation for Registrant, technical and administrative contacts; and the names of the primary and secondary name servers. Registrant acknowledges that ICANN and/or any applicable Registry may request further information pursuant to any domain name registration and Registrant shall provide all such requested information which may include but shall not be limited to company incorporation documents, trade mark certificates and local presence eligibility evidence.
4.2. Registrant acknowledges that willful provision of inaccurate or unreliable information, willful failure to update information provided within seven (7) days of any change, or failure to respond for over fifteen (15) days to inquiries concerning the accuracy of contact details associated with the domain name registration shall constitute a material breach of this Agreement and shall be a basis for suspension and/or cancellation of the domain name registration.
5. Use of Personal Data of Registrant
5.1. Personal data provided by Registrant in the domain name application and registration will be: (i) submitted to ICANN and/or the applicable Registry; (ii) made publicly available through the WHOIS service as required by ICANN and/or the applicable Registry; and/or (iii) used by Registrar for inclusion in registers and databases produced by Registrar or Resellers. Registrant acknowledges that ICANN and/or Registries are based around the world and consents to such transfer, solely to facilitate the domain name registration and the ongoing management of any domain name registration.
5.2. Registrant further acknowledges that other domain name related data, including but not limited to transaction history, billing information, approvals, registration information and other associated information is retained by Registrar and, from time to time, published to ICANN and/or the applicable Registry.
5.4. By submitting an application for a domain name registration, Registrant consents to the data collection and processing referred to in this Section 5. The personal data required to be collected by Registrar is mandatory and shall constitute only that personal data which Registrar is legally obliged to collect. Registrant can request a copy of personal data held in relation to the domain name registration by contacting its Reseller.
5.5. Registrant agrees and represents that notice concerning the use of personal data as described in this Section 5 has been given to any third party individuals whose personal data is supplied by Registrant and that Registrant has obtained the consent to use such personal data as described in this Section 5 from any such third party individuals.
5.6. Registrar agrees that personal data collected from Registrant shall not be used in any way or for any other purpose other than as set out in this Agreement. Registrar further agrees that it will take reasonable precautions to protect personal data from loss, misuse, unauthorized access or disclosure, alteration or destruction.
6. Registrant warranties and obligations
6.1. In addition to any specific warranties required by applicable Registries, when applying for a domain name, Registrant represents and warrants that: (i) statements made in the application are complete and accurate; (ii) to the best of Registrant’s knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party; (iii) Registrant will not knowingly use the domain name in violation of any applicable laws or regulations; (iv) it will comply with Registrar’s AUP (v) that Registrant is not registering the domain name for an unlawful purpose.
7. License of The Domain Name
7.1. If Registrant intends to license use of a domain name to a third party, Registrant is nonetheless the registrant of record and is responsible for providing full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name registration. Registrant accepts liability for harm caused by wrongful use of the domain name registration, unless Registrant discloses the current contact information provided by Registrant’s licensee and the identity of the licensee within seven (7) days to a party providing Registrant with reasonable evidence of actionable harm.
8 Registrant’s Rights to The Domain Name
8.1. Registrant holds no rights over a domain name until the applicable Registry has accepted Registrant’s application and completed the registration of the domain name.
8.2. Registrant’s registration of a domain name shall be subject to suspension, cancellation or transfer pursuant to any ICANN specification or policy, or pursuant to any Registrar or Registry procedure not inconsistent with any ICANN specification or policy: (1) to correct mistakes in registering the domain name and/or (2) for the resolution of disputes concerning the domain name.
9. Dispute Resolution
9.1. By purchasing a domain name, Registrant expressly agrees to be bound by any dispute resolution policy of ICANN and/or any Registry. Specifically these include but shall not be limited to the UDRP and URS which are incorporated by reference into this Agreement together with any applicable ccTLD dispute resolution policy.
9.2. For the adjudication of disputes concerning or arising from use of the domain name, Registrant submits, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of Registrant’s domicile and (2) where Registrar is located.
10. Limitation of Liability
10.1. Under no circumstances shall Registrar be liable for any special, incidental or consequential damages, or for interrupted communications, lost data or lost profits incurred by Registrant as a result of, or in connection with the domain name registration hereunder, including but not limited to: (i) the domain names suspension, cancellation, deletion, interruption or transfer due to procedures, rules or policies laid down by ICANN and/or Registry or due to practices or customs of Court of Laws or Dispute Resolving Arbitrators; and/or (ii) Registry refusal of granting Registrant the domain name for whatever reason. Save in respect of any losses that may not be prohibited or excluded by applicable law, Registrar’s total liability to Registrant arising under or in connection with this Agreement shall be limited to a total of 10,000 DKK.
10.2. Authoritative information concerning the registrant of a domain name and availability of a domain name is provided only at Registry WHOIS database, and information depicted in Registrars or Reseller WHOIS databases may therefore not be conclusive on this matter.
11.1. Registrant agrees to indemnify, defend and hold harmless ICANN, any Registry and Registrar as well as their directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fess and expenses) arising out of or related to the Registrant’s domain name registration. This indemnity obligation shall expressly survive termination of this Agreement.
12.1. This Agreement lasts for the duration of the domain name registration or, in the event that Registrant transfers the domain name registration to another registrar, the day of transfer to that registrar. Upon either event, Registrar’s obligations to Registrant shall cease. Registrant acknowledges that domain name registrations can not be transferred to another registrar within 60 (sixty) days of registration or transfer and some ccTLDs may operate equivalent transfer prohibitions.
13. Breach of the Agreement
13.1. Failure to abide by any provision of this Agreement including any ICANN and/or Registry Rules shall be considered a material breach and shall entitled Registrar to suspend, delete and/or cancel the domain name registration. Reseller shall provide the relevant breach notice to Registrant. A breach by Registrant shall not be deemed to be excused or waived by Registrar simply because Registrar did not act earlier in response to that, or any other, breach by the Registrant.
14.1. Any notices required or permitted under this Agreement may be sent to either party via mail, facsimile or email. Notice to you may be sent to the addresses depicted in your contact details at the date of the notice, including your email-address. Notice given to Registrar via email shall be sent to the address firstname.lastname@example.org and be in the English language. Notice given by facsimile or email is deemed given on the day the facsimile or email is successfully transmitted.
15.1. The terms of this Agreement are separable. If any term or section is declared invalid, it shall not affect the remaining terms or sections, which shall continue to be binding.
16.1. This Agreement is the complete and exclusive agreement between Registrant and Registrar regarding Registrant’s domain name registration.
17. Governing Law and Venue
17.1. The validity, construction and performance of this Agreement shall be governed by and construed in accordance with the laws of Denmark. Each party irrevocably submits to the exclusive jurisdiction of the courts of Denmark over any claim, dispute or matter arising under or in connection with this Agreement save in respect of any ICANN and/or Registry dispute resolution commenced in relation to the domain name.
Ascio Technologies, Inc. Danmark - Filial af Ascio Technologies, Inc. USA
Ørestads Boulevard 108, 10. Sal.th., 2300 Kobenhavn S