for domain name registration
|September 11, 2019|
ISPsystem LTD (hereinafter – the Contractor) publishes the given Agreement addressed to individuals and legal bodies (hereinafter – the Client).
The actions taken according to Para. 7 of this Agreement shall be considered as full and unconditional acceptance of the Agreement.
This Agreement is not an adhesion contract. All the terms outlined in this document may be altered upon a mutual agreement of the parties.
1. TERMS AND DEFINITIONS
1.1. Order is a Client’s request for registration, prolongation, or transfer of a domain name, as well as other related actions. Every Order shall be created by filling out an interactive form in a private area of the Contractor Website or in the interface of SaaS products of the Contractor.
1.2. Website is a set of webpages placed in the information and telecommunication network of the Internet and consolidated by the unified address space of the domain “www.vepp.com” and all its subdomains.
1.3. Domain administrator is a person on which name a domain name is registered in the Registry.
1.4. Registry is a centralized data storage containing information about all domain names of the second, third, and other levels for the domain of a certain zone, their administrators, registrars, and other data required. The Registry shall execute specific regulatory operations and actions with such data.
1.5. Domain zone administrator is a company regulating the registration and all related actions concerning the maintenance of domain names in a specific zone, which is registered in accordance with all documents and regulations applicable for each specific zone.
1.6. Registrar is a legal body providing domain registration services and transferring information to the Registry.
2. SUBJECT OF THE AGREEMENT
2.1. The Contractor shall provide services related to registration, repeated registration (prolongation) of domain names, support of domain names, and other related services e.g. anonymization of personal data based on Client’s Orders. The Client shall accept the Contractor’s services and pay for them in accordance with the terms and requirements of this Agreement.
2.2. Registration and prolongation of domain names and other actions related to registration and updates of information about a domain name shall be made in accordance with domain name registration rules and dispute resolution policy for domain names (hereinafter – Registration rules) published on the Administrator website of the corresponding domain zone or on the Registrar website. A list of all applicable Rules shall be attached as an Annex to this Agreement.
2.3. By sending the Order, the Client confirms that he/she acknowledges the current version of Registration rules applicable to domains ordered.
2.4. The Contractor shall select a Registrar for domain name registration on its own by choosing one from a list of Registrars having legal agreements signed with the Contractor. The list of Registrars shall be added to the Annex of this Agreement. The Contractor is not a Registrar.
3. ORDER EXECUTION
3.1. During the creation of a new Order, the Client shall provide the information required by the interactive forms. Supplementary, it may be required to provide scanned copies of documents, including, but not limited to ID, legal body registration, etc.
3.2. The Client shall also provide any information requested by the Contractor or the Registrar within a timeframe determined by them on matters that may appear during execution of the Order, or, per additional requests, provide documents confirming the validity of information specified in the Order.
3.3. Before placement of a new registration Order, the Client shall check the correctness of a domain name and other registration data. By sending a new registration Order, the Client confirms that data was entered correctly. The Contractor shall not be liable for errors made by the Client during domain name registration.
3.4. Any data provided by the Client during the placement of a new Order shall be valid. If invalid information has been provided, registration of the Client’s domain names may be canceled.
3.5. The Contractor and Registrars have the right to request additional information and/or confirmation of data provided earlier within the whole term of registration if they have doubts about the validity of data provided by the Client for domain name registration or during data check. Such a request shall be sent via email to the contact email address of the Client specified during registration of a domain name.
3.6. If the Client has not provided additional information and/or confirmation documents within 5 (five) calendar days since the moment of the first request (unless a shorter period is established by registration rules of the corresponding domain zone), the Contractor and the Registrar have the following rights:
3.6.1. decline the Client’s application for registration of a new domain name;
3.6.2. suspend delegation of the Client’s domains;
3.6.3. decline the Client’s application for prolongation of a domain name;
3.6.4. decline the Client’s request to transfer a domain name to another party or Registrar.
3.7. Registration of a domain name shall be provided only if the connection with the domain Administrator is possible via the phone number specified in the Order with SMS messages supported. Such a check may be conducted by the Registrar before domain name registration or at any moment after it.
3.8. During domain name registration and when the administration right is given from another party, or when contact details change, the Client may be requested to confirm the validity and correctness of the email address specified at registration by using a link sent to the Client after registration. If the Client has not used the link within 14 days since the first email was sent, the domain name shall be blocked. Further domain name usage shall become possible again after the repeated confirmation of the email address by the Client.
3.9. The Contractor does not guarantee that a domain name specified during Order placement may not become occupied by another party during specific technical procedures related to registration, due to a distributed registration system.
3.10. Domain registration services shall be provided within 5 business days since the moment of when a new Order has been received and information required to register a domain name has been provided fully.
3.11. The domain name registered shall be supported until the domain name was deleted from a registry of domains or it had been transferred to another Registrar.
3.12. Domain name registration shall be deemed completed with decent quality and in full measure starting from the moment of when a domain name received a REGISTERED status in a domain registry of the corresponding domain zone. After this moment, the service may not be cancelled by the Contractor. It is impossible to edit the domain name after it has been registered.
3.13. The Client hereby agrees that he/she may not receive any documents on registration or prolongation, licenses, or certificates after domain name registration.
3.14. If the Client has not prolonged his/her domain name registration before its expiry date, domain delegation on DNS servers specified by the Client shall be suspended from the moment of when the domain name has expired. From that moment, all requests sent to the Client’s domain may be transferred to a service page of a Registrar in order to inform that services are temporarily unavailable. Such a service page may contain advertising and other information. A prolongation term shall be determined by Registration rules for each specific domain zone and may be up to 30 days. If a domain name has not been prolonged in due period, the service will be canceled, with Client information deleted permanently.
Furthermore, the Client is hereby notified that a prolongation Order placed on the last day may not guarantee that it will be completed in time.
4. PERSONAL DATA
4.1. The Client hereby agrees that his/her personal data will be transferred to a Registrar and stored in the Registry of a corresponding domain zone, being available publicly in a WHOIS service. Depending on a domain zone, such personal data may be anonymized or specified in a form it has been provided at Order placement.
4.2. Depending on a domain zone and a Registrar, personal data may be transferred to other countries. Any such transfer shall be made only with the use of specific encrypted links and by taking sufficient measures to establish proper security.
4.3. By default, personal data shall be stored within 3 (three) years since the moment when domain name registration has been canceled.
4.4. Anonymization service allowing to anonymize personal data in a public WHOIS service may be ordered additionally if it is allowed by Registration rules of a corresponding domain zone, and such a service is offered by a Registrar and the Contractor.
The Client shall take all measures to check the possibility of anonymization of personal data in a public WHOIS service before a new Order is placed, by sending an additional request to the Contractor. The Contractor shall not be liable for providing any possibility to anonymize personal data, and registration of a domain name may not be canceled and refunded due to the absence of anonymization.
4.5. If the Client acts for the benefit of third parties, he/she shall receive the consent of such third parties to process their personal data. The Contractor shall act assuming that such consent has been legally received by the Client.
4.6. The Contractor and the Registrar have the right to send emails to the Client to an email address specified in the Order. Such emails shall contain notifications about registration expiry, requests for additional information or confirmation of domain name operations, as well as other messages related to registration or prolongation of a domain name. Requests sent to the specified addresses shall be deemed sent in a proper way.
5. PRICING AND ORDER OF PAYMENT
5.1. The price of services shall be determined on a basis of pricing set at the moment of Order creation and placed on the Contractor Website and in the interface of Software products.
5.2. The Contractor hereby has the right to edit the pricing unilaterally by publishing new pricing on the Contractor Website and in the interface of Software products. Additional notification of the Client is not required.
5.3. The price of domain name registration and its prolongation may differ. The Client shall receive information about service pricing before a new Order is placed.
5.4. A higher price may be fixed on specific categories of domain names.
5.5. If domain name registration has been canceled before the domain name is expired, or if the domain name has been transferred to another party, including by decision of a court, the funds that have been used by the Client to pay for domain name registration or prolongation shall not be refunded.
5.6. Services shall be paid with an advanced payment with payment methods offered by the Contractor. Service pricing does not include VAT that shall be paid additionally. Any taxes or dues set by the legislation of the country of the Client shall be paid by the Client solely.
6. OBLIGATIONS OF THE PARTIES
6.1. The Client shall be liable for the validity of the information provided for the given Agreement and its good timing. The Contractor shall not be liable for the content of the information placed on the domain registered by the Client.
6.2. If the invalid or incorrect information about the domain Administrator has been provided, the Client shall cover all losses suffered in relation to information provided by the Client. If a third party provides a lawsuit against the Contractor related to the knowingly false information provided about the domain Administrator by the Client, the Client shall compensate all expenses of the Contractor related to such a lawsuit. The Contractor hereby informs the Client who has ordered and paid for the service that the latter shall be liable for providing the knowingly false information in accordance with the applicable law.
6.3. The Contractor shall not be liable if it cannot provide domain registration services when the domain name is reserved or in a stop list determined by the domain name Administrator.
6.4. The Contractor shall not be liable if it cannot provide services through no fault of the Contractor, including when registration or prolongation of the domain is not possible due to the fault of a domain name Registrar or domain name Administrator. The Contractor shall not be liable if it is impossible to hide data about the domain Administrator in the public WHOIS service if the domain zone registry does not support such a function or the Registrar used to provide registration in the given domain zone does not provide such a service. Furthermore, the Client has no right to request any compensation from the Contractor due to the fact that his/her data can be viewed in a public WHOIS service.
6.5. The Contractor shall not be liable for blocking of domain names of the Client or any losses and damage that may occur due to such blocking. A domain may be blocked only by Registrars or domain zone Administrators. The Client shall get in touch with a Registrar on his/her own in order to determine a blocking cause and take actions to unblock the domain.
6.6. If USRP and URS procedures are used to settle domain name disputes, the Client shall give his/her consent to follow the procedures and comply with them in full measure.
6.7. The Client shall not use domains in ways or for goals that run counter to the mission and values of domains in zones of registration or violate laws, rights, and interests of third parties. Furthermore, the Client shall not: i) distribute, present, or announce publicly malware and/or address it, including readdressing; ii) manage bot networks (botnet control); iii) organize phishing; iv) send spam; v) pirate; vi) violate copyright and/or intellectual property rights, including trademark rights (service marks) and/or other means of individualization or other intellectual property; vii) establish fraud or cheating; viii) establish fabrication or take any actions that violate applicable law; ix) take actions that may disturb operation of the Internet elements such as computers and other hardware and software that does not belong to the Client; x) take any actions that run counter to the applicable law.
If the Client has violated the terms of this Para, the Contractor and the Registrar have the right to apply the following restrictive measures: delegation removal, blocking, cancellation of the domain name, or apply any additional measures applicable in accordance with Registration rules of the corresponding domain zone or applicable law. The given rights of the Contractor and the Registrar shall be applied to all fraud actions and/or violations with registration or usage of the domain name.
The Client gives his/her full and unconditional consent with all measures allowing to find out and restrict violations related to domain name usage.
The Client gives his/her full and unconditional consent with the fact that the domain name Administrator has the right to establish control and check measures without any notice sent to the Client, at any time and with any periodicity, on its own or by involving the Contractor and any other third parties, including experts, with the help of various technical tools, programs and/or applications.
6.8. The Parties shall be released from their responsibility for the full or partial nonperformance of obligations under this Agreement due to force-majeure that appeared after the Agreement had been signed. Such circumstances shall include: accidents resulting in breakages of the Contractor network; power outages of active network equipment of the Contractor; natural and industrial disasters, acts of terror, military actions, mass disorders, changes in governing laws leading to prohibitions or limitations for any Party of this Agreement, and other circumstances which a Party could neither foresee nor prevent by reasonable measures, provided that such circumstances prevent proper performance of obligations by the Parties.
6.9. All disputes and discrepancies resulting from this Agreement shall be reviewed where the Contractor is registered.
7. TERM OF THE AGREEMENT
7.1. The given Agreement shall come into legal force since the moment of its signature and shall remain in effect indefinitely.
7.2. This Agreement shall be deemed signed in the following cases:
7.2.1. Since the moment of when a new Order for registration, prolongation, or other operation included in this Agreement is formed.
7.2.2. If a domain name or other related services are transferred to the Contractor or another Registrar on the initiative of the Client.
7.2.3. If another party transfers the right to administrate a domain name or other services to the Client.
7.2.4. When Services included in this Agreement have been paid.
7.3. This Agreement may be terminated unilaterally (out of court) by sending a prior notice of termination of the Agreement at least 10 (ten) days before the date of termination.
8. OTHER PROVISIONS
8.1. The substantive and procedural law of the Contractor country shall be applied towards the obligations of the parties specified in the given Agreement.
8.2. The Contractor has the right to edit the given Agreement unilaterally, as well as the ongoing tariff plans and add new Annexes and Appendices to this Agreement by publishing new editions on the Contractor Website at least 10 days before the changes come into effect. By continuing to use the Service after receiving such a notification, the Client agrees with all new editions and additions applied.
8.3. The given agreement sets the priority of domain zone Administrator rules above all other terms and conditions that may be set by each party, for both Parties.
8.4. The Client accepts all the rights of domain zone Administrators set by Registration rules and gives its consent that domain zone Administrators may refuse to register a domain name and cancel registration of a registered domain name, block a domain name, remove domain name delegation, set different statuses to a domain name, decline transfer of a domain name, cancel or decline any operation or transaction of a domain name, etc. at any time in order to comply with with terms and requirements of Registration rules and other standards that are generally acknowledged.
8.5. The Client provides the Contractor with the right to transfer domain names under his/her management to other Registrars, within the term of this Agreement.
8.6. The Contractor has the right to involve third parties to provide services at its own expense and at its own risk.
9. BANKING DETAILS OF THE CONTRACTOR
Registration number HE379354
Tepeleniou, 13, Tepelenio Court, 2nd floor, 8010, Paphos, Cyprus
|Annex #1 to Offer agreement for domain name registration as of
APPLICABLE PROTOCOLS AND LIST OF REGISTRARS
|Domain zone||Registrar||Applicable protocols|
|.RU, .РФ||REG.RU domain name registrar (d/b/a reg.ru)||ules of domain name registration in .RU and .РФ zones||https://cctld.ru/files/pdf/docs/rules_ru-rf.pdf|
|Regulation about procedures applicable for domain name disputes||https://cctld.ru/files/pdf/docs/litigations.pdf|
|.COM, .NET, .ORG, .BIZ, .INFO,||Click Registar, Inc (publicdomainregistry.com)||Domain Registration Agreement (.com, .net, .org, etc.)||https://publicdomainregistry.com/legal/#dra|
|Additional registry requirements (.com, .net, .org, etc.)||https://publicdomainregistry.com/wp-content/themes/pdr/agreement/domain-registration-toc-appendices.html|
|Rules for Uniform Domain Name Dispute Resolution Policy||https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en|