[This translation is provided by nicline.com as a courtesy. However, the Domain Holder should take into account that the original language of the registration 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]
This document sets forth, in a non-restrictive way, the obligations corresponding to a domain name holder (hereafter the holder), so that the end user of the service, is duly informed about the conditions and obligations he assumes by registering and maintaining a domain name and with the aim of helping each RSP to fulfil the obligation to keep the Holder of a domain name informed:
1. Use of the information provided
ICANN, EURid, AFNIC, Red .es and Fundació puntCAT, Accredited Registrar nicline.com has been authorized to resell Second-Level Domain Names - 2TLDs. such as com, .net, .org, .info, .biz, .mobi, .tel, .ws, .eu, .cat, .tv, .cc, .es, .com.es, .nom.es, .org.es, .mx, .com.mx, .org.mx and .es-IDN capable extensions - .com, .net, .org, .eu, .be, .fr, .cat, .es, .com.es, .nom.es, .org.es, .ws, .tv and .cc. Thus nicline.com shall take all necessary measures to renew and maintain domain names and proceed with all those Changes of Ownership and Changes of Registrar requested by the RSP through NicLine fully automated tool provided for such purpose.
The Holder will have to provide and maintain updated the details of the domain registration so that these are complete and accurate during all the domain lifetime.
When requesting the registration, transfer, change of ownership or other data, change of registrar etc. the owner of the domain name (registrant), directly consents and authorizes the collection and transfer to the competent body, including the processing and publication of the data related to the public whois information: (i) name of client, postal address, active email address, fax , telephone number, language etc. for himself, for the technical and administrative contact, as well as (ii) the name of an authorized person, whom will be contacted in the case that the owner is an organization, association or cooperative. (iii) the IP address of the primary server and any other secondary server. (iv) the corresponding names of any of the servers and (v)any other data of the registered domain name which should appear on the database of Whois, just as required by the competent Registrar and Registry.
Additionally for .eu, .be and IDN .eu domains:
· The e-mail address provided should be fully operative, and is recommended that a specific email should be used exclusively for this purpose.
· Depending on the legal nature of the holder (physical or legal entity), some of this data will be exclusively for the internal use of the Registry.
· The holder will immediately inform EURid and/or DNS.be through nicline.com of every change in its data of whois. Any omission or delay in reporting such changes may constitute the basis for cancellation of the registration agreement.
When it comes to Dot Mobi domain names the Holder hereby explicitly acknowledges his obligation and responsibility 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.
The Holder agrees that the wilful provision of false or misleading information or the wilful failure to update this information shall constitute an immediate breach of this contract and shall be a basis for cancellation of his domain name.
If the Holder licences the use of the domain name to a third party, he will remain responsible of this domain name and therefore for any obligations arising from its use, as long as he continues being the domain holder.
The holder acknowledges and agrees to the use, copying, distribution, and publication of some of the personal data provided during the registration process according to the ICANN (Internet Corporation for Assigned Names and Numbers) policy. Moreover, the holder accepts that the ICANN could impose guidelines, limits and/or conditions related with the quantity and type of information that the Registrar could or should put at the disposal of public or private organisations. Except as otherwise set forth herein, the Registrar will not reveal the holder’s personal information to third party unless it is necessary to maintain his domain name.
The holder authorizes EURid and/or DNS. be to process and transfer to third parties the data included in a .eu, .be and IDN .eu domain registration request in the following cases:
a. If it is requested by a public agency in the exercise of its legitimate tasks.
b. At the request of the Alternative Dispute Resolution Service Providers mentioned in section 16 of the Terms and Conditions of registration of .eu domains, available at http://www.eurid.eu/, and in article 10 of the Terms and Conditions for .be domain names, published at http://www.dns.be/ .
c. According to what is established in section 2 (Function of Whois search) .eu Whois policy published in: http://www.eurid.eu/ and in article 7 c) of the Terms and Conditions for .be domain names, relating to the disclosure of the data contained in the Whois, published at http://www.dns.be/ .
The holder authorizes and consents nicline.com, to yearly contact him with the intention to verify that all the existent data available on the database published in whois are correct. In the case that the existent information in the database is not correct, the holder also commits to process, in the shortest time possible, to update information. Since deliberately providing incorrect information constitutes a material breach of the contract of domain names, and shall be the basis of cancellation of its domain name(s).
The domain name owner therefore undertakes to perform the verification tasks of his or her domain's information according to ICANN requirements, and that which is outlined in the second clause referring to usage Policy and, especially, “whois accuracy” procedure. The wilful provision of false or misleading information shall constitute a material breach of the domain name agreement and be a basis for cancellation of its domain name.
2. Policy of use
2.1 The domain name holder acknowledges and agrees to fulfil the terms and conditions of this agreement, the Uniform Domain Name Dispute Resolution Policy as well as any other agreement or policy published by the competent Registry or ICANN through its official website or the following URL: www.icann.org/en/general/consensus-policies.htm
Additionally the holder declares that he agrees and accepts and that he should abide , in all circumstances, with the compulsory requirements of all the norms and regulation applicable to domain names, .eu and 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/)
The Holder acknowledges that nicline.com, EURid and/or the corresponding Registry could modify these terms, if necessary, in order to fulfil its agreement with ICANN of any other competent organisation.
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 domains, 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/)
The .mobi domain owner knows, accepts and agrees that he should abide to the requirements, norms, politics, procedures and practices available in the style guide for the .mobi domains. (pc.mtld.mobi/mobilenet/dotmobi_guides.html ) and accepts the supervision of his web page in order to verify it complies with such guidelines . Additionally the domain owner, knows and accepts that this Guide is subject to change from the Registry, and commits himself to comply to such changes, in the specified time indicated.
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:
· The use of all Dot Mobi domain names will be subject to the Premium Dot Mobi domain name Agreement found on http://mtld.mobi/node/1135.
· When a Premium Dot Mobi domain name expires or is cancelled all rights held by the domain Holder will be terminated including auth-code rights and the associated website. All these rights will be held by the Registry back again. The Registry holds the right to grant such these rights to third parties at will while former Holder will not be able to claim the aforesaid rights back again.
Periodically, the Registry and/or the Registrar shall verify that such requisites are being fulfilled, notifying the administrative contact of the .mobi domain, if they are not being fulfilled.
The web pages which do not comply with these requirements for more than 60 days, shall stop working. These domain names shall be blocked by the registry (Registry -Hold), however they shall still continue to be registered in the name of the domain owner.
The complete procedure can be consulted at http://pc.mtld.mobi/switched/reg_compliancepolicy.html
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/.
In this way, the domain holder acknowledges and accepts that - for .es domains - the administrative, technical and payment contacts must be physical persons.
With respect to ccTLDs .mx domain names, the Holder acknowledges and accepts that he must fulfill the requirements demanded to apply for a.mx domain name, the grounding policies, as well as all the established by the entity in charge of registrations, Registry .MX, through http://www.registry.mx/.
With respect to Dot Tel domain names the Holder 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.
The owner acknowledges and accepts the domain names minimum allowed lengths – four characters for every dot tv and three characters for every single dot cc to be registered.
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/.
Once a .cat and IDN .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.
All .cat and IDN .cat domain names can be registered using promotional codes or without the insertion of such codes.
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 holders trying to register a .cat domain name shall be entitled to provide the Fundació PuntCAT-granted .cat promotional code during the .cat domain name registration stage.
Once Nicline.com has sent the domain name registration request, together with the .cat promotional code indicated to the Fundació PuntCAT, the code will be validated and the .cat domain name registration proceedings initiated.
Shall Fundación PuntCAT declares a promotional code as invalid, the .cat domaine name registration will not be carried out and Nicline will inform about it. The amount paid for the .cat domain name registration request will be refunded.
The holder recognizes and accepts that the .cat domain names will accept the eleven special characters of the Catalonian (à; ç; è é; í; ï; l•l; ò; ó; ú; ü).
Once registered a .cat domain name with special characters, it will be also registered the .cat domain name equivalent, without the special characters. In these cases the price will be that of a single domain, but both domains will be united in all the aspects (contacts, servers, use, etc).
A same .cat domain name, with and without special characters, in no case will be able to be registered by two different holders, and therefore both domain names will belong always to the same holder.
In any case, the holder accepts that the Registry will be able to agree in a future, to differentiate both versions of the domain name and to begin to manage of independent form each of them, including taxes.
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 inform on this situation and money for this failed .cat domain name registration attempt shall be refunded.
2.2 The fees for the registration and renewal of a domain name, as well as the cost set for any service related to the domain names shall be paid in advance. Should the fees corresponding to the registration or renewal of a domain name go unpaid within the time period established, the related domain name will expire and be cancelled. The holder acknowledges and agrees that VeriSign, Inc., Public Interest Registry, Afilias Limited, Global Domains International, Inc (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltd.), Telnic Limited, EURid, DNS BE, AFNIC, Red .es, Fundació PuntCAT and the Registry .MX are released from any responsibilities regarding such cancellation.
Should a domain name renewal go unpaid 6 days after its expiration date, the domain name will be placed in “Registrar Hold” status and get deactivated for 24 days. Thirty days after its expiration date, the domain name will enter in a phase called “Redemption Grace Period” for an additional 30 days period. NicLine.com is not liable and is released from any responsibility should a domain name in Redemption Grace Period not be effectively reactivated. Once this period is finished, the domain name will no longer be renewable and will be fully deleted and available for a new registration within five days.
The .eu, .be and IDN .eu domain names can be reactivated in a maximum of a 40 day period, immediately after its cancellation (because domain has not been renewed or any other cause).
Should a .fr domain name renewal not carried out when arriving its expiration date, 5 days after its expiration date, the domain will be placed in “Registrar Hold” status during 15 days, being technically deactivated. After that, 20 days after its expiration date, the domain name will enter in a phase called “Redemption Grace Period” for an additional 30 days period technically deactivated. Once this period is finished the domain name will no longer be renewable and will be fully deleted and available for a new registration.
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.
nicline.com will inform of any modification on the specifications and duration of these periods by the competent organizations.
2.3 The request of a domain name registration or any other requests regarding this one means the acceptance and submission on the part of the domain name holder of the rights and responsibilities of the domain name holder, available for consulting through ICANN official website: http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.
By virtue of the domain name registration, the individual who appears as the holder acquires the sole right to use the above mentioned domain name for its forwarding in the Internet Domain Name System during the period determined by the competent Registry, as long as he supports the payment of its renewal and assumes all the obligations related with its ownership, as well as the terms established by the competent Registry and the ICANN.
Therefore, the holder assumes the sole responsibility and the exclusive risk regarding the conformity of the domain name requested with the competent Registrar and/or Registry policy in any event and at any time.
The Holder shall be sole responsible for his domain name selection. Prior to signing contract with nicline.com the Holder is compelled to visit the Whois Data Base and check that the domain name he wants to pick has not been registered. Nevertheless, due to the merely informative nature of the search, if the domain name results to be available, it shouldn’t be interpreted in a restrictive way, as the database might not have been updated or the domain name could get registered in the laps of time between the registration request by the RSP and the confirmation of the registration.
During processes of Change of Registrar towards nicline.com the Holder shall fully comply with ICANN regulations which prohibit Changes of Ownership whenever a Change of Registrar is underway. Thus all Change of Ownership requests when a Change of Registrar is underway shall be bound to NicLine proceedings or the Registry´s depending on each particular case.
2.4 The applicable policy for renewal and notifications related to the validity of domain names, will be the official one of the ICANN (“Expired Registration Recovery Policy”) and can be consulted at http://www.icann.org/en/resources/registrars/consensus-policies/errp.
As an Accredited Registrar and in compliance with that which is outlined in the ICANN Policy, 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 available at http://www.nicline.com/lang/es/compania/contract.htm.
Therefore, the domain name owner authorises and allows 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 domain name owners at http://www.nicline.com/company/generic-domain-renewal-policy.htm
2.5 The holder agrees to be bound, at any time, by the terms and conditions of the competent Registrar, the Registry, EURid, AFNIC, Red .es, Fundació PuntCAT and the ICANN. The holder assumes exclusively the consequences arising from the breach of these terms and conditions.
The most important addresses to consult these conditions and policy are:
The holder is solely responsible for the use of the domain name, therefore the competent Registrar (nicline.com) is exempted of any kind of responsibility related with this use.
The domain owner understands and accepts the prohibition to use of the domain name for any illegal activity. The holder warrants to NicLine.com that the domain name chosen has been registered neither for illicit purposes nor for infringement of thirds party intellectual or industrial right or any other third party right or interest.
The domain owner compromises not to use to use his domain name to send unwanted commercial communications, in contradiction with any applicable norm.
The Holder is the sole responsible of the content of his web site, of the information transmitted and stored, of his exploitation, of the hypertext links, of the claims of third parties, and of any legal action that could arise from its use regarding intellectual property, personality rights and minor protection.
The Holder is responsible regarding the laws and regulations into effects and the norms related with the online service operability, electronic commerce, royalties, maintenance of the public order and universal principles of use of the Internet.
2.6 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:
· To fulfil the ongoing legislation or the requirements of any pending dispute resolution process.
· In case of a breach of the terms and conditions of this agreement.
· To prevent any civil or penal liability from nicline.com, the Registry or its corresponding directors officers, employees, agents, affiliates and shareholders.
· To amend any mistake attributable to nicline.com or to the Registry in relation with a domain name.
· To guarantee the integrity and stability of nicline.com and the Registry.
2.7 The Holder expressly renounces any claim for any contractual or extra-contractual responsibility or damages towards nicline.com and EURid, DNS.be, AFNIC, Red .es, or Fundació PuntCAT, including to the corresponding Registry, because he hasn’t obtained the registration or the renewal of a domain name, without prejudice to the exercise of the legal actions against the competent organisation.
The domain name Holder accepts that neither nicline.com nor the competent Registry have any kind of liability for the loss or the assignation of the domain name, among others should the domain name does not correspond to the Holder’s expectations.
Should the registrant fails to duly use the domain name: a) either because it hasn’t been renewed and before it becomes available for a new registration b) or because the domain name falls into mere disuse during its lifetime, the domain name Holder shall continue to fulfil the obligations assumed formerly towards the Registry, the competent Registrar and any third parties.
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.
2.8 After request from the domain Holder and only when necessary nicline.com shall give the domain Holder the authorization code within ten (10) calendar days.
3. Guarantee Discharge and Responsibility Limitation
3.1 Once this Agreement has become effective the Holder shall understand and accept that such an Agreement does not mean any other representations, guarantees or legal provisions different to those contained herein. Any other terms, conditions, guarantees or contractual issues coming from general rules and regulations shall not be binding to the maximum extent permitted by the law.
Without prior written consent from nicline.com the Holder shall not be allowed to grant rights or obligations from this Agreement to any third parties. Should the Holder obtain such prior written consent he shall be compelled to abide by all rules and regulations from the Registry to be able to grant rights or obligations to any third parties.
3.2 nicline.com or VeriSign, INC, Public Interest Registry, Afilias Limited, Global Domains International, Inc (GDI), Neulevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltd.), Telnic Limited, EURid, DNS.be, AFNIC, Red .es, Fundació PuntCAT, Registry .MX or the competent Registry organisations, as long as it is legal, are released from any responsibilities for damages that could be caused to the holder arising from the loss caused as a consequence of (i) domain name processing by nicline.com, (ii) the modification of the domain name registration during the domain lifetime, (iii) the lack of payment of the registration or renewal fees by its representative, or (iv) the application of the Dispute Resolution Policy.
The holder agrees not to claim, neither judicially nor extra-judicially, against nicline.com, VeriSign, Inc. , Public Interest Registry, Afilias Limited, Global Domains International, Inc (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltd.), Telnic Limited, EURid, DNS.be, AFNIC, Red .es, Fundació PuntCAT, Registry .MX or competent registry organisations.
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 holder makes of the domain name.
The Holders acknowledges and accepts that, in cases when nicline.com incurs in any responsibility, this liability shall never exceed the refund of the fees paid to nicline.com for the service.
Should the contract be terminated or discharged, due to the aforementioned causes or any others envisaged by law, the domain name holder is to comply with its obligations assumed prior to the termination of the contract with respect to nicline.com, to the Registry and to third parties.
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.
The holder agrees to indemnify, defend and hold harmless nicline.com, VeriSign, Inc., Public Interest Registry, Afilias Limited, Global Domains International, Inc (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltd.), Telnic Limited, EURid, DNS.be, AFNIC, Red .es, Fundació PuntCAT, Registry .MX or any competent registry organisation, his directors, officers, employees, agents, and shareholders from and against any claim, damage, responsibility, costs and expenses, including legal fees and reasonable costs that could incur in relation with the domain name he owns. This indemnity is additional to any other indemnity demanded regarding the dispute policy. This obligation shall remain valid after termination of this agreement.
1. The domain name holder acknowledges and agrees for the following purposes:
· Certify that the information provided for the registration is complete and accurate.
· Certify that he does not have any knowledge that its domain name or its use incurs in violation of any third party’s right.
· Certify that the domain name chosen hasn’t been registered for illegal purposes and does not damage any intellectual or industrial property right or any third party legal rights or interests.
In addition to the aforementioned terms, for .biz domain names, the holder should warrant that:
· The domain name will be used in good faith, for business o commercial purposes and not exclusively for personal use o for the sole purpose of selling, trading or leasing it.
· He is legally empowered to enter into this agreement.
· The domain name is reasonably related to the business or commercial purpose of the domain holder at the time of its registration.
2. The domain name holder acknowledges and agrees to the “Personal Data Protection Policy”.
3. The domain holder compromises to accept any request from nicline.com, according to the ICANN‘s procedures and conditions, to verify the accuracy of the information published in the competent Registries Whois and, if necessary, to update the domain name through the procedure established by nicline.com.
As a consequence, the domain holder authorises nicline.com to contact directly the holder of the domain names or its Administrative Contact, in such cases when the ICANN requests this kind of interventions.
4. The breach of theses warranties will be considered as a breach of the Contract, so that nicline.com, as well as VeriSign, Inc., Public Interest Registry, Afilias Limited, Global Domains International, Inc (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltd.), Telnic Limited, EURid, DNS.be, AFNIC, Red .es, Fundació PuntCAT, Registry .MX or any competent Registry organisation could cancel the domain name.
nicline.com as well as the RSP guarantee to take all the necessary technical or organisational security measures established by the current regulation and pursuant to the Spanish Personal Data Protection Act 15/99 of December 13 (LOPD) and further regulations.
The holder knows that the personal information provided for the registration of its domain name is transmitted to nicline.com for its processing and moreover, he acknowledges and authorizes the publication and the transmission of this personal information to the competent organisations.
Wherefore pursuant to Section 11 Paragraph 2 of the LOPD nicline.com hereby confirms that all personal data collected during domain name registrations, holder change requests, or other personal data modifications shall be made available to the corresponding Organization or Authority for registration purposes only and with the sole intention to comply with this Service Agreement and get domain names registered or change data from such domain name.
In this way, and as required by the ICANN, the holder authorizes the publication of the information related with the ownership, administrative, technical and billing contact of the domain name which must be published in the Whois of the competent Registries.
nicline.com will not be responsible for any breach by the RSP or the Holder of the LOPD regarding its corresponding activities.
7. Domain names conditions and Uniform resolution policy
The holder accepts any demand for resolution for a domain name registration and agrees to submit to the regulatory resolutions for Domain Names Disputes approved by the ICANN on October 24th , 1999.
This regulatory policy for Domain Names Dispute (DOMAIN NAME DISPUTE RESOLUTION POLICY) binds to the Domain names private contract and sets forth the terms and conditions regarding a dispute between the holder and a third party different from nicline.com regarding the registration and use of the Internet domain name registered by the holder.
The actions will be carried out according to the Uniform Domain Name Dispute Policy approved by the ICANN on October 24th , 1999, available on www.nicline.com/company/policy.htm, and the administrative-dispute-resolution service provider's supplemental rules. This policy shall be modified at any time and at the discretion of ICANN. Should the holder not agree with the modifications introduced, he shall request the cancellation of his domain name.
The .biz domain name holder also agrees to be bound to the terms and conditions of Neulevel, Inc. Restriction Dispute Resolution Policy (RDRP) available at: www.neulevel.biz/ardp/docs/rdrp.html
For the .eu and IDN .eu domain names, the holder acknowledges to accept any possible requirement for arbitration related to the registered domain name and to submit to the Dispute Resolution Rules of .eu which are available at http://www.adreu.eurid.eu/, together with general ICANN regulation.
The Alternative Dispute Resolution process (hereinafter ADR) should be initiated only if the criteria of speculation or abuse are met, or if it is considered that a decision taken by the Registry does not match the norms and regulations fo the .eu domains.
In the case where an ADR procedure is initiated, if the criteria of a speculative and abusive domain are met,, according to Art21 of the General Interest Policy rules, if the panel backs the request, the name could be transferred to the complainant, if he fulfils the registration criteria .
For those disputes which may arise regarding the .be domain names, the owner accepts submitting to the Alternative Dispute Resolution process(hereinafter ADR), developed by DNS .be with the Belgian Centre for Arbitration and Mediation.
For all ccTLD .fr domain names the holder accepts submitting the Dispute Resolution System for .fr domain names (hereinafter, DRS), available for consultation through http://www.afnic.fr/en/dispute-resolution/tools-and-procedures/.
For all ccTLD .es domain names Holders shall be legally bound to the Extrajudicial Conflict Resolution Proceeding for ccTLD .es domain names. This proceeding is fully available for consultation through http://www.nic.es/.
For all ccTLD .mx domain names Holders shall be legally bound to Terms and Conditions for .mx Domain Name Registration Procedure (LDRP) and Eligibility Requirements Dispute Resolution Policy for .MX domain names available through the website http://www.registry.mx/.
Domain Holders shall commit themselves to processing and managing all prospective .cat Uniform Domain Name Resolution Disputes, Fundació PuntCAT Eligibility Requirements Dispute Resolution Agreements - ERDRP and ICANN Rules and Regulations for Uniform Domain Name Resolution Disputes – UDRP.
Fundació PuntCAT Eligibility Requirements Dispute Resolution Policy – ERDRP is a Fundació PuntCAT-endorsed legislation in full compliance with ICANN rules and regulations.
Breach of any of the requirements set forth in the rules and regulations section observing the .cat and IDN .cat domain name registration process shall initiate one ERDRP Proceeding.
This ERDRP Proceeding shall not replace the ICANN Rules and Regulations for Uniform Domain Name Dispute Resolution Policy – UDRP, or sentences passed by judges from competent courts, bodies or authorities whatsoever. This ERDRP Proceeding is only complementary to the above mentioned UDRP policy and legal judgements as an alternate way to cancel or transfer all those domain names registered and remaining fully uncompliant with any of the requirements set forth in the .cat domain name registration terms and conditions.
Engaging in one Dispute Resolution Proceeding started by Fundació PuntCAT shall not be mandatory to .cat domain name Holders except for those cases foreseen on the rules and regulations of the Sunrise Stage. Outcome of this Dispute Resolution Proceeding shall not be binding whatsoever.
This Dispute Resolution Proceeding is an option available for the domain Holder and shall be processed and managed by goodwill experts fully committed to trying to come to terms with third parties in all those third-party claims requesting ownership or legal control of any given .cat domain name.Neither nicline.com nor the Registry will be liable for any damage, neither regarding technical nor administrative operability, caused by the involvement of a domain name in a Dispute Resolution process or the result of such process.
nicline.com will not act as an arbiter for any dispute resolution between the claimant and third persons for the use of the domain name.
In case of any dispute arising between the Holder and a third party regarding the use of a domain name, the Holder agrees to indemnify, defend and hold harmless VeriSign, Inc., Public Interest Registry, Afilias Limited, Global Domains International, Inc (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltd.), Telnic Limited, EURid, DNS.be, AFNIC, Red .es, Fundació PuntCAT, Registry .MX and ICANN according to the terms and conditions set forth in the Uniform Domain Name Resolution Policy.
For the resolution of domain names disputes, according to the provisions of the UDRP regulation, the holder shall submit to a court jurisdiction at the location of either the principal office of the Registrar or the domain-name holder's address ( as displayed in the whois database), without prejudice to submission to any other applicable jurisdiction.