The GCS and this SO establish the terms and conditions for provision of the Domain Name Registration Service (DNR Service) by Register SpA, ultimate parent entity Team.blue Topco SARL (“Register.it”) to the Customer.
Service Order Domain Name Registration
This agreement consists of the translation of an Italian agreement and is thus entirely governed by Italian law. The Court of Florence shall have sole jurisdiction over any dispute that might arise between the Parties in regard to this agreement. In the case of agreement signed with a Consumer, shall have jurisdiction the Court where the Customer is domiciled or resident***This Service Order (“SO”) is an integral and essential part of the General Conditions of Service (“GCS”). The GCS and this SO establish the terms and conditions for provision of the Domain Name Registration Service (“DNR Service”) by Register.it to the Customer.The abbreviated terms with the capitalized initials used in this SO have the same meaning as defined in the GCS.For the names and domains.xxx, please read paragraph 4.10 carefully.
Registration Authority (RA): national or international organization responsible for establishing rules and procedures for the assignment of domain names and assignment of domain names, management of registries, and primary name servers of the various TLD.Domain name booking service: this service involves the pre-registration of the domain name selected by the Customer. Upon receipt of the booking, Register.it carries out the procedures necessary to present the application for registration of the domain name selected by the Customer to the relevant Registration Authority, at the time of issue of a new Top Level Domain (TLD) on the market.Naming Rules: applicable regulations that contain the norms for assignment of the Domain Names within the various TLD.Local Service: means the provision by Register.it of a local contact (Registrant and/or admin-c) to the Customer in order for the latter to register geographic domain names where such local contact is required by the Authority.Maintainer: organization that submits Customer requests to the competent Authority regarding a domain name maintainer of information and data pertaining to a domain name. It is the intermediary between the person who wishes to register the domain name and the Authority.Registrar: organization authorized by the Registry to manipulate the database of the relative TLD (e.g. .com, .net).Registry or RAN: Registry of Assigned Names, that is, the database of domain names registered under various TLD kept by the competent RA.DNS (Domain Name Service) a specific coding system that permits transformation of a domain name into a numerical IP address. Thus, it is the means that permits identification on the Internet of the machine to which that specific registered domain refers.
OBJECT OF THE DOMAIN NAME BOOKING SERVICE
When the domain name booking and registration service agreement is signed, Register.it provides the means necessary to guarantee the presentation of the registration application to the RA at the time of activation of a new TLD. Register.it carries out the booking service automatically and without going into the merits of the domain booked. For this reason, it cannot in any way assure the Customer that the domain might effectively be registered during the registration phase proper. Register.it will in any case proceed with the booking in strict chronological order of the applications received by it, by means of a procedure which records the price date of receipt of each application. When the relevant RA opens the registration phase, Register.it will send out the bookings in such a way as to adhere to the chronological order in which the applications were received.NB: for the booking and registration of domains.xxx, we recommend that you read the terms of 4.10 of this SO carefully.
2 – SUBJECT OF THE SERVICE
The DNR Service consists of the provision by Register.it to the Customer of four types of services, specifically:- domain name registration by the relevant Authorities for the price indicated in the commercial offer as specified on the Register.it’s website.- the activities necessary for requesting changes regarding Maintainer or Transfer Registrar of domain names for the price indicated in the commercial offer as specified on the Register.it’s website;- the activities necessary for requesting changes in the Owner/Assignee of domain names for the price indicated in the commercial offer as specified on the Register.it’s website.- the activities necessary for requesting renewal of domain names at the relevant Authorities for the price indicated in the commercial offer as specified on the Register.it’s website.
3 – CHARACTERISTICS OF THE DNR SERVICE
Register.it provides the Customer with a Platform that make it possible to perform DNR Service activities as necessary. These activities can be performed by the Customer on his/her own behalf and/or on behalf of others pursuant to the conditions envisaged in the GCS.
The DNR Service will include checking the availability of the domain upon request by the Customer, guiding the Customer through the domain name registration procedures. The Client accepts and recognizes that Register.it will publish courtesy pages containing advertisements on the Domain name of the customer in the absence of Customer’s content; the Customer is free to remove the courtesy page at his/her sole discretion using the tools at his/her disposal. The Customer accepts and recognises that he/she will not be provided any kind of remuneration in relation with the courtesy pages.
The Registrar/Maintainer change procedure permits transfer of management of a domain from a Registrar/Maintainer to Register.it. The domain for which this procedure is requested must be transferable according to the conditions imposed by the outgoing Registrar and/or the competent Authority. For example, the domain must have been registered at least two months ago and must not be expired.
The procedure for changing Owner/Assignee permits modification of the assignee of a domain. If the domain subject to change of Owner/Assignee has the extension .COM, .NET, or .ORG, it must be properly registered and maintained by Register.it. Instead, if it has the extension .IT, it may be maintained by a Registrar/Maintainer other than Register.it.
The Client acknowledges and undertakes, in accordance with the ICANN policy to keep track of the date and time of the RND and to provide proof thereof on request by the Registrar or Authority.
If the Customer wishes to keep the domain name registered on the DNS of Register.it, Register.it will provide the Customer with the following additional services at no charge, being understood that Register.it could revoke the offer at any time and at its own discretion, including the DNS service, without the customer having right of restitution of the price paid for the registration/renewal of the domain name or for requesting changes regarding Maintainer or Transfer Registrar for the domain names or for requesting changes in the Owner/Assignee of domain names:
– Web space and related traffic limit as indicated in the public offer on the web site;
If the customer requires more space this can be applied for at the customer service obtaining additional packages of 10GB with no extra costs, up to a maximum of one a week. Register.it reserves the right, at its own discretion, to limit the granting of additional disc space, should this conflict with safety requirements and/or with the company’s service policy.
– Possibility of configuring sub-domains;
– Web Redirect: possibility of redirecting the Customer’s domain to a Web space of his/her choice;
– E-mail forwarding: possibility of forwarding all the mail of the Customer’s domain to an external mail box;
– Courtesy Page Editor: software for creating the home page directly online;
– number of electronic mail boxes, each one configurable as a catch
- all, alias, forward, or POP3 mailbox, with a related maximum capacity as indicated in the public offer published on the web site (the Customer certifies to be aware that modifying the standard configuration of the MX record and POP3 (on the mail server of Register.it) will disable the Email services);
– Web Mail service on the Register.it site for consulting e-mail via browser (the Customer takes note that the Web Mail Service can contain advertising banners of Register.it or other advertisers);
– Management through a single FTP access on the chosen domain.
The use of included disk space is disciplined by terms and conditions of Hosting service:
https://www.register.it/company/legal/ods-hosting.html?lang=en, that is essential part of product domain. Customer is aware that proceeding with the purchase of domain he implicitly accepts the terms and conditions of Hosting service associated to the purchased product.
The use of included Email service is disciplined by terms and conditions of Email service:
https://www.register.it/company/legal/ods-email.html?lang=en, that is essential part of product domain. Customer is aware that proceeding with the purchase of domain he implicitly accepts the terms and conditions of Email service associated to the purchased product.
If the Customer decides, before or during the relationship, to transfer the domain name to another Registrar or to use authoritative DNS other than those of Register.it for the domain name, the aforesaid services cannot be used by the Customer.N.B. For the domains .IT, .COM, .NET, .ORG: if, during the change in Owner of a domain previously maintained on Register.it, the Customer requests a change in Billing-c (invoicing information), all services associated with this domain, both free and charged, will be deactivated. In order to continue using these services, the new Billing-c must acquire and reconfigure them; in the case of Owner change without modification of the Billing-c, the provision of services associated with the domain will not change and Billing-c will guarantee the continuity of their agreement.
Beyond this services Register.it provides the Customer with the an additional year of maintenance for the registered domain name at no charge as Provider, Maintainer, Registrar or Reseller, both if the customer wants to maintain the registered domain name on Register.it’s DNS and if the customer wants to maintain the registered domain name on DNS different from Register.it ‘s. The Client recognizes and accepts that for some TLD Register.it will proceed to the registration before the competent Authority by means of another accredited Registrar. In such situation the Client accepts that Register.it will proceed to provide such accredited Registrar with client’s personal data for the managing of registration/renewal/transfer operations only and he/she/it warrants to accept the service conditions of such accredited Registrar. ‘Domain Express’ Service Features: Should the client choose the service ‘Domain Express’ offered on the Register.it website, the client understands that the service will include the registration of domain names by the relevant Authorities for the price indicated on the Register.it website. The offer ‘Domain Express’ allow the customer to choose to use the DNS of Register.it or it’s own ones. The offer ‘Domain Express’ also provides the possibility for the customer to use the service “Redirect”, that allow to point the domain name to a chosen website, and one year of maintenance from the date of the domain name registration. If the customer decides to buy the product called Domain name, the customer will pay the full price.Features of the ‘Dominio+’ (Domain+) service: If a customer chooses the ‘Dominio+’ option displayed on the Register.it website, the service will offer registration of domain names with the various authorities as applicable at the price shown on the Register.it website. The ‘Dominio+’ option is offered to customers who have already registered a domain name with Register.it (‘Primary Domain’) and want to register the same domain name or a similar one suggested by Register.it with the additional extensions offered on the Register.it website (‘Secondary Domain’). The ‘Dominio+’ registration will allow the customer to use the secondary domain only for redirects to the primary domain name. The service will not enable the customer to choose whether or not to use the DNS of Register or his own DNS. The ‘Dominio+’ option only permits use of the DNS of Register without the customer having any possibility to configure his own DNS and advanced management of them. If the customer configures his own DNS, Register.it may immediately suspend the service, and possibly claim damages. If the customer decides to acquire the product named Dominio Standard (‘Standard Domain’) or Dominio Pro (‘Pro Domain’), the customer will only have to pay the difference in price paid for Dominio+ and the product he acquires from among those listed above.
Domain names tagged as “Premium”: When ordering a domain name online, the Customer can sometimes be offered the possibility to order domain names tagged as “Premium”. The Customer accepts and recognizes that such domains are not available for registration but belong to third parties; such domains are for sale via our website.
Register.it therefore offers the possibility to transfer the ownership in favor of the Customer and Change the Registrar of such domains under Register.it’s management.Such domains have a special rate; the Customer will therefore have to pay the applicable price at the time of the order. The Customer is informed and accepts that the transfer is not immediate and that it will require several days for the transfer to be completed.
In case of failure of the transfer procedure, the Customer will be refunded the price paid for the “Premium” domain.Domain appraisal: When ordering a domain name online, the Customer can sometimes be offered the possibility to order a quote for domain names tagged as “Request Appraisal”.
The “Premium” domains are subject to a special costs which must be paid at the time of order, notwithstanding possible changes to the price in the period between the date of the order and conclusion of the purchase, finalised at the time of acceptance by the third domain owner. In this hypothesis, the Client shall have the option of accepting the order by payment of the difference in price paid, or to withdraw from the purchase with entitlement to reimbursement of the amount paid previously.
The Customer accepts and recognizes that such domains are not available for registration or transfer but belong to third parties. Register.it only offers the possibility to get a quote for the recovery of the domain name. In the case of purchase of a gtld domain entitled “Premium”, the client authorises Register.it to complete the Change of Registrant procedure on behalf of the New Registrant, acting as Designated Agent.
DOMAIN VALUATION: in the case of a domain valuation request, Register.it offers Clients the option of receiving an estimated value of domain names. The client accepts and acknowledges that the domains subject to this service are not available for registration or transfer, because at the time of request they belong to third parties. The Client accepts that Register.it may also use third party suppliers to provide this service. The estimate provided by Register.it may not correspond to the market value of the domain name, or value attributed by the domain owner. It is therefore understood that the current owner of the domain may freely decide on a sales price. The client accepts and acknowledges that this evaluation is in no way binding and that Register.it cannot be held liable for any inconsistency/error in the valuation/estimate of the domain name. After receiving the valuation, if the client is interested in attempting a purchase of the domain name from the current owner, the client will have the option to request retrieval exclusively via our Online Brand Protection service, all details of which can be found on the web site page: http://we.register.it/brandprotection. The client accepts and acknowledges that Register.it does not in any way guarantee positive outcome of the purchase attempt from the current owner of the domain name. If the client decides not to proceed with retrieval of the domain name, or if the procedure does not produce a positive outcome, the Client formally accepts that he/she has no right to any form of reimbursement or compensation.
The Customer accepts and recognizes that once a Domain name expires, he/she loses all rights on it.
– For gTLDs registered with Register.it only and when it is possible under the relevant Authority regulations, in case the Customer doesn’t renew the domain name before the expiry date, the domain name will be held in the Customer’s account at Register.it for 20 days following the expiration date (“Expiration Period”) and the Customer may renew the domain name at any time during this period by paying the applicable registration fees and any past-due renewal fees. During the Expiration Period Register.it may publish courtesy pages containing advertisements on the Domain name of the customer. The Customer accepts and recognises that he/she will not be provided any kind of remuneration in relation with the courtesy pages. The Customer accepts and recognizes that once this Expiration Period is over, he/she loses all rights on the domain name.For gTLDs registered with Register.it only and when it is possible under the relevant Authority regulations, at the end of the Expiration period, the Customer formally accepts that Register.it reserves the right, at its own discretion, to either:1.transfer the property of the expired domain to its own name or to the name of any of the companies of the Register Group and to renew the domain to its own name. The Customer hereby accepts that Register.it or the companies of the Register Group will then become the Registrant of such domain name and have all the corresponding rights. Only in that case, the Customer will have the possibility to get the domain name backup to 90 days after the expiry date of the domain name, by paying all the applicable fees. Register.it will then transfer the property of the domain back to the Customer. After the end of the 90-day period, if the Customer doesn’t exercise the rights under this provision, he/she will be deemed to have abandoned the domain name services, and to relinquish all interests and use of the domain name services; or2. renew the expired domain name at Register.it’s costs, keeping the Whois data unchanged, and following the express approval of the Customer. In such case, all the Services associated to the Domain name will be deactivated (hosting, email etc.) and a courtesy page containing advertisements will appear. The Customer accepts and recognises that he/she will not be provided any kind of remuneration in relation with the courtesy pages. The Customer will remain the registrant of the domain, and he/she will be able to get the domain name back and recreate the associated services by ordering the domain name and the services at the price and under the contractual conditions applicable at the time of the Customer orders; or3. place the domain name under the “Redemption period” status shortly after the Expiration Period. In such case, the Customer will have the possibility to renew the domain name by paying all the applicable fees and any past-due renewal fees. If the domain name is not renewed by the Customer during the Redemption Period, the domain name will be deleted at the Authority and can be registered by anyone;4. or, to delete the domain at the Authority. In such cases, the domain will be released and can be registered by anyone. Register.it declines any and all liability in case the domain name is registered by any third-party. The Customer remains solely responsible for the non renewal of the domain name before the expiry date and for any consequences that may arise. The Customer formally accepts that it is Register.it’s exclusive decision to opt for one or another of the options listed above. The Customer has no right whatsover on such options and waives any right of contestation or claim in that respect. 2. For ccTLDs, the Domain name expiration process will follow the relevant Authority regulations and processes. The Customer accepts and recognizes that once a ccTLD expires, he/she loses all rights on the Domain name.
Service features “pre-registration”: The pre-registration service is to offer the customer the opportunity to request, in advance of the release of the extension by the competent RA registration service of one or more domain names. At a time when the respective RA of the object of the court service domains will allow the recording of the same Register.it will proceed to process the order and on behalf of the customer to submit a request for registration at compenti RA. The Customer acknowledges and agrees that requests for pre-registration will be met in chronological order of presentation (cd. “First come first served” basis); Register.it, therefore, reserves the right to refuse the order of pre-registration if the chosen domain is no longer available. The Customer declares to accept since the time of the pre-registration of these contract conditions Service together with the contractual terms relating to the domain registration service and the rules laid down by the competent RA. purchase of the pre-registration service will be requested at the time the customer to pay the fee for the pre-registration service indicated in the commercial, while no additional fee will be asked to the customer when the actual recording domain if the latter is successful. The Customer acknowledges and accepts that the pre-registration of a certain domain name does not assign to the Customer any rights to the same, therefore the Customer acknowledges that Register does not guarantee any result in this regard. In the event that the registration process does not go to fruition, Register.it will proceed in a reasonable time and in any event within 90 days of the notification to the customer of the rejection of the registration request to return the amount paid by the customer at the time of pre- recording.
4 – CONDITIONS OF DNR SERVICE 4.1 RULES AND PROCEDURES:
4.1 RULES AND PROCEDURES: The rules and procedures necessary for the DNR service are those established by the respective Authorities with jurisdiction. The Customer undertakes to learn and respect the regulations and rules of the various Authorities. In particular, the Customer recognizes and agrees that the request for the DNR Service might require the Customer to contact the competent Authorities directly (e.g. the entering on the Register.it site, or sending of domainsdocumentation to the Authorities). Failure to do so or doing so after expiration of the deadlines established in the regulations of the individual Authorities can prevent registration of the requested domain and provision of any correlated service. In this case, Register.it reserves the right to withhold the amount paid by the Customer when he/she acquired the service. With regard to all TLDs the Customer acknowledges and agrees that he/she/it must comply with the terms and conditions, standards, policies, procedures and practices set forth by RA visible on their websites that can be found on the following link http://www.iana.org/domains/root/db.
Furthermore, the Customer acknowledges and agrees that these Terms and Conditions, standards, policies and procedures are subject to modification by the RA and that Customer must promptly comply with any such changes in the time allotted.In regard to certain Domain Names, the relative Naming Rules may reserve registration of the Domain Name only and exclusively in favor of those persons (admin-c) with a permanent local representative office, established in the forms required by the jurisdictional norms where the RA has a representative office. This space is set up in the forms required by the norms of the jurisdiction where the RA registrar is located. Accordingly, the Customer must provide all information regarding the organization of the domain name registrant, with a specific indication of any branch and/or local representative offices qualified to carry out the action.The Client is aware and acknowledges that reserved domain names exist, including geographical domain names and those reserved for public authorities, and as such, these cannot be allocated. Nor can domains with pornographic, blasphemous, or in any way illegal names be allocated. In the case of a request for registration, the Client therefore acknowledges and accepts that the competent Authority shall proceed with non-allocation, that is, cancellation of said domains, releasing Register.it from all liability in this regard. The Client accepts from this time on that in such situations Register.it shall not refund any amounts paid by the former for the registration of said domains. In all cases, it shall be the sole responsibility of the Client to proceed with the correct entering of all the information requested by the Authority during any registration, data transferral or changing procedures. Consequently Register.it cannot be held liable should there be any errors that could give rise to the non-registration or cancellation of the registered domain at the Authority’s complete discretion. The Client is informed that certain Authorities request that the Registrars store the log files in their servers necessary for identifying the operations carried out by the Client, and that such data may be transferred to the Authorities at their request for the verification activities of their competence. In case of activities performed by the Client on behalf of third parties, the Client declares and guarantees to have obtained all the authorisations necessary for carrying out every operation on behalf of said third parties in relation to the domains foreseen.
The Customer accepts and recognizes that his/her personal data will be transmitted to the Authorities and will appear on the public Whois databases of the Authorities in respect of the Domain Name. In case the Customer acts on behalf of third-parties or end customers, he/she undertakes to comply with all the applicable privacy data protection regulations.
The Customer takes all responsibility and fully indemnifies Register.it in that respect. Moreover, the Client declares to be authorised to use the Auth-info code received from the Registrant of the domain, and therefore to be authorised to carry out in his/her name and on his/her behalf, all the operations for managing the relative domain.
The Client consequently declares his/her intention of indemnifying Register.it and holding it harmless against any claims advanced by third parties in this regard. In addition, the Client has been informed and explicitly authorises Register.it to send the Registrants notifications regarding the service. In this context, the Client is aware and accepts that the Registrants will be informed that Register.it is acting as Registrar. The registration Rules and Technical Procedures in effect at the time of the event apply to all events connected with or subsequent to registration of the domain name.
In the event of failure by the client to meet the requirements of suitability for registration and/or maintenance and/or transfer of the domain name/s, the same client shall no be longer entitled to reimbursement of the paid sum. Register.it, only in the case that the service was not charged by the RA, shall allow the client to order another domain name or purchase another service, with the same price as the service initially ordered, in the case that it was not possible to conclude the previous order due to causes not attributable to Register.it.
The Customer accepts and recognizes that in case he/she decides the use the Local Service, such service may consist, but is not limited to, in providing a local admin-c and/or a local Registrant for the domain name, depending on the extension. The Customer accepts and recognizes that the local admin-c and/or the Registrant will appear on the Whois databases and will have the corresponding prerogatives as established by the relevant Authorities. In the case that Register.it provides Local Service and in the event of court proceedings or out-of-court settlements involving the said local contact for questions concerning the registered domain, the Customer undertakes to refund legal costs arising from the procedure. Moreover, Register.it would like to inform that the local service will not be provided if the domain is maintained by a party other than Register.it. Therefore, should the client wish to transfer the domain to another registrar/maintainer, he/she undertakes to provide the data pertaining to the new local data (or local owner or local contact). Under no circumstances will Register.it be held responsible for not consenting to the domain transfer to another registrar/maintainer, in the case the client has not first provided Register.it with the new local contact details. The Registrant has rights and obligations that have been established by the ICANN and which can be found at the following URL http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.
4.1.1 Change Registrant Procedure (gTLD domains managed by ICANN)
The Client acknowledges and accepts that from 1st December 2016 any variation regarding the name, surname, Organisation/Company and/or the email address of the Registrant of a gTLD domain managed by ICANN, will be subject to the procedure outlined below, in observance of the provisions of the relative ICANN policy (https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en )(“Policy”).
“Change of Registrant”: refers to a substantial change to the following data:
Administration Contacts, if there is no email address of the Registrant;
“Substantial Change”: refers to a change that is not a mere typographical correction to a Name Surname, Organization or any change to the email address;
“Prior Registrant”: refers to the entity or person who registered the domain name at the time of the request for Change of Registrant.
“New Registrant”: refers to the entity or person to whom the Prior Registrant requests to transfer ownership of the domain name.
“Transfer Lock Period”: refers to the period of 60 days as of the date of completion of the Change of Registrant procedure, during which the domain may not be transferred to another Registrar.
In case of “Change of Registrant” request, Register.it will receive authorization to proceed by the Prior and New registrant.
The New Registrant undertakes to accept the Registration Agreement of the Registrar, available at the following address: http://support.register.it/ordini-di-servizio/registrazione-nomi-dominio, or for domains managed through a third registrar, at this address: https://www.register.it/company/legal/policy-tld-e-gtld/?lang=en
The Prior Registrant is aware that if he wants to transfer the domain to another Registrar, this must be completed before the Change of Registrant in order to avoid the Transfer Lock Period.
Register.it will send a notification email to confirm the change to both prior and new Registrant within 1 working day from the date of completion of the Change of Registrant procedure, specifying the domains subject to the change and a contact address for possible clarifications.
Limitations to Change of Registrant
The Client acknowledges and accepts that Register.it, in conformity with the Policy, must reject a request for Change of Registrant in the case that:
- the Registration Agreement with the Client it is no longer valid and it is not possible to proceed with renewals or domain transfers, or
- the Change of Registrant has not been explicitly authorized by and new Registrant or
- the domain name is subject to a dispute before competent Authorities (for purposes of example, such as UDRP procedure, URS procedure, TDRP procedure).
4.2 LIABILITY OF REGISTER.IT:
The mandate given to Register.it for the DNR Service does not involve any liability, except for violations of the policies of competent Authorities due to acts attributable to Register.it.The Customer certifies that he/she knows the domain name specificities and notably that a domain name registration request is considered fulfilled if it is sent by Register.it to the competent RA and is accepted by the latter. Until the formal acceptation by the RA, the outcome of the registration procedure is uncertain. In all cases, the rules and decisions of the competent Authority will prevail.Register.it, or its agents, process the DNR Service request in rigorous respect of the chronological order in which it receives requests, provided that they are accompanied by a valid payment order. Register.it has therefore studied and realised a specific reception system, that always allows recovering all requests reception date. Register.it does not therefore guarantee that registration request is sent within a fixed number of days, or that registration request is successful. Register .it can only guarantee that, once what requested has been accomplished, it will respect, by working Monday to Friday and during working hours, the chronological order in which requests were received. In the case of paying in slip payment, Register.it will proceed to payment validation within two working days of receiving confirmation fax. Therefore it shall not be held responsible in case the domain for which registration is required, in arrears, is no more available by the competent Authority. The Client is informed that if at the time of registration, transfer and /or generally speaking during the maintenance of the service provided by Register.it it uses its own DNS instead of the DNS of Register.it, then the configuration of the DNS will be under his/her care, obligation and responsibility.
Notwithstanding the provisions of the above article 4.1.1 during the Change of Registrar/Maintainer and/or Owner/Registrar, the client may decide whether to maintain the current DNS at the time of the request or to move to those of Register.it; this operation is included in the set price for the service. Register.it will inform the Client that to complete the procedure for Change of Registrar/Maintainer and/or Owner/Registrar at least 5 (five) working days are required from receipt of the request.
In the event of misconfiguration, the Authority shall proceed with the suspension and/or cancellation of the domain.
The Customer remains solely responsible for such suspension and/or cancellation of the domain name and for any direct and indirect consequences that may arise. In the event of a request for change in the Registrar/Maintainer and/or Owner/Assignee, Register.it will fill the order after the Customer correctly fills out the specific request form. During the procedure, the Customer may decide whether to maintain the DNS current at the time of the request or switch to those of Register.it; this operation is included in the posted price of the service. Register.it informs the Customer that at least 5 (five) business days are needed to carry out the Registrar/Maintainer and/or Owner/Assignee change activities after the request is received.
Furthermore, the Customer is reminded that if the DNS are incorrectly configured, the Authority does not permit completion of the transfer. Therefore, the Customer assumes liability for the exact configuration of the DNS, in particular for .it domains.The activity of Register.it thus consists in the mere submission of Customer requests to the competent organs delegated for assignment of domain names to applicants. Therefore, the Customer certifies that he/she is aware that Register.it is unable to guarantee registration and/or change of the Registrar/Maintainer and/or change of the Owner/Assignee of the requested domain name (obligatory result), but can only guarantee that it will act with the necessary diligence so that the DNR Service request reaches the authorities responsible for registration and/or change (obligatory means). Register.it cannot be considered liable in any way if a domain name is not registered by the competent authority, without prejudice to the case where the registration request was not sent by it to the aforesaid authority. Therefore, in the case of failure to register and/or change the domain name, Register.it will not be required to return the consideration.The Customer accepts and recognizes that between the time he/she orders a domain on Register.it website and the time the registration request is submitted to the Authority, the domain might not be available anymore and therefore cannot be registered. The Customer also accepts and recognizes that the domain name can be refused or rejected by the Authority, that the domain name registration request can fail because of technical problems, delays in the procedure etc. The Customer formally accepts that Register.it cannot be held responsible in case the registration request fails and waives any and all claim of liability against Register.it in that respect.In case of requests for a change in the Registrar for domains .com, .net and .org the customer is informed that if they communicate to Register.it wrong data (especially name, surname or company name for company or organization, and admin-c email address), even if slightly different from those indicated before, the change in the Registrar procedure could be blocked by the Authorities. In that possible case, as to avoid the block in the procedure, the customer allows Register.it to unlock it communicating to the Authorities the exact data, as resultant from the public Whois register.For registration of the domains .com, .net, and .org, neither Register.it or Registry operator nor any of their employees, managers, or agents will be liable in the event of failure to complete registration. Therefore, they cannot be sued for indemnification of any damages, expenses, or costs incurred by the Customer in the course of this procedure.If, during the relationship, the Customer decides to shift the domain to another Maintainer/Registrar, Register.it shall not be required to return all or part of the consideration or, regardless, to pay any amount. Furthermore, Register.it shall be in no way liable for correct assignment of the expiration date, which will depend exclusively on the rules of the relative Authorities. The Customer agrees that the registration of a domain name may be subject to suspension, cancellation, or transfer, in case the competent Authority (with particular reference to Icann for domains subject to its authority) believes the present policy or the procedure adopted by the Registrar or the Registry is not consistent with the policy adopted by the Authority itself. The service may be likewise suspended, cancelled or transferred in case the competent Authority requests cancellation of mistakes found in the name registration or in the resolution of disputes concerning the Registered Name.In any event, any liability of Register.it towards the Customer and others for direct and indirect damages produced for any reason by failure to register one or more domains may not be higher than the price paid for the DNR Service.
4.3 CUSTOMER DATA:The Customer shall provide to Register.it accurate and reliable contact details including: the full name, postal address, e-mail address, voice telephone number, and fax number if available; in the case of Customer that is an organization, association, or corporation the Customer he/she/itself shall provide to Register.it the name of authorized person for contact purposes, the names of the primary nameserver and secondary nameserver(s), the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical and administrative contact. In relation to domains having .it extension, the client will be given the option to choose whether to allow publication of his/her details on the whois data mask of the relevant Authority or not. Register.it informs you that, for the purpose of registration, Icann asked the registrar to make an escrow deposit with the company Iron Mountain Intellectual Property Management, Inc., recommended by Icann, of a copy of the data necessary for registering a name and domain under the authority of Icann. The Client therefore takes note and accepts, relieving Register.it of all responsibility, that as from April 2008 Register.it will lodge a copy of the aforesaid data with the above-mentioned company.Register.it reminds the Customer that, for successful registration and/or change of the Registrar/Maintainer and/or Owner/Assignee of the domain, the data entered during the aforesaid registration and/or change procedure (as well as the necessary documentation, such as the Letter of Assumption of Liability that the Customer, in the case of a request for registration of an .it domain name, must send to the Italian NIC by and no later than 10 days after the online request) must be complete and coincide with what the Customer indicated when he/she purchased the service.The Customer undertakes to communicate to Register.it accurate and reliable information and any changes in the data communicated at the time he/she requested the DNR Service.Register.it has the right to ask the Customer at any time for confirmation of the accuracy of data communicated during the registration process. If the Customer does not reply within 15 calendar days, Register.it has the right to suspend provision of the service and the Customer could have the domain deleted.Without prejudice to the foregoing terms and conditions, if the Customer fails to update his/her data, he/she shall be liable to Register.it and any third parties, expressly releasing Register.it from any prejudicial consequence that might derive therefrom. In the end the Customer declairs that through the registration of the registered name doesn’t infringe or misuse the copyright and third party intellectual property rights. Register.it reserves the right to request documentation proving the prior right and/or the availability of the domain names for which the Client requests registration at any time and also by email. Register.it reserves the right to suspend the service and to claim full payment of the service, it being understood that it will still have the right to compensation for damage, in the case Register.it discovered violation of rights of third parties. With reference to domains .COM and .NET, the Customer states that he/she shall indemnify to the maximum extent permitted by law, defend and hold harmless Verisign (the Authority for domains .COM and .NET) from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration and or use.
4.4 .MOBI TLD:
Customer states that he/she shall indemnify to the maximum extent permitted by law, defend and hold harmless Registry Operator and Registry Services provider , and their directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration and or use, and that this indemnification obligation survive the termination or expiration of the registration agreement.Customer acknowledeges and agrees that notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. (“dotmobi”), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to Register.it being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotmobi shall survive any termination or expiration of this Agreement. Customer shall comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN. Customer shall comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operator to Registrar. Customer will consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by Registry Operator and its designees and agents in a manner consistent with relevant mandatory local data protection, laws and privacy. Customer shall submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”). Customer shall provide current, accurate and complete information in connection with its registration of the Domain Name and its creation, launch, and operation of the Website, including but not limited to information required for the purposes of the Whois records. Customer shall immediately correct and update the registration information for the registered Name during the registration term for the Registered Name. Customer acknowledges and agrees to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute made during the limited industry launch or over a Sunrise Registration. Customer acknowledges that if the domain name being registered is a dotMobi Premium Name, as such are listed at http://mtld.mobi/domain/premium, then use of the domain is also subject to the terms and conditions of the dotMobi Premium Name Agreement (formerly known as the dotMobi Auction Agreement) posted at http://mtld.mobi/node/1135, which is incorporated by reference herein. Customer acknowledges and agrees that upon termination or expiration of the dotMobi Premium Name Agreement in accordance with the terms thereof, (i) any and all rights of Company to the Registration of the Domain Name, the Registration Code, and/or to create, launch, and/or operate the Website shall be terminated, and all such rights shall revert to mTLD and (ii) mTLD may grant Registration rights to the Domain Name and/or rights to the Registration Code to any entity or person in its sole discretion, and Company shall have no rights or recourse against mTLD and/or Registrar relating to the registration or use of the Domain Name and/or Registration Code by any other such entity or person. Customer acknowledges and agrees that the Registry and Registry Services Provider, acting in consent with the Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute. Customer acknowledges and agrees that he/she must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide. Furthermore, Customert acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Customer must promptly comply with any such changes in the time allotted. Customer acknowledges and agrees that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract.
4.5 .ASIA TLD:
Provided however that the Customer shall comply with the rules set out in this Contract, in addition, the Customer declares that he is aware of the registration rules for domains with the “.asia” extension, as established by the proper Registration Authority and viewable on the site http://www.dotasia.org. In the case of the registration of domains on behalf of third parties the Customer shall have sole liability towards Register.it for all obligations deriving from the present agreement. Register.it further observes, and Customers take note, that only recognized Registrars are authorized by Dot.ASIA Organization for the registration of “.asia” domains. In the case that the Customer is not the holder of the domain he must inform the holder that Register.it, in its role of recognized Registrar, will proceed to the registration of the domain. Furthermore, during promotional activities, non-holder Customers must announce that the registration of “.asia” domains will be made through Register.it in its role of recognized Registrar. It is understood that, in the case that, during the actual registration phase, Dot.asia Organization should reject the registration made by Register.it of domains requested on behalf of a non-holder Customer, that the aforesaid non-holder Client shall not retain Register.it liable in any way and that, in such a case, he will indemnify Register.it for any claim, including economic claims, advanced by the holder of the domains.
4.6 .PRO TLD:
Provided however that the Customer shall comply with the rules set out in this Contract, in addition, with reference to the .PRO domains, the Registered Name Holder (Registrant) acknowledges having read and understood and agrees to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement: (1) The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/dndr/udrp/ policy.htm, (2) (For registration agreements relating to Sunrise Registrations only:)The Sunrise Period Rules and Sunrise Dispute Resolution Policy, available at http://www.registrypro.pro/sunrise.htm and http://www.icann.org/dndr/prosdrp/policy.htm; (3) The Qualification Challenge Policy and Rules, available at http://www.icann.org/dndr/proqcp/policy.htm and http://www.icann.org/dndr/proqcp/uniform-rules.htm; (4) The .pro TLD restriction requirements, available at http://www.registrypro.pro/qualifications.htm; and, (5) Procedures for any applicable Verification Toolkit. The Registered Name Holder represents and warrants that, at all times during the term of domain name registration, he, she, or it meets the .pro registration requirements set forth by Registry Operator for the registration of the Registered Name Holder’s registration. The Registered Name Holder is required to provide prompt notice to Registrar if it fails to meet such registration requirements. Registrar and/or Registry Operator shall have the right to immediately and without notice to Registered Name Holder, suspend, cancel or modify a Registered Name Holder’s registration if, at any time, the Registered Name Holder fails to meet the registration requirements for such domain name. The Customer notes that for a period of 60 days subsequent to the registration of the requested Name and Domain, the Authority does not permit the Registrar’s change. The Customer declares to comply with the Registry .PRO services terms and conditions published at http://registrypro.pro/nextphase/tou.htm. The Customer declares to comply with the rules set out in the document “Ancillary services” issued by Registry .PRO. The Customer accepts that the Registry .PRO shall be third party beneficiary of the contracts that the Customer itself will sign with its customers. The Customer agrees to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by RegistryPro and its designees and agents. The Customer represents and warrants that it meets the applicable .Pro registration requirements within the Jurisdiction and agrees that, during the term of the registration, it will continue to meet such requirements and that it will promptly notify the Registrar if it no longer meets such requirements. The Customer acknowledges that RegistryPro is a third party beneficiary of the Registration Agreement with the right to enforce those provisions of the Registration Agreement that affect it. The Customer acknowledges that Registrar shall be solely responsible for providing Customer with services with respect to (a) its application for a Registered Name and (b) in the event such application is accepted, for all ongoing services with respect to its issued Registered Name. Customer further acknowledges that RegistryPro shall have no obligation to provide such services to Customer. The Customer agrees that it has no contractual relationship whatsoever with RegistryPro and that the Customer is not a third party beneficiary of any agreement between RegistryPro and Registrant. The Customer further agrees that RegistryPro will have no legal, equitable or other liability of any kind to Applicant. The Customer acknowledges that if, pursuant to the performance of the initial verification services or annual reverification services, Registrar determines that Customer does not meet or does not continue to meet the applicable .Pro registration requirements, Registrar shall be entitled to retain a processing fee of 80 € in connection with the performance of the initial or annual verification services. Finally, Register.it informs and the Customer accepts that Registry PRO is not able to warrant the term within the registration will be executed, consequentely Register.it shall not be considered responsible in case of late registration of the requested Domain Names.4.7 .TEL Domains.With reference to the .TEL Domains the Customer declares and guarantees to respect the policy of the respective Authority (also “Telnic”) and recognises that the Authority will not be held responsible for any losses resulting from the application of said policies. The Customer acknowledges and agrees that the Authority reserves the right to deny, cancel or transfer any registration of a .TEL domain name or a transaction related to a .TEL Domain Name, as well as the right to put a .TEL Domain Name into blocked status or similar if this should be required, at its total discretion, a) to protect the integrity and the stability of the Authority; b) to comply with any applicable law, rule or government request, as well as with any dispute resolution procedure; c) to avoid any form of liability, both civil and penal, of Register.it, of the Authority, of its associates, directors, employees. d) for the infringement of the present contract; e) to correct any mistakes made by the Authority or by Register.it when registering a .TEL Domain Name; f) to ensure that the Authority policy is respected; g) to avoid the use of the .TEL Domain Name in any way contrary to the fixed aims of the Authority. Furthermore the Customer is informed that the Authority has the right to put a .TEL Domain into blocked status or similar during a dispute resolution period. In any case Register.it and the Authority will not be liable to the Customer, his customers or associates, or to any other party as a consequence of the denial, cancellation or transfer of a .TEL Domain Name registration. Always with reference to the .TEL Domains the Customer undertakes to comply with the following clauses: 1. Responsibility for Content. Domain Name Holder is solely and fully responsible for all information, data and text (“Content”) provided in connection with the Domain Name. The name service provider, its service providers and designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content.
3. Reservation of Rights. Register.it and/or its service providers reserve the right to withhold or suspend services as it deems necessary in its discretion; (a) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on their part, as well as on the part of their affiliates, subsidiaries, officers, directors, and employees; (d) for violations of this Agreement, including, without limitation, the exhibits hereto; (e) to correct mistakes in connection with a domain name registration; (f) to enforce the TLD Requirements; and (g) to prevent use of the Domain Name in a manner contrary to the intended purpose of the Registry TLD. Register.it and/or its service providers also reserve the right to suspend the provision of services during resolution of a dispute.
4. Representations and Warranties. Domain Name Holder represents and warrants that: a. to its knowledge, the Content does not and will not infringe upon or otherwise violate the rights of any third Party;b. it does not intend to use the Content for any unlawful purposes; c. it will not knowingly submit Content in violation of any applicable laws or regulations or of the rights of any third parties; andd. it will comply with the TLD Requirements.
5. Communications with Domain Name Holder. Telnic shall have the right to communicate directly with the Domain Name Holder in connection with any issuerelating to a Domain Name and the Domain Name Holder’s membership of the .tel community. The Domain Name Holder will respond promptly to such communications from Telnic and will resolve in any errors in content notified to the Domain Name Holder. 4.8 Domains.XXXDomains.xxx pre-registration serviceThe booking and registration service for the domain.xxx name under the terms of this SO is designed for persons of adult age and adult entertainment sector operators, as well as all other persons or entities not belonging to the above category who intend to seek the registration of a domain.xxx in relation to other interests (such as brand protection). When the relevant RA starts up the registration phase proper, Register.it will effectively register the domain. If the application for registration is rejected, Register.it will in no circumstances be held responsible for this fact.NB: the effective use of the domain.xxx is reserved for operators in the adult entertainment industry only. Any parties not belonging to this category in line with the conditions laid down for the general availability phase by the relevant RA, the ICM Registry, may only apply to register an unusable domain (non-resolving domain).The booking service is provided by Register.it on a payment basis. The payments due do not include VAT, and the payment should be made by credit card at the time when the booking form is filled in. If the application for registration to the relevant RA should be successful, Register.it will also debit the cost of the registration service to the Customer. The Customer is obliged to provide information which is currently valid, updated, complete and truthful. Register.it will in any case accept no liability in the event of any factors not attributable to it which prevent the successful outcome of the booking request.Domain.xxx registration service.The service is designed for persons of adult age and adult entertainment sector operators, as well as all other persons or entities not belonging to the above category who intend to seek the registration of a domain.xxx in relation to other interests (such as brand protection). Any party wishing to activate a domain.xxx has to carry out the membership application process laid down by the ICM Registry with a view to: (i) confirming its status as an adult entertainment industry operator, (ii) confirming the contact information, and (iii) acquiring the registration credentials. Until such time as the membership application process has been successfully completed, no domain will be active. The membership application process is an automatic procedure which is started up the first time an application to register a domain.xxx is made. In the event of any conflict between two applications to register the same domain, the first come first served principle will apply. If the application for registration is successful, the adult entertainment industry operator concerned will obtain a usable domain (resolving domain). The parties not belonging to that category will obtain an unusable domain (non-resolving domain). Following interrogation, it will be found that this does not exist (NX domain). If the ICM Registry should reject the application for registration, no responsibility for this fact will be attributable to Register.it.Without affecting the terms of this Service Order, the Customer declares that he/she has read and accepts the terms and conditions set out in the Registry-Registrant Agreement as laid down by the ICM Registry, which may be found at http://www.icmregistry.com/policies/registry-registrant-agreement/ In the event of any discrepancy between the terms of this contract and the ICM Registry Registry-Registrant Agreement, this latter will take prevalence. The Customer declares that the use of the domain name registered does not violate the intellectual property rights or any other rights of third parties. The relevant RA will not carry out checks to ensure that the domain name, or any use made thereof, does not violate the intellectual property rights or any other rights of the Customer or third parties. The relevant RA is unable to offer any guarantee against the presentation or claims or contestations by third parties regarding the use of the domain name or the corresponding website, or against the registration or selection of domain names so similar as to cause potential confusion with the Customer’s domain name or website. The Customer has sole responsibility for the detection of any infringements of the intellectual property rights or any other of its own rights or those of third parties with respect to the domain name or the corresponding website. The Customer has sole responsibility for any claim or sanction deriving from its registration or use of the domain name or the creation and running of the corresponding website.The Customer declares that he/she has read and accepts all the policies adopted by the RA and published at www.icmregistry.com and that he/she will comply with all subsequent amendments thereto. The Customer agrees to comply with the user conditions applicable to the domain, as indicated by ICANN.The Customer represents and warrants that the information supplied is up to date, complete and truthful and that he/she will keep it updated to ensure that it remains such. The Registry reserves the right to reject, cancel, terminate, suspend, freeze or transfer any registration if it should deem, at its sole discretion, that the information in question is imprecise. Register.it can in no circumstances be held responsible for the information and declarations supplied by the Customer.The Customer acknowledges that his/her personal data will be stored, used, processed and handled in the United States in accordance with the policies published on the Registry website, to which the Customer is hereby referred. Settlement of disputes: in the event of any disputes that might arise over domain names, the Customer agrees to submit to the arbitration procedures set up in accordance with the ICANN Uniform Domain Name Dispute Resolution Policy (UDRP), the ICM Charter Eligibility Dispute Resolution Policy (CEDRP) and the ICM Rapid Evaluation Service (RES), as described in the Registry website, and to abide by the decisions pronounced, without affecting his/her right to challenge such decisions on the basis of the relevant regulation or law. Register.it and/or its service providers also reserve the right to suspend the supply of services during the settlement of a dispute. The Customer declares that he/she exonerates the Registry, its affiliates and service suppliers and/or IFFOR of all direct or indirect liability relating to such dispute settlement procedures. The Customer acknowledges and accepts the right of the Registry to inhibit the registration or booking process, at its sole discretion, in the event of repeated abuses during the registration processes. The Customer acknowledges and accepts that the Registry reserves the right to reject, cancel, terminate, suspend, freeze or transfer any application for registration or registration if it should deem it necessary to do so, in the following cases: a) to apply the Registry policies and the ICANN requirements and their subsequent amendments; b) to protect the stability and integrity of the Registry, its operations and domains.xxx; c) to comply with laws, regulations, rights, rulings or decisions adopted by the judicial or administrative authorities, or by the service suppliers, with a view to settling the disputes arising over the matters regulated by the Registry; d) to establish, affirm or defend the rights of the Registry or third parties, or avoid civil and criminal liability on its part or on the part of its agents, affiliates, owners, operators, managers, directors, employees and shareholders; e) to correct the errors committed by the Registry or parties making registration or booking applications; f) when laid down in this agreement. The Customer agrees to defend and hold harmless the Registry, its affiliates and service suppliers and IFFOR (the International Foundation for Online Responsibility), and its managers, directors, officials, employees and agencies, to the maximum extent permitted in law, in the event of any claim, loss, liability, cost and expense, including reasonable legal costs, deriving from or related to the registration or application for registration of a domain.xxx, and that such indemnity obligation will continue to apply following the termination or expiry of the registration agreement.Jurisdiction: The ICM Registry-Register Agreement, its interpretation and any disputes arising between the parties in application of the agreement in question will be subject to the law of the State of Florida, and no decision or provision on conflicts of law (regarding the law of the State of Florida or any other jurisdiction) will have any effect. With a view to settling disputes or claims, the Customer agrees to be subject to the jurisdiction of the Courts of Florida. Any action deriving from or relating to the services supplied by the ICM Registry will be taken within a year of such supply. The Customer acknowledges and accepts that the Registry is regarded as the beneficiary of the rights acquired by the Registry-Registrant Agreement, even following the termination or expiry of the booking or registration. The Customer acknowledges and accepts that the domains.xxx are supplied ‘in the state in which they find themselves’, ‘with defects’ and ‘according to availability’. The Registry, its affiliates and service suppliers and IFFOR offer no explicit guarantees on such names. The Registry is unable to guarantee that the Customer will be able to gain access to or use the domain.xxx at the time or in the place where the choice has been made. No oral or written information and no advice from the Registry or its affiliates and suppliers of IFFOR constitutes a guarantee on the operations of the Registry or any domain.xxx. The consumer safeguard rights which may exercised on the basis of national laws are unaffected, and the Registry-Registrant Agreement is unable to modify or limit these.The Registry reserves the right to modify or interrupt any aspect of its services and the terms of the Registry-Registrant Agreement, including but not necessarily limited to the prices and tariffs. The Customer acknowledges and accepts that the Registry, its affiliates and service suppliers and IFFOR may issue notifications and messages on amendments and variations to the Agreement and other information on the domains.xxx, by means of publications on the Registry website. The continuous use of the Registry website or the registration or booking of the domain imply acceptance of the most updated versions of such messages, agreements, amendments and variations.The Customer guarantees that the use of the Registry and/or any domain.xxx name will not take place for illegal purposes, including but not necessarily limited to: a) purposes promoting or encouraging child pornography or any form of exploitation of minors; b) the violation of the intellectual property rights of third parties (whether individuals or organisations); c) the representation of any individual or organisation, of the distribution of information on same, without their written consent; d) the violation of the right of confidentiality or the right of publicity of any individual or organisation; e) the promotion or encouragement of spam email or other unsolicited material, the promotion or encouragement of viruses or other codes, files or programmes designed to interrupt, destroy or limit the operation of any software, hardware or means of telecommunications or computers through IT piracy networks; f) the creation of interference with the running of the Registry website or the services offered by it or IFFOR.The Registry and Register.it cannot under any circumstances be held responsible for any losses or damages deriving from force majeure, the observance of legal obligations, natural events or acts or omissions attributable to parties for whom the Registry and Register.it are not responsible.The Customer declares that he/she has read the privacy information, the rules of the auction, the launch plan and the policies drawn up by the Registry, as well as the rules for the settlement of disputes included within the reference materials that form an integral part of the Registry-Registrant Agreement.6. Jurisdiction and Applicable Law. Any dispute, controversy or claim between the Domain Name Holder and Telnic relating to a Domain Name or a request for a Domain Name shall be subject to the laws of England and Wales and the Parties submit to the exclusive jurisdiction of the courts of England and Wales. Always with reference to the .TEL Domains the Customer undertakes to comply with the “Acceptable Use Policy” reacheable at http://static.telnic.org/downloads/AUP.pdf. The Customer undertakes also to utilize the DNS provided by Telnic and to maintain always up-to-date the own contact data published on the .TEL website. Furthermore the Customer is informed and recognizes that for the .TEL Domain Names the added services listed previously in the CHARACTERISTICS OF THE DNR SERVICE article. 4.9. DISPUTES OVER ASSIGNMENT OF DOMAIN NAMES:Register.it informs the Customer that in the event of disputes over assignment of domain names the general rules of the respective competent Authorities will be applied. In the event of disputes over assignment of all the TLD for which the competent Authority followed the policies defined by ICANN, the Uniform Domain Name Dispute Resolution Policies (UDRP) will be applied. These policies can be viewed at the following site: http://www.icann.org/udrp/udrp.htm 4.10 MALWARE SCANS’Malware’ means any programming (code, scripts, active content, or other computer instruction or set of computer instructions) designed, or is intended, to (a) block access to, prevent the use or accessibility of, or alter, destroy or inhibit the use of, a computer, computer program, computer operations, computer services or computer network, by authorized users; (b) adversely affect, interrupt or disable the operation, security, or integrity of a computer, computer program, computer operations, computer services or computer network; (c) falsely purport to perform a useful function but which actually perform a destructive or harmful function or perform no useful function but consume significant computer, telecommunications or memory resources; (d) gain unauthorized access to or use of a computer, computer program, computer operations, computer services or computer network; (e) alter, damage, destroy, monitor, collect or transmit information within a computer, computer program, computer operations, computer services or computer network without the authorization of the owner of the information; (f) usurp the normal operation of a computer, computer program, computer operations, computer services or computer network; or (g) other abusive behavior. Malware includes, without limitation, various forms of crimeware, dialers, disabling devices, dishonest adware, hijackware, scareware, slag code (logic bombs), rootkits, spyware, Trojan horses, viruses, web bugs, and worms.Registrants and Customers hereby formally agree to the following: 1. Permit the Registry to perform, in its unlimited and sole discretion, scans or other views of websites for the purpose of detecting Malware or as necessary to protect the integrity, security or stability of the Registry systems (‘Malware Scans’); 2. Ensure all communications with or to the Registry systems, the Registry, any other registry operatedunder an agreement with ICANN, or any ICANN-accredited registrar and all software, systems, or hardware used, shall be free of Malware. In the event any such Malware is introduced, Registrants and Customers will employ all necessary measures to eradicate the Malware and reduce the effects of the Malware at Registrant’s / Customer’s sole cost and expense, the Registrant and Customer recognize and accept that the Registrar reserves the right to take all necessary action to eradicate the Malware; 3. Hereby grant the Registry all necessary licenses and consents and obtain such licenses and consents from all holders of rights in all websites, to permit the Registry or its agent(s) to (i) perform, in Registry’s unlimited and sole discretion, Malware Scans; (ii) collect, store, and process data gathered as a result of such Malware Scans; (iii) disclose the results of such Malware Scan (including all data therefrom) to Registrar or its agents or designees; and (iv) use the results of such Malware Scan (including all data therefrom) in connection with protecting the integrity, security or stability of the Registry systems and the Registry; and 4. Agree that the results of any Malware Scan identifying Malware or potential Malware shall not be deemed to be confidential or proprietary information of Registrar, Registrant, Customer or other rights-holder.The Registry disclaims any and all warranties, representations or covenants that such Malware Scan will detect any and all Malware or that the Registry is responsible for notifying Registrar, any Registrant or any other person or entity of any Malware or cleaning any Malware from any systems. Registrant and Customer shall indemnify, defend and hold harmless the Registry and its affiliates, suppliers, vendors and subcontractors, and ccTLD registry operators providing services with respect to the Domain Name, and their respective employees, directors, officers, representatives, agents and assigns (‘Registry Affected Parties’) from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to, for any reason whatsoever, any Malware Scan, the failure to conduct a Malware Scan, the failure to detect any Malware, or the use of any data from Malware Scans. Registrant and Customer will not enter into any settlement or compromise of any such indemnifiable claim without the Registry Affected Party’s prior written consent.
OPTIONS AND CONDITIONS FOR USE OF E-MAIL BOXES:
5.1 DOMAIN NAME:The use of e-mail boxes associated with the domain or offered free of charge to the customer as specified in the previous point 3. is provided by Register.it only and exclusively in connection with the domain covered by this SO. The Customer agrees that if, during the term of this agreement, the Customer does not renew or transfers the relative Domain Name to another Maintainer/Registrar, it will become technically impossible for Register.it to provide the E-mail Service and, therefore, it will be terminated immediately, without prejudice to the right of Register.it to payment for the entire consideration envisaged for the Service.
5.2 SIZE AND NUMBER OF E-MAIL BOXES: The size limit indicated in the offer for each electronic mail box cannot be exceeded. Additional e-mail boxes may be purchased in blocks of 10 directly by the Customer through his/her own Control Panel, at the cost indicated therein. The Customer shall have sole and exclusive responsibility for periodic deletion of the messages from the server, so that exhaustion of the available space does not block the e-mail box.
5.3 EQUIPMENT: Register.it does not provide the Customer with any equipment.
5.4 The Customer warrants that he/she will not directly or indirectly engage in spamming – i.e. the transmission via e-mail of unauthorized communications that are not requested and/or not solicited by the recipients. Register.it reminds the Customer that this practice is prohibited not only by Netiquette rules but also by D.Lgs 196/03 in protection of privacy. Register.it also emphasizes that it will consider the Customer liable even if the illegal spamming activity is carried out through e-mail addresses other than those acquired from Register.it and also indirectly involves a Register.it Service or directly involves the technical structure of Register.it (e.g. unauthorized promotion of an Internet site hosted at Register.it).
5.5 Register.it reserves the right to suspend the Service immediately if, in its final opinion or upon report by others, it believes that the Customer engages in activities in violation of the obligations envisaged in this article. In this case, the Customer, either upon being informed by Register.it via e-mail or otherwise, must immediately eliminate the causes for complaint or furnish adequate documentation proving his/her full compliance with the applicable norms governing his/her activity. If it does not receive an immediate reply, Register.it will have the right to cancel the agreement immediately, without prejudice to its right to full payment of the consideration and right of Register.it to take action for full indemnification of the damages that it might have incurred. Register.it will cancel all the mailboxes and the data contained in it of those domains whose DNS has been configured in such a way that the MX record has been directing for at least seven days to servers other than Register.it’s, thus causing impossibility to receive mail onto Register.it since at least five days.
6 – TERM
According to the choice made by the Customer during the purchase procedure or afterwards from his toolbar, this SO, and thus the RND Service, may expire a) with or b) without tacit renewal.a) In the case of tacit renewal and credit card payment of the consideration set forth in Article 7 hereunder, they will be billed directly by Register.it to the Customer’s credit card according to the terms and conditions in effect at the time of renewal, as indicated on the toolbar, and after he is notified by e-mail. If Register.it cannot bill this charge, the agreement cannot be renewed tacitly, and it will be considered expired on the agreed expiration date. In this case, the Customer may renew the service by following the procedure illustrated below. If the service expires with tacit renewal and payment by a means other than credit card, Register.it will send an invoice to the Customer 20 days before the expiration date. This invoice must be paid in accordance with the terms set forth therein. If the Customer does not make payment by the envisaged deadline, Register.it may interrupt provision of the service at any time, without prejudice to the provisions of Article 6 of the GCS.b) If the agreement expires without tacit renewal, the Customer may ask Register.it to renew the service with this SO by using the online procedure provided by Register.it for additional, subsequent periods according to the terms appearing on the Customer’s toolbar and at the technical and economic conditions in effect at the time the service is renewed by executing the renewal procedure. At its own discretion, Register.it S.p.A. may allow the Customer to request renewal of certain services even earlier than 30 days before the expiration date. It is agreed that if early renewal is requested, the natural expiration dates of the services will be enforced. Therefore, the service will be renewed with the competent Authorities only at the time of the natural expiration date.If the criteria for assignment of the expiration date indicated in the offer (on the Register.it site) and those actually applied by the Authority at the time of subscription are inconsistent, the expiration date determined in accordance with the rules of the relevant Authorities will apply.According to the current rules of the competent Authority, change in the Registrar and the Owner for domains with the extension .COM/.NET/.ORG adds 365 days (1 year) to the original expiration date of the domain.Changes in the Maintainer and the Assignee for .IT and .EU domains alter the original expiration date of the domain, which is calculated by adding 365 days (1 year) starting from the date of the Maintainer Change, as notified by the competent Authority. For any other extension the expire date after a change in the Registrar or in the Owner will follow the rules set by the respective authoritiesIf not renewed in accordance with the forms and terms illustrated hereinabove, this SO will lawfully cease to be enforceable on the expiration date, without it being necessary for Register.it to send any notice.Register.it will give the .it domain name the status of No Provider-MNT. gTLD Domains will be held in a “Redemption-period” status. The other extensions will be provided directly to other applicants.
CONSIDERATION AND PAYMENTS
The Consideration for the DNR Service is that indicated in the offer. All Consideration must be construed as not inclusive of VAT.Payment of the service will have to be carried out either by paying in slip or by credit card by filling out the payment form that the client will find while proceeding with registration. In case of paying in slip payment, the service will be activated after receiving, via fax, at the number indicated on the site and within the indicated period, payment receipt. Paying in slip will have to be correctly filled out by the Client by entering the same information given in the ordering phase, in order to allow Register.it to the correct supplying of the service. In case of incorrectly filled out paying in slip and in all cases of service unavailability for reasons not imputable to Register.it, Register.it will not have to refund what previously received, but it will supply another service for the same price, except in the case of possible equalization. We would also like to inform you that paying in slip payment is not possible for payment by instalment services and for renewal of services that will expire before the number of days, as indicated on the site, of renewal itself. Register.it will however reserve the right, according to its discretion, not to allow paying in slip payments. In case of such decision, the client will be notified.