Obligations and responsibilities of the holder of a generic domain name

In order for the end user of the service, the domain name holder (hereinafter referred to as the holder), to be duly informed of the obligations and responsibilities assumed when registering and maintaining a domain name, this document outlines, though not exhaustively, the obligations that correspond to them and which are voluntarily accepted:

FIRST.- RATES

Registration and renewal fees, as well as those determined for other services related to domain names, must be paid in advance. If registration and renewal fees are not paid within the specified period, the registration will be canceled. The holder agrees that the gTLD registration service providers to which DonDominio may turn at any time to process a domain registration have absolutely no responsibility regarding such cancellation.

In cases where a domain name is not renewed, six days after its expiration date, it will enter the "Registrar Hold" state, becoming technically deactivated, a period during which it will remain for 24 days. Then, 30 days from its expiration, it will enter the "Redemption Grace Period," during which it will remain for another 30 days. In these cases, DonDominio does not guarantee the effective recovery of the domain, and therefore is not responsible for any consequences that this may entail. Once this period has ended, it will no longer be possible to renew the domain name and within the following five days, it will be available for registration by any applicant.

.be domain names can be reactivated within a maximum period of 40 days immediately following their cancellation, whether due to non-renewal or other reasons.

DonDominio will inform of any modifications that the competent authorities may make to the characteristics and duration of these periods.

SECOND.- DISPUTE POLICY

The holder of the domain name agrees to be bound by the current ICANN domain name dispute policy. This regulation is available at the following URL: https://www.icann.org/resources/pages/policy-2012-02-25-es.

Additionally, the holder agrees to submit to the resolution of conflicts that may arise during the periods known as Sunrise Period and Land Period for any domain name, referred to in these cases as "Sunrise Dispute Resolution Polity."

Actions will be carried out in accordance with the Uniform Domain Name Dispute Resolution Policy approved on August 26, 1999, by ICANN, available at https://www.icann.org/resources/pages/policy-2012-02-25-es, and the additional rules of the selected administrative conflict resolution service provider. ICANN may modify this policy discretionarily at any time. If the holder disagrees with the modification, they may request the deletion of their domain name.

The holder agrees to be subject to the provisions specified in the dispute policy in force during the period when their domain name is claimed by a third party. They will also agree that in the event of a domain name conflict between them and a third party, they will indemnify and hold harmless the gTLD registration service providers to which DonDominio must direct at any time to process a domain registration and ICANN, in accordance with the terms and conditions included in the Dispute Policy.

The holder of .biz domain names must also submit to the specific conflict resolution policy of its Registry, NeuStar, Inc., published at http://www.neustarregistry.biz/node/51.

For any disputes that may arise over .be domain names, the holder agrees to submit to the Alternative Dispute Resolution Procedure (hereinafter ADR), developed by dns.be in conjunction with the Belgian Centre for Arbitration and Mediation (CEPIMA).

For domain name conflict resolution, in accordance with the provisions of its regulatory framework, the holder will submit, without prejudice to any other applicable jurisdiction, to the jurisdiction of the courts of the holder's domicile (according to whois data) or to the domicile of the registrar's main office.

Neither DonDominio nor the corresponding Registry will be held liable for damages that may occur if a domain name is involved in a conflict resolution process, both technically and administratively, or the result thereof.

DonDominio will not act as an arbitrator for dispute resolutions between the applicant and third parties for the use of the domain name.

THIRD.- USE OF INFORMATION

The holder must provide the Registrar with accurate and reliable contact details and keep them updated so that they are complete and accurate. This information must be corrected and updated within seven (7) days following any changes during the domain registration period. The information to be provided includes: (i) full name, postal address, email address, landline number, and fax number, if available; (ii) the name of a person authorized for contact purposes in case the domain name holder is an organization, association, or corporation; (iii) the IP addresses of the primary server and any secondary server; (iv) the corresponding names of those servers; (v) full name, postal address, email address, phone number, and fax number, if available, of the administrative contact for the domain name; (vi) full name, postal address, email address, phone number, and fax number, if available, of the zone contact for the domain name; and (vii) any other data concerning the registered domain name that must appear in the Whois database.

Furthermore, for .be domain names:

• It is necessary that the email address provided with this data is fully operational, and it is recommended to allocate one specifically for this purpose.
• Depending on the legal nature of the holder (natural or legal person), some of this data will be exclusively for the Registry's internal use.
• The holder will immediately inform dns.be, through DonDominio, of any changes to the whois data. Failure or delay in reporting such changes may result in the termination of the registration contract.

The holder authorizes the processing and transfer to third parties of the data contained in the application for a domain name registration by the corresponding Registry, in the following cases:

• If ordered by a public body in the exercise of its legitimate functions.
• Upon request from Alternative Dispute Resolution Service Providers.
• As established in the Whois Policy of the corresponding Registry.

Regarding .mobi domain names, the holder expressly agrees to provide current, accurate, and complete information regarding their domain data, including the public Whois information, as well as the associated website.

The holder acknowledges that intentionally providing incorrect information or deliberately failing to update information within a seven (7) day period will constitute an immediate material violation of the contract and be grounds for cancellation or suspension of the domain name. The holder commits to respond within a maximum period of fifteen (15) calendar days to any request from DonDominio and the corresponding Registry regarding the update of the data provided for domain registration. In case of non-compliance, DonDominio may cancel or deactivate the domain name.

If the holder authorizes a third party to use the domain name, they will remain the registered holder of the domain name and be responsible for providing complete contact information as well as supplying and maintaining updated technical, administrative, and zone contact information. The holder agrees that, by allowing third parties to use their domain name, they remain responsible for all obligations set forth in this contract, including liability for any damage caused by the misuse of the domain name. However, the holder shall be relieved of such liability if, within seven (7) days of the request, they disclose to a third party providing reasonable evidence of an emerging damage, the licensee's current contact information and identity.

The holder accepts and authorizes, with the registration of the domain name, the use, copying, and distribution, as well as making public some of the data provided during the registration process as required by ICANN. Furthermore, they will accept that ICANN may impose guidelines, limits, and/or conditions regarding the amount and type of information that the registrar may or must make available to public or private entities. The registrar, additionally, will not disclose the holder's data to third parties unless necessary to maintain their domain name.

The holder authorizes and consents for DonDominio, the Registrar, or the corresponding Registry, to annually contact them to verify that all existing data in the public Whois database is correct. Additionally, the holder commits ensuring that, if the existing information in this database is not accurate, they will promptly update it, as intentionally providing incorrect information constitutes a material breach of the contract and will be the basis for canceling their domain name.

The Registrar (DonDominio) agrees to take the necessary precautions to protect Personal Data against loss, misuse, unauthorized access, disclosure, alteration, or destruction.

FOURTH.- USAGE POLICIES

• To effectively carry out the registration process, the holder must accept the obligation to comply with all the terms and conditions of this document and the dispute policy, as well as any regulations or policies that are or may be published by the gTLD registration service providers to which DonDominio must turn at any time to process a domain registration and ICANN.
• This registration will be effective if accepted by the gTLD registration service providers to which DonDominio must turn at any time to process a domain registration, entities accredited by the Internet Corporation for Assigned Names and Numbers (ICANN) under an agreement. The holder agrees that the gTLD registration service providers to which DonDominio must turn at any time to process a domain registration and DonDominio may modify these conditions if necessary to comply with their agreement with ICANN or another entity.
• The gTLD registration service providers to which DonDominio must turn at any time to process a domain registration and DonDominio reserve the right to suspend or cancel the holder's domain name if they use it to send unsolicited commercial advertising contrary to any applicable standard or acceptable customary Internet use policy, or if the holder uses the domain name related to illegal activities. Therefore, the holder may not use the domain to send unsolicited commercial advertising contrary to any applicable standard.
• By registering the domain name, the person appearing as the holder acquires only the right to use said domain for addressing purposes in the Internet Domain Name System for the period determined by the Competent Registry, while maintaining the payment of their renewals, and assumes all the obligations arising from their ownership as well as the indications of the rules established both by the competent Registry and by ICANN in this matter. Thus, the holder assumes full responsibility and exclusive risk that the application complies with the Registry's competent Naming Policy at each moment and for each case.
• The holder must comply at all times with the requirements demanded by DonDominio, by the corresponding Registry, and by ICANN. Under the above, the holder exclusively assumes the consequences arising from non-compliance with the mentioned requirements.

The most important addresses for consulting these requirements and policies are: - www.icann.org/
- www.verisign.com/nds/naming/
- www.NeuStar.biz/
- www.pir.org/
- www.website.ws/index.dhtml
- www.afilias.info/gateway/index_html
- http://www.mtld.mobi/
- http://www.dns.be/
- http://www.telnic.org/

• DonDominio and the corresponding Registry reserve the right to block, deny, cancel, or transfer any domain name whenever, in their judgment, it is necessary to:

  • Comply with applicable law, legal requirements, and in compliance with any dispute resolution procedure.
  • For non-compliance with the terms and conditions of this contract,
  • Avoid any civil or criminal liability of DonDominio, the Registry, and their respective directors, officers, employees, agents, affiliates, and shareholders,
  • Correct errors made by DonDominio or by the Registry, concerning the domain name,
  • Protect the integrity and stability of DonDominio and the Registry.

• The holder is responsible for choosing the domain name. Before contracting this service, they must check that the chosen domain name is not already registered. However, due to the purely informative nature of the search, if the result indicates that the domain name is available, it should not be interpreted definitively as the database might not be updated or the domain name might be registered by a third party, in the time lapse between the domain name registration request and its confirmation.

• The holder expressly waives any contractual or non-contractual responsibility claim for damages to DonDominio, even to the corresponding Registry, for not obtaining the registration or renewal of the corresponding domain name, without prejudice to the exercise of any legal actions that may correspond to them before the competent body or as provided by current legislation.

• The domain name holder accepts that neither DonDominio nor the competent Registry bears any kind of responsibility for losses or liabilities that may arise from the domain name award results, among others, not responding to the holder's expectations.

• The holder is solely responsible for the use of the domain name, exonerating DonDominio and the competent Registry from any liability arising from this use.

• The use of the domain name for conducting illegal activities is prohibited for the holder. The holder guarantees DonDominio that the chosen domain name is not registered for illicit purposes and does not infringe upon third-party intellectual property and industrial rights or other legitimate rights and interests.

• The holder is solely responsible for the content of their website, the information transmitted and stored, their operations, hyperlinks, third-party claims, and the legal actions they may trigger regarding intellectual property, rights of personality, and child protection.

• The holder is responsible concerning applicable laws and regulations and rules related to the operation of the online service, e-commerce, copyright, maintaining public order, as well as universal principles of Internet use.

• The holder of .be domain names must adhere to the Terms and Conditions for .be domain names established by DNS .be (http://www.dns.be/).

• The holder of .biz domain names declares that:

  • The domain name will be used in good faith, for commercial or business purposes and will not be registered for personal use or with the intention of selling, renting, or trading it.
  • They possess sufficient capacity to accept this contract.
  • The domain name is reasonably related to the business or commercial purpose of the holder at the time of registration.

• The holder of domain names acknowledges and accepts that the minimum length allowed for a .tv domain name is four characters, while in the case of .cc domains, it is three characters.

• For .tel domain names, the holder acknowledges and accepts that their purpose is to facilitate a predefined web space where they can publish their contact details, especially aimed at communication software applications. This space is not valid for hosting standard web pages.

Access to the Control Panel of the web space where the contact data associated with the .tel domain name is published will be done with a user and password generated automatically by Telnic, which, once the .tel domain name is registered, will send it to the domain holder's contact email, who must change them after their first access.

FIFTH.- LIMITATION OF LIABILITY

As far as the law allows, the holder will not claim judicially or extrajudicially against DonDominio or the gTLD registration service providers to which DonDominio must turn at any time to process a domain registration in connection with losses suffered as a result (i) of DonDominio and the corresponding Registry's handling of the domain name, (ii) the modification to the domain name registration throughout the Registration Period, (iii) the failure to pay the registration or renewal fee by their representative, or (iv) the application of the Dispute Resolution clause. The holder agrees that, in the case that DonDominio incurs any liability, such responsibility will never exceed the payment of the fee paid to DonDominio for the services provided.

In no event will DonDominio, nor its managers and senior officers, directors, shareholders, agents or employees incur any liability related directly or indirectly to the holder's use of the domain name.

SIXTH.- INDEMNIFICATION

The holder of a domain name agrees to indemnify, defend, hold harmless, and exempt from any liability both DonDominio and the corresponding Registry, as well as its directors, officers, employees, agents, and affiliates from all claims, damages, liabilities, expenses, etc. including reasonable legal fees and expenses generated or related to the domain name registration of the holder. This obligation will survive the termination of the contract.

SEVENTH.- WARRANTIES

The holder declares and guarantees that all information provided regarding their registration is complete and correct.

The holder states that they are not aware that registering the domain name or its use violates the rights of a third party.

The holder guarantees DonDominio that the chosen domain name is not registered for illicit purposes and does not infringe upon third-party intellectual property and industrial rights or other legitimate rights and interests.

The holder accepts any potential DonDominio requirement, in compliance with ICANN-imposed standards or conditions, to verify the accuracy of published data in the competent Registrar's whois, and, if necessary, to have them updated through the procedure established by DonDominio.

Consequently, the holder accepts that DonDominio may contact them or their administrative contact directly whenever ICANN requires such interventions.

Failure to comply with these warranties will be considered a contract breach, allowing both DonDominio and the gTLD registration service providers to which DonDominio must turn at any time to process a domain registration to cancel the domain affected by this breach.

EIGHTH.- DOMAIN NAME USE TERM

Upon ceasing the proper use of the domain name: a) either by not renewing it and before it is available for registration by another holder or b) by simply not using the domain name while it remains registered, the holder must comply with the obligations previously assumed before the cessation of its use toward DonDominio, the gTLD registration service providers to which DonDominio must turn at any time to process a domain registration and toward third parties.

NINTH.- MISCELLANEOUS

• The waiver by any of the parties to exercise rights they may have in case of non-compliance with any provision of this contract by the other party will not be considered a waiver to exercise them in case of any other non-compliance with the same or another provision.

• If any provision of this contract is declared void or unenforceable, in whole or in part, by any court, the remaining provisions will retain their validity. In turn, DonDominio, the gTLD registration service providers to which DonDominio must turn at any time to process a domain registration will amend or replace such provision with another that is valid, enforceable, and which achieves, within possible limits, the original objectives.

• The Parties acknowledge that the entry into force of this contract does not imply any type of representation, delegation, warranty or other provisions other than those expressly described in this contract; and accordingly, all terms, conditions, warranties, or other aspects implied by conventions or general regulation are explicitly excluded to the limits permitted by law.

• The domain name holder agrees not to request a Registrar change within 60 days from when the initial registration was made or the last registrar change occurred.

• The domain name holder accepts that the competent Registry bears no responsibility, of any kind, for losses or liabilities arising from the domain name award results during the Sunrise Period and Land Period, including: (a) the incapacity or inability of a person to submit the preregistration application, and (b) the results of any conflict over the Sunrise Period and Land Period.

• The holder acknowledges and agrees that the multilingual domain names' operation and functionality are in a provisional phase, pending full technological adaptation, so they may vary depending on the browser and email program used in each case, requiring some of them the download of an application that adds this technical feature.

• Exclusively for .mobi domain names, mTLD Top Level Domain Ltd. (“dotmobi”), as the authorized Registry for .mobi domain names, is considered a third-party beneficiary of this contract. Consequently, the parties of this contract acknowledge and agree that the rights of dotmobi as a third-party beneficiary have been granted and that dotmobi has relied on its rights as a third-party beneficiary under this agreement, by agreeing that DonDominio is an authorized registrar for .mobi domain names. Additionally, the rights of the third-party beneficiary will survive once this contract is terminated.

• For .tel domain names, the holder acknowledges and agrees that their purpose is to facilitate a predefined web space where holders can publish their contact data, especially aimed at communication software applications. This space is not valid for hosting standard web pages.

• In case of termination or rescission of the contract, for any of the cited reasons or any others admitted by law, the holder must comply with the obligations assumed before the contract's termination towards DonDominio, towards the Registry, and towards third parties.

• In cases where the contract termination is due to DonDominio's fault, DonDominio will act according to the provisions for these cases by the corresponding Registries and ICANN.