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Registry terms.
Joker terms and Conditions of registration. In addtion to (aq) limited's terms
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- Preamble
a. The present conditions govern the registration and extension of so-called
"registered names" ("domain" or "wishname.com")
and modification of the associated data. Domains are registered in the central
databases maintained by so-called registries. The order is placed through a
secure SSL connection.
b. The agreement is between the customer and Computer Service Langenbach GmbH
(CSL), Rathausufer 16, D-40213 Düsseldorf. CSL is a registrar accredited
by ICANN (Internet Cooperation for Assigned Names and Numbers) for domains e.g.
under the top level domains "com", "net" and "org".
c. By completing the application process the customer confirms acceptance of
the present general terms and conditions. The customer also declares that he
or she is a legal adult.
- Application, changes in the contractual conditions
a. CSL provides its services exclusively on the basis of the present general
terms and conditions and any appendices. Any general terms and conditions of
the customer are hereby rejected.
b. ICANN is entitled to pass regulations affecting the registrar's relationship
with the customer. The same applies to changes in the conditions of the registries.
For this and other reasons there may be a need to change the present conditions.
The customer is in such case notified by e-mail of the changes and the associated
possibility to object to the change in writing within one month. If the customer
does not object, the contractual relationship continues under the changed conditions,
in the event of timely objection CSL has the right to terminate the agreement
in accordance with art. 11.
c. CSL is entitled to make changes to its services and the technical environment
without notifying the customer if these do not affect the quality of the service
or reflect technical advances and accordingly lead to an improvement in the
service.
d. If services are provided free of charge there is no claim for their continuing
provision. CSL has the right to cease such services at any time and without
notification; in such event the customer has no right to damages, reduction
or refund.
- Query on domain availability, consequences of non-availability
a. As a preliminary step in the application a check is carried out on the availability
of the desired domain. This information is free of charge and reflects only
the state of information currently in the registry database. This does not however
rule out the possibility e.g. that an application has already been submitted
for the desired domain which has simply not been entered in the database in
question. CSL does not check the accuracy of the information.
b. If the domain is not available CSL can withdraw from the agreement and need
not provide the services under the agreement. CSL will notify the customer without
delay in this case and refund any consideration paid without delay.
- CSL services
a. CSL forwards the data provided by the customer to the registry for the desired
domain to be registered in the customer's name, subject to availability.
b. If the customer applies for more than one domain and if all domains cannot
be registered because of unavailability, CSL is entitled to provide partial
service.
c. At the customer's request CSL forwards requests for changes to entries to
the registry. Transfer of the domain to another registrar is excluded within
the first 60 (in words: SIXTY) days after registration for the first time.
d. On request CSL provides name server services in connection with the domain,
making possible access to the domain through the Domain Name System, and also
optional web forwarding.
e. No check is carried out on information supplied by the customer for completeness
or plausibility. CSL reserves the right to process only correctly completed
applications which meet the requirements cited in the application process.
f. At the customer's request CSL handles registration fees with the registry
and further maintenance of the domain for the duration of the agreement, i.e.
extension of domain registration and updating the database.
g. The service is provided with availability of 99% averaged over the year.
CSL is obliged to maintain the functionality of its technical infrastructure.
However, the use of the service involves the use of third-party networks and
equipment which are outside CSL's control.
- Obligations of the customer, consequences of violations
a. The customer is obliged to submit a follow-up enquiry using the support
utility offered at www.joker.com,
if he or she does not receive a reply from CSL within three business days after
completing the application procedure in order to make possible follow-up enquiries
on the status of domain registration.
b. The customer is obliged to ensure to the best of knowledge and belief that
registration and subsequent direct or indirect use of the domain do not infringe
third-party rights and warrants that no such rights are infringed.
c. The customer is obliged to provide the following true and complete data in
the application:
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first and last name of domain owner, postal address, e-mail address,
telephone number and fax number (where available);
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if the domain owner is a legal person: first and last name of a contact
with decision-making authority;
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names and IP addresses of the primary and secondary name servers for
the domain applied for;
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first and last name of the technical contact, postal address, e-mail
address, telephone number and fax number (where available);
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first and last name of the admin(istrative) contact, postal address,
e-mail address, telephone number and fax number (where available);
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first and last name of the contact responsible for payments (billing
contact), postal address, e-mail address, telephone number and fax number (where
available);
d. The customer is obliged for the term of the agreement to notify CSL without
delay of changes to the information in art. 5.c. Most of the information relevant
to the agreement is send by e-mail, so that maintaining a valid e-mail address
is particularly important.
e. The customer is obliged to respond within fourteen calendar days to enquiries
by CSL regarding the correctness of the information in art. 5.c and to correct
any inaccurate data.
f. The customer must further check his or her e-mail regularly to ensure receipt
of CSL messages.
g. Even if the customer transfers the domain forming the subject of the agreement
to a third party, the customer remains the domain owner and is obliged to keep
the information in art 5.c to 5.f up to date to ensure rapid resolution of any
problems arising in connection with the domain.
h. If the customer licenses third parties to use the domain forming the subject
of the agreement, the customer nevertheless acknowledges liability irrespective
of culpability for damage caused by illegal use of the domain, unless the customer
discloses the identity of the licensee without delay to the party evidencing
to the customer the facts forming the basis for the damage.
i. The customer must avoid any measures which violate prevailing laws of the
Federal Republic of Germany. Specifically the customer must ensure that the
services or domain forming the subject of the agreement
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do not provide access to pornographic or other offensive content of
left or right wing extremist political nature or which incites racial hatred,
glorifies or trivialises violence or violates third-party rights of privacy;
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presents content covered by the Act for the Protection of Youth in
Public Places or obviously likely to disturb or endanger the morals of children
or young persons only in a way which limits access in Germany to legal adults;
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shows supplier identification for content accessible on the domain
where this involves a telemarketing or media service;
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does not send unsolicited e-mails to large numbers of recipients using
an e-mail address corresponding to the domain forming the subject of the agreement;
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does not infringe copyright, trademark right, fair trading law, data
protection law or law on names.
j. The customer must keep the access data supplied confidential. Data loss must
be reported directly to CSL. If the customer forwards the data to a third party
or is otherwise responsible for use of the service by a third party, the customer
is liable for any resulting damages suffered by CSL or third parties.
- Disputes over domains, UDRP
a. An essential condition of registration of domains with CSL is that the customer
must accept the UDRP procedure (Uniform Dispute Resolution Procedure). CSL agreements
with ICANN and the registries responsible for registering domains both require
the agreement of this procedure with the customer, which might be subject to
alteration during the term of this agreement.
b. The customer declares his or her agreement that the UDRP will apply in disputes
where a third party approaches the customer with a claim that the registration
or use of the domain infringes the third party's rights.
c. The main features of the procedure are as follows. The UDRP (available only
in English) is a procedure provided by ICANN as the entity responsible for the
organisation of the Domain Name System for arbitration of disputes on rights
to a specific domain. As part of this trademark holders can file a complaint
against persons registering a domain name which is identical to or easily confused
with their trademark and apply for transfer of the domain to themselves. The
arbitration panel will only approve this application if the current domain owner
has no individual rights to the name (e.g. does not own a trademark or a firm
with the name and does not bear the name) and both registration and use of the
domain are in bad faith. Such bad faith is presumed e.g. if the domain owner
registered the domain solely for the purpose of selling it to the trademark
owner and subsequently offers the domain for sale or if the domain owner registered
and uses the name with the intent of exploiting the trademark for his or her
own economic purposes.
d. In arbitration the trademark owner must evidence its own legal position and
show why the current domain owner has no rights to the domain and what demonstrates
bad faith in registration and use. The domain owner has the opportunity to present
his or her own legal position in the proceedings. The UDRP provides for a period
of 20 days for this purpose after announcement of the procedure by the UDRP
provider. Under the UDRP rules the language of the proceedings is in principle
the language of the registration agreement, unless the tribunal believes that
a different arrangement is expedient or the parties agree on another language.
e. The tribunal generally decides if the trademark owner's application is justified
or not on the basis of the written arguments. If it decides that the domain
name must be transferred to the applicant there is a period of 10 business days
within which the domain owner can apply to a court. If this is done the decision
of the tribunal is not implemented and the original domain owner continues to
hold the domain. If no application is made to a court the decision of the tribunal
is implemented by the competent registrar after the period of notice has lapsed,
i.e. the domain is transferred to the victorious trademark owner.
f. Application under the procedure can be made by any UDRP provider licensed
by ICANN (see the list at http://www.icann.org/udrp/approved-providers.htm).
As soon as application is filed for the entire duration of the procedure and
a period of 15 business days after any decision. Transfer of the domain to a
third party is only permitted and possible if the third party agrees to be bound
by the future decision of the tribunal. The same applies up to the court ruling
if court proceedings are initiated with regard to rights in the domain during
the arbitration process or within the period of 15 business days after the decision.
- Indemnification
If third parties proceed against CSL because of claimed infringements of rights
by the customer or third parties in connection with the subject of the agreement,
the customer is obliged to indemnify CSL, its employees and the relevant registry
and the individuals affected there against any loss if the customer is responsible
for the claimed infringement or is subject to a restrictive covenant. This includes
the costs of reasonable legal action and expense.
- Prices, payments, default
a. The prices published on the www.joker.com website on the date of the conclusion
of this agreement apply.
b. The customer is reminded of the payment obligation 30 days before extension
of the domain. If timely payment is not made the domain is deleted.
c. Payment is exclusively by credit card in advance. The variant conditions
for resellers are shown at the www.joker.com website.
d. If the customer fails to meet payment obligations there is a risk that the
domain will be lost.
e. If the customer transfers the domain to another provider prematurely or the
agreement is terminated for some other reason within the customer's control,
payments already made are not refunded.
- Liability
a. CSL is always liable without limit in the event of intent and gross negligence.
b. Liability for simple negligence is excluded unless it involves breach of
material contractual obligations or subsidiary obligations ("cardinal"
obligations). In the event the breach of cardinal obligations referred to above,
liability is limited to the amount of typically foreseeable damages.
c. The principles in art. 9.b also apply to tort liability.
- Confidentiality, data protection
a. The customer is hereby notified and agrees that the data provided in the
registration process and specified in art. 5.c, viz. first and last name, postal
address, e-mail address, telephone number and fax number (where available) of
the domain owner, admin contact, technical contact and billing contact are stored
at CSL and forwarded to the registry. In addition the data is published in the
WHOIS database at CSL and the registry and might be published in WHOIS databases
run by third parties. The customer also declares that any third party involves
also agrees.
b. CSL warrants that it will not use the data collected for any purpose other
than those notified to the customer within the framework of domain registration.
Specifically the data collected is not provided to third parties for advertising
purposes.
c. CSL takes technical and organisational measures to protect data holdings
against unauthorised access or publication, change or destruction by third parties.
The parties recognise that absolute data security cannot be guaranteed.
- Conclusion, term, termination of the agreement
a. The agreement comes into force on acknowledgement of the order by CSL via
e-mail.
b. The agreement is concluded for the duration of the registration desired by
the customer or at most 10 years. The customer can extend the agreement for
further periods of at most 10 years.
c. If the customer does not extend the agreement it lapses at the end of its
term. In this case there is a danger of direct loss of the domain.
d. This is without prejudice to the right to summary termination for important
cause. Important cause is specifically if the customer
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provides CSL with deliberately inaccurate or unreliable information
under art. 5.c;
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in contravention of the obligation under art. 5.d fails to notify CSL
without delay of changes to the data cited in art. 5.c and update the data;
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in contravention of the obligation in art. 5.e fails to respond in
a timely manner to CSL enquiries;
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in contravention of the obligation under art. 5 continues a violation
after notification and due period of notice;
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is in default on payment of the contractual consideration and remains
in default after notification and due period of notice.
e. If the customer transfers the domain from another registrar to CSL the domain
registration is automatically extended in accordance with customer wishes to
a maximum of 10 years.
f. The agreement is immediately terminated if the customer transfers the domain
to another provider.
- Other
a. The client has a right of offset only for claims which are uncontested or
the subject of a final court order.
b. The client has a right of retention only for claims under the present contract.
c. CSL is entitled to make use of the services of third parties in providing
its services.
d. Venue and place of performance is Düsseldorf if the contracting party
is a merchant, a legal person under public law or an entity of the Federal Special
Funds.
e. The contract is subject exclusively to German law. Applicability of the UN
convention on contracts is excluded.
f. Ancillary agreements or deviations from these general terms and conditions
require written form, although e-mail is sufficient. No ancillary agreements
are made.
- Agents, resellers
a. If application is made for a domain by an agent of the customer or a reseller,
they must ensure that these general terms and conditions are validly agreed
with the customer.
b. If application is made for a domain by an agent or reseller this does not
affect the responsibility of the customer. The agent or reseller must inform
the customer of all announcements and procedures in connection with the domain
and take the necessary measures on behalf of the customer.
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