General terms and conditions
realtimeregister.com - General Terms and Conditions - Version 01.01.2006
Terms and Conditions:
the terms and conditions including all Appendixes listed above, of Realtime Register, which published in most recent version on this website.
Realtime Register B.V.
The party which has a contractual relationship with Realtime Register , who fully accepts these terms and conditions and Appendixes. The customer is known in the role of Registrant (domain name owner/holder) and in the role of Reseller.
A registrar is a business that has the ability to register domain names on the behalf of anyone interested in obtaining a domain name. Registrars must accredited by Internet Corporation for Assigned Names and Numbers (ICANN) and may only be allowed to register certain top level domain names. The registrar must maintain domain name record information about each domain name and manage registration, expiration, re-registration, and NIC fee collection processes. In these Terms and Conditions the Registrar is in some cases also known as Realtime Register B.V.
Also called; "Domain name holder" or "Domain name owner". The person or business that registers a domain name. When registering a domain name, the name of the registrant is the entity who is ultimately accountable for the fees and any terms and conditions that the registrar specifies. The Registrant is also called the Customer in these Terms and Conditions (in the role of Customer of Realtime Register or customer of the Reseller).
A domain registry is a database that contains information about every registered domain name. When you register a domain name, all of the information about that domain is stored in a registry database (registrant name, NIC handle, domain name, etc.) Different registries exist for different top level domains. For example, the .com top level domain registry is managed by the Registry Operator "Verisign Global Registry Services".
A Reseller is a Customer acting in the role of Supplier for its own Customers for services which are supplied by Realtime Register as mentioned at the top of this chapter "Definitions" . Resellers have to sign ALL GENERAL APPENDIXES above.
Domain Name Property
The Registrant of a domain name is only entitled to the use of the registered domain name. The origin rights remains with the concerning Registry Operator.
Internet Corporation for Assigned Names and Numbers. A non-profit organization who is responsible for managing the internets domain name system including Internet Protocol (IP) address space allocation.
For more definitions (i.e. Administrative Contact - Billing Contact - ccTLD - DNS (Domain Name System) - Domain Name - FTP - gTLD - HTML - HTTP - Hypertext - IANA - ICANN - InterNIC - IP Address - ISP (Internet Service Provider) - Nameserver - Nameserver - NIC fee - NIC handle - Parking - Registrant - Registrar - Registry - Root - Second-Level Domain - Technical Contact - TLD - URL - Web Page - Web Site - WhoIs)
1. Offer and Agreement
- These General Terms and Conditions shall apply to all offers, contracts, legal relationships and Agreements under which Realtime Register provides goods and/or services of whatever nature to the customer. Deviations from and additions to these General Terms and Conditions shall only be valid if they have been expressly agreed.
- All offers and other statements by Realtime Register shall be without obligation, unless Realtime Register expressly indicates otherwise in writing. The customer warrants the accuracy and completeness of the measurements, requirements, performance specifications and other data on which Realtime Register bases its offer and which have been stated by or on behalf of the customer to Realtime Register.
- The application of the customer's purchasing or other terms and conditions is expressly rejected.
- If any provision of these General Terms and Conditions is null and void or annulled, the other provisions of these General Terms and Conditions shall remain in full force.
- Realtime Register may always state additional requirements concerning communication between the Parties or performance of legal acts by e-mail or web-interface.
- Customer agrees that the first 7 days of contract period will not be claimed as the legal 7 days dissolution time, because Realtime Register possibly starts within these 7 days with compliance with the agreement.
- The contract comes into being when Realtime Register confirms the order by web- e-mail- of XML form.
- For resellers: Once the reseller contract is singed for, following contracts (for each individual domain name registration) comes into being when Realtime Register confirms a password secured order by e-mail-, XML- or Web- interface.
- The customer confirms that he is of full age.
2. Legal Entity
- If the customer act on account of a company, foundation or association, Customer will be kept at any time personal responsible for open invoices, in case he was not competent to act on behalf of the legal person for which the agreement has been made, or as the legal person for whom is signed abandons its obligations to pay. The customer will also be held responsible for costs which are imposed by third parties to Realtime Register, if this is the consequence of unauthorized actions of the customer.
3. Area of Application / Alteration of the Contractual Terms
- Realtime Register provides its services solely on the basis of the present Terms and any Annexes or Addendums hereto as well as subject to any registration provisions prescribed by the Registrar of ICANN or the relevant Registry Operators that are to be complied with for performance of the contractual relations.
- ICANN is entitled to pass rules that affect registration relations with Customers. The same applies to changes in the terms and conditions of the relevant registries. For these and other reasons, the need to alter the present Terms may arise. In such a case, the customer shall be notified by e-mail of the changes and the associated possibility of objecting to these changes in writing within one month of receipt. Unless the customer objects, contractual relations continue subject to the changed Terms. If an objection is made within the specified period, Realtime Register has the right to terminate the contract.
- Realtime Register is entitled to undertake or accept changes to its own service and technical environment without notifying the customer if contractual services are not affected or the changes take account of technical progress.
- If services are provided by Realtime Register or the Registrar free of charge, the customer has no right to their further availability. Realtime Register has the right to terminate these services at all times without notice and without the customer acquiring any claims to compensation, a reduction in price or refund as a result.
4. Price and payment
- All prices shall be exclusive of turnover tax (VAT) , and other levies imposed by the government.
- Realtime Register is authorized to raise the prices, if this is announced 1 month in advance by e-mail. Lowerings can be communicated 1 day in advance by e-mail. If the customer does not agree with such an adaptation, the customer has been entitled to conclude the agreement within thirty days after the notification, by the date on which the adaptation would become effective for the customer.
- The Parties shall record in the Agreement the date or dates on which Realtime Register shall charge the customer the fee for the agreed performance. The customer shall pay invoices in accordance with the payment conditions stated on the invoice. In the absence of a specific provision, the customer shall pay within thirty days after the invoice date. The customer shall not be entitled to set off or to suspend a payment.
- Also see Chapter "NON-Payment"
- If the Agreement relates to providing computer services periodically or regularly, the Agreement shall be entered into for the term agreed between the Parties, in the absence of which a one-year term shall apply. The term of the Agreement shall be tacitly extended each time by the length of the original period. Please see chapter "Termination of the Agreement" and "Offer and Agreement, Duration, Termination of Domain Names" for more information.
6. Modification and additional work
- If, at the request of or with prior consent from the customer, Realtime Register has performed work or rendered other performance which goes beyond the substance or scope of the agreed services, the customer shall pay for that work or performance according to Realtime Register's usual rates. Expanding or modifying a system analysis, a design or specifications shall also constitute additional work. Realtime Register shall never be obliged to satisfy such a request, and it may require that a separate written agreement be concluded.
- The customer accepts that work or performance may affect the agreed or expected time of completion of the services and the mutual responsibilities of the customer and Realtime Register. The fact that additional work (or the demand for it) arises during execution of the Agreement shall never be a ground for the customer to rescind or terminate the Agreement.
- Insofar as a set price has been agreed for the services, Realtime Register shall, upon request, inform the customer in writing in advance about the financial consequences of the extra work or performance.
- Additional work can come about by order through tel. and Internet and verification of a password supplied by Realtime Register, or a password modified by the customer.
7. Confidential information, taking over employees and privacy
- Customer warrants that all of the information received, which is known to be or should be known to be confidential in nature shall remain secret, unless a legal obligation mandates disclosure of that information. The customer receiving the confidential information shall only use it for the purpose for which it has been provided. Information shall in any event be considered confidential if it is designated by Realtime Register as such.
- During the term of the Agreement and for one year after it is terminated, each of the Parties shall not, unless it receives prior written permission from the other Party, take on employees of the Other Party who are or were involved in executing the Agreement or otherwise have these employees work for it, directly or indirectly. As the occasion arises, Realtime Register shall not withhold the permission concerned if the customer has offered appropriate compensation.
- The customer shall indemnify Realtime Register against claims by persons whose personal data has been recorded or processed in connection with a register of persons maintained by the customer or for which the customer is responsible under law or otherwise, unless the customer proves that the facts underlying the claim are solely imputable to Realtime Register.
8. Retention of title and rights, specification and possessory lien
- A ll objects delivered to the customer shall remain Realtime Register's property until all amounts owed by the customer for the objects delivered or to be delivered or work performed or to be performed under the Agreement, as well as all other amounts which the customer owes due to a breach of its payment obligation, have been paid fully to Realtime Register. A Customer acting as a reseller may sell and re-deliver all items subject to Realtime Register's retention of title insofar as that is common in connection with its normal business operations. If the customer creates a new object wholly or partly from the objects delivered by Realtime Register, the customer shall create that object solely for Realtime Register and the customer shall hold the newly created object for Realtime Register until the customer has paid all amounts owed under the Agreement; in that event, Realtime Register shall possess all rights as the owner of the newly created object until the time the customer makes full payment.
- As the occasion arises, rights shall always be granted or transferred to the customer on the condition that the customer pay the agreed fees fully and in a timely manner.
- Notwithstanding any delivery obligation, Realtime Register may maintain possession of the objects, products, proprietary rights, information, documents, databases and interim or other results of Realtime Register's services which have been received or generated in connection with the Agreement until the customer has paid all amounts owed to Realtime Register.
- The risk of loss or theft of or damage to objects, products, software or data which are the subject of the Agreement shall pass to the customer at the time they have been placed at the actual disposal of the customer or an assistant used by the customer.
10. Intellectual or industrial property rights
- All intellectual and industrial property rights to software, websites, databases, equipment or other materials developed or provided under the Agreement, such as analyses, designs, documentation, reports, offers, as well as preparatory materials in that regard, shall be held solely by Realtime Register, its licensors or its Suppliers. The customer shall only acquire the rights of use expressly granted in these Terms and Conditions and by law. Any other or more extensive right of the customer to reproduce software, websites, databases or other materials shall be excluded. A right of use to which the customer is entitled shall be non-exclusive and non-transferable to third parties.
- If, in deviation from Article 10.1, Realtime Register is prepared to undertake to transfer an intellectual or industrial property right, such an obligation may only be entered into expressly in writing. If the Parties expressly agree in writing that intellectual or industrial property rights regarding software, websites, databases, equipment or other materials specifically developed for the customer shall be transferred to the customer, this shall not affect Realtime Register's right to apply and to use, either for itself or for third parties, the parts, general principles, ideas, designs, documentation, works, programming languages and the like underlying that development, without any limitation on other purposes. Nor shall a transfer of intellectual or industrial property rights affect Realtime Register's right to undertake developments for itself or third parties which are similar to those done for the customer.
- The customer shall not be allowed to remove or modify any designation concerning the confidential nature or concerning copyrights, trademarks, business names or other intellectual or industrial property rights from the software, websites, databases, equipment or materials.
- Realtime Register shall be allowed to take technical measures to protect the software or with a view to agreed restrictions in the duration of the right to use the software. The customer shall not be allowed to remove or evade such a technical measure. If security measures result in the customer being unable to make a back-up copy of software, Realtime Register shall provide the customer with a back-up copy upon request.
- Unless Realtime Register provides a back-up copy of the software to the customer, the customer may make one back-up copy of the software, which may only be used to protect against involuntary loss of possession or damage. The back-up copy may only be installed after involuntary loss of possession or damage. A back-up copy must have the same labels and copyright designations as are present on the original version.
- Subject to the other provisions of these General Terms and Conditions, the customer shall be entitled to correct errors in software provided to it if that is necessary for the intended use of the software. In these General Terms and Conditions, "errors" shall mean a substantial failure to meet the functional or technical specifications stated in writing by Realtime Register and, in the case of custom-made software and websites, the functional or technical specifications expressly agreed between the Parties in writing. An error shall only exist if the customer can prove it and if it can be reproduced. The customer shall be obliged to notify Realtime Register of errors immediately.
- Realtime Register shall indemnify the customer against any third-party cause of action based on the claim that software, websites, databases, equipment or other materials developed by Realtime Register itself infringe an intellectual or industrial property right applicable in The Netherlands, on the condition that the customer immediately inform Realtime Register in writing about the existence and substance of the cause of action and let Realtime Register handle the matter completely, including with respect to agreeing to any settlements. To that end, the customer shall provide the necessary powers of attorney, information and cooperation to Realtime Register to defend - if necessary, in the customer's name - against these causes of action. This indemnification obligation shall be extinguished if the alleged infringement relates (i) to materials provided by the customer to Realtime Register for use, adaptation, processing or incorporation, or (ii) to changes the customer has made or caused third parties to make to the software, website, databases, equipment or other materials. If it has been established in court as an incontrovertible fact that the software, websites, databases, equipment or other materials developed by Realtime Register itself infringe any intellectual or industrial property right held by a third party or if, in Realtime Register's judgment, it is likely that such infringement will occur, Realtime Register shall, if possible, ensure that the customer can continue to have undisturbed use of the delivered objects, or functionally equivalent other software, websites, equipment or the other materials concerned, for example, by modifying the infringing parts or by acquiring a right of use for the customer. If, in its exclusive judgment, Realtime Register cannot ensure or cannot ensure except in a manner that is unreasonably burdensome (financially or otherwise) for it that the customer can continue to have undisturbed use of the delivered objects, Realtime Register shall take back the delivered objects, with crediting of the acquisition costs minus a reasonable user's fee. Realtime Register shall not make its choice in this regard until after the customer has been consulted. Any other or more extensive liability or indemnification obligation on Realtime Register's part due to the infringement of a third party's intellectual or industrial property rights shall be completely excluded, including liability and indemnification obligations on Realtime Register's part for infringements caused by using the software, websites, databases, equipment and/or materials delivered (i) in any form not modified by Realtime Register, (ii) in connection with objects or software not delivered or furnished by Realtime Register or (iii) in another manner besides that for which the equipment, software, websites, databases and/or other materials were developed or intended.
- The customer warrants that there are no third-party rights which are inconsistent with providing Realtime Register with equipment, software, materials intended for websites (visual material, text, music, domain names, logos etc.), databases, or other materials, including draft material, intended for use, adaptation, installation or incorporation (for example, in a website). The customer shall indemnify Realtime Register against any action based on the claim that such provision, use, adaptation, installation or incorporation infringes a third-party right.
11. Cooperation by the customer & Liability
- The customer shall always furnish Realtime Register in a timely manner with all data or information which is useful and necessary to execute the Agreement properly and provide full cooperation, including furnishing access to its buildings. If the customer utilises its own employees in cooperating in the execution of the Agreement, these employees shall possess the necessary know-how, experience, abilities and characteristics.
- The customer shall bear the risk of selecting, using and applying in its organisation the equipment, software, websites, databases and other products and materials and the services to be provided by Realtime Register, and shall also be responsible for the monitoring and security procedures and proper system management.
- If the customer furnishes software, websites, materials, databases or data to Realtime Register on a data carrier, this carrier shall meet the specifications prescribed by Realtime Register.
- If the customer does not provide Realtime Register with the data, equipment, software or employees necessary to execute the Agreement, or does not provide this in a timely manner or in accordance with the agreements made, or if the customer otherwise does not fulfil its obligations, Realtime Register shall be entitled to suspend execution of the Agreement in whole or in part, and it shall be entitled to charge the ensuing expenses in accordance with its usual rates, all of this without prejudice to Realtime Register's right to exercise any other legal right.
- If, in executing the Agreement, telecommunications facilities, including the Internet, are used, the customer shall be responsible for properly selecting these and making them available in a timely and sufficient manner, except for those faculties directly used and managed by Realtime Register. Realtime Register shall never be liable for damage or expenses due to transmission errors, malfunctions or the non-availability of these facilities, unless the customer proves that this damage or these expenses resulted from intentional acts or omissions or gross negligence on the part of Realtime Register or its managers. If telecommunications facilities are used in executing the Agreement, Realtime Register shall be entitled to assign access or identification codes to the customer. Realtime Register may change the assigned access or identification codes. The customer shall treat the access codes as confidential and with due care and shall only disclose them to authorised employees. Realtime Register shall never be liable for damage or expenses resulting from misuse of access or identification codes.
- The customer must ensure the secrecy of the access data sent to him. Any loss of data must be notified to Realtime Register immediately. If the customer passes on the data to a third party or is otherwise responsible for the use of the service by a third party, he is liable for any resulting damages or claims arising on the part of Realtime Register or third parties.
12. Delivery periods
- All delivery and other periods stated or agreed by Realtime Register have, to the best of its knowledge, been determined based on data known to Realtime Register when it entered into the Agreement. Realtime Register shall properly exert its best efforts to observe agreed delivery and other periods as much as possible. The mere fact that a stated or agreed delivery or other period has been exceeded shall not cause Realtime Register to be in default. In all cases, hence, even if the Parties have expressly agreed on a firm date in writing, Realtime Register shall not be in default because of a time period being exceeded until the customer has provided it with a written notice of default. Realtime Register shall not be bound by firm or non-firm delivery or other periods which can no longer be met on account of circumstances beyond its control which have occurred after the Agreement was concluded. Nor shall Realtime Register be bound by firm or non-firm delivery periods if the Parties have agreed to modify the substance or scope of the Agreement (additional work, change in specifications etc.). If any period threatens to be exceeded, Realtime Register and Customer shall consult with each other as soon as possible.
13. Termination of the Agreement
- Each of the Parties shall only be entitled to rescind the Agreement if the Other Party imputably fails to perform material obligations under the Agreement - in all cases, after having received a proper written notice of default which is as detailed as possible and in which it has been given a reasonable time period to remedy the breach.
- If an agreement which, by its nature and substance, will not end when certain conditions, acts or the like are fulfilled, has been entered into for an indefinite period of time, each of the Parties may terminate the Agreement by written notice after proper consultation and with a statement of reasons. If the Parties have not agreed on an express notice period, a reasonable notice period must be observed in terminating the Agreement. The Parties shall never be liable for damages for terminating the Agreement.
- Denunciation will lead never to refund of what is already invoiced.
- In deviation from what has been provided for by statute in this regard through directory law, the customer may only terminate a services agreement in the cases stated in these Terms and Conditions.
- Each of the Parties may partly or completely terminate the Agreement in writing with immediate effect and without a notice of default if the Other Party is granted a provisional or non-provisional suspension of payments, if a petition for liquidation is filed with regard to the Other Party or if the Other Party's business is wound up or terminated for other reasons besides a business reconstruction or merger. Realtime Register shall never be obliged on account of this termination to refund funds already received or to pay damages. In the event of the customer's liquidation, the right to use software provided to the customer shall be extinguished by law.
- If, at the time of the rescission the customer has already received performance in connection with execution of the Agreement, this performance and the related payment obligation shall not be cancelled, unless the customer proves that Realtime Register is in default with regard to that performance. Amounts which Realtime Register has invoiced before the rescission in connection with what it has already properly performed or delivered to execute the Agreement shall, subject to the provisions in the preceding sentence, continue to be owed in full and shall be immediately payable at the time of rescission.
- For automated domain name registration services, which in the contract explicitly are to be extended by the customer through an online payment system, no notice applies.
14. NON-PAYMENT OF BILLS
- If the customer does not pay the amounts owed in a timely manner, the customer shall owe legal interest on the outstanding amount, without any written demand or notice of default being necessary. If the customer still does not pay the claim after a written demand or notice of default, Realtime Register can pass on the claim for collection, in which case the customer shall, in addition to the total amount owed then, be obliged to pay for all in-court and out-of-court expenses, including expenses charged by external experts in addition to the costs determined at law. The customer shall also owe the expenses incurred by Realtime Register in regard to unsuccessful mediation if the customer is ordered by a judgment to pay the outstanding amount in full or in part.
- If the customer still does not pay an open invoice or the claim after a written demand or notice of default, all services for the customer will be terminated by Realtime Register including the cancellation of domain names.
15. The Supplier's liability; indemnity
- Realtime Register 's total liability for imputably failing to perform the Agreement shall be limited to compensating direct damage, up to at most the amount of the price (exclusive of VAT) stipulated for that Agreement. If the Agreement is primarily a continuing performance agreement with a term exceeding one year, the price stipulated for the Agreement shall be set at the total of the fees (exclusive of VAT) stipulated for one year. The total compensation for direct damage shall not, however, in any case exceed EUR 100,000 (one hundred thousand euros) . "Direct damage" shall solely mean:
- reasonable expenses which the customer would have to incur to make Realtime Register's performance conform to the Agreement; this alternative damage shall not be compensated, however, if the Agreement is rescinded by or at the suit of the customer;
- reasonable expenses which the customer has incurred out of necessity to keep its old system or systems and related faculties operating longer because Realtime Register did not provide delivery on a firm delivery date which was binding for it, minus any savings resulting from the delay in delivery;
- reasonable expenses incurred to determine the cause and scope of the damage, insofar as the determination relates to direct damage within the meaning of these Terms and Conditions;
- reasonable expenses incurred to prevent or mitigate damage, insofar as the customer demonstrates that these expenses resulted in mitigation of direct damage within the meaning of these Terms and Conditions.
- Realtime Register 's liability for injury or damage through death or bodily injury or because of material damage to objects shall never exceed EUR 100,000 (one hundred thousand euros).
- Realtime Register's liability for consequential damage, consequential loss, lost profits, lost savings, loss of goodwill, damage through business interruptions, damage ensuing from claims by the customer's Customers, mutilation or loss of data, damage relating to the use of objects, materials or software of third parties prescribed by the customer for Realtime Register, damage relating to engagement of Suppliers prescribed by the customer for Realtime Register and all other forms of damage or injury, on any account whatsoever, shall be excluded.
- The limitations mentioned in the preceding paragraphs of this Article shall not apply if and insofar as the damage or injury is the result of intentional acts or omissions or gross negligence by Realtime Register or its managers.
- Realtime Register 's liability because of an imputable failure to perform an Agreement shall in all cases only arise if the customer immediately and properly provides a written notice of default to Realtime Register, with a reasonable time period for remedying the failure being given and Realtime Register still imputably failing to perform its obligations after that period as well. The notice of default must contain a description of the breach which is as complete and specific as possible, so that Realtime Register can respond adequately.
- For any right to damages to exist, the customer must always report the damage or injury to Realtime Register in writing as soon as possible after it occurs. Any claim to damages against Realtime Register shall be extinguished by the mere lapse of 24 months after the claim arises.
- The customer shall indemnify Realtime Register against all third-party claims because of product liability ensuing from a defect in a product or system which has been delivered by the customer to a third party and which partly consisted of equipment, software or other materials delivered by Realtime Register, except if and insofar as the customer proves that the damage or injury was caused by that equipment, software or other materials.
- The provisions in this Article shall also apply for the benefit of all legal and natural persons utilised by Realtime Register in executing the Agreement.
16. Force Majeure
- A Party shall not be obliged to perform any obligation if it is prevented from doing so by a situation of force majeure. "Force majeure" shall also include a situation of force majeure for Realtime Register's Suppliers, improper performance of obligations by Suppliers prescribed by the customer for Realtime Register, as well as defects in objects, materials or software of third parties which the customer has required Realtime Register to use.
- If a situation of force majeure lasts for more than 90 days, the Parties shall be entitled to terminate the Agreement by rescinding it in writing. What has already been performed pursuant to the Agreement shall in that case be settled proportionately, without the Parties otherwise owing each other anything.
17 . Export
At export of equipment, components or software, the customer has to apply the relevant export provisions. Customer will protect supplier for all claims of third parties which are related to wrong applied export provisions.
- Possible complaints are only handled by Realtime Register if they have been received in writing within 3 working days after supply of the concerning performance, under precise task of the nature and the arguments of the complaints.
- Complaints concerning invoices must be submitted also in writing and within 5 working days after the invoice date
- When this period expires the customer is considered it approved the invoice. Then complaints are no longer handled by Realtime Register.
- When the complaint is considered valid by Realtime Register, Realtime Register is only obliged to delivers comform what was agreed on by the contract.
- When the complaint is considered valid by Realtime Register, the payment obligation of the customer can wait up to the moment on which complaint has been completed, however on the understanding that this only that concerns part of the invoice on which the complaint was considered valid.
- Returning of provided goods or services can occur only after our preceding written authorisation, under by Realtime Register stipulated conditions.
19. Applicable law and disputes
- Dutch law shall govern the Agreements between Realtime Register and the customer. The Vienna Sales Convention of 1980 shall not apply.
- Disputes arising between Realtime Register and the customer in connection with an Agreement concluded between Realtime Register and the customer or in connection with further agreements which arise under this shall be settled through arbitration in accordance with the Arbitration Regulations of the Foundation for the Settlement of Automation Disputes in The Hague - The Netherlands , all of this without prejudice to the Parties' right to request relief in interlocutory arbitration proceedings and without prejudice to the Parties' right to take protective pre-judgment measures.
- In order to attempt to achieve an amicable resolution of an existing or potential future dispute, either Party may always initiate IT mediation pursuant to the IT Mediation Regulations of the Foundation for the Settlement of Automation Disputes in The Hague. IT mediation pursuant to these Regulations shall be based on mediation by one or more mediators. This procedure shall not result in a judgment which is binding on the Parties. Participation in this procedure shall be voluntary. The provisions in this paragraph of this Article shall not preclude a Party which so desires from skipping the IT mediation procedure and immediately pursuing the dispute procedure mentioned before.
20. Acceptable use Policy
The customer shall maintain the attitude and behaviour that may be expected of a responsible and careful internet user. For good understanding on this subject The customer agrees with;
- The customer has a right of withholding or set-off only for counterclaims arising from these contractual relations that are undisputed or final and non-appealable.
- Realtime Register is entitled to use third parties to provide the services.
GENERAL PERFORMANCE OF SERVICES
- Realtime Register shall, to the best of its ability, do its utmost to perform the services with due care and, where appropriate, in accordance with the agreements and procedures recorded in writing with the customer. All of Realtime Register's services shall be performed on the basis of a best efforts obligation, unless and insofar as Realtime Register has expressly promised a result in the written Agreement and the result concerned has also been described with sufficient definiteness. Any agreements concerning a service level must always be expressly agreed in writing.
- If it has been agreed that the services shall be provided in stages, Realtime Register shall be entitled to postpone the start of the services which are part of a stage until the customer has approved the results of the preceding stage in writing.
- In performing the services, Realtime Register shall only be obliged to follow timely and sensible instructions of the customer if this has been expressly agreed in writing. Realtime Register shall not be required to follow instructions which change or supplement the substance or scope of the agreed services; if such instructions are followed, however, the work in question shall be compensated .
- In the absence of an expressly agreed invoicing schedule, all amounts relating to services provided by Realtime Register shall be owed in advance.
- If a services agreement has been entered into with a view to performance by a particular person, Realtime Register shall always be entitled to replace this person after consultation with the customer with one or more other persons with the same qualifications
23. TLD Appendixes
- Besides the General Terms and Conditions for DOMAIN NAMES it is also necessary for you to acknowledge and agree on all TLD Appendixes listed on top of this document.
- Realtime Register is authorised from name of Registrant to sign for registrations, transfers, raising domain names and to modify any data concerning domain names. if Client or Reseller to this end task has given permission through piece of written proof or online password identification.
25. Domicile address
- If in some cases (as for .NL domain names) the postal address and telephone number of Realtime Register are used for contact data in whois-databases, the holder of the domain name agrees to modify this address and telephone number when the domain name is transferred away from Realtime Register, in a manner that Realtime Register can no longer be connected with the concerning domain name.
26. Registration check - by Customer
- The customer will protect Realtime Register of all liability for not registering a domain name on time or registering a domain name in error. The customer must check himself if a domain name registration went wrong.
27. Offer and Agreement, Duration, Termination of Domain Names
- All separate domain name registrations are to be seen as individual contracts with a minimum duration of 1 year and a maximum duration of 10 years.
- The present Terms stipulate the general terms and conditions for the registration and extended validity of "registered names", hereinafter referred to as "domain" (for example "yourdomain.com"), and changes to the data associated with the same. On conclusion of the registration procedure, the Terms become an integral part of the contract of registration. The registration of domains is undertaken by Realtime Register/Registrar in the central databases (registries) administered by "Registry Operators".
- On completion of the prescribed registration procedure in the version applicable at the time of registration, the registering person (the customer) accepts these Terms in their entirety.
- If the customer requires that Realtime Register transfers the domain from another registrar to Realtime Register, domain registration shall automatically be extended by the period that is specified by the WhoIs data, however, for a maximum of 10 years.
- This does not affect the right of extraordinary termination for an important reason. There is good cause in particular if the customer;
- intentionally gives Realtime Register incorrect or unreliable information under Chapter "DOMAIN NAMES"
- contrary to the duty provided for under Chapter "DOMAIN NAMES" does not update the data specified in this Chapter to Realtime Register and update the stock of data;
- contrary to the duty specified in Chapter "DOMAIN NAMES" does not respond within the specified period to inquiries from Realtime Register.
- continues to breach his obligation under Chapter "DOMAIN NAMES" even after being sent a warning setting a final deadline;
- if the customer is in default with the payment of the contractual consideration and remains in default even after being sent a warning setting a final deadline.
- The contractual relations are terminated prematurely on the date on which the customer arranges for the domain to be transferred to a registrar other than Realtime Register, and on completion of the transfer in accordance with the procedure prescribed by Realtime Register, as described in the FAQ of Realtime Register and made the subject matter of the contract.
- If the registration takes place in a live-registration system for domain names (via e-mail, web interface or XML interface) the individual domain name contract is not extended, when it isn't paid for in advance, ans when the extension of the contract isn't explicitly confirmed for by the customer. In this case the contract expires at the end of the contractual term, and immediate loss of the domain is threatened.
28. Inquiry into the Availability of a Domain / Consequences of Non-availability
- Prior to registration, an inquiry is undertaken into the availability of the requested domain. The information provided free of charge in this respect is based on the data available to Realtime Register and merely reflects the valid data status in the Registry database at the time of the inquiry. Therefore, no guarantee can be given that the information is correct or complete.
- In the event of the non-availability of the domain, Realtime Register is entitled to be prematurely released from the contract and is not obliged to provide the contractual services. Realtime Register shall notify the customer without delay and refund any consideration already provided without delay only if it was caused by an error in the availability status of the Registry.
29. Domain name Services
- Realtime Register receives the data from the customer so that registration can be undertaken - subject to the availability of the domain name - in accordance with the application.
- If the customer applies for several domains, and if registration of all domains is not possible due to a lack of availability, Realtime Register is entitled to make part performance - registration of the available domains.
- At the request of the customer, Realtime Register transmits requests for modifications with regard to registrations to the Registry. The domain cannot be transferred to a different Registrar within the first 60 (in words: sixty) days after first-time registration or transfer to Realtime Register.
- If the customer prefers, Realtime Register undertakes name server services in connection with the domain, that allow the domain to be retrieved using the "Dynamic Name Server" (DNS) as well as optional web forwarding or Webhosting.
- Realtime Register pays the registration fees charged to it by the Registry Operator and/or the Registrar and undertakes ongoing maintenance of the domain, i.e. extends domain registration and, if the customer so requires, updates the database during the contractual relations.
- The service owed is the operability of Realtime Register technical infrastructures. Use of the service additionally requires the use of third party networks and technology over which Realtime Register has no control, and, therefore, which Realtime Register is unable to guarantee.
- Realtime Register does not undertake any examination of the data provided by the customer for their completeness or plausibility. Realtime Register reserves the right to process or arrange processing only of correct and complete applications that satisfy the requirements made during the registration process.
- The service shall be provided 24 hours a day with average availability in terms of time of 99% for the year.
30. Duties of the customer / Consequences in the Event of Breach
- The customer is obliged to send a subject status query using the support-page at the website of Realtime Register if the customer receives no feedback from Realtime Register within three working days of completing the registration procedure, in order to allow subsequent investigation into the status of domain registration.
- The customer is obliged to ensure and be responsible for ensuring, to the best of the customer's knowledge and belief, that the subsequent direct or indirect use of the domain resulting from registration does not interfere with rights of third parties and he gives an assurance that no rights of this kind are infringed.
- The customer is obliged to notify the following data truthfully and in full at the time of registration:
- First name and surname of the domain holder, gender, postal address, e-mail address, telephone number and fax number (if available), country and language
- In the event that the domain owner is a legal person: First name and surname of the legal representative, gender, the company name and a contact person authorised to make decisions for the company;
- Names and IP addresses of the primary and secondary name servers for the domain applied for;
- First name and surname, gender, postal address, e-mail address, telephone number, fax number (if available), country and language of the "Technical contact";
- First name and surname, gender, postal address, e-mail address, telephone number, fax number (if available), country and language of the "Admin contact";
- First name and surname, gender, postal address, e-mail address, telephone number, fax number (if available), country and language of the "Billing contact" (contact person responsible for payments);
- The customer is obliged to notify any changes in the information listed above, during the term of the Contract to Realtime Register without delay. Information of relevance for the contract is sent primarily by e-mail, web interface or XML interface, so that it is particularly important to have a valid e-mail address, which is hereby contractually agreed.
- The customer is obliged to reply to inquiries from Realtime Register regarding the accuracy of the information specified in this chapter within a period of fourteen calendar days and to correct any data that is incorrect.
- The customer is obliged to call up e-mails sent to him by Realtime Register on the next day but one at the latest to enable him to ensure his awareness of the information contained in messages from Realtime Register.
- Also in the event that the customer has allowed a third party to use the contractual domain, he himself is obliged to maintain the stock of data as listed in this chapter so that problems arising in connection with the maintenance and operation of the domain can be resolved in the short term.
- If the customer has licensed the use of the contractual domain to third parties, he nevertheless acknowledges his responsibility for claims and damages arising as a result of the unlawful use of the domain, regardless of whether he is at fault. Furthermore, he is obliged to disclose the identity of the licensee to Realtime Register and to the claimant.
- The customer must refrain from taking any measures that contravene the applicable law of the state in which the breach of law takes place. In particular, he must ensure during the use of the contractual service or domain that
- he content retrievable using the domain carries a provider ID if it concerns teleservices or media services;
- no unsolicited e-mails are sent to a large number of recipients using an e-mail address that corresponds to the contractual domain;
31. Domain Disputes / UDRP Procedure
- Indispensable requirement for the registration of domain names is that the customer acknowledges the Uniform Dispute Resolution Procedure (UDRP-Procedure) in the event of domain disputes, located at:
and all other relevant dispute resolutions on:
The agreements between Realtime Register and the Registrar, as well as those of the Registrar with ICANN and with the registries responsible for allocating the domains, require an agreement on this procedure with the customer. The procedure may be subject to change during the term of the contract.
- The customer declares his agreement to the application of the UDRP procedure in the event of disputes involving a situation where a third party approaches Realtime Register or the Registrar claiming that the registration or use of the domain prejudices his rights.
- The major principles of the procedure are outlined below. By means of the Uniform Dispute Resolution Policy (UDRP) that is only available in the English language, ICANN, as administrator responsible for the organisation of the "Domain Name System", provides a procedure that can be used to settle disputes about rights to a certain domain. Trademark holders can apply for transfer to themselves of domains identical to or able to be confused with their trademarks against persons that have registered such domains for themselves. The arbitration body shall, however, only allow such an application, firstly if the present domain owner has no rights of his own to the name (e.g. if he himself does not hold trademarks or neither he nor his company bears this name) and, secondly, if both registration and the use of the domain have taken place with malicious intent. Such intent is presumed e.g. if the domain owner has only registered the domain for the purpose of selling it to the trademark holder and later offers it for sale to the trademark holder or he has it registered expressly for the purpose of exploiting the trademark for his own economic purposes and uses it accordingly.
- In the arbitration proceedings, the trademark holder must show evidence of his own legal position and demonstrate why the current domain owner has no rights of his own to the domain and what form the malicious intent takes in his registration and use. The domain owner is given an opportunity during the proceedings to outline his own legal position. Under the rules of the UDRP, he is allowed a period of 20 days after notification of the proceedings by the UDRP Provider in order to do so. Under the UDRP rules, the language to be used is always that in which the registration agreement has been made, unless the arbitration body holds a different rule to be more appropriate or the parties have agreed on different language.
- The arbitration body normally decides on the basis of the written statements submitted to it whether or not it considers that the claim of the trademark holder is justified. If it comes to the conclusion that the domain name is to be transferred to the claimant, a period of 10 working days is allowed in which the unsuccessful domain owner can take the matter to court. If this takes place, the decision of the arbitration body is not implemented, the previous domain owner remains owner of the domain. If no court is seized, the responsible Registrar implements the decision of the arbitration body on the expiry of this period, i.e. the domain is transferred to the successful trademark holder.
- The arbitration proceedings can be applied for from any UDRP Provider admitted by ICANN (see also the list in http://www.icann.org/udrp/approved-providers.htm ). As soon as the arbitration proceedings have been applied for, and for the entire duration of these proceedings and for a period of 15 working days after a decision of the arbitration body, the transfer of the domain to third parties is only admissible and possible subject to their agreement to be bound by the decision of the arbitration body. The same applies in the event that court proceedings are instituted with regard to the rights to the domain during the arbitration proceedings or within the period of 15 working days after receipt of the decision of the arbitration body until a final and non-appealable court decision.
32. Registered domain name holders
- Registered domain name holders are required to:
- consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6;
- Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP"); and
- Immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name.
- Realtime Register requires a Registered Name Holder to indemnify, defend and hold harmless the complete list of Registry Operators in Appendix - Indemnification, without limitation ; and their respective subsidiaries and affiliates subcontractors, shareholders, directors, officers, employees, agents of each of them from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to
- the Registered Name Holder's domain name registration,
- any breach by the Registered Name Holder of this Agreement, including the Dispute Policy, or
- any third party claim, action, or demand related to the Registered Name Holder's domain name or the use thereof. This indemnification obligation survives the termination or expiration of the registration agreement.
- This indemnification obligation survives the termination or expiration of the registration agreement.
34. Exemption from Liability
- If third parties take action against Realtime Register based on legal infringements claimed against the customer or third parties in connection with the contractual service, the customer is obliged to indemnify Realtime Register, its employees, the Registrar and the relevant Registry Operator (including Verisign Inc.and ICANN) and the natural persons affected against any damages if he is responsible for the underlying breach or is subject to a restrictive covenant. This includes the costs of reasonable legal action and expenses.
35. Prices, Payments, Default in Payment
- The prices published on the website of Realtime Register at the time of conclusion of the contract apply.
- If the customer prematurely transfers the domain to another provider/registrar or the contractual relations are terminated for other reasons for which the customer is responsible, there is no refund of any payments already made. Also invoices that are already established or not paid for, remain undiminished effective.
- For all domain name registration services;
- the payments to be made by the customer must be made exclusively in advance and by credit card, or invoice and bank transfer.
- the customer is notified of his payment duty 30 days prior to the extension of the domain. If timely payment has not been made before the expiry date of the relevant contractual period, Realtime Register is entitled to arrange for the deletion of the domain.
- if the customer fails to meet his payment obligations in spite of receiving a reminder specifying a final deadline for performance, or if Realtime Register is notified of or sent a charge-back notice by the credit card company or other authorised agent, Realtime Register is entitled to proceed in accordance with previous point.
36. Secrecy / Data Protection
- The customer is aware and agrees that his personal details, and all details required for domain name registration by Realtime Register, recorded in the course of the registration process will be stored by Realtime Register and passed on to the Registrar and to the Registry. Furthermore, the data shall be published in the WHOIS database of the Registrar, in the Registry and in the WHOIS databases operated by Realtime Register or third parties.
- Realtime Register gives an assurance that the data recorded shall not be used for purposes other than those purposes notified to the customer in the course of domain registration. In particular, the data recorded may not be provided to third parties for advertising purposes.
- Realtime Register undertakes measures of a technical and organisational nature to prevent unauthorised access to data or their being published, changed or destroyed by third parties. Similarly the parties recognise that absolute data security cannot be guaranteed.
- Realtime Register has unlimited liability at all times for intent and gross negligence.
- Liability for simple negligence is excluded unless it concerns the breach of essential contractual duties or collateral duties of major contractual importance (cardinal duties). In the event of the aforementioned, simply negligent breach of cardinal duties, liability is limited to the amount of the typically foreseeable damages.
In addition to the General Provisions in these General Terms and Conditions, the provisions set forth in this Chapter "Computer Services" shall apply if Realtime Register provides services in the area of computer services, including automated processing of data using software and equipment managed by Realtime Register.
38. Performance of the work
- Realtime Register shall only provide the computer services at the customer's instruction. If Realtime Register provides computer services pursuant to an authorised order from a government body regarding information of the customer or its employees, all related expenses shall be charged to the customer. Realtime Register shall provide the computer services with due care in accordance with the procedures and agreements recorded in writing with the customer.
- >All data to be processed by Realtime Register shall be prepared and delivered by the customer in accordance with the conditions to be stated by Realtime Register. The customer shall bring the data to be processed to and pick up the results of the processing at the location where Realtime Register performs the computer services. Transport and transmission, in whatever manner, shall occur at the customer's expense and risk, even if they have been carried out or arranged by Realtime Register.
- The customer warrants that all materials, data, software, procedures and instructions provided by it to Realtime Register to perform the computer services shall always be correct and complete and that all data carriers furnished to Realtime Register shall meet Realtime Register's specifications.
- All equipment, software and other objects used by Realtime Register for the computer services shall remain Realtime Register's property or the subject of Realtime Register's intellectual and industrial property, even if the customer pays a fee for Realtime Register to develop or acquire them. Realtime Register may maintain possession of the products and data received from the customer and the results generated from the processing until the customer has paid all amounts owed to Realtime Register.
- Realtime Register may modify the substance or scope of the computer services. If such modifications result in a change in the procedures applicable at the customer's, Realtime Register shall inform the customer as soon as possible and the customer shall be responsible for the costs of this change. The customer may terminate the Agreement in that case by providing written notice no later than the date on which the modification becomes effective, unless this modification relates to changes in relevant legislation or other rules provided by competent authorities or Realtime Register assumes the costs of this modification.
- Realtime Register shall, to the best of its ability, do its utmost to ensure that the software used by it to perform the computer services is adapted in a timely manner to amendments in the Dutch laws and regulations observed by it in connection with its services. Upon request, Realtime Register shall advise the customer at its usual rates with regard to the effects of these adaptations for the customer.
39. Security, privacy and retention periods
- Realtime Register shall comply with the statutory obligations which it has as a processor concerning its processing personal data. Realtime Register shall provide appropriate technical and organisational measures to protect personal and other data against loss or against any form of unlawful processing.
- The customer warrants that all statutory provisions concerning processing personal data, including provisions in or under the Personal Data Protection Act, have been strictly observed and that all prescribed registrations have been carried out and all required consents to process personal data have been obtained. The customer shall provide Realtime Register immediately in writing with all requested information in this respect.
- The customer shall indemnify Realtime Register against all third-party claims which may be filed against Realtime Register because of a violation of the Personal Data Protection Act and/or other laws concerning processing personal data which is not imputable to Realtime Register.
- The customer shall indemnify Realtime Register against all claims of third parties, including government bodies, which may be filed against Realtime Register because of a violation of the laws concerning the statutory retention periods.
- Realtime Register shall not be responsible for checking the accuracy and completeness of the results of the computer services. The customer shall check these results itself after receiving them. Realtime Register does not warrant that the computer services shall be provided without errors or without interruptions. If defects in the results of the computer services are a direct consequence of products, software, data carriers, procedures or operating actions for which Realtime Register is expressly responsible under the Agreement, Realtime Register shall repeat the computer services in order to fix these imperfections to the best of its ability, provided the customer notifies Realtime Register of these imperfections in writing and in detail as soon as possible, but no later than within one week after receiving the results of the computer services. Repetition shall only be done free of charge if the defects in the computer services are imputable to Realtime Register. If the defects cannot be imputed to Realtime Register and/or are the result of errors or imperfections on the customer's part, such as providing incorrect or incomplete information, Realtime Register shall charge the costs of any repetition to the customer according to its usual rates. If fixing the defects imputable to Realtime Register is not technically or reasonably possible, Realtime Register shall credit the amounts owed by the customer for the computer services concerned, without further or otherwise being liable to the customer. The customer shall not have any other rights because of defects in the computer services besides those described in these guarantee provisions.
In addition to the General Provisions in these General Terms and Conditions, the provisions set forth in this Chapter "resellers" shall apply if the customer acts as reseller by legally providing services in one of the area's of Realtime Register's services.
- The reseller acting for his Customer fully agreed to the terms and conditions of Realtime Register. The reseller also agrees to act according the terms and conditions of Realtime Register valid by the time a contractual relationships takes affect between the Reseller and his Customer.
- The reseller is obliged to include the conditions of the terms and conditions of Realtime Register into the agreements between the reseller and his Customers., especially conditions in the Chapter "Domain Names" and all appendixes concerning Domain Names at the beginning of this document.
- The responsibility of a Customer for his domain remains unaffected.
- The reseller is obligated to inform his Customer about all concerns of his domain, and to take all necessary actions on behalf of his Customer.
- Realtime Register reserves the right to contact a Customer for approval before a modification or addition of domain data.
- The reseller is committed to include in her own Terms and Conditoins, that the Reseller (acting as Supplier for her Clients/Registrants) is authorised from name of Registrant to sign for registrations, transfers, raising domain names and to modify any data concerning domain names, as also determined in chapter "Domain Names" of these Terms and Conditions. These rules also apply for any other products or services that are provided by Realtime Register.
- If the Reseller applies for domain names for which a Domicile address is required (i.e. .NL and .DE domain names), the Reseller is supposed to provide such an address. If the Reseller can't meet this requirement the Domicile address of Realtime Register will be used (by default).
- The reseller is obliged to have an authorised order from its Client, in order to be allowed to act in the name of its Client (for example by logfiles of an online password check ). Each order by the reseller for it s Client must be clear and provable!
- The Reseller remains fully responsible for all financial consequences, resulting from any order, and for any other financial consequences resulting from these Terms and Conditions.
- Refunds for credits which are not used in the prepayment system of Realtime Register are only possible against the highest discount factor.