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21.30) Domain Names

March 18, 2017, Written by 0 comment
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21.30 .be Domain Name Licence Terms

21.31 .eu Domain Name Licence Terms
21.32 .it Domain Name License Terms
21.33 .fr Domain Name License Terms

21.34 .ae Specific terms

21.35 .pl Domain Name License Terms
21.36 .ua Domain Name License Terms

21.37 .hk Specific Terms


21.30 .be Domain Name Licence Terms

The following clause (21.30) applies specifically to .be domain names.

Forecast IT does not operate any part of the domain name systems, or grant licensing for domain names. Forecast IT FZ-LLC is the registrar for .be domain names.

21.30.1 Acceptable domain names

DNS BE will not accept the following domain names for registration:

  • Names that are already registered (“first come, first served” -principle), names in quarantine, names that are put “out-of-support” or on hold.
  • Names that consist of characters other than “a-z”, “A-Z”, “0-9” and “-“, or that start or end with “-” (as recommended in RFC 1035, published on the web site of DNS BE).
  • Names of less than two (2) or more than sixty-three (63) characters.
  • Names with “-” on the third and the fourth position.

Names will be registered for the person whose application is completed first, notwithstanding earlier applications for those names that are not yet complete. An application is complete when it is received by the DNS BE computer system (not when it was sent), and when it contains all the data required by DNS BE.

The refusal to register a domain name does not create any rights (priority rights or other) for the applicant. The applicant may file a new application, in competition with anybody else, if that name later becomes available to the public.

21.30.2 Right of use

  1. After the registrar completes the registration process and pays the registration fees, registrant is granted the exclusive right to use the domain name applied for.
  2. The right of use is valid for one year and is renewable as far as the registration fee has been settled.
  3. A domain name is put on hold if DNS BE is notified that legal proceedings, whether within or outside the scope of a court of law, are in progress over that name. A domain name that is on hold cannot be transferred or deleted, nor can the details of registrant be modified. Registrant can, however, still use his domain name.
  4. DNS BE may terminate the registration if registrant breaches any of the terms and conditions of the domain name registration. In case of a breach of the terms and conditions, DNS BE can send a reminder by e-mail to both the registrar and registrant informing them that the registration will be terminated if the breach is not remedied within 14 days.
  5. After termination of the registration for reasons outside the scope of item d) of this article, the concerned domain name shall be placed in quarantine for forty (40) days. During this period the registrar can restore the domain name to its original status at the request of registrant provided that a reactivation fee is paid. At the end of this period the concerned domain name can be made available again for registration provided that it has not been reactivated.
  6. A domain name is labelled “out-of-support” in case the registrar contract with DNS BE is terminated and DNS BE has asked registrants to find a new registrar.

21.30.3 Fees and payment

  1. Registrant is aware that the registrar acting on his behalf must pay the initial registration fee and the renewal fee according to the agreement between the registrar and DNS BE.
  2. The registrar has access to the computer system of DNS BE in order to verify the status and expiration date of the domain names that he manages. The registrar is responsible for the timely information of registrant that the registration of his domain names is due to be renewed.
  3. DNS BE is not responsible for the registrar’s non-payment of registration or renewal fees, which may result in the non-registration or cancellation of a domain name (even if registrant has paid the registrar).

21.30.4 Obligation to have a working e-mail address

Registrant must have a working e-mail address, which is inserted in the DNS BE data base. DNS BE and registrant must use this e-mail address for official communication between them, and registrant must keep the address up-to-date through his registrar. If the e-mail address is not kept up-to-date, registrant is in breach of these terms and conditions and DNS BE may terminate the registration as provided in article 3 above.

21.30.5 Agreement between domain name holder and registrar

  1. The registration and renewal process with DNS BE can only be conducted by registrant through an authorised registrar, who is acting on behalf of registrant but for its own account. DNS BE must make available on its web site a list of the authorised registrars, and a copy of the typical agreement between DNS BE and the registrar. DNS BE is not a party to the agreement between registrant and his registrar incurs no obligation or liability from that agreement.
  2. If a registrar is no longer an authorised registrar because the agreement with DNS BE is terminated, DNS BE must send an e-mail to registrants informing them that their domain name is put “out-of-support” and asking them to appoint another registrar within one month. If registrant does not appoint another registrar within one month, the registration agreement between DNS BE and registrant will be terminated at the end of its term with no possibility of renewal. Registrant’s domain name will remain “out-of-support” until the later of three months after DNS BE sent the notice-mail to registrant, or two months after the registration was terminated. While the domain name is “out-of-support” registrant may appoint another registrar who may send a request, including its reasons, to DNS BE to become the new registrar of registrant and restore the registration if terminated.
  3. If a domain name holder terminates the agreement with his registrar, he must at the same time designate a new registrar who must inform DNS BE of the proposed change of registrar. After the reception of the transfer request made by the new registrar, DNS BE will inform registrant of the proposed change by e-mail. This e-mail will contain a code which will permit registrant to confirm or to reject the transfer via the website of DNS BE. Registrant must bring in his confirmation or rejection via the website of DNS BE within 7 days following the e-mail from DNS BE. If registrant does not respond within 7 days, DNS BE must send a reminder by e-mail to the new registrar informing him that the transfer will only take effect if registrant confirms the change to DNS BE by a duly undersigned fax message within 7 days following the reminder by e-mail. In absence of confirmation within 7 days, the initiated transfer will be cancelled.
  4. When a domain name holder wants to transfer a domain name to a third party, the latter must ask his registrar to start the procedure described in item c) of this article with the exception that registrant and the third party must confirm the proposed change via the website or fax.
  5. The successful execution of the procedures described in items c) and d) of this article means that a new registration period is started for the concerned domain names and implies payment of the original registration fee as specified in article 32.5 a). No reimbursement of fees paid for the initial registration period shall be made.

21.30.6 Privacy policy

  1. Registrant authorises DNS BE to process personal and other data required to operate the “.be” domain name system. DNS BE shall only use these data within the framework of the management of the .be domain name zone and related services. DNS BE may only transfer these data to third parties if ordered to do so by the public authorities (local or national, judicial or administrative), upon demand of the dispute resolution entity mentioned in article 32.9 or as provided in paragraph (c) of this article. Registrant has the right to access his personal data and to arrange for it to be amended, where errors exist.
  2. Registrant must keep DNS BE immediately informed through the registrar of any change in name, address, e-mail address, telephone and fax numbers. An omission or delay in informing DNS BE of such changes may result in the termination of the registration.
  3. Registrant authorises DNS BE to make the following personal data accessible on its website (through the so called WHOIS-search facility) – along with some other technical data – to guarantee the transparency of the domain name system towards the public:
    • name, address and telephone and fax number of domain name holder;
    • date of registration and status of the domain name;
    • e-mail address of domain name holder;
    • language chosen for the dispute resolution set out in article 10.

Registrant also authorises DNS BE to transfer these data to third parties within the scope of domain name information or monitoring services.

In exception to the two previous paragraphs, the name, address, telephone and fax numbers of registrant will not be accessible on the website (through WHOIS search facility) nor be transferred to third parties if registrant is a private person.

Third parties that want to know the personal data of a private domain name holder and that have legitimate reasons for such a disclosure, can send a motivated request to DNS BE. DNS BE will evaluate the invoked legitimacy for the disclosure and take a decision whether or not to communicate the requested data.

21.30.7 Representations and warranties

  1. Registrant represents and warrants that:
    1. all statements made during the registration process and the term of the registration are complete and accurate;
    2. registering the domain name will not infringe or otherwise violate the rights of a third party;
    3. the domain name is not registered for an unlawful purpose;
    4. the domain name is not used in violation of any applicable laws or regulations, such as a name that helps to discriminate on the basis of race, language, sex, religion or political view;
    5. the domain name is not contrary to public order or morality (e.g. obscene or offensive names);
  2. DNS BE is not liable for any damage, including direct or indirect damage, consequential damage and loss of profits, whether in contract, tort (including negligence), or otherwise, resulting from or related to the registration or use of a domain name or to the use of its software or web site, even if DNS BE has been advised of the possibility of such damage, e.g. regarding:
    1. registration or renewal (or the default of registration or renewal) of a domain name in favour of a domain name holder or a third party due to an error concerning their identity;
    2. termination of DNS BE’s authority to register domain names in the “.be” domain;
    3. rights that third parties claim to domain names;
    4. technical problems or faults;
    5. acts or omissions of the registrars regarding the application, registration or renewal of domain names which may result in the non-registration or cancellation of a domain name.

DNS BE will use its best efforts to provide its services according to the “best practices” standards adopted and approved in national or international context.

Registrant must indemnify DNS BE against any claim (and the resulting costs, including attorneys’ fees) originating from the use or registration of a domain name that infringes the rights of a third party.

Disputes between DNS BE and registrant must be brought before the courts of Brussels who will have exclusive jurisdiction, and must be governed and interpreted in accordance with the laws of Belgium, unless the registrant has the legal right to bring the dispute before another court or to have it governed in accordance to other law.

21.30.8 Change of terms and conditions

  1. The rules of the domain name registration procedure are dynamic and subject to change.
  2. If DNS BE decides to change its rules, it will make the new rules available to the public by posting them on its web site at least thirty (30) days before the new rules take effect. Each registration procedure will be handled according to the rules in effect on the date the application is complete.
  3. As a deviation of the previous rule, DNS BE can modify the technical registration rules of article 2 without the application of the mentioned minimum delay of thirty (30) days. Such modifications will take effect from the moment of their announcement on the website of DNS BE. DNS BE can only make use of this specific procedure as far as those modifications seem justified within the national or international technical context and as far as they are intended to prevent registrations of speculative nature.
  4. DNS BE will not personally inform domain name holders, whose domain names have been rejected in the past, that new rules apply, even if the rejected names would be allowed under the new rules.

21.30.9 Dispute resolution policy

    1. Dispute resolution.

Registrant must submit the type of disputes set out below to alternative dispute resolution proceedings and accepts in this regard the competence of an accredited Dispute Resolution Entity. Registrant accepts that those proceedings must be conducted before one of the accredited Dispute Resolution Entities listed at the web site of DNS BE. The procedure will be conducted in the language chosen by registrant during his application. Every dispute will be governed by the dispute resolution policy applicable when the complaint is filed.

    1. Applicable disputes.
      1. Registrant must submit a dispute to alternative dispute resolution proceedings if a third party (a “Complainant”) asserts to the Dispute Resolution Entity, in compliance with the rules of procedure, and proves that:
        • registrant’s domain name is identical or confusingly similar to a trademark, a trade name, a social name or corporation name, a geographical designation, a name of origin, a designation of source, a personal name or name of a geographical entity in which the Complainant has rights; and
        • registrant has no rights or legitimate interests in the domain name; and
        • registrant’s domain name has been registered or is being used in bad faith.
      2. The evidence of such in bad faith registration or use of a domain name can inter alia be demonstrated by the following circumstances:
        • circumstances indicating that the domain name was registered or acquired primarily for the purpose of selling, renting, or otherwise transferring the domain name to the Complainant who is the owner of the trademark, trade name, social name or corporation name, geographical designation, name of origin, designation of source, personal name or name of the geographical entity, or to a competitor of that Complainant, for valuable consideration in excess of the costs directly related to the domain name; or
        • the domain name was registered in order to prevent the owner of a trademark, a trade name, a social name or corporation name, a geographical designation, a name of origin, a designation of source, a personal name or a name of a geographical entity from reflecting this name in a corresponding domain name, provided that registrant has engaged in a pattern of such conduct; or
        • the domain name was registered primarily for the purpose of disrupting the business of a competitor; or
        • the domain name was intentionally used to attract, for commercial gain, Internet users to registrant’s web site or other on-line location, by creating a likelihood of confusion with the Complainant’s trademark, trade name, social name or corporation name, geographical designation, name of origin, designation of source, personal name or name of a geographical entity as to the source, sponsorship, affiliation, or endorsement of registrant’s web site or location or of a product or service on his web site or location.
        • registrant registers one or more personal names without the existence of a demonstrable link between registrant and the registered domain names.
      3. If a complaint is filed, registrant can demonstrate his rights or legitimate interests to the domain name by the following circumstances:
        • prior to any notice of the dispute, registrant used the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services or made demonstrable preparations for such use; or
        • registrant (as an individual, business, or other organization) has been commonly known by the domain name, even if he has acquired no trademark; or
        • registrant is making a legitimate and non-commercial or fair use of the domain name, without intent for commercial gain to misleadingly divert registrants or to tarnish the trademark, trade name, social name or corporation name, geographical designation, name of origin, designation of source, personal name or name of the geographical entity at issue.
    2. Rules of procedure.

The rules of procedure of the Dispute Resolution Entity state how to initiate and conduct the proceedings, which delays apply and how to appoint the Third-party Decider that will decide the dispute.

The rules of procedure also determine the fees that the Complainant must pay.

The Dispute Resolution Entity publishes the rules of procedure on its web site.

    1. Non-intervention of DNS BE.

DNS BE does not, and will not, participate in the administration or conduct of any proceedings before a Third-party Decider. Neither DNS BE, the Dispute Resolution Entity or the Third-party Decider will be liable as a result of any fault made in the dispute resolution process, except for intentional faults.

    1. Remedies.

The remedies available to a Complainant under any proceedings before the Third-party Decider are limited to requiring the cancellation of the domain name registration or the transfer of the domain name to the Complainant.

    1. Notification and publication.

The Dispute Resolution Entity must publish all decisions under this dispute resolution policy on the Internet during a reasonable term. DNS BE must also be informed of these decisions. If registrant is involved in other legal procedures concerning his/her domain name, he/she must inform DNS BE of the final decision(s). DNS BE may decide to publish the decisions referred to in the present article.

    1. Courts of competent jurisdiction.

The submission to the alternative dispute resolution procedures does not prevent either registrant or the Complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before, during or after those proceedings. If a Third-party Decider decides that the domain name registration should be cancelled or transferred, DNS BE will implement that decision 15 days after being informed of the Third-party Decider’s decision except if registrant has started the appeal procedure of the dispute resolution in due time If the appeal procedure was started in time, DNS BE will not take further action (whilst leaving the domain name on hold) until the appeal procedure has ended or has been cancelled.

    1. Other disputes

All other disputes between registrant and any party other than DNS BE over the domain name registration that are not brought under the alternative dispute resolution procedures must be resolved through any court proceedings, arbitration or other available proceedings.

    1. Defences.

DNS BE will not participate in any dispute between registrant and any party other than DNS BE over the registration and use of the domain name, neither in the alternative dispute resolution proceedings, nor in any other proceedings. Registrant must not name DNS BE as a party or otherwise include it in any such proceedings. If DNS BE is named as a party in any such proceedings, it reserves the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend itself.

    1. Domain name on hold.

As soon as a request for alternative dispute resolution is properly filed with the Dispute Resolution Entity and the appropriate fee is paid, the Dispute Resolution Entity must inform DNS BE of the identity of the Complainant and the domain name involved. DNS BE must immediately put the domain name involved “on hold”, under article 32.4 of these terms and conditions. The domain name remains on hold until the end of the proceedings set out in paragraph (g).

    1. Costs of dispute resolution.

The dispute resolution fee is payable by the Complainant. However, if the Third-party Decider concludes that the domain name registration needs to be struck out or transferred, DNS BE shall repay the total of these costs to the Complainant and reclaim the thus repaid costs from registrant. Upon DNS BE’s first request, registrant shall reimburse the repaid amounts. Registrant shall not have a right of recourse against DNS BE, the Dispute Resolution Entity, the Third-party Decider or the Complainant for the thus suffered financial loss. The potential financial loss for registrant is the risk that the latter took for the speculative registration of domain names on which third parties have rights.

The repayment provision specified in the previous paragraph does not apply to the appeal procedure of the dispute resolution. The costs of the appeal procedure are payable by the party that instituted this procedure.

The costs mentioned in this article only refer to the administrative costs of the dispute resolution as stipulated in article 10 and do not include any costs or fees for legal advice of the parties.

21.30.10 Severability clause

If one or more clauses of these terms and conditions are found to be invalid, unenforceable or illegal, the other clauses of the terms and conditions will nevertheless remain in full force. DNS BE and registrant also agree to replace the invalid, unenforceable or illegal clause with a valid, enforceable and legal clause preserving the economic aims and maintaining the spirit of the clause so replaced.

21.31 .eu Domain Name Licence Terms

The following clause (21.31) applies specifically to .eu domain names.

Your application for a .eu domain name license implies understanding and agreement to all policies held by us, the Registry Operator and related bodies, particularly but not limited to:

Your application also implies understanding and agreement of Eurid (eurid.eu) and .EU Code of Conduct (https://eurid.eu/media/filer_public/8e/71/8e71a807-0ba4-429f-8ce2-189b939c0fd8/rules_proc_en.pdf) policies and procedures.

Forecast IT does not operate any part of the domain name systems, or grant licensing for domain names. Forecast IT FZ-LLC is the registrar for .eu domain names.

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.32 .it Domain Name License Terms

The following clause (21.32) applies specifically to .it domain names.

Your application for a .it domain name license implies understanding and agreement to all policies held by us, the Registry Operator and related bodies, particularly but not limited to:

Your application also implies explicit understanding and agreement of eligibility criteria specified in the above documentation.

Forecast IT does not operate any part of the domain name systems, or grant licensing for domain names. Forecast IT FZ-LLC is the registrar for .it domain names.

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.33 .fr Domain Name License Terms

The following clause (21.33) applies specifically to .fr domain names.

Your application for a .fr domain name license implies understanding and agreement to all policies held by us, the Registry Operator and related bodies, particularly but not limited to:

Your application also implies explicit understanding and agreement of eligibility criteria specified in the above documentation.

Forecast IT does not operate any part of the domain name systems, or grant licensing for domain names. Forecast IT FZ-LLC is the registrar for .fr domain names.

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.34 .ae Specific terms

The following clause (21.34) applies specifically to .ae domain names.

.ae domain names are governed by ae DA. The following policies and procedures apply to all .ae domain name registrations. Further information can be found on ae DA’s website.

The Registrar agrees and covenants to act as an agent for the .aeDA for the sole purpose, but only to the extent necessary, to enable the .aeDA to receive the benefit of rights and covenants conferred to them under this Registrant Agreement.

In this clause, ae DA Published Policies means those specifications and policies established and published by ae DA from time to time at http://www.aeda.ae.

Forecast IT does not operate any part of the domain name systems, or grant licensing for domain names. This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.34.1 .ae Domain name license registration

A Domain Name Application must be in the form prescribed under the .ae DA Policies. The Domain Name must comply with the .ae DA Policies.

The Registrar and the Registrant do not have any proprietary right arising from:

  • the Registered Name; or
  • the entry of a Domain Name in the Registry Database.

All personal information pertaining to the Registrant is held by the .aeDA for the benefit of the public of the UAE.

Your application for a Domain Name must be in the form prescribed under the Published Policies. The Domain Name must comply with the Published Policies.

You accept that even if we have accepted and approved your Domain Name application, the application may still be rejected by the Registry Operator in performing its final integrity checks.

You accept that neither you, nor we, have any proprietary right arising from the registered Domain Name, or the entry of a Domain Name in the domain names registry.

All personal information pertaining to you are held by aeDA for the benefit of the Australian public.

21.34.2 .ae Domain name license

Your Domain Name license will be effective for a two year period, once:

  • Your application is accepted and approved by us and by the Registry Operator
  • You have paid the applicable fees
  • Unless it is cancelled earlier under the terms of this document or under any Published Policies

Your Domain Name license may be renewed every two years, as long as you:

  • Pay the applicable renewal fees.
  • Continue to meet the eligibility criteria prescribed in the Published Policies.

You accept that it is your responsibility to ensure that your Domain Name license is renewed.

You may cancel your Domain Name license at any time by notifying us in writing.

We may cancel your Domain Name license if you breach any provision of this document. We reserve the right to hold payment and deny refund or account credit.

21.34.3 Your statement to us and ae DA

You confirm and state to us and to ae DA separately that:

  • You grant to:
    • the .ae DA, the right to publicly disclose to third parties, all information relating to the Registered Names in accordance with the .ae DA Policies which are available on the .ae DA’s website;
    • the Registrar, the right to disclose to the .aeDA Registry, all information which is reasonably required by the .ae DA registry in order to Register the Domain Name in the Registry; and
    • the .ae DA Registry, the right to publicly disclose to third parties, all information relating to the Registered Name to enable the .ae DA Registry to maintain a public WhoIs service, provided that such disclosure is consistent with all relevant .ae DA Policies.
  • All the information set out in your Domain Name application, and all information you give us, are true, complete and correct, and are not misleading or deceptive, and your application is made in good faith.
  • You meet, and continue to meet, for the duration of the Domain Name license, the eligibility criteria prescribed in the Published Policies for registering the Domain Name.
  • You have not previously submitted an application for registration with another registrar, a domain name which is the same as the Domain Name, in circumstances where:
  • You are relying upon the same eligibility criteria for both domain names.
  • The Domain Name has previously been rejected by the other registrar

You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading, then either we or aeDA may cancel your Domain Name license.

You agree to indemnify us and aeDA separately for any loss or damage suffered by us or aeDA as a result of any of us relying upon your above statements.

21.34.4 Our obligations to you

Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.

Forecast IT FZ-LLC will give you immediate notice if:

  • Forecast IT FZ-LLC is no longer an accredited registrar.
  • Forecast IT FZ-LLC’s aeDA Accreditation is suspended or terminated.
  • Forecast IT FZ-LLC’s Registry-Registrar Agreement with is terminated by aeDA

ae DA may post notice of:

  • The fact that Forecast IT FZ-LLC is no longer an accredited registrar.
  • The suspension or termination of Forecast IT FZ-LLC’s aeDA Accreditation.
  • The termination of Forecast IT FZ-LLC’s Registry-Registrar Agreement with aeDA,

On its web site, and may, if it considers appropriate, give such written notice specifically to you.

21.34.5 Your obligations to us

You must comply with the Published Policies, as if they were incorporated into, and form part of, this document. In the event of any inconsistency between any Published Policy and this document, then the Published Policy will prevail to the extent of any such inconsistencies between this Agreement and the Published Policy.

You acknowledge that under the Published Policy:

  • There are mandatory terms and conditions that apply to all domain names licenses, and such terms and conditions are incorporated into, and form part of, this document
  • You are bound by, and must submit to, the .ae Dispute Resolution Policy (aeDRP)
  • aeDA may delete or cancel the registration of a .ae domain name

Throughout the period of your Domain Name license, you must:

  • comply with the aeDA Policies; and;
  • give notice to the aeDA Registry (through us), of any change to any information in the Registrant Data.

You must not, directly, indirectly, through Registation or use of its Domain Name or otherwise:

  • Register a Domain Name for the purpose of diverting trade from another business or web site;
  • Deliberately Register misspellings of another entity’s company or brand name in order to trade on the reputation of another entity’s goodwill; and
  • Register a Domain Name and then passively hold a Domain Name License for the purpose of preventing another Registrant from Registering it.

You must not in any way:

  • Transfer or purport to transfer a proprietary right in any Domain Name Registration;
  • Grant or purport to grant a Registered Domain Name as security; or
  • Encumber or purport to encumber a Domain Name Registration.

You will, immediately upon being requested to do so, enter into Domain Name License with .aeDA.

21.34.6 Use of your information

You grant to:

  • ae DA, the right to publicly disclose to third parties, all information relation to the registered Domain Name in accordance with the aeDA’s Published Policies available on .aeDA’s website;
  • us, the right to disclose to .ae DA, all information which are reasonably required by the .ae DA Registry in order to register the Domain Name in the registry
  • the .ae DA Registry, the right to publicly disclose to third parties, all information relation to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service, provided that such disclosure is consistent with the Published Policies.

21.34.7 Dispute resolution

ae DA has in place a dispute resolution called the aeDRP (.ae Dispute Resolution Policy) between the Registrant and a third party, in relation to entitlements to the Registered Domain Name the subject of this Agreement. The parties agree that the aeDRP binds the Registrar and the Registrant as if it we incorporated in the Registrant Agreement.

21.34.8 .ae Domain name license registrar transfer

We will ensure that you can easily transfer sponsorship of your Domain Name registration to another registrar in accordance with the Published Policies. The Published Policies will address such matters as:

  • The maximum fees which we can charge you for such transfer.
  • When we are not allowed to charge you fees.
  • The circumstances pursuant to which we must transfer sponsorship of the registered Domain Name.
  • The circumstances pursuant to which we are entitled not to transfer the sponsorship of registered the Domain Name

In the event that:

  • Forecast IT FZ-LLC is no longer an accredited registrar.
  • Forecast IT FZ-LCC’s aeDA Accreditation is suspended or terminated
  • Forecast IT FZ-LCC’s Registry-Registrar Agreement is terminated by aeDA, you are responsible for transferring the Registered Doman Name to a new Registrar in accordance with the .aeDA Policies within 30 Calendar Dats of written notice being provided to you by .aeDA.

In the event that our Forecast IT FZ-LCC’s Registry-Registrar Agreement with aeDA is terminated, we will not charge you any fee for the transfer of the registered Domain Name to another registrar.

21.34.9 Registrant Warranties

The Registrant Warrants that it meets, and continues to meet, the Eligibility criteria prescribed in the .aeDA Policies relating to the Registering of a Domain Name. In the event that the Registrant ceases to meet such Eligibility criteria, the Domain Name Licence may be terminated by either the Registrar or the .aeDA.

The Registrant makes the warranties set out in Registrant Warranties Policy (and any other Policy introduced in substitution, replacement or amendment to that Policy by the Registrar). The warranties include, without limitation, that all information supplied to the Registrar for the Registration of the Domain Name the subject of this Agreement is true, complete and correct. The Registrant accepts that the .aeDA or the Registrar shall cancel the Registration of the Domain Name the subject of this Agreement if any of the warranties are not true.

The Registrant Warrants that it has not previously submitted a Domain Name which is the same as the Domain Name the subject of this Agreement for Registration with another Registrar where:

  • The Registrant is relying upon the same Eligibility criteria for both Domain Names; and
  • the Domain Name has previously been rejected by the other Registrar.

21.34.10 Limitation of liabilities

You cannot pursue any claim against aeDA or against us, and to the fullest extent permitted by law, neither aeDA nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind, including but not limited to losses or damages resulting from loss of use, lost profits, loss or corruption of data, business interruption, lost business revenue or third parties damages, arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of aeDA or us, or any of aeDA’s or our employees, agents or contractors, including but not limited to any breach by us of our obligations under this document, or under Forecast IT FZ-LCC’s registrar agreement with aeDA.

You agree to indemnity, keep indemnified and hold aeDA, Forecast IT FZ-LLC and us, and aeDA’s, Forecast IT FZ-LLC’s and our employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your registration or use of the Domain Name.

You accept and agree that if we have any outstanding fees owing to aeDA, which gives aeDA a right to terminate our registrar agreement with aeDA, then aeDA may in its sole discretion terminate the registrar agreement.

You accept and agree that neither aeDA nor we are responsible for the use of any Domain Name in the domain names registry, and that aeDA is not responsible for any conflict or dispute with any actual or threatened claim against a registrar or a domain name license holder, including one relating to registered or unregistered trademark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.

Despite any other provision of this document, and to the fullest extent permitted by law, neither aeDA nor we are liable to you for consequential, indirect or special losses or damages of any kind (including without limitation, loss of profit, loss or corruption of data, business interruption or indirect loss) suffered by you as a result of any act or omission whatsoever of aeDA or us, and our respective employees, agents, or sub-contractors.

21.34.11 Our agency

We enter into this document as agent for aeDA for the sole purpose, but only to the extent necessary, to enable aeDA to receive the benefit of the rights and covenants conferred to it under this document. aeDA is an intended third party beneficiary of this document.

21.34.12 General

In this document:

  • A reference to this or other document includes the document as varied or replaced regardless of any change in the identity of the parties
  • A reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form
  • Headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this document
  • Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning

All previous agreements, statements, explanations and commitments, expressed or implied, affecting the subject matter of this document are superseded by this document and have no effect.

If a provision in this document is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary, or severed if necessary, to ensure that it is not illegal, invalid, void, voidable or unenforceable.

21.35 .pl Domain Name License Terms

The following clause (21.35) applies specifically to .pl domain names.

Your application for a .pl domain name license implies understanding and agreement to all policies held by us, the Registry Operator and related bodies, particularly but not limited to:

Your application also implies explicit understanding and agreement of eligibility criteria specified in the above documentation.

Forecast IT does not operate any part of the domain name systems, or grant licensing for domain names. Forecast IT FZ-LLC is the registrar for .pl domain names.

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.36 .ua Domain Name License Terms

The following clause (21.36) applies specifically to .ua domain names.

Your application for a .ua domain name license implies understanding and agreement to all policies held by us, the Registry Operator and related bodies, particularly but not limited to:

Your application also implies explicit understanding and agreement of eligibility criteria specified in the above documentation.

Forecast IT does not operate any part of the domain name systems, or grant licensing for domain names. Forecast IT FZ-LLC is the registrar for .pl domain names.

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.37 .hk Specific Terms

The following clause (21.37) applies specifically to .hk domain names.

21.37.1 .hk Domain Name Licence Terms

Your application for a .hk domain name license implies understanding and agreement to all policies held by us, the Registry Operator (HKDNR) and HKIRC (Hong Kong Internet Registration Corporation Limited), particularly but not limited to:

Registrant agrees to maintain up to date and correct registration information for any domain name during the entirety of its registration term. It is the registrant’s responsibility to ensure the domain name license is secured and that it is held should you wish to continue after expiry.

Dreamscape Networks FZ-LLC does not operate any part of the domain name systems, or grant licensing for domain names. Crazy Domains FZ-LLC is the registrar for .cn domain names. Dreamscape Networks FZ-LLC is a reseller of Crazy Domains FZ-LLC in this respect. The actions of Crazy Domains FZ-LLC are independently run beyond our control.

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.37.2 .hk Domain Name Mandatory Provisions

21.37.2.1 Domain Name Services

The Registrant shall at all times comply with all prevailing requirements prescribed by HKIRC in connection with any of the .hk or .香港 domain name (the “Domain Name”), and shall only request the Registrar Services in the form and manner prescribed by HKIRC from time to time.

In registering a Domain Name, the Registrant acknowledges and agrees that neither HKIRC nor Crazy Domains FZ-LLC (the “Registrar”) has made any determination with respect to the legality of the Domain Name registration or its use.

The Registrant acknowledges and agrees that the Registrar shall monitor the status of Domain Names registered through the Registrar and shall, at its own initiative or on receipt of complaint, conduct checks to verify whether a Domain Name is being used in connection with phishing or “spam” advertising. The Registrar shall delete or suspend a Domain Name if so directed by HKIRC. HKIRC may issue such a direction on receipt of any notice from any government or law enforcement authority (including without limitation the Hong Kong Police Force or the Office of Telecommunications Authority) that the use of the Domain Name is in breach of any laws, directives, guidelines, codes of practice or regulations issued by such local authorities, or if, in HKIRC’s reasonable belief, the continuation of registration of the Domain Name or the operation of web site referenced by the Domain Name is likely to damage or adversely affect the goodwill, reputation and operation of HKIRC or the domain name industry in Hong Kong, or may expose HKIRC to risks of third party claims or civil or criminal prosecution.

21.37.2.2 Publication Of Registrant Personal Data

The Registrant acknowledges and agrees that HKIRC is entitled to publicly disclose to third parties all personal data and information relating to the registered Domain Name in order to enable HKIRC to maintain a public WHOIS service, provided that such disclosure is consistent with:

  • the Personal Data (Privacy) Ordinance; and
  • the Published Policies of HKIRC; and
  • this Registration Agreement.

The Registrant grants to the Registrar the right to disclose to the HKIRC all information which is reasonably required by HKIRC in order to enter the Domain Name into the Registry.

21.37.2.3 Change Of Registrars

The Registrar shall not prevent a Registrant from changing the registrar of record, except in accordance with the Registration Policies.

The Registrar shall ensure that the Registrant can easily transfer registered Domain Names to another registrar in accordance with the Published Policies of HKIRC.

In the event that:

  • the Registrar is no longer a registrar; or
  • the Registrar’s HKIRC Accreditation is suspended or terminated; or
  • the Registrar Agreement is terminated by HKIRC,

the Registrar shall immediately give notice to its Registrants, and advise the Registrants that they should transfer the registered Domain Name to a new registrar.

In the event that the Registrar Agreement between HKIRC and the Registrar is terminated due to default or breach of the Registrar, the Registrar must not charge the Registrant any fee for the transfer of the registered Domain Name to another registrar. The Registrar shall take all necessary actions to preserve the rights of its Registrants.

If the Registrant of a Domain Name registered under Hong Kong Network Information Centre (“HKNIC”) Registration Agreement Version 1.x or 2.xx elects to change the Registrar from Hong Kong Domain Name Registration Company Limited (“HKDNR”) to another Registrar (“New Registrar”), the Registrant shall acknowledge and accept that the Domain Name registration will be subject to the terms and conditions of the then current registration agreement of the New Registrar. For the avoidance of doubt, if the Domain Name registration is under one of the above-mentioned agreements, the Contract Version field of the WHOIS result display for that Domain Name will display the word “Old”

The Registrant shall provide an authorization code (“Authorization Information”) to a new registrar in order to initiate the change of registrar. The Registrar can request that HKIRC provide this Authorization Information by sending it to the Registrant’s email address. The Registrar shall not, if requested to do so by a Registrant, refuse to make such a request of HKIRC.

In the event that the Registrar is no longer an HKIRC-Accredited registrar, the Domain Name held by a Registrant shall be transferred to another, HKIRC-Accredited registrar within a specified period of time. If the Registrant fails to elect a registrar and effect the transfer, HKIRC shall be entitled to transfer the Domain Name to registration with HKDNR, together with any personal data held by the previous Registrar in relation to that Registrant.

21.37.2.4 Registrant’s Other Obligations

Throughout the Term of the Registration Agreement, the Registrant must:

    • comply with the Published Policies (including but not limited to the Registration Policies, Procedures and Guidelines, Domain Name Dispute Resolution Policy and Rules of Procedure and the Registration Agreement. The Published Policies can be found on the web site of HKIRC, www.hkirc.hk;
    • give notice to HKIRC, through the Registrar, of any change to any information in the Registrant Data as soon as possible.

The Registrant shall not, directly or indirectly, through registration or use of its Domain Name or otherwise:

  • infringe or violate the legal rights of any third party; or
  • violate any applicable laws and regulations.

The Registrant acknowledges and agrees that HKIRC may collect registrant information for the purpose of HKIRC membership.

21.37.2.5 Dispute Resolution

For any Domain Name registered with the Registrant that is challenged by a third party, the dispute will be handled according to the provisions of the Domain Name Dispute Resolution Policy for .hk and .香港 Domain Names.

Any decision made by an arbitration panel duly appointed by a dispute resolution service provider shall be final and binding on the Registrant and the Registrant shall abide by such decision.

21.37.2.6 Registrant Warranties

The Registrant warrants that it meets, and continues to meet, the eligibility criteria prescribed in HKIRC’s Published Policies and this Registration Agreement for registering a Domain Name. In the event that the Registrant ceases to meet such eligibility criteria, the Domain Name registration may be terminated by either the Registrar or HKIRC.

By making an application for a Domain Name, the Registrant represents and warrants that:

  • to the best of its knowledge and belief, the Domain Name that the Registrant is applying for will not infringe or otherwise violate the legal rights of any third party;
  • the Registrant intends to use the Domain Name;
  • the Registrant’s use of the Domain Name shall be bona fide for the Registrant’s own benefit and shall be for lawful purposes;
  • the Registrant will not knowingly use the Domain Name in violation of any applicable laws and regulations;
  • all information the Registrant provides to the Registrar, including further additions or alterations to such information, is true, complete and accurate;
  • in the event that the Registrant receives notification of any claim, action or demand arising out of or related to the registration or use of the Domain Name, the Registrant will immediately send the Registrar a written notice notifying the Registrar of such claim, action or demand.

The Registrant acknowledges that the Registrar and HKIRC rely on all representations made and warranties given by the Registrant in determining if the application for a Domain Name should be approved.

21.37.2.7 HKIRC Contact Registrants

The Registrant acknowledges that HKIRC may contact the Registrant in a number of situations including, but not limited to, inviting the Registrant to join HKIRC as a member; where there has been, or will be, a change in registrar, whether voluntarily or involuntarily on the part of the Registrant, due to termination of the Registrar; for the matters in relation to the administration and service of Domain Names; inviting the Registrant to take part in a customer satisfaction survey or other survey, and introducing seminars, conferences, training, and other news related to the Internet industry. If the Registrant does not want to receive unsolicited marketing or promotional emails, the Registrant can request that HKIRC remove the Registrant from the marketing or promotional email subscription list.

21.37.2.8 Liabilities

The Registrant shall indemnify and hold harmless HKIRC as the Registry from all liabilities, losses, damages, costs, legal expenses, professional and other expenses of any nature howsoever sustained, incurred, paid by or suffered by HKIRC which are directly or indirectly related to any claim, action, or demand arising out of or related to the registration or use of the Domain Name brought by the Registrant.

Notwithstanding any other provision of this document and to the fullest extent permitted by law, HKIRC will not be liable to the Registrant for consequential, indirect or special losses or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by the Registrant as a result of any act or omission whatsoever of HKIRC and the Registrar, its employees, agents or sub-contractors.

In no event shall HKIRC’s maximum liability under these Registration Policies exceed 125% of the registration fees paid by the Registrar to HKIRC for the Registrant’s Domain Name in respect of a particular period of registration.

Lachlan Williams

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