[This translation is provided by NicLine Internet, S.L. as a courtesy. However, the RSP should take into account that the original language of the RSP’s Service Agreement is the Spanish language. In case of any dispute arising from the interpretation of its contents, the Spanish text will prevail and shall be admissible as evidence]
On the one hand, NicLine Internet S.L.U. (hereinafter nicline.com), with Tax Number: B-26350322 and registered office at C/ Circunde nº 16, Polígono Industrial La Portalada, 26006 Logroño (La Rioja), a Sole Proprietorship Limited Liability Company incorporated in Logroño before the notary public, Mr. Juan García-Jalón de la Lama, a member of the Professional Association of Notary Publics, and entered in the Companies Registration Office of La Rioja in volume 540, book 0, sheet 1, section 8, page LO-8718.
On the other hand, the Registry Service Provider (RSP), an individual or body corporate with which nicline.com establishes a commercial activity by means of this contract. After being informed of the characteristics of this service, the RSP acknowledges, understands and freely accepts this contract.
Both parties acknowledge that the other party is legally empowered to enter into this contract and,
I. The RSP is a company whose corporate purpose is to offer and provide its own or third party services, related to domain names in the Internet.
II. Nicline.com is a company specialising in registering/renewing domain names and is accredited by the ICANN (Internet Corporation for Assigned Names and Numbers) to register Top Level Domains (TLD).
III. The RSP is interested in carrying out operations relating to domain names for third parties using nicline.com applications.
The parties therefore acknowledge that they are mutually empowered to be bound by this contract, subject to the following
RSP: an individual or body corporate that is sufficiently legally empowered to enter into this contract and carry out operations relating to second level generic domain names through nicline.com.
Wholesaler: an individual or body corporate client of the RSP, whom will dispose of his/her own extranet to manage his domains, including the option to automate all the management processes for the domain names, and personalize all the tools.
Contract: it contains all the clauses contained in this document and in any annexes that may be entered into and attached hereto, with the prior agreement in writing of the contracting parties.
CURRENT LEGISLATION FOR COMPETENT REGISTRARS AND REGISTRIES (of the second level domain names under the relevant extension) SHALL BE COMPLIED WITH and, therefore, may condition the way that nicline.com provides the service; this legislation shall also be used to interpret any clauses herein that it affects relating to domains, registration, renewal, transfer, resolving disputes, change of ownership, change of registrar, but shall not affect the very contractual relationship created between nicline.com and the RSP.
Domain name: set of characters that identify an Internet website with an address (IP).
Internationalized Domain Names – IDN: are domain names capable of supporting multilingual characters different from the English language.
.es - IDN: capable domains are Second and Third Level domains under the corresponding Spanish country code – dot es. These are characters different from the English language such as:
IDN. eu: domain names under. eu, with own multilingual characters of the 23 official languages of the European Union and included in the list of characters permitted by EURid, which can be consulted in http://www.eurid.eu/.
IP (Internet Protocol): set of rules that govern data transmission through the net.
Domain name related operations: refers to various actions that can be carried out with domain names through nicline.com after payment has been made for them, and they are: registration if the name is available, their renewal and change of registrar.
Annual accumulated balance: total amount reloaded to the RSP debit account for any kind of service within the 365 day period (this value is updated daily and on each RSP account reloading).
Holder and/or Registrant of the domain name (hereinafter “holder”): an individual or body corporate that acquires the right to use the domain name chose and granted only for the addressing purposes in the Internet domain name system during the period set by the competent Registrar.
Registrar: National or International, public or private registrant authority or entity, authorised by the ICANN to manage domain names and publish, through the WHOIS website, the requested information on the holder, contacts and DNS of the domains that it administers.
Information on generic domain registrars:
Registry: Private or public entity, authorised by the ICANN, that manages and maintains the relevant database for each Top Level Domain.
ICANN: Internet Corporation for Assigned Names and Numbers, non-profit corporation that was set up to assume responsibility, among other duties, regarding the location of the IP addresses, the protocol allocation, the server and domain system addresses, in short, to ensure the operating and stability in the network.
DNS change: DNS change is taken to be the technical transfer of the DNS of a domain name.
EURid: A non-profit organisation, which has been selected by the European Union to operate the top level domain .eu (http://www.eurid.eu/).
DNS .be: non-profit organization in charge for the .be extension (Belgium).
Red .es: is the Spanish Public Registry responsible for managing and registering the Spanish ccTLD .es extension.
Fundació puntCAT is an ICANN-accredited non-profit foundation responsible for establishing registration requirements for domain names in the .cat TLD (http://www.domini.cat/).
DNS (Domain Name System): Domain name system in the Internet sphere in charge of translating domain names into IP addresses.
DNS change: Technical transfer of the DNS for a domain name.
Administrative contact: individual or body corporate in charge of managing a domain name.
Payment contact: payment of the domain to the relevant registrar.
Technical contact: individual or body corporate in charge of the operating of the Domain Name Servers.
WHOIS: is a public-access, interactive online tool that provides information regarding the ownership, contact data and availability of a domain name or an IP address.
Whois Privacy Service: Identity Protection Service to conceal all Holder and/or Administrative and Technical Contacts Data as seen in the Public Whois Database as associated to certain domain names and substitute these Data for generic data from nicline.com´s Virtual Office.
Control panel: is a technical tool developed by nicline.com and which is allocated to each RSP. This allows the RSP to consult, control and manage the data relating to its contractual relationship with nicline.com, as well as its own wholesalers, balance of remaining operations, invoices, etc.
Extranet: It is a technical tool developed by nicline.com which is facilitated to the RSP so that the latter may deliver it, if it so desires, to its distributors and may control the operations relating to the domain names of each of its distributors (as many extranets are facilitated as the number of distributors that each RSP has).
Login and password: a system that allows the authentication of the RSP in order for the RSP to access the control panel and in order to request help and information on the contracted service, in other words, it is a system that guarantees that access to the contracted services, data and information is secure, reliable and truthful, and is always provided by the RSP. Nicline.com uses these systems in order to identify, authenticate and verify the person of the RSP.
The purpose of this contract is aimed at regulating the conditions pursuant to which nicline.com provides the RSP the operations relating to the domain names, regulates how the RSP is to request the operations relating to the aforementioned domain names, the use of the applications developed by nicline.com for that purpose, as well as establishing the conditions and the form of payment by the RSP to nicline.com.
The operations relating to the domain names that are regulated by the clauses of this contract solely and exclusively refer to the second level domain names under.com, .net, .org, .info, .biz, .ws, .eu, .mobi, .tel, .be, .fr, .cat, .tv, .cc, .es, .com.es, .nom.es, .org.es, .mx, .com.mx, org.mx and IDNs under .com, .net, .org, .ws, .eu, .cat, .es, .com.es, .nom.es, .org.es, .tv and .cc.
THIRD.- COMING IN FORCE AND TERM OF THE CONTRACT
The term of this contract is one year from the payment of the fixed annual cost established in the first section of clause four herein and access has been provided to the various tools provided by nicline.com to the RSP in order to manage and develop the purpose of this contract.
At the end of the contract, it shall be tacitly renewed for equal periods by means of paying the following invoice with the fixed annual payment.
Should one of the parties not wish to renew this contract, notice is to be given in writing at least 30 days before the date of the end of the contract or its successive renewals, where applicable.
FOUR.- PRICE AND TERMS OF PAYMENT
4.1 The access to the tools that nicline.com makes available to the RSP for the management of all the domain name related operations envisaged herein and their temporary availability has an annual fixed cost of $99 (US dollars). The payment of this amount will be made by Credit Card or by bank transfer.
The data regarding the payment method, either bank transfer or credit card, will be provided to the RSP once the service has been ordered and this agreement has been signed.
At the end of the initial contracting period, as it is envisaged in the previous clause, or the successive renewals, where applicable, the new annual fixed price will be notified to the RSP in sufficient time, should it have been changed, so that the RSP may request the non-renewal of the contract should it not accept the new price.
The contract that contains the new price terms shall be formalised in writing. Should there have been no change with respect to what is envisaged herein or with respect to the latest amendment attached hereto, it shall not be necessary to have written proof of the negotiation held regarding this aspect.
4.2 The RSP shall pay in advance the full price set for each operation in accordance with the total amount reloaded in its debit account the within the last 365 day period, according to the following levels:
Initial: annual amount reloaded lower $1,000 (US dollars):
(*) The currency will vary according to the Registry for each domain name, and in each case will be converted from dollars and/or euros according to the official currency exchange rate of the day.
The amount to be reloaded to the RSP debit account must be higher or equal to $100 (US dollars).
The reloading of the RSP account can be affected through bank transfer or TPV. In the latter case prior to payment, the accounts department of Nicline has to be informed and authorization has to be issued.
The amount to be reloaded to the RSP debit account will be calculated once deduced the financial expenses and/or commissions derived from the bank transferences or from the TPC payments, which will be supported by the RSP.
The amount to be reloaded to the RSP debit account will be the entire amount given by the RSP, including, where appropriate according to the law, the applicable sales tax like value added tax, consumption tax, goods and services tax or whatever equivalent.
The price of the operations is subject to applicable taxes.
4.3 Valued Added Tax (VAT) is not included in the sums set forth in this Service Agreement, in its appendix and NicLine´s website. Customers will need to pay such the corresponding tax.
4.4 Every transaction related to domain names .com, .net, .org, .info, .biz, .mobi, .tel, .fr, .ws, .tv, .cc, .es, .com.es, .nom.es, .org.es, .eu, mx, .com.mx, .org.mx and IDN-capable extensions - .com, .net, .org, .cat, .es,.com.es, .nom.es, .org.es, .eu, .ws, .tv and .cc, will be considered valid for a one year period, from date to date, starting from expiry date with a maximum period of ten years.
However, the RSP must keep in mind that .eu and IDN .eu domain names that have not been renewed at least one day before their expiration date will be removed.
In the case of be, the date of expiry will be considered valid for a one year period, from date to registration to the 15th day of the same month of the following year..be domain names, can only be registered and renewed for one year.
All the .cat domain names requested with a specific .cat code granted by Fundació puntCAT and/or nicline.com can only be registered for one single year from date to date. Here follows the pricelist depending on NicLine´s RSP level:
Should .cat domain names be requested without inserting the promotional code they can be registered from one to ten years and always from date to date. Pricelist has been set forth in Section 4.2 of this Service Agreement.
4.5 Change of registrar to nicline .com, shall be treated as a domain name transaction. This will extend the renewal period of the domain name for another year, as from the day the transfer is performed. The cost of this operation will be payable in advance.
However, in the case of .eu and IDN .eu domain names, the RSP must keep in mind that .eu domain names that have not been renewed at least one day before their expiration date will be removed.
.be domain names shall be renewed from date of transfer, to the 15th day of the same month of the following year.
.fr domain names shall be renewed from date of transfer, until the same day and month of the following year.
Dot com, .net, .org, .info, .biz, .mobi, .tel, .cat, .ws, .eu, .be, .tv, .cc, .mx, .com.mx and .org.mx domain extension Registrar Change requests towards nicline.com and IDN .com, IDN .net, IDN .ws, IDN .eu, IDN .tv, IDN .cc, and IDN .cat domain extension Registrar Change requests towards nicline.com will all be active for fifteen (15) calendar days starting Request Day. Should Registrar Change requests not be processed within this 15-day deadline all requests will be cancelled.
4.6 The change of ownership of the.com, .net, .org, .info, .biz, .mobi, .tel, .ws, .tv, .cc, .es, .com.es, .nom.es, .org.es, .mx, .com.mx, .org.mx and IDN-capable extensions - .com, .net, .org, .cat, .es, .com.es, .nom.es, .org.es, .ws, .tv and .cc domain registered with nicline.com is free of charge.
In the change of ownership for .eu, IDN .eu domains, the domain will be registered with data of new holder and will effect the expiry date, with regards to the time the expiry date and has the same cost of a renewal. In the case of .be domains, will effect the expiry date, with regards to the time the transfer is made to the 15th day of the same month of the following year and has the same cost of a renewal.
In the change of ownership for .fr domains, the domain will be registered with data of new holder and will effect the expiry date with regars to the time the transfer is made and has the same cost of a renewal.
The applicant for the change of ownership will be responsible for informing the current and new domain owners of their respective obligations and duties, and to obtain their prior consent before starting any application for a change of ownership.
The change of the name, organisation and/or email address fields of a domain name record, except for .es, .eu and .be domains, and those domains that require a specific procedure according to the legislation of the Registry involved, requires an application for a change of ownership that must be accepted by the current and the new owner through the corresponding link that will be sent to them to their contact email address, as it appears in the domain registration data.
The deadline to accept or reject the change by the current and the new owners will be 15 days from the request. After this time, the application will be cancelled.
Once the change has been confirmed by the current and new owners, the change will be processed and the domain will remain locked for 60 days, during which period it cannot be transferred to another provider. This lock does not apply to .fr domains.
In those cases in which the contact email address of the current and/or new owner was not operational at the time of the application for the change of ownership, the RSP, through an authenticated prior request, may be considered as a "Designated Agent" who can authorise the change on behalf of the aforementioned holder, provided they have obtained their express authorisation. Notwithstanding the foregoing, in those cases where this is requested, the RSP will be responsible for demonstrating that they have the necessary authorisations. In addition, the RSP and/or domain name holder expressly renounce any claim for liability, contractual or extra-contractual, or damages against nicline.com, the corresponding Registry and ICANN for any action related to the appointment of the customer as "Designated Agent".
nicline.com reserves the right to deny an application for change of ownership of a domain if it is involved in an ownership dispute process, or for any other dispute, according to ICANN's rules, available for consultation at www.icann .org.
The change of ownership implies acceptance and submission by the new holder of the domain name to the applicable obligations and responsibilities of a domain name holder, an up-to-date copy of which can be viewed at http://www.nicline.com/company/legal.htm.
By confirming the change of ownership, the new owner asserts that the data provided is true as stated in the rules and policies of the "Whois Accuracy Program" set out by ICANN.
4.7 For the aforesaid purposes NicLine´s Whois Privacy Service activation associated to a given domain name will amount to any operations performed on a domain name, and conditions for the activation will be ruled and governed by the corresponding annex.
4.8 In the case that .com, .net, .info, .biz, .mobi, .tel, .ws, .cat, .tv and .cc domain is not renewed, close to its expiry date, before it is set free, goes through the following phases:
Cost for restoring one Dot mobi and one Dot tel domain name in the Redemption Grace Period – RGP amounts to:
Cost for restoring one .cat domain name in the Redemption Grace Period – RGP amounts to:
Nicline.com does not guarantee the effective retrieval of the domain, and does not take responsibility for any consequences of such happenings.
Those .eu and IDN .eu domain names that have not been renewed at least one day before their expiration date will be put on hold for the next 40days. If it is not reactivated by this time, it will once again be set free in the general registry. In this case the cost of reactivation is:
The .be domain names which are not renewed at their expiry, will be put on hold for the next 40days. If it is not reactivated by this time, it will once again be set free in the general registry. In this case the cost of reactivation is:
In the case that a .fr domain name is not renewed, close to its expiry date, before it is set free, it goes through the following phases:
All .es domain names not renewed before expiration date will result in the technical inactivity of the domain which means that the .es domain will be free for registration ten (10) days after expiration date. During this ten-day period renewal price will be the same as registration price.
All .mx, .com.mx and .org.mx not renewed close to its expiry date, before they are set free, they go through the following phases:
4.9 Should there be a modification in the rates as the result of a decision by the ICANN, the relevant Registrar and/or Registry or for market causes which would force nicline.com to vary the price of the operations and/or services relating to the domain names, the RSPs are to be informed of this and the prices of the operations relating to the domain names will be adjusted.
According to the discount table, the price relating to the domain names will appear in the service control panel, together with a graph on the annual reloading evolution.
The graph and the price are updated daily and on each RSP account reloading. The equivalent price in euro is also shown at the RSP control panel according to the official daily conversion rate.
4.10 Once a reloading is carried out, the customer may permanently obtain the relevant invoice through the customer control panel.
4.11 Should nicline.com receive a request for an operation relating to the domain names once the RSP debit account balance has run out, nicline.com shall not proceed to carry out the relevant processes and nicline.com shall not be liable in this regard.
N.B.: this section is highly important in particular with respect to the renewal operation of the domain name as the domain name will not be renewed if there is no balance for the operations.
FIVE.- OBLIGATIONS OF THE RSP
5.1 The RSP is to comply with all the terms and conditions envisaged herein where exercising its professional activity and is to also act in line with the law and in good faith. In particular, the RSP is to fulfil THE OBLIGATION TO NOTIFY ANY RELEVANT OBLIGATIONS TO THE HOLDER OF THE DOMAIN NAME OR ENSURE THAT THE LATTER BE INFORMED AND OBTAIN HIS CONSENT, WHEN SO REQUESTED BY THE COMPETENT ENTITIES.
In order to facilitate this task, nicline.com attaches a document hereto, which is published at www.nicline.com, which basically sets out, without it being an exhaustive list, the obligations corresponding to the domain name holder with respect to the competent entities and which the RSP undertakes to transmit to the holder.
5.2 The RSP is to make the detailed payment for the service, as envisaged herein.
5.3 The RSP undertakes to request each operations relating to the domain names in accordance with the domain name policy that the competent Registry has at any given moment and for each case.
The following addresses can therefore be consulted:
5.4 The RSP hereby assumes the consequences arising from the failure to comply with the requirements established by the competent Registrar, by the relevant Registry, by Eurid and by DNS.be, by Red .es, by Fundació PuntCAT and the ICANN when the failure is attributable to the RSP.
Additionally the RSP declares that the owner agrees and accepts and should abide, in all circumstances, with the compulsory requirements of all the norms and regulation applicable to domain names, .eu an IDN .eu included, without limitation, Regulation 733/2002; Regulation 874/2004;Regulation 1654/2005, the Registration Policy, the Terms and Conditions, the WHOIS policy, the Sunrise rules, the Alternative Dispute Resolution rules and the Supplementary Rules for Alternative Dispute Resolution, according to what published in the EURId website (http://www.eurid.eu/) and the Czech Arbitration Court (http://www.adr.eu/).
In the case of .be domains, the RSP declares and accepts that the .be domain owner has to submit to the referred in the Terms and Conditions for the .be domain names, established by DNS.be (http://www.dns.be/ ).
In the case of .fr domain names, the RSP declares and accepts that the holder acknowlwedges and accepts to fulfil the Terms and Conditions of asignation and management of .fr domains and the Alternative Dispute Resolution Policy of .fr domains established by AFNIC (http://www.afnic.fr/)
All Second and Third level ccTLDs and the corresponding IDNs shall be liable to Orden ITC/1542/2005 of May 19th on the National Plan for Internet Domain Names under the corresponding Spanish country code dot es (.es) and Order of June 1st, 2007 issued by the Spanish Public Registry Red.es General Manager on IDN-capable .es domain names and all clauses issued by Spanish Registry Red.es through the website http://www.red.es/.
For all .cat and IDN.cat domain names the RSP hereby commits himself to getting acquainted, knowing and fully complying at any time with all the requirements for a .cat domain name registration as set forth in the Terms and Conditions for dot cat Domain Name Registration Procedure, ICANN Rules and Regulations for Uniform Domain Name Dispute Resolution Policy - UDRP, Fundació puntCAT Eligibility Requirements Dispute Resolution Policy – ERDRP and all Meditation Proceedings which might be involved. Also the RSP hereby binds himself to all terms and deadlines set forth by the ruling .cat accredited foundation – Fundació puntCAT through the website http://www.domini.cat/.
For all .mx domain names the RSP hereby commits himself to getting acquainted, knowing and fulling complying at any time with all the requirements for a .mx domain name registration as set forth in the Terms and Conditions for .mx Domain Name Registration Procedure (LDRP) and Eligibility Requirements Dispute Resolution Policy for .MX domain names. Also the RSP hereby binds himself to all terms and deadlines set forth by the ruling .mx, Registry .MX through the website http://www.nic.mx/.
5.5 For the .mobi domains, the RSP recognizes and accepts that the domain owner should comply with the requirements, norms, political, procedures available in the style Guide for .mobi domains (pc.mtld.mobi/mobilenet/dotmobi_guides.html). The domains owner consents the supervision of his web page to verify the fulfilment of such requirements described in said style Guide. Besides, both the RSP and the holder know and accept that this Guide is subject to change by Registry and they compromise to comply with any change made.
When it comes to Premium Dot Mobi domain names listed in http://mtld.mobi/content/premium-names), the Dot Mobi Holder acknowledges and accepts that:
Mainly and with obligatory manner, the web pages pertaining to the .mobi names, should comply the following requirements:
Periodically, the Registrar and/or the Registry will verify the fulfilment of these requirements, notifying the administrative contact of the .mobi domain, the breach of the same.
Consequently, those web pages that do not comply the obligatory requirements during a time limit over 60 days, will be suspended and will stop being operative. The . mobi will be blocked, in Registry-Hold status, although it will still be registered under the owners name.
The full procedure can be consulted at http://pc.mtld.mobi/switched/reg_compliancepolicy.html
5.6 For . eu, domain names the RSP recognizes and accepts that it will only be possible to register domain names containing the following multilingual characters, included in the list of characters permitted by EURid that can be consulted in http://www.eurid.es/:
· à, á, â, ã, ä, å, æ
· è, é, ê, ë
· ì, í, î, ï
· ð, ò, ó, ô, õ, ö
· ù, ú, û, ü
· ý, þ, ÿ
It is not possible to register a .eu IDN that includes one or more hyphens in the second, third or fourth position.
5.7 For all .cat and IDNs .cat domain names, the RSP hereby acknowledges and accepts that once a .cat domain name has been requested, Fundació puntCAT will send a message to the .cat domain holder e-mail address to inform that when registering a .cat domain name, the holder is accepting the .cat domain registration use established by the Registry.
On a regular basis Fundació PuntCAT shall cross-examine whether the .cat domain name is being used according to all registration terms and conditions accepted by the Holder. Should there be any prospective breach of such registration terms and conditions from the Holder Fundació PuntCAT will email the .cat domain name holder notifying this situation by email requesting correction or amendment in a given deadline.
Once this deadline is over Fundació puntCAT shall examine the .cat domain name over again and decide whether misuse of the .cat domain name still exists. Should this be the case a second email will be sent to the domain Holder and the .cat domain name status will be moved to “serverHold” status and the domain name will remain inoperative. Should deadline set forth in this second email be met while misuse of the .cat domain name still exists the .cat domain name shall be deleted and remain free and open for registration.
5.8 The RSP hereby acknowledges and accepts that the .cat domain names can be registered through one promotional code.
Fundació PuntCAT shall provide users with promotional codes for .cat domain name registrations following specific promotional campaigns and events.
Should this be the case all users trying to register a .cat domain name shall be entitled to provide the Fundació PuntCAT-granted .cat promotional code.
Nicline.com shall email your domain name registration request, together with the .cat promotional code indicated to the Fundació PuntCAT. Once the code is validated, procedure will be started and the domain name registration proceedings initiated.
Should Fundació PuntCAT regard the .cat domain name promotional code enclosed during registration as an invalid .cat promotional code, the .cat domain name registration attempt will not be completed. Then nicline.com shall email the user trying to register the .cat domain name telling him his registration attempt has failed for this reason. Also money for this failed .cat domain name registration attempt shall be refunded
All .cat domain names registered using promotional codes can only be registered for one (1) calendar year from date to date.
Nonetheless all .cat domain names registered without these promotional codes can be registered for one (1) caldendar year and up to ten (10) calendar years from date to date.
5.9. RSP acknowledges and accepts that all .cat domain names admit special characters from Catalan language (à; ç; è é; í; ï; l•l; ò; ó; ú; ü).
Once the IDN .cat domain is registered with these special characters the equivalent no-IDN .cat domain will be registered too. Cost will amount to one single domain registration but both the IDN .cat domain and the no-IDN .cat domain will share the exact same features - contacts, servers, use, etc.
One .cat domain name with and without special characters cannot be registered whatsoever by two different holders so both the IDN .cat domain and the no-IDN .cat domain will belong to the same holder.
In any case RSP acknowledges and accepts that in the future the Registry might agree that these two different versions of the same .cat domain will be managed separately from one another - cost and rates included.
5.10. With respect to Dot Tel domain names the RSP acknowledges and accepts that the sole purpose of a Dot Tel domain name is get the Holder personal data stamped on a predefined website that can be accessed from different communication devices. Such a website space has not been designed to host standard websites.
To access a Dot Tel website the login and password automatically generated by Telnic and emailed to Holder by the Registrar need to be entered. For security reasons we recommend that you change password right after entering the Dot Tel website for the first time.
5.11 The RSP guarantees that the selected domain name is not registered for illegal purposes or harms the industrial and intellectual property rights or other legitimate rights and interests of third parties.
5.12 Any use of the domain names in bad faith or for illegal purposes is prohibited, in particular, but not exclusively, for:
5.13 The RSP accepts to resolve any dispute regarding the rights to use the selected domain name by means of the stages and procedures established by the ICANN, EURid, by Fundació puntCAT and any other entity authorised to resolve them, as well as accept the rulings issued by them. The RSP likewise accepts to notify the domain name holder of this obligation.
5.14 The information supplied to nicline.com has to be complete and correct. The holder, and subsidiarily the RSP, is responsible for the truth of all the data supplied. Such an obligation extends itself to all data provided for the domain name as listed in the Whois Public Database except for NicLine´s Whois Privacy Service activation request. Therefore, the RSP is to obtain any amendment to the information immediately from the holder and is to immediately communicate it to nicline.com.
The RSP acknowledges and accepts that neither the .mx domain name registration nor its Whois publication must be understood as a proof of property over the domain name.
5.15 The RSP hereby undertakes to maintain the email address provided for correspondence with nicline.com operative, active and up-to-date, as it is the preferential means of communication of nicline.com for the dynamic and fluid management of the provision of the service requested as the result of the contractual relationship envisaged herein.
Should the RSP wish to change the email address referred to in the contract as the contact address, this should be done through the control panel, with the correct authentication measures of that request, so that the communication between both contracting parties is never interrupted.
The RSP assumes all the liability for the consequences of the email address failing to be operative or the lack of communication that the change of address not being updated may cause, as well as for any disinformation alleged by the RSP due to its negligence when maintaining this information active.
5.16 The RSP is the only party responsible for the use and safeguarding of the login and password for accessing the control panel. These are the identifiers needed by nicline.com to authenticate the access and facilitate the approval of the actions that are requested using these tools. The RSP is solely liable for the use of these identifiers and the communication, even to third parties.
5.17 The RSP shall compensate nicline.com and the competent registry for any expenses incurred in any proceedings where the liability is attributable to the RSP, including the legal fees of nicline.com, even should not final ruling be issued.
5.18 In the case of the RSP people and the holder not coinciding, should nicline.com receive a request from holder, of whatever nature, it shall pass it on to the RSP, which is to accept it and process it correctly, and in any case, according to the procedures laid down by nicline.com, as the holder is the party who holds the right of use of the domain name and who is bound by the obligations with respect to the relevant competent entities.
5.19 The RSP is to collect from the holder the document required by nicline.com in order for the operation relating to the domain names envisaged herein to be suitably processed with respect to the ICANN and competent registries. The RSP is also bound to keep this information always available at the request of nicline.com or the competent registries.
5.20 In compliance to the ICANN regulations, a change of registrar to nicline.com , and a request of change of ownership, cannot be processed simultaneously. Therefore the RSP hereby undertakes to carry out the relevant so this does not occur.
The specific procedure available at nicline.com or the corresponding Registry, is to be followed in order to modify the ownership of the domains.
5.21 The RSP is not liable for anything that is exclusively attributable to nicline.com, or anything that is attributable to the action of another competent Registrar or Registry.
5.22 When requesting the registration, transfer, change of ownership or other data, change of registrar etc the RSP commits to obtain the authorization, from the owner of the domain, to collect and submit to the competent entities., Responsibilities also includes the processing and publication of the information available on whois: client’s name, postal address, active e-mail address, fax, telephone number, language, etc., for himself technical and administrative contact, just as required by the competent Registrar and Registry.
Additionally for .eu, IDN .eu and .be domain names:
When it comes to Dot Mobi domain names the RSP hereby explicitly acknowledges that he will urge the domain name Holder to provide reliable truthful accurate information on his domain name contact data including all those data published in the Public Whois Database and data published in the website associated to his Dot Mobi domain name.
For .es domain names, the RSP acknowledges that the administrative, technical and payment contacts must be physical persons.
5.23 The RSP should obtain the authorization of the owner prior processing and dispatching to third parties the information contained in the request of a domain name .eu nd IDN .eu on behalf of EURid, and of a domain .be, on behalf of DNS.be, in the following cases:
5.24 The RSP is to obtain the commitment of the domain holder to accept any possible request from nicline.com, in order to comply with the standards or conditions laid down by the ICANN, to check the accuracy of the data published in the WHOIS of the competent registrars and where applicable, to update the information using the procedure laid down by nicline.com.
Therefore, the RSP accepts that nicline.com may directly contact the holder of the domain names or his administrative contact, provided always that the ICANN requires such an intervention. The holder is obliged to answer to any requirement from NicLine for updating the contact details provided for the domain registration. Any failure to fulfil this obligation shall constitute a material breach of the domain name agreement and be a basis for suspension or cancellation of the related domain name.
Domain names must abide by a verification procedure of their contact details on a mandatory basis, in line with that which is outlined in the ICANN regulation and policies known as “Whois Accuracy Program”.
ICANN insists of having truthful data linked to the domain name. It therefore requires the postal address, telephone number, owner's email, and the administrative and technical contacts that are linked to the domain to be in the correct format.
ICANN requires the Registrar, in this case nicline.com, to verify said information and the working order of the email address of the domain name's owner, along with that of the RSP responsible for its management, in order to establish that they are identical.
The verification procedure will be:
If the domain has been blocked as a result of non-verification, nicline.com makes a new re-sending feature of this notification available from the domain name Extranet that enables verification as soon as the domain is blocked.
Any notification that nicline.com must send to domain name owners managed via their RSP and/or Resellers will be sent with the RSP and/or Reseller information. Failing this, they will be sent as unidentified messages, with the aim of always favouring contact between the RSP and/or Reseller and the owner.
5.25 Unauthorized use of ICANN´s official logo, ICANN´s Accredited Registrar´s logo, and any all ICANN´s Accredited Registrar´s identifications shall be prohibited unless the RSP is authorized by such corporation.
Likewise, unauthorized use of Intelectual property of .MX Registry shall be prohibited. Neither The RSP nor the Wholesaler shall impersonate a Registrar, wholesaler, agent, worker, representative of .MX Registry or pretend that they are linked to him.
5.26 Contracts and Agreements governing domain registrations signed by the RSP will include among other obligations all those obligations and liabilities required by ICANN throughout this deed as well as all prospective remissions or cancellations of existing rules, regulations or policies that might be published in the future by ICANN through www.icann.org/en/general/consensus-policies.htm
In these Contracts and Agreements the RSP is urged to identify the Accredited Registrar sypplying the domain names. However should that information not be made available the RSP will be compelled to provide a way to identify the Accredited Registrar such as a link to the public Whois Database.
5.27 The RSP will be compelled to identify the Accredited Registrar managing a given domain name when requested by the client.
5.28 As an Accredited Registrar and in compliance with that which is outlined in the ICANN Expired Registration Recovery Policy (ERRP), nicline.com must send a series of notifications to the email address of the generic and territorial domain owner of .ws, .tv and .cc extensions that appears in their data registry and which is published in the public “whois” database, in order to inform them of the expiry date of their domain, as well as the deadlines and renewal fees and/or recovery of the domain name.
ICANN Policy establishes the mandatory requirement of sending three informative notifications to the owner's email address:
Regardless of these notifications, the renewal of the domain name will follow current established procedure, according to that which is outlined in the current Nicline RSP Contract.
Any notification that nicline.com must send to domain name owners managed via their RSPs and/or Resellers will be sent with the RSP and/or Reseller information. Failing this, they will be sent as unidentified messages, with the aim of always favouring contact between the RSP and/or Reseller and the domain owner.
Therefore, the RSP and the domain name owner authorise and allow nicline.com, as an authorised domain name Registrar, to send the aforementioned informative messages to the owner's email address.
The nicline.com Policy Regarding Renewal and Management of Generic Domain Names is available for consultation to Resellers and domain name owners at http://www.nicline.com/company/generic-domain-renewal-policy.htm
5.29 The RSP understands and accepts in the same way ICANN demands of nicline.com, that he or she must also offer a link to the website of said company where the regulated rights and obligations of a domain name owner appear.
To that end, they must publish a document on their website that outlines their rights and obligations as Resellers which must be made available to domain name owners. Original details of said rights and obligations published by ICANN may be consulted at http://www.icann.org/en/resources/registrars/registrant-rights/benefits.
The RSP will be responsible for informing domain name owners of all the Policies outlined in this document, along with all mandatory ICANN policies. Said information must be visually provided to the owner via the documentation published on the RSP website.
5.30 The RSP must inform the Wholesaler of all the obligations that might arise from this contract.
5.31 arsys informs the RSP that ICANN has educational material available on domains and their different procedures, which can be viewed at http://www.icann.org/en/resources/registrars/registrant-rights/educational.
The RSP will be responsible for communicating this information to domain name owners by publishing it on their website.
5.32 Apart from the obligations envisaged in this clause, the RSP hereby assumes any obligations arising from the other clauses herein and which are not contemplated in this clause. The RSP likewise assumes any obligations arising from current legislation and regulations and the rules applicable to the operating of the service, in particular, those that refer to the gathering of personal data, as well as to the service providers of the information society and e-commerce.
SIX.- OBLIGATIONS OF nicline.com
6.1 nicline.com is to comply with all the terms and conditions envisaged herein where exercising its professional activity and is to also act in line with the law and in good faith.
6.2 nicline.com acts as the registrar authorised by the ICANN, by EURid, by AFNIC, by Red.es and by Fundació puntCAT for all the steps relating to the second level domain names under .com, .net, .org , .info, .biz, .ws, .eu, .mobi, .tel, .be, .fr, .cat, .tv, .cc, .es, .com.es, .nom.es, .org.es, .mx, .com.mx, .org.mx and .es IDN-capable extensions - .com, .net, .org, .eu, .cat, .es, com.es, .nom.es, .org.es, .ws, .tv and .cc. Therefore, nicline.com shall carry out all the suitable steps to register, renew or maintain the domain name and the changes of holder and registrar requested by the RSP in accordance with the application provided by nicline.com.
6.3 In order for the RSP to be able to request, through nicline.com, any operation relating to the domain names envisaged herein, nicline.com shall provide the RSP with the necessary documents, applications and tools. The following tools are some of the ones to be provided:
Control panel for the RSP, extranet for the wholesaler and registration cgi: nicline.com shall provide the RSP with an URL which the RSP is to contact by http or https for the operations relating to the domain names. The RSP hereby undertakes to use the addresses included in the extranet of its wholesaler to contact this URL and to keep the identification parameters secret that nicline.com request in the CGI. Apart from providing the CGI address, nicline.com shall provide the RSP with updated documents which include all the parameters to be used to contact the CGI.
All of the above belong to nicline.com and are therefore subject to what is envisaged in the confidentiality and intellectual property clauses.
6.4 nicline.com is not liable should the selected domain name be effectively registered, even should it be available at the time of placing the query. nicline.com is likewise not liable should the renewal or maintaining of a domain name be effectively renewed even when nicline.com has carried out all the appropriate steps and those laid down by the competent Registries. nicline.com shall only be liable in those cases when the renewal or maintenance is not achieved due to nicline.com acted negligently and with this be sufficiently proven.
In fact, the selected domain name might not be registered and/or renewed because the domain name was already registered at the time of the order, either due to any action by the competent Registry or due to the failure to comply with any essential requirement laid down by nicline.com or by the competent Registry of the relevant domain name.
Therefore, the RSP expressly waives any right to seek contractual or extra-contractual liability, losses or damages from nicline.com, should the latter not obtain the registration or renewal of the relevant domain name.
Should the "NON REGISTRATION" of the requested name or the "NON RENEWAL" be caused by a negligent action by nicline.com, the latter shall carry out all the suitable steps to register another domain name ordered or, at the request of the RSP, nicline.com shall return the amount of money paid in advance for this service, without prejudice to any legal actions that may be taken.
6.5 Under no circumstances shall either nicline.com or the competent registry or registrar be liable for the breach of the industrial or intellectual property rights, or of any other legitimate interests or rights that may arise from the registration of a domain name requested by the RSP, on its own behalf or on behalf of a third party.
6.6 nicline.com is not liable for anything that is exclusively attributable to the RSP and/or the holder of the domain name, not for anything that is attributable to the action of another competent Registrar, or for any errors that may occur during the automatic registration process.
6.7 nicline.com and/or the competent Registry reserve the right to suspend, reject, cancel or transfer any domain name if necessary, to its understanding, in any of the following events:
6.8 nicline.com does not guarantee the usefulness of the choice of the domain name for the carrying out of any activity in particular.
6.9 For the purposes of the changes of ownership, changes of registrar or any other request with respect to the data registered in the domain names, including NicLine´s Whois Privacy Service activation request nicline.com shall follow the regulations laid down by ICANN or any other competent entity and the holder, as well as the RSP, when it is subjected to them.
6.10 Nicline.com, the Registrar and the Registry, reserve the right to deactivate or cancel the domain name, if it is used to send unsolicited mass advertising messages or in breach of applicable law or Internet Acceptable Use Policy.
6.11 In case of any breach by the RSP of any obligations contained in this agreement, both Nicline and the Registry reserve the right to deactivate or cancel the domain name.
6.12 Apart from the obligations envisaged in this clause, nicline.com hereby assumes any obligations arising from the other clauses herein and which are not contemplated in this clause. nicline.com likewise assumes any obligations arising from current legislation and regulations and the rules applicable to the operating of the service, in particular, those that refer to the gathering of personal data, as well as to the service providers of the information society and e-commerce.
7.1 Any information or documentation that either of the parties provide to the other party as part of the development and performance of this contract shall be considered to be confidential and exclusively belonging to the party that provides it and may not be communicated to third parties without the approval of the party in question.
7.2 The parties hereby exclude from the category of confidential information any information that is disseminated by the party that holds it, any that is in the public domain, any that has to be revealed pursuant to current legislation or to a court ruling or an order from a competent authority, and any that is obtained by a third party that is not under the confidentiality obligation.
7.3 This confidentiality obligation lasts for up to two (2) years after the contract has ended. At the end of this contract, the parties shall return all the confidential information and/or fully destroy it at the request of the holder.
7.4 None of the parties shall acquire any right with respect to any confidential information or other property rights from the other party as the result of this contract.
EIGHT.- INDUSTRIAL INTELLECTUAL PROPERTY
nicline.com is the holder of all the copyrights, brands, intellectual property rights, know-how and any other rights related to the applications, tools and documentation provided, as well as the computer programs need for their implementation and any related information that is obtained.
The RSP is to respect the programs to be used by third parties and made available by nicline.com, even if they are free.
The RSP, by virtue of this contract, does not acquire any right or licence whatsoever in relation to the contracted service, the computer programs needed to provide the service or even the technical information for monitoring the service, except for the rights and licences needed for the performance of this contract and solely for its term.
Also the RSP is compelled to respect all images, texts, signs, symbols, logotypes, trademarks, and other elements belonging to any third parties provided to him through all applications and tools furnished whose exploitation rights belong to nicline.com. Total or partial transformation, edition or performance on any other aforementioned property rights shall be prohibited unless there exists prior consent from any third Holders of these rights.
The written authorisation of nicline.com is needed for any action that exceeds the compliance of this contract.
NINE.- AMENDMENTS TO THE CONTRACT
nicline.com hereby reserves the right to amend, by any means, the characteristics and conditions of its services, provided always to develop and benefit the service itself, and, in particular, when the competent entities change the conditions of the operations relating to the domain names. The only formality that therefore needs to be carried out is that of notifying the RSP by means of an online notice and/or by email.
Once the amendment has been carried out by nicline.com, the RSP has fifteen days from the date of the notification being issued to terminate the contract, should it not accept the new circumstances. Once this period has ended with no communication to the contrary from the RSP, it shall be understood that the RSP accepts the new conditions.
TEN.- FORCE MAJEURE
Neither of the parties shall be liable for failure to meet the obligations envisaged herein and, therefore, shall not be entitled to compensation when this breach is due to causes of force majeure. Should the suspension due to this circumstance be for longer than 2 months, the contract may be cancelled at the request of either party.
11.1 The contract shall end when, apart from the legally established causes and those envisaged in the various clauses herein, any of the following circumstances occur:
11.2 Should breach by the RSP be cause for terminating the contract, as established in clause 11.1.c, nicline.com shall be entitled to discharge the contract and, therefore, to remove the tools from the RSP that had been handed over in order to provide the service and without the RSP being entitled to compensation or any amount being returned.
11.3 Should the contract be terminated or discharged, due to the aforementioned causes or any others envisaged by law, the RSP is to comply with its obligations assumed prior to the termination of the contract with respect to nicline.com and to third parties.
11.4 At the end of the contract, for whatever reason, should RSP stop providing the operations relating to the domain names envisaged herein and there is the likelihood that the domain names would not be renewed and, therefore, cause serious prejudices to the holders of the domain names, nicline.com shall assume the management of the domain names that have been registered, renewed or transferred by the RSP by means of this contract, so that this situation does not cause prejudice to the rights acquired by the holders of the domain names. Therefore, nicline.com shall directly contact the party in question and shall request his authorisation by means of the email address that is published.
11.5 Should the contract be terminated or discharged, due to the aforementioned causes or any others envisaged by law, nicline.com hereby undertakes to return to the RSP the outstanding balance where applicable and once the pending operations have been settled.
11.6 The annual fee of the service (99 $) should not be refunded independently from the cause of the termination of the contract except in those cases forseen by the law.
11.7 Should the contract be terminated or discharged due to causes attributable to nicline.com, the latest will act according to the procedures laid down by the competent Registries or ICANN.
TWELVE.- DATA PROTECTION POLICY.
12.1.- NicLine Internet S.L.U. (nicline.com), with registered office at C/ Circunde nº 16, Polígono Industrial La Portalada, 26006 Logroño (La Rioja), Spain, pursuant to the Personal Data Protection Policy (LOPD) 15/99 of December 13 and further regulations, hereby confirms that this policy will be applied to every user of the http://www.nicline.com/ website, when providing personal data through any of the means provided in this website, formalizing a contractual relation or using any of the services offered by nicline.com, that implies the communication or access to data by this one, which entails that the user grants his free, unequivocal, specific, informed and express consent for the treatment of his personal data.
12.2.- Personal data obtained during the process of signing up through nicline.com are included in a file under Nicline Internet, S.L.U. (nicline.com) responsibility, and registered in the Data Protection Agency. Nicline Internet, S.L.U. (nicline.com) shall take all the necessary technical and administartive measures to ensure security integrity, and confidentiality of all data.
12.3.- nicline.com hereby informs that the collecting and managing of all the personal data comprises the attention to users requests, the formalization and execution of the contract and the own tasks of the service provided which are the subject of the contract, as well as the maintenance of the historical of the commercial relations during the legal terms established, for which nicline.com will be able to contact the RSP through email, sms or any of the means indicated by the client.
The RSP will be able to choose in the sign-up form, whether he wishes or not to receive commercial information. In the affirmative case, his data will be treated, together with the aforementioned purposes, for sending commercial communications regarding the contracted services or similar ones. However, the RSP can show his disagreement in each one of the commercial communications received or through the contact address: email@example.com.
12.4. nicline.com hereby informs its users about the “cookies”. “Cookies” are small files that our servers send to users of the www.nicline.com/ website and which automatically collect information on the visitor’s IP address, the day and time he starts and finishes the visit, as well as information on the different sections from the web being visited.
Users can configure their browser in order to receive a notification about the "cookies" being sent to them or to avoid such reception. In this last case, such action will not avoid users to visualize the http://www.nicline.com/ website.
12.5.- Users shall be entitled to defend and execute their access, opposition, rectification, and cancellation rights, at anytime, through the email firstname.lastname@example.org or throught a written request sent to nicline.com registered office, aforementioned and a copy of your ID card (Passport, etc.), explaining in detail their request.
12.6. Pursuant to Section 11 of the LOPD and further regulations, nicline.com hereby confirms that it will carry out as many personal data transfers or communications as neccesary to comply with the obligations required by competent authorities and/or any other entity, according to the applicable legislation.
In full compliance with the electronic communications and public networks Act 25/2007 of October 18 nicline.com hereby confirms users that it shall earn the right to keep and retain all traffic data produced in the course of communications when required by competent bodies.
As a result of the domain names registration service provided and following ICANN requirements or the competent registrant entity requirements, the domain holder authorizes the publication of holder, administrative, technical and billing contacts data which all need to be public and accesible from the Whois Database. Therefore, the RSP is compelled to obtain authorization to publish data aforementioned.
Consequently the RSP shall be made responsible for announcing domain holders that their personal data will be transferred to later be treated by nicline.com. Nicline.com shall be entitled to make all personal data available for all nacional or internacional entities requiring such data complying with the aforementioned liabilities and obligations.
Likewise, the RSP is compelled to announce the Wholesaler that all his personal data and also data from the domains he manages shall be transferred and manage by nicline.com for the purpose of rendering services in full compliance with this Data Protection Policy.
Consequently, the Wholesaler is compelled to obtain suthorizations form the domain holders that he manages and report on such authorizations. In the case that RSP and domain name holder were not the same person, the RSP shall be the sole responsible for obtaining authorization to making public the aforementioned data.
Therefore, the RSP shall be made responsible for announcing domain holders that their personal data will be transferred for treatment to nicline.com. Nicline.com shall be entitled to make all personal data available for those nacional or internacional entities requiring such data, in order to be able to provide the services.
Pursuant to section 42 of Commercial Code, nicline.com can also transfer personal data - only for the purposes detailed trough this policy - to any of the companies from its Enterprise Group and which provide domain names services and other similar services, for which the user/RSP gives his consent in advance.
12.7. The RSP accepts and acknowledges that all data provided are true and accurate and, should he edit or change it, he commits himself to keep all data updated, not being able to use the identity of another person nor to communicate other people's personal data, except in the case of having a legally accredited authorization.The RSP shall be the sole responsible for keeping all data information true and accurate and managing all domain data accuracy disputes.
For these purposes, the RSP will be the sole responsible for any direct and /or indirect damage to third parties or to nicline.com for using another person’s data or of his own personal data when they are false, erroneous, non updated or inadequate. Likewise, the RSP shall be made responsible if he publishes personal data of a third person pursuant to section 5.4 of the LOPD in the case data have not been obtained for the concerned person and /or the consequences of failing to inform him.
12.8. Pursuant to section 12 of the LOPD and concordant articles of the Royal Decree 1720/2007, of December, 21 for which the Development regulations of the LOPD (RDLOPD) is approved, the access and treatment of personal data (responsibility and ownership of the RSP) by nicline.com, - for the proper provision of contracted services - will not be considered announcement and transfer of data. In these cases, nicline.com shall act as the one in charge of the treatment of data and will carry out the access and/or treatment of data according to the following terms:
12.8.1. nicline.com will only deal with data according to the RSP instructions, which is the responsible for the running of data and they will not be used with a different purpose to the one indicated in this policy. NicLine.com shall not transmit data even for its preservation, to another non-authorized person and will be the responsible to transfer data to a third party, previous instructions of the RSP responsible for the treatment of data, pursuant the applicable legislation.
12.8.2. Personal data, documents where data are indicated as well as any kind of information created while the service is provided will be destroyed when the service is terminated.
Nevertheless, during the time that any liability may arise from its relation with the RSP, nicline.com may maintain blocked the aforementioned data.
12.8.3. nicline.com shall be made responsible for the treatment of data, in the cases they are used for another purpose, the data are communicated or used breaching the service agreements.
12.8.4. Pursuant to section 10 of the LOPD, nicline.com is committed to maintain proper confidentiality regarding personal data to which it must access and/or deal with the purpose of fulfil in each case with the aim of the service provided, during and also after the termination of the service, committing itself to use this information only for the purpose planned in each case and to demand the same level of commitment to any person working in the entity who take part in the running of personal data, responsibility of the RSP.
12.8.5. nicline.com has adopted the necessary measures to guarantee the security of the personal data, in agreement with the established in Title VIII of the RDLOPD, and guarantees that personal data will only be registered in files that meet the requirements specified in the current legislation.
In this sense, and regarding the ways to access the data, taking into account that nicline.com provides services in its own domicile, being different from the RSP responsible of the treatment of data, the RSP will collect in its security document the circumstances regarding the treatment of data in the terms required by the applicable legislation, incorporating the safety measures to implant regarding data.
12.8.6. In the case data are necessary for the service provided, the RSP authorizes Nicline.com, acting as the one in charge of the treatment of data to subcontract to third parties on behalf of the RSP, the services of storage and care of backups taking into account at any moment the obligations included in the LOPD and its regulations. nicline.com executes with the subcontracted enterprise a contract of data access for the services provided, to comply with section 12 of the LOPD and section 20 of the RDLOPD, acting according to the requirements registered in these clauses.
The RSP as the person in charge of the treatment of data, will be able to contact at any moment with nicline.com with the purpose of knowing the identification data of the organizations that are subcontracted for the services provided.
12.8.7.Likewise, the RSP responsible for the treatment of data authorizes nicline.com to carry out the following actions as long as they are accredited to be necessary to provide the services and with a maximum length similar to the validity of the service agreement and/or the authorizations carried out:
The RSP shall contact the nicline.com’s Registration Department via the following email: email@example.com.
Any technical notifications that nicline.com sends to the RSP shall be sent from the email account corresponding to its Login, which is subject to the obligation envisaged in clause 5.9 of this contract.
The RSP may not assign the rights and obligations arising from this contract to third parties without the prior agreement in writing of nicline.com.
Exclusively for the .mobi domain names, mTLD Top Level Domain Ltd. ("dotmobi"), is the authorized Registry considered as a third party beneficiary . Consequently, the parties of this contract recognize and agree the rights of dotmobi as third party beneficiary, they have granted the rights of dotmobi of a third beneficiary under this agreement, and agreed that nicline.com shall be the accredited registrar for. mobi domain names. Besides, the rights of the third beneficiary shall remain once the contract has ended.
FIFTEEN.- LIABILITY AND GUARANTEE LIMITATION
15.1 Under no circumstances, may nicline.com, nor the managers and top executives, administrators, shareholders, agents or workers dependent on the company, be directly or indirectly liable in any lawsuit relating to the use that the customer makes of the nicline.com service.
15.2 The parties acknowledge that the coming into force of this contract does not suppose any type of representation, delegation, guarantee or other agreement different from those expressly described in this contact. Therefore, all the terms, conditions, guarantees or other aspects covered by general regulations or agreements are explicitly excluded up to the limits allowed by Law.
Should any clause of this Contract be declared totally or partially null and void by any court or competent authority, the remaining clauses shall remain valid, unless the parties decide to terminate the contract, with an exception being the obligations that may arise from the regulations of the relevant registries.
SEVENTEEN.- APPLICABLE LEGISLATION AND COMPETENT COURTS
17.1 Spanish legislation shall apply to everything that is not envisaged herein, as well as to the interpretation and resolution of any dispute that may arise between the parties as a result of this contract, except as to everything related domain registration and ownership, which will be preferentially governed by the ICANN rules.
17.2 Should a dispute or difference in the interpretation and performance of this contract arise and not be solved by mutual agreement, the parties hereby agree that either party may bring any such dispute to be solved by the Chamber of Commerce and Industry of Logroño, after having informed the other party in writing. The arbitration shall be held in Logroño and shall be conducted pursuant to the Spanish Arbitration Act 60/2003, of December 23, and the Regulations of the Chamber of Commerce.
Arbitration will be held in Logroño, La Rioja, Spain according to the Arbitration Act 60/2003 of December 23 and the Arbitration Court at La Rioja Chamber of Commerce & Industry.
Should a dispute be filed by a user or customer the Spanish Consumer Protection Royal Decree 231/2008 of February 15 enforcing the User/Consumer Arbitation System will be the ruling law to solve all disputes.
17.3 All the above shall be without prejudice to the parties being able to start legal proceedings. The parties hereby agree that they shall submit any such dispute to the Courts and Tribunals of Logroño and hereby expressly waive their right to any other jurisdiction to which they may be entitled. Should the dispute be submitted by a consumer or user, nicline.com will refer to the provisions of the current procedural rules.
17.4 Wherever reasonably possible, this agreement will remain valid during the proceedings regarding any dispute and/or arbitration or legal proceedings. Should any or all sections of this Agreement be rendered null and void in whole or in part by a tribunal or competent body all remaining sections will stay valid unless otherwise established by the parties.
ANNEX I – SEDO SERVICE AVAILABLE FOR THE RSP
1.1 nicline.com offers its RSP an optional activation of four services provided by SEDO, for his Wholesalers and his/her domains names. These are:
The PPC service and the registration to the SEDO catalogue will be offered free of charge to the RSP.
The additional services of Domain Appraisal and Domain Brokerage, can be contracted directly through the domains administration tools at Sedo, and for each case, shall abide to the tariffs established by Sedo available at its Web page, http://www.sedo.co.uk/services/prices.php3?language=e
The RSP can request the activation of these services for his Wholesaler, whom can choose themselves which domain they wish to put up for sale.
1.2 The RSP who will activate the PPC service, will receive from Sedo, a commission on the number of clicks generated by the users on the links of his/her domains.
For the domains on sale catalogue, SEDO will process itself the sale of these domains, and shall receive the commission as shown on its Web Site.
The RSP, from its Control Panel, will be able to decide whether or not to activate the PPC services or the Catalogue of domains on Sale, for each of the Wholesalers.
The RSP will also be able to decide whether the commissions per clicks generated through the PPC will be assigned to the corresponding Wholesaler or to the RSP itself.
For the first activation of Sedo’s services for one of the Wholesalers of his account, and only in the case that the account is assigned to the RSP, the latter will have to fill in a form, from where the details of the RSP will be collected to register the Sedo account (except if it is already a Sedo client).
nicline.com will transfer to Sedo, with the sole intention to comply with the service, the indicated user name, password, the account details for the RSP and, if applicable, of the wholesaler, amongst others, name and surname, company, postal address, telephone number, e-mail address and language.
These details can be modified by the RSP and/or the Wholesaler at any moment, from the tools of nicline.com ( control panel or wholesaler extranet), or from your SEDO account ( which you can access from the SEDO web page), but you have to take into consideration that if you will modify it from the latter, the nicline.com tools will not be updated, and as a consequence you will not be able to take any relevant actions relative to SEDO from it.
From the wholesaler extranet it will be possible to associate and/or dissociate the both Sedo PPC and also the sale of domains, from the registration and modification options. For any other modification of the Sedo services, like the parking categories configuration, the configuration of minimum and maximum selling price, and the bank details will have to be accessed from Sedo Account.
1.3 The Wholesalers of an RSP can only use the PPC services of Sedo in the case that the RSP has activated this option from his control panel. In the cases, where besides, the actual Wholesaler also received a commission from SEDO, he/she will have to fill in the form to register as a Sedo user (except if s/he is already a Sedo client), in the same manner that is show in the RSP clause.
During the registration process of a domain from the Extranet, the Wholesaler will be able to activate the PPC Sedo Service personalized for each registered domain.
Likewise the Wholesaler can choose (in an individualized and massive form) those domains which would like to include show case at Sedo of domains for sale.
1.4 For all those domains for which the Sedo PPC is activated, the system will not take into consideration the selected DNS chosen by the RSP for the Wholesaler, but the DNS associated to the Sedo Service will be assigned to the domain, by default.
In the case of not activating the PPC of Sedo, the system will take into account the DNS indicated by the Wholesaler in the Extranet.
When the RSP or the Wholesaler, solicit the deactivation of the PPC of Sedo for any of his/her domains, the form will ask to associate the new DNS of the domains (will dissociate the DNS of Sedo).
1.5 nicline.com will not assume any responsibility for the clients usage, in relation to the services offered by SEDO.
In no case, nicline.com will be made responsible for the legal demands that third parties might impose due to possible domain theft, which have a SEDO account activated.
ANNEX II – WHOIS PRIVACY SERVICE
2.1. NicLine´s Whois Privacy Service provides an Identity Protection Service to conceal Holder data and/or Administrative and Technical contact data associated to .com, .net, .org, .info, .biz, .ws, .mobi, .cat, .tv, .cc, .es, .com.es, .nom.es, .org.es domains and the following IDN domain extensions: .com, .net, .org, .cat, .com.es, .nom.es, .org.es, .ws, .tv and .cc. by substituting such data from data taken out of nicline.com´s Virtual Office.
NicLine´s Whois Privacy Service is available for RSPs, Wholesalers, and their domain names all through Wholesalers´ Extranets.
2.2. NicLine´s Whois Privacy Service is available in two different versions:
2.3. Activating either one of the two available Whois Privacy Service versions means Holder´s data and/or the Administrative Contact and Technical Contact´s data for a given domain name as seen in the Public Whois Database will be substituted for the following data taken out of nicline.com´s Virtual Office:
2.4. The RSP shall pay for the Whois Privacy Service in advance depending on his NicLine RSP level and what kind of Whois Privacy Service he has picked:
Find below the Whois Privacy Service yearly cost:
· VIP: $4,29
· Professional: $4,59
· Basic: $4,79
· Initial: $5
Find below the Whois Privacy Complete Service yearly cost:
· VIP: $5,29
· Professional: $5,59
· Basic: $5,79
· Initial: $6
Notwithstanding the above yearly cost of the very first service activation shall be prorated so it can be adapted to this service term according to the following Clause:
2.5. The Whois Privacy Service shall be activated for annual terms with a maximum 10-year term always knowing that the service expiration date shall not outdate the domain expiration date to which it has been associated to.
However for the very first activation the service expiration date shall adapt itself to the domain expiration date to which it has been associated prorating the service yearly cost on the merits of this service term.
Also if the very first service activation is hired together with a Registrar change of the same domain the service has been associated to, the Whois Privacy Service expiration date shall be extended to match the domain new renewal date derived from this Registrar change.
2.6. All Whois Privacy Service renewals shall occur on a yearly basis from one (1) year to a maximum nine (9) years only always knowing that the service expiration date shall never outdate the domain expiration date to which the service has been associated to.
Applicable renewal rates for the Whois Privacy Service can be read on Clause 2.4 of this Annex.
Not renewing the Whois Privacy Service associated to a domain name when expiration date has come means the service shall be technically deactivated five (5) days after the service expiration date so the Holder´s real data and the Administrative Contact and Technical Contact´s real data shall become public on the Public Whois Database.
2.7. Through the Wholesaler Extranet you will be able to deactivate all Whois Privacy Services remaining active. After deactivation the Holder´s real data and the Administrative Contact and Technical Contact´s real data shall become public on the Public Whois Database.
Once deactivated the Whois Privacy Service can de reactivated back again on a free basis as long as reactivation takes place before the service expiration date.
Number of activations/deactivations of Whois Privacy Service will be limited to a maximum of 10 activations/deactivations per month.
2.8. On top of meeting all requirements set forth in the fifth Clause of this Service Agreement on operations performed on domain names the RSP shall be urged to meet all of the following obligations on the Whois Privacy Service activation:
2.9. Nicline.com shall not take responsibility whatsoever for communications received through the Virtual Office on the Whois Privacy Service.
The RSP expressly waives and relinquishes to claim any all contractual or extra contractual responsibilities, and damages against nicline.com derived from loss, damage, or delay in reception of those communications received through the Virtual Office on any given domain name.
So nicline.com shall not be made responsible whatsoever for the loss or damaged caused upon mails shipped to nicline.com´s Virtual Office P.O. Box.
Nicline.com shall not be made responsible either for any all flaws, delays, or mistakes coming from the e-mail redirection dynamic system offered through the Whois Privacy Service without detriment to the applicable law.
Nicline.com shall not be made responsible whatsoever for the criteria followed to classify all communications received through the Virtual Office or the destruction of those communications labelled as commercial ads.
Nicline.com reserves the right to suspend, terminate, or block the Whois Privacy Service:
· To a, .mx, .com.mx, .org.mx bide by the governing law on domain names as set forth by ICANN or the competent body and comply with any all legal requirements and Dispute Resolution Proceedings.
· In all cases of breach of terms and conditions of this Service Agreement.
· For fraud, and illegal use of the Whois Privacy Service.