1.1 As an accredited ICANN registrar (Organisation responsible for Assigning Names and Numbers on the Internet), Nicline hereby outlines the main features of its service regarding renewal and management of generic domain names, with the aim of facilitating each RSP with obligatory compliance of keeping Domain Resellers and owners informed of the obligations and responsibilities they take on when voluntarily accepting the renewal and maintenance of a domain name.
This Policy will also be applied to territorial domain name owners (.ws, .tv .cc) which to this effect act as generic domains.
1.2 With the aim of safeguarding the correct operation of all domains, ICANN, the international non-profit making organisation responsible for managing generic and territorial domains, has established new tasks and changes in the renewal and management of domain names. These measures affect all accredited registration agents and are mandatory for each RSP, Domain Reseller and domain name owner.
One of the new measures is the Expired Registration Recovery Policy (ERRP).
The main modification to said regulation concerns Registrars' obligation to inform domain name owners of deadlines, costs and procedures relating to their renewal.
2.1 Once the domain name has been registered or transferred via nicline.com, and whenever nicline.com is the Registrar, it will take responsibility for its renewal at the cost specified in each case, as outlined in this Policy, in the Nicline RSP Contract (available at http://www.nicline.com/lang/es/compania/contract.htm and http://www.nicline.com/).
2.2 The RSP must pay the cost of maintenance or renewal in advance, sufficiently prior to the expiry of the domain name in order to thereby efficiently and rapidly process said domain name maintenance (renewal), and avoid its potential loss.
If the RSP does not satisfy advance payment in the period stated by nicline.com, the company (Nicline) will take no responsibility for loss of the domain name that said delay may entail.
If registration and renewal fees are not paid in the specified period, the domain will be cancelled. The RSP accepts that VeriSign, Inc., Public Interest Registry, Afilias Limited, Global Domain Internacional, Inc (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltd.), Telnic Limited, or the Registry corresponding to new domain names (nGTLDs), are in no way responsible for said cancellation.
2.3 If a domain with a generic or territorial name of .tv, .cc and .ws is not renewed before its expiry date, it will go through the following phases before becoming freely available:
nicline.com will inform the RSP of any modification made concerning the conditions and duration of these periods by the relevant bodies.
2.4 The RSP understands that nicline.com are responsible for the renewal and maintenance of the domain name with the relevant bodies, although the effective renovation of said domain name is the responsibility of the relevant Registrar, meaning nicline.com will not be responsible for renewals which are not effectively undertaken for causes attributable to the relevant Registrar or Registry.
2.5 The RSP is responsible for renewal of the domain name, meaning nicline.com will take no action if necessary payment prior to domain renovation is not received.
2.6 As domain resellers, each RSP and his or her distributors must inform domain owners of the procedures and obligations established in the current Policy.
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.
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.
2.7 Pricing levels stipulated in this Policy may be the object of modification by nicline.com.
Should nicline.com effect a price change, it will notify the RSP of said modification before he or she is affected by the price difference in the following invoice received (for renewal of the domain name), meaning that if the RSP does not agree to said change, he or she may exercise the right to terminate the service without the need to pay any additional amount to nicline.com while their regular payments are maintained. The service will be resolved once the advance payment period expires, meaning that it will be deactivated if the new price remains unaccepted.
2.8 The amounts mentioned in this policy and at http://www.nicline.com/ do not include Value Added Tax (VAT). In any case, the RSP must pay the VAT that corresponds to the service purchased.
2.9 The RSP, Reseller and domain name owners may find more information about domain names and their renewal and management procedures at the following URL which contains educational material from ICANN: http://www.icann.org/en/resources/registrars/registrant-rights/educational.
They may also consult the original ICANN Policy, ERRP (Expired Registration Recovery Policy), at https://new.icann.org/resources/pages/errp-2013-02-28-en .
3.1 As an Accredited Registrar and in compliance with ICANN Policy, nicline.com must send a series of notifications to the email address that appears in their data registry of the domain owner, 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.
3.2 Irrespective of these notifications, renewal of the domain name will follow current established procedure according to that which is outlined in the second clause of the current Policy and in the Nicline RSP Contract (available at http://www.nicline.com/lang/es/compania/contract.htm and at http://www.nicline.com/).
3.3 ICANN Policy establishes the mandatory requirement of sending three informative notifications to the owner's email address:
3.4 Therefore, the RSP and the domain name owner authorise and allow nicline.com, as an authorised domain name Registrar, to send the aforementioned messages to the owner's email address.
As stated in clause 2.6 of the current Policy, 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 domain owner.
If existing information in the domain data registries published in the public “whois” database is untruthful, the RSP and the domain owner also undertake to update said information as soon as possible, since intentionally providing incorrect information constitutes a material violation of the regulation applicable to domain names and may even lead to cancellation of the domain name.
It is therefore necessary for the email address provided with the domain name owner's information to be fully operational. Moreover, it is advisable to create a specific email address for this purpose. Likewise, the RSP and Reseller will be responsible for keeping their contact information with nicline.com updated.
4.1 nicline.com acts as an authorised ICANN registrar for all processes relative to second-level domain names .com, .net, .org, .info, biz, .mobi, .ws and .tel. In all other cases nicline.com acts as an intermediary between the Registrar and the RSP and/or the domain name owner. In both cases, nicline.com will carry out the relevant processes and payments in order to renew and maintain the domain name held.
4.2 nicline.com will not be responsible for the effective renewal or maintenance of a domain name, even when nicline.com have completed all the relevant procedures established by the corresponding Registrars. nicline.com will only respond to those cases in which renewal or maintenance not carried out is the consequence of negligent action by nicline.com that is comprehensively substantiated.
In effect, among others, the domain name selected by the RSP, the Reseller or the domain owner may not be renewed and/or maintained due to technical reasons (server breakdowns, Internet incidences), any action by the relevant Registrar, or due to non-compliance by RSP, the Reseller or the domain owner of any essential requirement demanded by nicline.com or by the relevant Registrar of the corresponding domain name.
The RSP, the Reseller or the domain owner therefore specifically refuse to claim any contractual or extra-contractual responsibility, damages or loss from nicline.com, the relevant Registrar or corresponding Registries for not obtaining the renewal of the domain name affected, without prejudice to any legal action they may be entitled to undertake via the relevant bodies, or that which is outlined in existing legislation.
If failure to renew the domain name were due to negligence by nicline.com, the amount forwarded by the RSP to obtain this service will be refunded, all without prejudice to the legal action they may be entitled to undertake.
4.3 Neither nicline.com, nor the corresponding Registry will be responsible for the possible direct or indirect damage caused by non-compliance of the governing relation concerning domain names by the RSP, the Reseller or the domain owner.
4.4 nicline.com reserves the right to not carry out domain name renewal or maintenance whenever the RSP has not made the corresponding payment in the timeframe established to ensure the renewal.
The fees applicable to the renewal of generic and territorial domain names .ws, .tv and .cc. will be those that correspond to each RSP, within the sections published on the nicline.com website, http://www.nicline.com/prices/index.htm.