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Domain Name Registration Agreement
This Agreement is in effect from May 23, 2010.
Danesco Trading, Ltd. (hereinafter referred to as 'Registrar') and Domain Name Administrator of the other part (referred together herein as the 'Parties') now hereby have signed this Agreement as follows
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Definitions
'Domain' means a region of space for hierarchical Internet names indicated by a unique domain name, serviced by a set of Domain Name Servers (DNS) and administrated by its administrator. ICANN is the Internet Corporation for Assigned Names and Numbers that coordinates the domain name and IP address system, defines policies and enables functionality of root servers.
'International domains' are .NET, .COM, .ORG, .BIZ, .INFO domains.
'Top-level domain administrator' is an organization authorized by ICANN to administrate, define the registration policies, delegation and functioning of domains in the international top-level domains.
'National domain' is a two-lettered top-level domain assigned by the Internet Assigned Numbers Authority (IANA) with the concurrence of Internet societies under country codes relying upon the ISO 3166-1 standard.
'Top-level national domain administrator' is an organization which administrates the top-level national domain assigned for a country or a territory.
'National domains of other countries' are .СС, .LC, .ME, .TV domains.
'Registry' is a central database of the relevant international or national top-level domains with information on the registered domain names and DNS servers, other information required for the registration and the delegation of domains.
'Registry Operator' is a legal entity ensuring the functioning of the registry and giving access to the registry to Registrars so that the Registrars provide the domain name registration services.
'Premium Domain' is a domain reserved by the top-level domain administrator, top-level national domain administrator, registry operator or ICANN with the 'premium' status, the way and/or cost of the registration and/or renewal of which could differ from standard ones.
'Registrar' is Danesco Trading, Ltd. which provides the domain name registration services and ensures the transfer of the required information to the registry.
'Partner of Registrar' ('Partner') is a person participating in the partnership program of the Registrar (the party under the agreement on the provision of comprehensive services, index EVO-REG).
'Other Registrar' is any legal entity accredited by ICANN or another authorized entity, including the top-level international domain Administrator, providing the domain name registration services and ensuring the transfer of the required information to the Registry.
'Domain name registration' is entering the information on the domain name to the Registry by the Registrar. The term registration, during which the information on the domain name is recorded in the Registry, is defined by the domain name Administrator, taking into account the longest and the smallest possible terms of the registration set by the applicable Registry. The domain name registration may be renewed at the sole discretion of the domain name Administrator.
'Domain name Administrator' is a person to the name of whom the domain name is registered. The domain name Administrator is defined in the Registrant field in the information on the domain name. The domain name Administrator defines a procedure for the use of the domain name, takes liabilities to pay for the registration and the renewal of the registration term, the administrator is responsible for the choice of the domain name, the possible abuse of rights of third parties relating to the selection and the use of the domain name and carries a risk of losses relating to the above-mentioned abuse.
'Registration revocation' (the release of the domain name) is the removal of the information on the domain name from the Registry.
'Domain delegation' is the placement and the storage of information on the domain name and the applicable domain name servers (DNS) on the root servers of the applicable top-level domains. The domain delegation with a list of DNS servers indicated by the Administrator or Partner of Registrar authorized by Administrator (in case of .TEL domains Registrar) is possible only within the effective period of the domain name registration.
'Registrar Transfer' is the change of information about the domain name Registrar in the Registry by Registry Operator.
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General Provisions
- Registrar is accredited (authorized) by ICANN Corporation to provide the registration services for the second-level domain names .NET, .COM, .ORG, .BIZ, .INFO; by VeriSign, Inc. for the domain names .CC, .TV; by doMEn, d.o.o. for the .ME domain and registers domain names in the .NET and .com domains under the Agreement signed by the Registrar and VeriSign, Inc., the operator of .NET and .COM domains Registries, in the .ORG domain under the Agreement signed by the Registrar and Public Interest Registry, the Operator of the .ORG Registry, in the .INFO domain under the Agreement signed by the Registrar and Afilias Limited, the Operator of the .INFO Registry, (iv) in the .BIZ domain under the Agreement signed by the Registrar and Neulevel, Inc., the Operator of the .BIZ Registry, in the .CC and .TV domains under the Agreement signed on July 27, 2007 by the Registrar and VeriSign, Inc., the Administrator of .CC and .TV domains, in the .ME domain under the Agreement signed by the Registrar and doMEn, d.o.o., the Administrator of top-level .ME domain.
- The domain name registration is effective after entering information on the domain name to the Registry.
- Domain name Administrator agrees that Registrar is not liable and responsible for the actions of the Registry relating to failure to receive the registration of the domain name.
- The order of the domain name registration service in the international and national domains of other countries or the transfer of the domain
servicing from Other Registrar (the Registrar Transfer) directly from the Registrar or via Partner of Registrar authorized by Administrator confirms
the fact that Administrator acknowledges and agrees with the provisions of the following documents:
(i) Agreement herein, the text of this Agreement is posted on the web-server of Registrar in the following link domain registration agreement.
(ii) Uniform Domain Name Dispute Resolution Policy, the text of the Uniform Domain Name Dispute Resolution Policy is posted in English in the following link icann.org/dndr/udrp/policy.
(iii) Rules for Uniform Domain Name Dispute Resolution Policy for the .Me domains, the text of the Dispute Policy for the .ME domains is posted in English on the Web-server of the top-level national domain administrator in the following link domain.me/DRP.
and (vi) a procedure for the above-mentioned policy modifications.
- Registrar is obliged to inform Administrator on the fact of changes in this Agreement, Uniform Domain Name Dispute Resolution Policy and Rules for Uniform Domain Name Dispute Resolution Policy using channels of communications provided by Administrator at least seven days before the changes take effect and post the changes on the Web-server of Registrar www.danesconames.com
- if Administrator fails to agree the revised version of this Agreement, the Uniform Domain Name Dispute Resolution Policy or the Rules for Uniform Domain Name Dispute Resolution Policy, Administrator for seven days shall send a request asking to revoke the domain name registration or the transfer the servicing of the domain name to Another Registrar. Otherwise, consent of Administrator is considered expressed.
- Domain Administrator agrees that the domain delegation shall be suspended, or the domain name registration shall be revoked, or the domain shall be transferred to other
Registrar under a decision on the basis of the policy or the procedure established by ICANN or another authorized entity, including the national domain administrator, and under
any procedure of the Registry Operator or Registrar, compliant with the policy of ICANN or other authorized entity, including the national domain administrator,
in the purposes set forth in herein:
(i) correction of an error of Registrar or Registry Operator linked to the domain name registration,
(ii) resolution of disputes on the domain name,
(iii) execution of a ruling of court of competent jurisdiction,
(iv) prevention of illegal actions and actions causing harm to third parties, including, actions on distributing and advertising pornographic materials, appeals for violence, extremist activities, political upheaval, etc. and actions infringing public interests, humanity and moral principles, actions insulting human dignity or religious feelings, etc. Registrar reserves the right, on its sole discretion, to judge the actions of Administrator relating law violation, including cases when the actions are not stipulated in laws. The definitions and a list of materials prohibited to use is posted in the following link rules.
- Domain Administrator agrees to protect Registry Operators, their subsidiaries or branches, their owners, directors, officials, employees and agents from all the claims, losses, responsibility, expenses and costs, including reasonable fees for legal services and expenses accrued due to operations of Domain Administrator relating to the registration and the use of domains.
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The conditions of the domain name registration
- Domain names are not registered in the cases set forth in herein:
- Domain name has been registered
- Domain name is reserved by the Registry (the list of reserved domain names is published on the Web-server of ICANN or the applicable Registry Operator), including premium domains. The .TV domains is the exception.
- Domain name is not in accordance with the following requirements:
(i) a domain name for second-level domains shall contain: from 3 to 63 symbols in the .NET, .COM, .ORG, .BIZ, .INFO, .ME, and from 1 to 63 symbols in the .CC, .TV, domains,
(ii) for premium second-level domains a domain name shall contain from 1 to 63 symbols (in the .TV domain),
(iii) domain names in the .NET, .COM, .ORG, .BIZ, .INFO, .CC, .TV, .ME, .MOBI, .NAME, domains shall start with the Latin letter or the number. Letters, numbers or hyphens shall be used as intermediate symbols. A domain name for the .TEL domains shall contain at least one Latin letter.
- Registration terms range from one (1) to ten (10) years.
- Domain names are not registered in the cases set forth in herein:
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Renewal of the domain name registration term
- Renewal of the domain name registration term expands the domain name registration for any period multiple of one (1) year, and the total unexpired term of the registration does not exceed 10 years.
- The domain delegation with a list of DNS servers given by Administrator or an authorized Partner of Registrar is suspended by Registrar if the registration term renewal is failed by Administrator of an authorized Partner of Registrar before the expiry term defined in the database of Registrar. The procedure for suspending the delegation is set by Registrar and is posted on its Web-server. From the moment of the suspension of the domain delegation with a list of DNS servers given by Administrator or an authorized Partner of Registrar all http inquiries to the domain of Administrator shall be redirected to the restricted page of Registrar to inform on the temporarily non-provision of the service. If the registration is renewed before deleting information on the domain name from the database of Registrar, the delegation of the domain with a list of DNS servers given by Administrator or an authorized Partner of Registrar is restored by Registrar.
- Registrar reserves the right to initiate the domain name revocation procedure in the Registry and deletes the domain name from the database of the Registrar if the domain name registration term is not renewed by Administrator or an authorized Partner of Registrar within 30 calendar days from the registration expiry date. The domain name revocation procedure is set by Registrar and posted on its Web-server.
- Domain name, for which the domain name revocation procedure is initiated by Registrar, shall be restored with the synchronous renewal of the registration term for one (1) year under a request of Administrator or an authorized Partner of Registrar if the request is received by Registrar no later than in 35 calendar days from the moment of the launch of the revocation procedure in the Registry.
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Fees and payment for the registration, the registration term renewal, the transfer of Registrar and the transfer of Domain name Administrator
- Domain name Administrator is responsible for paying the domain name registration and registration renewal fees, Registrar transfer fees, Domain name Administrator transfer fees on time. The payment procedure is set by Registrar and posted on the Web-server of Registrar www.danesconames.com.
- Registrar reserves the right to change the fees and payment procedure, at its sole discretion.
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Domain name administration
- Domain name administrator is a company or individual defined in the Registrant field in the Whois information about the domain, and the right to use the domain name belongs to the administrator. The field is filled in on the basis of information submitted by Administrator or an authorized Partner of Registrar during the registration of a domain name. Domain name administrator is responsible for the accuracy and timeliness of the provision of the registration information, which includes the obligatory and additional information.
- Domain name administration rights (Administrator transfer) shall be transferred under the policy set by Registrar. The policy is posted on the Web-server of Registrar www.danesconames.com
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Registration information
- Obligatory information. Administrator shall provide the following information in English to register domain names in international and national domains of other countries:
(i) Company name in line with the statutory documents if Administrator is a company;
(ii) Last name, name and middle name in line with the ID document if Administrator is an individual;
(iv) Domain name;
(v) Company name in line with the statutory documents and/or last name, name and middle name in line with the ID document, postal address, phone number, fax, e-mail of a contact person to settle administrative, technical issues and/or payment issues;
(vi) IP address and DNS servers;
(vii) Other information asked by Registrar under a request of the applicable Registry to be submitted, including information on the purpose of the registration of the domain name.
- Additional information. Apart from obligatory information defined in paragraph 7.1, Registrar reserves the right to record any of all
of the following information on the domain name registration:
(i) The original creation date of the domain name registration;
(ii) The submission date and time of the registration order sent to Registrar and the date and time of the registration order sending to the Registry;
(iii) The records in the electronic form with information on the order of new services, changes to information and the cancelation of orders, communications between Registrar and domain name Administrator and/or Partner authorized by Administrator;
(iv) The information for domain name payments settled by Administrator or Partner authorized by Administrator;
(v) The expiration date of the registration;
(vi) Any other information relating to the domain name registration inquired by Registrar, at its sole discretion.
- Administrator agrees to submit the reliable information to Registrar. Administrator is obliged to update information and correct it himself or via an authorized Partner of Administrator if it is required. If Administrator submits untrue information or fails to update the registration information, the domain name registration may be revoked.
- Registrar reserves the right to ask additional information and/or ask to confirm the reliability of information submitted earlier from Administrator at any time during the domain name registration period. The request is sent using channels of communications to Administrator and/or a Partner of Registrar authorized by Administrator.
- Domain name Administrator agrees that if Administrator fails to submit additional information and/or fails to confirm information submitted earlier,
submits inaccurate or untrue information, fails to execute liabilities on the urgent update of information submitted to Registrar for over seven (7)
calendar days from the moment of making the first inquiry by Registrar using channels of communications to Administrator and/or a Partner of Registrar authorized by Administrator,
Registrar reserves the right:
(i) to deny the domain name registration order of Administrator and/or a Partner of Registrar authorized by Administrator;
(ii) to suspend the delegation of the Administrator's domain;
(iii) to deny of the domain name registration renewal order of Administrator and/or a Partner of Registrar authorized by Administrator;
(iv) to deny the order of Administrator to transfer the domain name to a third party and to transfer the servicing of the domain name to other Registrars. All the restrictions expressed herein shall be lifted for seven (7) calendar days from the moment of the submission of the inquired information by Administrator. In case of the failure to submit the required information for seven (7) calendar days from the moment of the delegation revocation, Registrar reserves the right to act at its sole discretion, down to the domain name registration termination.
- Domain name Administrator agrees that the registration information submitted by Administrator in line with paragraphs 7.1, 7.2 may be shared with third parties under an inquiry of ICANN, Registry Operator, international top-level domain administrator, national top-level domain administrator, local and international law-enforcement agencies, court or to the extent otherwise at sole discretion of Registrar.
- Domain name Administrator agrees that information submitted by Administrator via filling in applications, other documents, including ones in the electronic form, placed by Administrator into fields of the applicable documents with 'Public' remark will be placed by Registrar in public search services (in particular, the Whois) and will be available to the indefinite circle of people. The list of information that is obligatory for posting and posted as 'Public' under consent of Administrator is published on the Web-server of Registrar www.danesconames.com
- Administrator agrees that ICANN or another authorized entity, including national top-level domain administrator, reserves the right to change existing policies, restrictions or requirements or set the new ones relating to the form and the volume of the registration information submitted by Administrator, which Registrar is obliged to make available to third parties.
- Registrar gives access to the registration information of Administrator recorded in the database of Registrar to Administrator to browse it and update in the fields open for update posted on the Web-server of Registrar www.danesconames.com
- Obligatory information. Administrator shall provide the following information in English to register domain names in international and national domains of other countries:
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Registrar transfer
- You hereby authorize the Danesco Trading, Ltd. to act as your "Designated Agent" for all gTLD domains in accordance with the Inter-Registrar Transfer Policy (IRTP) (https://www.icann.org/resources/pages/registrars/transfers-en). You agree that the "Designated Agent" has the explicit authority to approve and accept each "Change of Registrant" in compliance with the IRTP on your behalf in all instances, whether this change represents a change from or to your Registrant information. You accept that the authorization to act as the "Designated Agent" is a condition for registering your domain or managing it by Danesco Trading, Ltd.
- Only domain name Administrator shall be allowed to initiate the Registrar transfer procedure (the transfer of the domain to or from other Registrars). Registrar reserves the right to require Administrator to provide the written confirmation of the Registrar transfer request.
- Domain name Administrator is transferred in accordance with the official letter from the domain name Administrator and simultaneously with the transfer of the domain name for the servicing by Registrar. The typical letter is posted on the Web-server of Registrar www.danesconames.com
- Registrar reserves the right to deny a Registrar transfer request
(i) during the first 60 calendar days after the initial domain name registration with the original Registrar;
(ii) during the first 60 calendar days after the then current Registrar transfer;
(iii) domain name Administrator refuses to confirm its consent to transfer Registrar or fails to respond in the period set by Registrar — five (5) calendar days if the domain is transferred from other Registrars;
(iv) if the Registrar transfer is not in accordance with the Uniform Domain Name Dispute Resolution Policy or Rules for Uniform Domain Name Dispute Resolution Policy when doubts appear during the Administrator identification;
(v) if doubts appear during the Administrator identification;
(vi) by court ruling;
(vii) at the discretion of the then current Registrar;
(viii) at the direction of Registry Operator if the request to transfer Register is made for the premium domain .TV.
- Upon successful completion of a Registrar transfer the information about the domain name Registrar is changed in the Registry and the existing registration term is extended for one (1) year, and the total unexpired term of the registration does not exceed 10 years.
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Dispute resolution rules
- When submitting the domain name registration order for international and national domains in other countries himself or acting via the authorized Partner of Registrar, Administrator agrees that disputes between Administrator and any other third parties relating the registration and the use of the domain name registered by Administrator shall be heard under the policy approved by ICANN or other authorized entity, including national top-level domain administrator and other Registrars approved. The policy is Uniform Domain Name Dispute Resolution Policy for international and national domains of other countries and Rules for Uniform Domain Name Dispute Resolution Policy for .ME domains. This is the pretrial procedure mandatory for Administrator and domain Registrar.
- Links where the Uniform Domain Name Dispute Resolution Policy and the Rules for Uniform Domain Name Dispute Resolution Policy are posted in English are listed in paragraph 2.4 of this Agreement.
- If ICANN amends the Uniform Domain Name Dispute Resolution Policy or national domain Administrator amends Rules for Uniform Domain Name Dispute Resolution Policy, the amendments are mandatory to observe by Administrator and Registrar of the domain name from the moment of their publication by Registrar on its Web-server www.danesconames.com