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 registration is always for defined periods. The first registration period is of one or two years. It is afterwards prolonged year by year. The domain is renewed upon payment. SLD holder will receive an invoice for renewal four weeks in advance. If SLD holder will have not paid this invoice after one reminder, the domain will be deleted according to ICANN Policies within 45 days after the expiration date.
SLD holder can demand within 30 days after deletion the restore of the domain. The restore fee is 100 US-Dollars/domain. The restore fee is a different from the domain renewal fee. It must be paid together with the due domain renewal fee in advance.
The SLD holder is not entitled to change registrar within the first 60 days after registration or a domain transfer . The changement of registrar during the contract period does not result in a re-payment of registration fee, even not partially.
The SLD holder is obliged to provide to the 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 a SLD holder that is an organization, association, or corporation.
A SLD holder's willful provision of inaccurate or unreliable information, its willful failure promptly to update information provided to the 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. A SLD holder licensing use of anSLD 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 administrative 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 and Registries like Verisign Global Registries, Neulevel Inc. or Afilias Ltd. 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 signed letter, fax or e-mail (with signed PDF-, TIF- or JPG-File) to the Registrar.
Secura GmbH permits use of data it provides in response to queries for any lawful purposes except to:
(a) allow, enable, or otherwise support the transmission by e-mail, telephone, or facsimile of mass, unsolicited, commercial advertising or solicitations to entities other than the data recipient's own existing customers; or
(b) enable high volume, automated, electronic processes that send queries or data to the systems of any Registry Operator or ICANN-Accredited registrar, except as reasonably necessary to register domain names or modify existing registrations
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 control, 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 UDRP and all other policies of ICANN and the conditions of the registries like EURID, Verisign, Afilias, Neulevel, Global Name are automatically part of the trade conditions between Secura and the SLD holder.
The SLD holder is irrevocable obliged to indemnify and hold harmless the Registrar, Registries of domain, like e.g. Verisign Global Registries, Global.Name Registriy, Afilias Ltd. or Neulevel Inc., 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. This obligation of SLD holder survives the termination or expiraion of the contract between Secura GmbH and SLD holder.
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.
Consumers registering .info-domain consent also
to the use,copying,distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator (Afilias)
submit not only to proceedings commenced under ICANN's Uniform Domain Name Resolution Policy, but also to the Sunrise Dispute Resolution Policy of Afilias.
Consumers registering .name-domain consent also
to the .name conditions, Registrants rights and responsibilites and the Defensive Registrations Conditions, Registrants rights and responsibilites. to ICANN standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or under any other arrangement with ICANN; and operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner and applicable to all Registrars, including affiliates of Registry Operator, and consistent with ICANN's standards, policies, procedures, and practices and Registry Operator's Registry Agreement with ICANN. Among Registry Operator's operational standards, policies, procedures, and practices are those set forth in Exhibit E. Additional or revised Registry Operator operational standards, policies, procedures, and practices for the Registry TLD shall be effective upon thirty days notice by Registry Operator to Registrar.
Professionals registering pro-domain consent also:
Represent and Warrant that the data provided in the Registered Name or Defensive Registration application is true, correct, up to date, and complete; and that the registrant will at all times during the term of its registration keep the information provided above up to date; Represent and warrant that the registration satisfies the applicable .pro restrictions at the time of registration; Represent and warrant that the Registered Name registration satisfies the digital security requirements stated in Appendix L of the Registry Agreement; Agree to be subject to the Qualification Challenge Policy and the Uniform Domain Name Dispute Resolution Policy (the "UDRP"); Agree not to make any representation to any person or entity that expressly or impliedly conveys that the registration of the Registered Item in any way signifies or indicates that the Registered Item Holder possesses any general or specific professional qualifications, including, but not limited to, professional qualifications in a particular field; Certify that the Registered Item Holder has the authority to enter into the registration agreement; For applications during the Sunrise Period, certify that the registration qualifies for a Sunrise Registration, as set forth in Appendix J of the Registry Agreement. For Intellectual Property Defensive Registrations, including Sunrise Registrations, agree to be subject to the Intellectual Property Challenge Defensive Registration Challenge Policy. Agree to the use, copying, distribution, publication, modification and other processing of Registered Item Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 of this Agreement. Acknowledge that Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period including, without limitation: (i) the ability or inability of any registrant to obtain a Registered Item during these periods, and (ii) the results of any dispute over a Sunrise Registration. Acknowledge that the Registrar reserves the right to reject any application to register a Registered Item for any reason or no reason, including but not limited to if either Registrar or Registry Operator reasonably believes it does not satisfy the conditions for a Registrations (including, the Sunrise Registration Conditions or .pro eligibility requirements). The Registered Item Holder acknowledges having read and understood and agrees to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/dndr/udrp/ policy.htm (For registration agreements relating to Intellectual Property Defensive Registrations, including Sunrise Registrations:)The Intellectual Property Defensive Registration Challenge, available at http://www.registrypro.pro/defensive.htm and http://www.icann.org/dndr/prosdrp/policy.htm; The Qualification Challenge Policy and Rules, available at http://www.icann.org/dndr/proqcp/policy.htm and http://www.icann.org/dndr/proqcp/uniform-rules.htm; The .pro TLD restriction requirements, available at http://www.registrypro.pro/qualifications.htm; For registrations of Registered Names, the .pro TLD digital certification requirements, available at http://www.registrypro.pro/certifications.htm; and Procedures for any applicable Verification Toolkit. "The Registered Item Holder represents and warrants that, at all times during the term of Registered Item registration, he, she, or it meets the .pro registration requirements set forth by Registry Operator for the registration of the Registered Item Holder's registration. The Registered Item Holder is required to provide prompt notice to Registrar if it fails to meet such registration requirements. Registrar and/or Registry Operator shall have the right to immediately and without notice to Registered Item Holder, suspend, cancel or modify a Registered Item Holder's registration if, at any time, the Registered Item Holder fails to meet the registration requirements for such domain name or Defensive Registration."
Consumers and companies registering mobi-domain consent also:
Registered Name Holder shall:
Indemnify to the maximum extent permitted by law, defend and hold harmless Registry Operator, 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 relating to the Registered Name Holder’s domain name registration and or use, and this indemnification obligation survive the termination or expiration of the registration agreement; (3.7) Indemnify, defend and hold harmless Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration and or use, and indemnification obligation survive the termination or expiration of the registration agreement; (3.7.1) Acknowledge and agree that notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. (“dotMobi”), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotMobi have vested and that dotMobi has relied on its third party beneficiary rights under this Agreement in agreeing to Secura GmbH being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotMobi shall survive any termination or expiration of this Agreement. (3.8.3)
Comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; (3.8.1)
Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty days notice by Registry
Operator to Registrar; (3.8.2)
Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory local data protection, laws and privacy; (3.8.4)
Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP"); (3.8.5) Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name; (3.8.6)
Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute made during the limited industry launch or over a Sunrise Registration. (3.8.7) Acknowledge and agree that the Registry and Registry Services Provider, acting in consent with the Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute. (3.8.8.) Acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotMobi Style Guide (www.mtld.mobi) and consent to the monitoring of the website as described in the dotMobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted. (3.8.9) Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract. (3.9.1).
*SLD=second level domain