Secura GmbH is called in the following "registrar". Every individual or company, which is registering a domain name at Secura GmbH, is called " SLD holder".* Registrar and SLD holder are concluding this contract.
The SLD holder is obliged to provide to Registrar accurate and reliable contact details and promptly correct and update them during the term of the SLD registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the SLD holder; name of authorized person for contact purposes in the case of an SLD holder that is an organization, association, or corporation.
An SLD holder's willful provision of inaccurate or unreliable information, its willful failure promptly to update information provided to Registrar, or its failure to respond for over fifteen calendar days to inquiries by Registrar concerning the accuracy of contact details associated with the SLD holder's registration can constitute a material breach of the SLD holder-registrar contract and be a basis for cancellation of the SLD registration.
Any SLD holder that intends to license use of a domain name to a third party is nonetheless the SLD holder of record and is responsible for providing its own 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 SLD. An SLD holder licensing use of an SLD according to this provision accepts liability for harm caused by wrongful use of the SLD, unless it promptly discloses the identity of the licensee to a party providing the SLD holder reasonable evidence of actionable harm.
The SLD holder, which supplies Personal data of any third-party individuals (or companies) to the Registrar, is obliged to inform this third-party individual (or company) about the rules of data publishing and processing, which are described in these trade conditions.
Data are only collected for the technical and administrativ registration process. Registrar will not sell any data, which is collected during registration. The registered domain name, the IP-addresses of the provider, the names of the first and second name servers, and all contact informations of the administrative contact, billing contact or technical contact will be published in the Whois database, which is accessible worldwide by the public. The only purpose of this publication is the protection of consumer`s rights, by prevention the owners of websites to stay anonym.
Officers of Registrar, Network solutions and ICANN may have access to the collected data. This is necessary for the technical and administrative registration process or for the administration of the www as a whole.
The SLD holder can rectify the data by sending a letter, fax or e-mail to the Registrar.
Registrar takes reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
The SLD assures to the best of the SLD holder's knowledge and belief, neither the registration of the SLD name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. Registrar is not obliged to controll, if a domain name infringes trade mark rights.
For the adjudication of disputes concerning or arising from use of the SLD name, the SLD holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the SLD holder's domicile and (2) where Registrar is located.
The SLD holder agrees that its registration of the SLD name can be subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by Registrar or the Registry in registering the name or (2) for the resolution of disputes concerning the SLD name.
The SLD holder is irrevocable obliged to indemnify and hold harmless the Registrar, Registry (in the moment Network solutions), ICANN and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the SLD holder's domain name registration.
Registrar expressivly disclaims all liability for loss and/or incidental or consequential damage wether arising from negligence, by contract or any other cause for errors, mistakes or any consequences of domain registration by the Registrar.
*SLD=second level domain