To complete the registration process you must read and agree to be bound by all the following terms and conditions.
ICANN has published an educational webpage summarizing the terms of the Registrar Accreditation Agreement and related Consensus Policies, currently located at ICANN's website http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm
Also, you can find Registrants' Benefits and Responsibilities at http://whois.icann.org/en/2013-raa-registrant-benefits-and-responsibilities
a. This is an Agreement by and between You and Vautron. This Agreement explains Our obligations to You and Your obligations to Us for the provision of the registration services offered by Us through the Reseller. In order to complete the registration process you must accept all terms and conditions of this Agreement.
b. You acknowledge and understand that by accepting this Agreement You also accept to be bound and comply with:
c. You must comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures.
d. This Agreement shall not be effective and binding to both parties until and if accepted by Us. The registration of the domain name shall imply Our acceptance of the Agreement.
In this Registration Agreement ("Agreement"):
a. "Registrant", "You" and "Your" refers to the individual or entity who is entering into this Agreement and wishes to register a domain name using the registration services provided by Vautron as offered through "Speedbone Internet Connectivity GmbH".
b. "Vautron", "We", "Us" and "Our" refers to Vautron Rechenzentrum AG, with domicile in Obermünsterstrasse 9, D-93047 Regensburg, Germany a registrar accredited by ICANN to provide registration services through "Speedbone Internet Connectivity GmbH".
c. "Supported TLDs" refers to the Top-Level Domains with the type "generic" at https://www.iana.org/domains/root/db/
d. "Speedbone Internet Connectivity GmbH" refers to the Vautron reseller through which your application is processed ("Reseller").
e. Any reference to a "Registry" or "Registry Operator" shall refer to the entity responsible for operating the registry for the top-level domain ("TLD") where the domain name You apply for is to be registered.
a. You acknowledge that the practice of registering and administering domain names is constantly evolving. Therefore, You agree that We may need to modify this Agreement, as it is necessary to comply with the requirements of ICANN and/or the Registries. We may, in Our sole discretion, elect to discontinue offering registrations or renewals of some or all TLDs by providing a previous reasonable notice, in which case You would be offered the opportunity that your domain name registration is transferred to another registrar.
b. Your continued use of the domain name registered through Our Registration Services will constitute Your acceptance of this Agreement and of the applicable Registry Policies and any revisions. If You do not agree to any change, You may request that your domain name registration is cancelled or transferred to a different accredited registrar. You agree that such cancellation or request for transfer will be Your exclusive remedy if You do not wish to abide by any change to this Agreement or to the applicable Registry Policies.
a. By applying to register a domain name, or by asking Us to maintain or renew a domain name registration, You agree that neither the registration of the domain name nor the manner in which it is intended to be used infringes (i) this Agreement; (ii) applicable Registry Policies; (iii) any applicable Law; or (iv) otherwise violates any third-party rights.
b. You agree and acknowledge that it is Your responsibility to determine whether Your domain name registration and use infringe the Law or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name infringe or violate someone else's rights.
c. You agree that the domain name shall be in accordance with the syntax norms established by ICANN and/or the relevant Registry, and shall not consist of any of the reserved names established by the Registry Operator. You acknowledge that a domain name registered against the syntax norms, the reserved names, or the Registry Policies may be cancelled without a refund. We will not be liable in any case for such cancellation.
d. We cannot guarantee that You will obtain a desired domain name, even if an inquiry indicates that a domain name is available at the time of Your application. You agree that in the event of any dispute concerning the time of the entry of a domain name registration into the Registry system, the timestamp shown in the Registry system records shall control.
e. You acknowledge and agree that registration of Your chosen domain name does not confer immunity from objection to the registration or use of the domain name.
a. If You collect and maintain sensitive health and financial data You agree to implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.
b. With respect to TLD strings associated to highly-regulated sectors with closed entry requirements in multiple jurisdictions as defined in ANNEX 2 of ICANN NGPC Resolution No. 2014.02.05.NG01 , including health and fitness (.pharmacy, .surgery, .dentist , .dds, .hospital, .medical, .doctor), financial (.bank, .banque, .creditunion, .creditcard, .insurance, .ira, .lifeinsurance, .mutualfunds, .mutuelle, .vermogensberater, and .vesicherung, .autoinsurance, .carinsurance) gambling (.bet, .bingo, .lotto, .poker,.spreadbetting, .casino), charity (.charity and IDN Chinese equivalent) education (.university), professional services (.abogado, .attorney, .cpa, .dentist, .dds, .lawyer, .doctor), and corporate identifiers (.corp, .gmbh, .inc, .llc, .llp, .ltda, .ltd, .sarl, .srl, .sal), you additionally represent and agree to the following:
As consideration for the registration services regulated in this Agreement You agree to pay Reseller the applicable fees prior to the desired domain registration, transfer, or any renewal thereof. Fees are non-refundable even if Your domain name is suspended, cancelled or transferred to another registrar prior to the end of Your current registration term. These fees have been set by the Reseller. Thus, any question in relation to any of these fees, must be addressed to the Reseller directly.
This Clause consists of a summary of the basic terms of Our Data Protection Policy. You can find more detailed information in the "Datenschutzerklärung" available here (https://www.vautron.de/datenschutz/), hereby incorporated by reference.
b. Purpose: We only collect and process data which is strictly necessary to provide You with the domain name registration services requested by You to the Reseller (as the Reseller is using Our Registrar accreditation to register Your domain name).
c. Data Processed: We only collect and process the following data during the domain name registration with respect to each domain name We sponsor (jointly, the "Data Processed"):
d. Legal Basis for Processing: Processing is strictly necessary for the performance of this Registration Agreement.
More information about data recipients and other third party processors can be found at https://www.vautron.de/datenschutz/
f. Public Whois: Some Data Processed is published in the public "Whois" database service, where the information may be consulted, on a query-by-query basis, by anybody with access to the Internet. This publication is done only to the extent strictly necessary to provide You with the domain name registration services requested, as detailed at https://www.vautron.de/datenschutz/.
g. Source: The Data Processed have been obtained from the Reseller to which You have requested the domain name registration. The said Reseller will be a joint controller of the Data Processed and a sole controller for any other personal information which you may have provided to them in addition to the Data Processed.
h. Retention: The Data Processed will be deleted one (1) year after the termination of the Registration Agreement. Specifically, We completely erase contact handles from the production system when they are not linked to an active domain for longer than one (1) year. We keep historical data in a secure, separate and access-restricted database for a longer period to comply with mandatory statutory provisions (tax, accounting, legal claims. etc.), as detailed at https://www.vautron.de/datenschutz/.
i. Rights: You've got lots of rights, including the right of access, the right (and duty of) rectification, the right to request the erasure and restriction of the processing, the right to object to the processing as well as the right to data portability. Be aware, though, that in some cases the exercise of these rights may make Us unable to continue providing you with the domain name registration service. You also have the right to complain to the Information Commissioner's Office and to the Data Protection Agencies. If you need a hand in exercising your rights, feel free to contact us at firstname.lastname@example.org.
a. You agree to provide all the Data Processed required for the domain name registration, which must be complete, accurate and reliable. During the term of the domain name registration, You shall immediately correct and update the Data Processed.
b. You acknowledge that a breach of this Section will constitute a material breach of this Agreement, which will entitle us, the Reseller and the relevant Registry Operator, at our sole discretion, to immediately terminate this Agreement and/or temporarily suspend Your domain name without any refund.
a. You expressly designate "Speedbone Internet Connectivity GmbH" as your Designated Agent, thus explicitly authorizing "Speedbone Internet Connectivity GmbH" to approve any change of registrant which is requested to Vautron on your behalf. Any revocation of this designation must be sent in writing to email@example.com and may automatically lead to the termination of this Agreement.
b. You explicitly opt out of the 60-day inter-registrar transfer lock following to any change of registrant request which is sent to Vautron on your behalf.
a. In this Agreement by "use," "usage" or "using" Your domain name, we mean any use involving the Internet, including, but not limited to, website(s) and/or any pages thereof resolving at Your domain, either directly or indirectly (including redirection, framing, pop-up windows/browsers, linking, etc.) and email distribution and/or reception.
b. You agree that the domain name registered through Vautron will be used in compliance with (i) this Agreement, as amended from time to time (ii) any applicable Registry Policies; (iii) applicable statute, rule or law governing use of the Internet and/or electronic commerce (specifically including "phishing," "pharming," and/or distributing Internet viruses and other destructive activities).
c. You must abstain from 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.
d. You will take reasonable steps to avoid misrepresenting or falsely implying that You or Your business is affiliated with, sponsored or endorsed by one or more country's or government's military forces if such affiliation, sponsorship or endorsement does not exist.
e. You are in all cases responsible for providing and updating Your full Contact Information, including accurate technical and administrative Contact Information, which must be adequate to facilitate timely resolution of any problems that arise in connection with Your Registered Name, even if You intend to license the use of Your Registered Name to a third party. You accept liability for harm caused by wrongful use of the Registered Name unless You disclose the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing You reasonable evidence of actionable harm.
f. You may not use Your domain for the following types of activity:
g. All .bank domains must be used to serve the needs of the global banking community. In using Your .bank domain, You may not use Your domain for any purposes prohibited by the laws of the jurisdiction(s) in which You do business or any other applicable law. The use of Your .bank domain name must respect all the provisions in this Clause 12. In addition, You may not use Your .bank domain for the following types of activity or purposes:
a. Any disputes regarding registration or use of your domain name will be subject to the applicable domain name dispute resolution Policy and the Dispute Policy procedures established by the relevant Registry and/or mandated by ICANN, including but not limited to (i) ICANN's Uniform Domain-Name Dispute Resolution Policy ("UDRP"); and (ii) ICANN's Uniform Rapid Suspension Policy ("URS") in those TLDs where the application of these policies is mandatory.
b. Notwithstanding anything in this Agreement to the contrary, the Registry Operator for each Vautron Supported 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 each Registry Operator have vested and that the Registry Operators have relied on their third party beneficiary rights under this Agreement in agreeing to Vautron being a registrar of the TLD they operate. Additionally, the third party beneficiary rights of the Registry Operators shall survive any termination or expiration of this Agreement.
a. Without prejudice to Our rights of termination, We expressly reserve the right, in our sole discretion, to deny, suspend, cancel and/or transfer Your domain name registration if:
b. You acknowledge and agree that your domain name registration may be denied, cancelled, suspended and/or transferred pursuant to any ICANN adopted specification or Registry Policy or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification:
c. You acknowledge and agree that the relevant Registry Operator also reserves the right to deny, suspend, modify the status, cancel and/or transfer any registration that it deems necessary, in its discretion, (i) to protect the integrity, security, and stability or the Registry; (ii) to comply with all applicable laws, government rules
d. 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 Operator as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions of this Agreement.
This Agreement will remain in effect during the term of your domain name registration as selected, recorded and paid for at the time of registration or any renewal thereof. Should the domain name be transferred to another registrar, the terms and conditions of this Agreement shall cease.
a. You accept that, to the extent permitted by Law, We shall not be liable to You for any direct or indirect or consequential loss or damage of any kind (including but not limited to loss of profit, goodwill, business opportunity or anticipated saving) suffered due to:
b. To the extent permitted by Law, in no event shall Our entire liability for any and all damages, however caused and on any theory of liability, and Your exclusive remedy arising out of this Agreement, exceed the amounts effectively paid by You to Reseller or to Us for the Registration Services pursuant to this Agreement.
c. You acknowledge that We are not part of any terms or conditions that Reseller may have established in connection with the payment of the domain names. In accord with this, We will not be responsible for any action or omission that Reseller may take in order to obtain complete payment of the amounts due.
a. You shall indemnify and hold harmless the Registry Operator, the Reseller and Us (Vautron), and our respective directors, affiliates, officers, directors, agents, partners, employees, attorneys and subcontractors for any loss, liabilities, damages, costs or expenses, including reasonable attorneys' fees, resulting from any third party claim, action, or demand, whether in court or not, arising out of or related to
b. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.
a. All notices or other communications in connection with this Agreement given by You to Us (Vautron) shall be in writing and sent by registered mail or by email to the following address:
b. All notices or other communications in connection with this Agreement given by Vautron to You shall be in writing and sent by registered mail or by email to the address published in the Whois database.
a. In the absence of Extenuating Circumstances (as defined below), Your domain name shall be deleted within forty-five (45) days of the termination of this Agreement.
b. For the purposes of this Agreement, "Extenuating Circumstances" are: (i) UDRP action, (ii) a valid court order, (iii) You are subject to bankruptcy proceedings, (iv) domain name subject to litigation in a court of competent jurisdiction, or other circumstance as specifically approved by ICANN and/or the relevant Registries.
a. To the extent permitted by Law, this Agreement shall be governed by the laws of the German Republic.
b. You agree that if there is a dispute in connection with the use of the domain name, the competent Courts will be the Courts of Regensburg, where Our registered domicile is. If this provision shall be held to be illegal, invalid or unenforceable, the competent Courts will be those of Your domicile, as indicated in the Whois database at the time of the submission of the claim.