Specific Terms and Conditions: Domain Name Service

Last modified on 22.11.16

Specific Terms and Conditions applicable to the Domain Name Service provided by EuroDNS S.A.

These Specific Terms and Conditions and the General Terms and Conditions shall be interpreted and applied together as a single instrument (the "Agreement"). To the extent that there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms and Conditions.

Definitions

  • Extension: the string of characters at the extreme right of the Domain Name which indicates the name zone in which the Domain Name is registered. The extension consists of two or more letters corresponding to:
    • the code given to a country pursuant to the ISO 3166-1 standard (Country Code Top Level Domain or "ccTLD" );
    • a generic code (Generic Top Level Domain or "gTLD") assigned by the Internet Corporation for Assigned Names and Numbers, for which the list is available at www.icann.org.
  • Domain Name: string of characters registered by a Registry within the zone it is in charge of whose main purpose is to serve as an Internet identifier allowing amongst other things, reaching a website, sending emails, ...
  • Registry Policy: terms of registration under a given Extension, or any other text with a similar scope and purpose referenced as "Charter" or "Terms of Registration", of the Registries and which are reachable via the hyperlinks listed under "Registries Policies" at https://www.eurodns.com/regist...
  • Registrar: commercial entity accredited by one or more Registries to act as their intermediary with Domain Name holders.
  • Registry: entity in charge of the delegation of domain names for a specific Extension as referenced in the Internet Assigned Numbers Authority database available at: www.iana.org. The Registry administers a unique database for the Extension within its purview. This database also contains specific information regarding the domain names.

1. The Service

In its capacity as a Registrar, EuroDNS shall provide the Customer with a range of registration and administration services for Internet domain names (the "Domain Name Service") as defined hereafter and insofar as the Customer has submitted an Order Form pursuant to the General Terms and Conditions.

1.1. Search engine for domain name availability

EuroDNS provides via the EuroDNS Site, and free of charge, a search engine for domain name availability. This search engine, which relies for the most part on data provided by the Registries, is provided for informational purposes only.

The data retrieved and displayed by this search engine is of an informational nature only and shall not entail any obligation, duty or liability on the part of EuroDNS, including with regard to any use that may be made of such data or the accuracy of such data.

1.2. Domain Name registration

EuroDNS shall proceed to the registration of domain names under various Extensions - an applicable and up-to-date list is available on the EuroDNS Site - for the term selected by the Customer in the Order Form they have submitted to EuroDNS pursuant to the General Terms and Conditions.

Acting as a mere technical intermediary, EuroDNS shall transmit the Customer's registration request to the applicable Provider for purposes of fulfilling the Customer's order, namely the Registries acting as Providers for the Domain Name Service.

In carrying out this process, EuroDNS will not perform any action to verify in any manner whatsoever the availability of the string of characters that the Customer wishes to register as a Domain Name under a specific Extension. The Customer acknowledges and accepts that EuroDNS does not guarantee that the Domain Name for which they submitted an Order Form will be available for registration, regardless of the fact that such Order Form was accepted by EuroDNS and the applicable fee paid by the Customer.

The Customer agrees 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.

In carrying out any operation relating to the registration or modification of administrative or technical data, or
deletion of a Domain Name, EuroDNS' role is strictly limited to acting directly or indirectly on the Customer's
behalf vis-á-vis the Registry in charge of Domain Name attribution in the relevant Extension.

1.3. Domain Name renewal

1.3.1. Automated renewal

In order to avoid an unwanted expiration of the Domain Name, EuroDNS enables the Customer to activate an automated renewal option in the Customer Account.

If this option is activated, EuroDNS will attempt to renew the Domain Name prior to its expiration date and for the term selected by the Customer. This automated renewal shall be operated in accordance with the terms of article 6 of the General Terms and Conditions.

1.3.2. Manual renewal

If the automated renewal option is deactivated, the Customer will need to manually renew the registration of the Domain Name via the Customer Account before its expiration date. EuroDNS will notify the Customer several times of the expiration and applicable methods to renew the Domain Name, by sending the Customer emails to the address registered as part of the Customer Details.

EuroDNS cannot be held liable if the Customer fails to take the necessary action to renew the Domain Name or in the case of the Customer Details being inaccurate or obsolete and, more generally, in case of the Customer failing to receive the expiration notice. The Customer remains solely responsible for the renewal of the Domain Name.

If the Customer fails to take action to renew the Domain Name before its expiration date, the Domain Name will first be deactivated and pursuant to the applicable Registry Policy, become available for registration by the public.

In the event the Domain Name expires, and in as much as it is feasible, EuroDNS will automatically redirects it to a dedicated Parking Page (as defined in article 1.7 hereof) displaying a message indicating that the Domain Name has expired and inviting the Customer to proceed to its renewal via the EuroDNS Site.

If the Domain Name is deleted from the Registry database, EuroDNS reserves the right to, either directly or on behalf of a third party, register the Domain Name neglected by the Customer. The Customer understands and agrees that by failing to take action prior to the expiration of the Domain Name; the Customer expressly waives all rights to challenge such registration by or via EuroDNS.

1.4. DNS servers

When submitting an Order Form for a Domain Name, the Customer shall choose whether the Domain Name will be delegated to Classic DNS servers or to any other DNS servers.

The Customer shall be entitled to modify the DNS servers to which the Domain Name is delegated to at any time. Depending on the Extension under which the Domain Name is registered, this operation may incur a fee. The fees applicable to this operation are specified on EuroDNS' price list published on the EuroDNS Site.

Classic DNS servers are made available to the Customer free of charge with no express or implied warrantee as to their proper functioning. By using Classic DNS servers, the Customer commits to making a reasonable use of this service. In such a case where EuroDNS will, at its sole and entire discretion, consider that the Customer's use of Classic DNS servers is improper, such as but not limited to causing a flood of DNS queries, using the DNS servers as part of a Fast Flux attack' EuroDNS will be entitled to suspend the provision of this service and thus to deactivate the Customer's Domain Name without prior notice.

The Customer acknowledges that in such a case the Domain Name is transferred to another Registrar, the Customer will not be permitted to use Classic DNS servers again.

1.5. Domain Name Activation

1.5.1. Details accuracy

In the event the Customer elects to appoint the Domain Name details different to those associated with their Customer Account, EuroDNS shall in accordance with article 4 of the General Terms and Conditions, proceed to the Validation of those details.

The Customer acknowledges and accepts that in a case where the accuracy of the Customer Details associated to the Domain Name may not be verified, EuroDNS will not activate the Domain Name regardless of its registration by the Registry.

The Customer further acknowledges that the Validation will be operated on a yearly basis and that failure to pass it will result in the suspension of the Service for all domain names linked to the details that couldn't be validated.

Pursuant to article 6 of the General Terms, the Customer shall be solely responsible for the accuracy of and the update of the Customer Details. EuroDNS cannot consequently be held liable for any suspension of service resulting from a failure to pass the Validation.

1.5.2. DNS Servers

The Customer agrees that functional DNS servers properly set to allow the resolution of domain names are required for the registration of a Domain Name, and more generally, for the proper functioning of Internet.

EuroDNS shall preferentially use the DNS servers specified by the Customer in the Order Form for purposes of validating the Domain Name registration. However, if EuroDNS ascertains that the DNS servers specified by the Customer are invalid, and (a) the applicable Registry allows a change of DNS servers delegation at no charge, EuroDNS shall use Classic DNS servers in lieu of the DNS servers specified by the Customer or (b) the applicable Registry charges a fee for this operation, EuroDNS shall attempt to contact the Customer on three (3) occasions within a period of five (5) Working Days using the Customer Details. After these five (5) days have lapsed, and in the absence of the Customer's express consent within such period, the concerned Domain Name shall be deleted and automatically become available for registration by the public pursuant to the applicable Registry Policy.

1.6. Domain Name Transfer

The transfer of the Domain Name to another Registrar shall be operated in accordance with the applicable Registry Policy as well as all other Policies applicable to the Extension or in the absence of such, in accordance with EuroDNS' own procedures.

The Customer explicitly authorizes EuroDNS to act as their Designated Agent, as stipulated by the ICANN Transfer Policy, to approve a Change of Registrant on their behalf.

EuroDNS shall accept any Domain Name transfer request insofar as such request is communicated to EuroDNS via the Customer Account seven (7) Working Days, or more depending on the Registry Policy, prior to the Domain Name expiration date.

If the transfer request is submitted after this period, the Customer shall extend the Domain Name registration period by at least the minimum term allowed by the Registry, prior to being entitled to submit a new transfer request for such Domain Name.

The Customer acknowledges that depending on the Extension considered, the transfer of the Domain Name to another Registrar may be forbidden for a given period of time following the registration date of the Domain Name by the Registry. This period is of sixty (60) days for all Domain Names registered under a gTLD Extension and vary from one ccTLD Extension to another. It is the Customers sole responsibility to acquaint themselves with the Registry Policy and a more generally with all applicable Policies before placing their order.

1.7. Parking Page

If, upon registering the Domain Name, the Customer abstains from linking it to a specific page or Internet site, the Customer grants EuroDNS the right to point the Domain Name to a web page specifically designed to avoid the display of a 404 error message to Internet users. Such a page may promote various services (such as a search engine and advertising offers) to the public.

The Customer shall be entitled to deny such right of redirection of the Domain Name to EuroDNS by sending a written request by mail to EuroDNS at the address specified in article 1 of the General Terms and Conditions.

2. Registries and other Policies

The Customer expressly acknowledge and accept that the Registry reserves the right to deny, cancel or transfer any Domain, or place any Domain (s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion to comply with specifications adopted by any industry group generally recognised as authoritative with respect to the Internet (e.g., RFCs), or to correct mistakes made by the Registry and/or any other contractually obligated vendors in connection with a domain name registration.

By submitting an Order Form, the Customer expressly and fully agrees to the applicable Extension dispute resolution policy applicable to any dispute which may arise between the Domain Name holder and a third party.

Although a list of hyperlinks to each applicable Registry Policy may be available on the EuroDNS website, it shall be the Customers sole responsibility to obtain the most recent version of those documents directly from the Registries. Nonetheless, the Customer shall always be informed of the main requirements applicable to the domain name registration they want to make.

3. Supporting documents

3.1. The Customer undertakes to swiftly procure to EuroDNS any documentation required for the validation and acceptation of their request by the Registry (the "Documents").

3.2. Within three (3) days following receipt of the payment for the Order Form, EuroDNS shall, if required, attempt to contact the Customer using the Customer Details, to obtain the Documents (the "Reminder").

3.3. In the event the first Reminder is not acted upon, EuroDNS shall attempt to contact the Customer using the Customer Details, at least two (2) more times. The second Reminder shall be sent within five (5) days following the first one and the third shall be sent within ten (10) days following the second.

3.4. It is the Customer's sole responsibility to contact EuroDNS prior to the third Reminder, by using the details displayed on the EuroDNS Site, including the email address support@eurodns.com.

3.5. The Customer acknowledges that any delay in the provision of the Documents will entail additional work for EuroDNS which may potentially impair the operation of the applicable Registry and/or Provider. The Customer therefore agrees that the sending of a third Reminder may bear a charge amounting to a specific percentage of the applicable fee, and that such charge shall be automatically debited by EuroDNS using the Method of Payment associated to the Customer Account.

3.6. In the event EuroDNS has not received the Documents within fifteen (15) days after the sending of the third Reminder, the Domain Name will be automatically deleted and the Customer will not be entitled to any refund.

4. Refund

The Customer understands and agrees that unless otherwise provided all fees applicable to the Domain Name Service are non-refundable. The Customer having the legal status of consumer pursuant to the Luxembourgish consumer code are expressly informed that the Domain Name being considered a customised good, pursuant to article L.222-5 of this code, the Domain Name Service is not subject to the statutory right of withdrawal.

The Customer further acknowledges that the transfer of the Domain Name registered with EuroDNS to another Registrar does not entail the refunding of any monies paid to EuroDNS for the realisation of past operations (registration, modification, administration, etc.) on the Domain Name.

The Customer further expressly accepts that any transfer request will only be accepted after the payment of all unpaid invoices including all transfer fees which may apply. In case the Customer's EuroDNS Account presents a negative balance, EuroDNS will be entitled to prevent any Domain Name transfer by applying all applicable technical measures, including but not limited to, the locking of the applicable Domain Name.

5. Modification

In accordance with article 7.2 of the General Terms and Conditions, EuroDNS retains the right to discontinue or suspend the Domain Name Service for any of the Extensions.

The Customer understands and accepts that EuroDNS cannot be held liable for any consequences resulting from such modification, suspension or discontinuance of the Domain Name Service.

6. EuroDNS obligations

EuroDNS commits to make its best efforts to communicate the Customer's order for the Domain Name Service within a timely fashion to the applicable Provider and pursuant to the applicable Registry Policy. EuroDNS hereby only commits to a best-efforts obligation.

7. Responsibility

7.1. The Customer is solely responsible for the choice of the string of characters composing the Domain Name, its registration and its use.

In view of the far-reaching scope of the Domain Name, it shall also fall to the Customer to take all necessary measures to protect the Domain Name and its use, particularly with regard to national and international trademark laws.

7.2. The Customer commits not to use the Domain Name Service in any illicit fashion such as distributing malware, operating abusive botnets, phishing, or otherwise fraudulent or deceptive practices. In accordance with article 11 of the General Terms and Conditions, the Customer shall assume sole responsibility for all consequences of such improper activities over which EuroDNS has neither technical nor legal control.

7.3. The Customer further commits not to infringe upon any third party's rights by the customisation and use of the Domain Name.

8. Guarantee

By submitting an Order Form for the Domain Name Service, the Customer agrees to indemnify, defend and hold harmless EuroDNS and the Registry, their employees, directors, officers, representatives, agents and affiliates, against any claim, suit, action, or other proceeding brought against EuroDNS or the Registry, or any of their affiliates based on or arising from any claim or alleged claim relating to the use of the Domain Name Service by the Customer. This guarantee entails in particular that the Customer will assist in mounting the legal defence of EuroDNS and the Registry, their employees, directors, officers, representatives, agents and affiliates, and will fully indemnify EuroDNS and the Registry, their employees, directors, officers, representatives, agents and affiliates, of any damages they may suffer due to such claim.

9. Personal data protection

By submitting an Order Form for the Domain Name Service, the Customer expressly authorises EuroDNS to disclose the following data to the Providers and to the public: the Domain Name registered by the Customer, the Customer name, address, phone number, email address, the dates of registration and expiration of the Domain Name and the DNS servers to which the Domain Name is delegated.

By submitting an Order Form for a Domain Name registered under a gTLD Extension, the Customer expressly authorises EuroDNS to communicate their Personal Data to the following escrow service provider:

Iron Mountain Intellectual Property Management, Inc. 9210 Sky Park Court, Suite 220 San Diego, CA 92123 USA

This disclosure and escrow of the Personal Data are for the sole purpose of allowing the implementation of an emergency plan to ensure the continuity of the Internet naming system in case of failure and /or happening of events preventing EuroDNS from fulfilling its obligations as a Registrar.

The Customer understands and accepts that in the case of denial of the disclosure specified herein, the Domain Name Service cannot be provided and that any request to delete the Personal Data after the registration of the Domain Name will automatically entail the deletion of the Domain Name.

10. Disputes

In the event a dispute occurs between a third party and the Customer regarding the registration or use of the Domain Name by the Customer, EuroDNS will be in no way whatsoever involved in such a dispute and the Customer will solely assume any consequences thereof.

If a decision resulting from a dispute proceeding is reached and requires EuroDNS' intervention, EuroDNS shall abide by such decision without being held liable by the Customer.

By submitting an Order Form for the Domain Name Service, the Customer expressly agrees that:

  • any dispute pertaining to the Domain Name the Customer is willing to register may be settled via the alternative dispute resolution system established by the Registry in charge of the applicable Extension; and that
  • both the courts of the Domain Name holder residence and EuroDNS place of incorporation have jurisdiction over any dispute between the Customer and a third party related to the domain name registered under a gTLD Extension.

11. Suspension

The Customer acknowledges that any suspension of the Domain Name Service pursuant to article 15 of the General Terms and Conditions which lasts more than the Domain Name registration term will entail the deletion of the Domain Name from both EuroDNS and the registry databases. Upon deletion the Domain Name will become available for registration by the public pursuant to the applicable Registry Policy.

12. Termination

12.1. The Customer may request the deletion of the Domain Name that they have registered via the Domain Name Service at any time. Such termination will be operated after a period of one (1) month following the receipt by EuroDNS of a written request sent by registered mail to the address specified in article 1 of the General Terms and Conditions.

In the event that the deletion of the Domain Name is not possible, EuroDNS shall suspend the Domain Name for the period remaining until its expiration date.

12.2. In the case of termination of the whole Agreement as pursuant to the terms of article 14 of the General Terms and Conditions, the Customer shall hold EuroDNS harmless from any responsibility arising from any further intervention request on the Domain Name. Renewal of the registration of any Domain Name that expires following receipt of the termination notice shall be excluded.

12.3. The Customer expressly agrees that no refund shall be granted in case of termination of the Domain Name Service and/or the whole Agreement.

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