The contract between Secura GmbH and consumers or resellers about domains and other services is always for defined periods. The first regular contract period is of one,two or several
years. It is
afterwards automatically prolonged year by year. Consumers or resellers must cancel the contract concerning domains or other services 6 weeks before the end of the contract.
Registered Name Holder will receive an invoice for renewal of the contract after the end of the last period. If Registered Name Holder will have not paid this invoice after notices,
the domain will be deleted
according to ICANN Policies.
ICANN accredited Registrars send notices about the status of domains going to expire according to the new ICANN Policy.
Customers of Secura get these notices by e-mails to the Registered Name Holder.
The prices of Domains, authorized by ICANN, are different. The exact prices are published at the special websites for the single domains.
The renewal fee is the same as the registration fee. There is no higher renewal fee for late renewals. But there is an additional restore fee for the restore of a deleted domain of 90
US-Dollars for the costs of the restore and the writing of the obligatory restore report.
Registered Name Holder can demand within 30 days after deletion the restore of the domain. The restore fee is 90 US-Dollars/domain.
The restore fee is different from the domain renewal fee. It must be paid together with the due domain renewal fee
in advance.
If you pay by credit card, your credit card may be billed immediately after purchase.
The Registered Name 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 Registered Name Holder shall provide to Registrar accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the
Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of
authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation.
The Registered Name Holder shall
also provide the names of the primary name server and secondary name server,
if the domain shall not use the name servers of Secura GmbH. The Registered Name Holder
shall also provide the name, postal address, e-mail adress, voice telephone
number and fax number of the technical contact for the Registered Name,
if Secura shall not be the Technical contact. The Registered Name Holder shall also
provide the name, postal address, e-mail adress, voice telephone number and
(where available) fax number of the administrative contact for the Registered Name.
A Registered Name Holder's willful provision of inaccurate or unreliable information, its willful failure to update information provided to Registrar within seven (7) days of any change,
or its failure to respond for over fifteen (15) days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder's registration shall
constitute a material breach of the Registered Name Holder-registrar contract and be a basis for suspension and/or cancellation of the Registered Name registration.
Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name 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 Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of
the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the
Registered Name Holder reasonable evidence of actionable harm.
The Registered Name 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. The Registered Name Holder assures, that he has got the consent of the third party to the Data Processing 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, Inc.
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 Registered Name Holder can rectify the data by sending a signed letter, fax or
e-mail (with signed PDF-, TIF- or JPG-File) to the Registrar. A unsigned e-mail is not sufficient
to correct data in the WHOIS, except the e-mail is sent as immediate reply to Secura's email with the WDRP Notice (notice about Whois Data Rectification).
The Registered Name Holder consents to the Data Processing described in these trade conditions.
Registrar will not process the Personal Data collected from the Registered Name Holder in a way incompatible with the purposes and other limitations about
which are explained in these trade conditions.
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 Registered Name Holder assures to the best of the Registered Name 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 Registered Name Holder shall submit, without prejudice to other
potentially applicable jurisdictions, to the jurisdiction of the courts
(1) of the Registered Name Holder's domicile and (2) where Registrar is located. The applicable law is German law, even if the Register Domain Holder is not located at Germany.
The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or
Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in
registering the name or (2) for the resolution of disputes concerning the Registered Name.
The UDRP and all other policies of ICANN and the conditions of the registries
like EURID, VeriSign, Inc., Afilias, Neulevel, Global Name are automatically part of the
trade conditions between Secura and the Registered Name Holder.
The Registered Name Holder is irrevocable obliged to indemnify and hold harmless
the Registrar, Registries of domains, like e.g.
VeriSign, Inc., 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 Registered Name Holder's
domain name registration. This obligation of Registered Name Holder survives the termination
or expiraion of the contract between Secura GmbH and Registered Name 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.
Secura and its agents, contractors and employees has not any liability under this agreement or otherwise for any type of consequential, exemplary, special, incidental, indirect or
punitive damages, including, but not limited to, lost revenue, lost profits, loss of technology, rights or services, or interruption or loss of use of service or equipment, even if
such party has been advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), strict liability or otherwise. This
limitation applies even if Secura has been advised of the possibility of such damage. In any event, the liability of Secura and its agents, contractors and employees to a SLD
holder for any reason and upon any cause of action shall be limited to the amount paid by Registered Name Holder for such services and domain registration. The fees for secura's
services
under this agreement have been and will continue to be based upon this allocation of risk. Registered Name Holder hereby releases Secura and its agents, contractors and employees from
any
and all obligations, liabilities, and claim in excess of the limitation stated in this section.
Secura GmbH provides a high standard of performance in terms of "best practices" and "state of art". Domains are registered, if technically possible, immediately.
The registration will be confirmed to the customer via e-mail and / or letter or invoice.
At the same time Secura is also committed to the policy formulated by ICANN about the
Registrants Rights and Responsibilities .
Complaints from customers can refer to this document or to the customer's experience.
Customers can complain by e-mail to secura@domainregistry.de or by letter or fax at any time of the execution of orders. Secura GmbH handles complaints immediately or at the latest within
eight days.
Resellers
Resellers do not display the ICANN or ICANN logo, or otherwise represent themselves as accredited by ICANN, unless they have written permission from ICANN to do so.
Any registration agreement used by reseller shall include all registration agreement provisions and notices required by the ICANN Registrar Accreditation Agreement and any ICANN Consensus Policies, and shall identify the sponsoring registrar or provide a means for identifying the sponsoring registrar, such as a link to the InterNIC Whois lookup service.
Resellers identify the sponsoring registrar upon inquiry from the customer.
Resellers comply with any ICANN adopted Specification or Policy that establishs a program for accreditation of individuals or entities who provide proxy and privacy registration services (a “Proxy Accreditation Program”). Among other features, the Proxy Accreditation Program may require that:
(i)proxy and privacy registration services may only be provided in respect of domain name registrations by individuals or entities Accredited by ICANN pursuant to such Proxy Accreditation Program; and
(ii) Registrar shall prohibit Resellers from knowingly accepting registrations from any provider of proxy and privacy registration services that is not Accredited by ICANN pursuant the Proxy Accreditation Program. Until such time as the Proxy Accreditation Program is established, Registrar shall require Resellers to comply with the Specification on Privacy and Proxy Registrations of the RRA 2013.
Resellers' customers are provided with a link to an ICANN webpage detailing registrant educational information, as detailed here:
Educational ressources
Resellers shall publish on their website(s) and/or provide a link to the Registrants’ Benefits and Responsibilities Specification and shall not take any action inconsistent with the corresponding provisions of this Agreement or applicable law. Link:
Registrants Rights and Benefits
Secura GmbH accepts notifications of abuse by authorities and consumer protection associations. Complainants can contact us by e-mail at abuse@domainregistry.de. Complaints are processed within 24 hours. The receipt and consideration of the complaint does not mean that Secura gives remedy to the complainant.
All measures of Secura in abuse cases must move under the existing laws.
Registrants registering Domains of Donuts consents:
-not to use the registered domain for distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of domain names.
-for each Registration to the collection and use of the necessary Registrant’s Personal Data.
-in addition to the other requirements in this Agreement, to the extent permitted under applicable law, to the use, copying, distribution, publication, modification and other processing of Registrant’s Personal Data by Donuts.
-that Donuts is entitled to, at any time, verify (a) the truth, accuracy, and completeness of any information provided by the Registrant to Donuts, whether directly, through any of the Registrars of record or otherwise; and (b) the compliance by the Registrant with the applicable Registry Policies. The Registrar and Registrant shall fully comply and cooperate with Donuts in connection with such verification and furnish all available documentation as Donuts may reasonably require to complete the verification.
-
-(within thirty days of demand) to indemnify, defend and hold harmless the Registry Operator (by express reference), Donuts’ service providers, Registrar and their respective affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors, service providers and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses (including on appeal), arising out of or relating in any way to the Registrant's domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration.
-not to not enter into any settlement or compromise of any such indemnifiable claim without Registrar’s prior written consent, which consent shall not be unreasonably withheld and that this indemnification obligation shall survive the termination or expiration of the Registration Agreement for any reason.
Consumers registering .info-domains
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-domains consent also
to the .name conditions and the
Defensive
Registrations Conditions.
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-domains 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-domains 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).
Return Policy:We will judge friendly every request of return, which we have been noticed of a customer within 5 days of receipt of
a good or within 5 days after the registration of a domain.