Obligations and responsabilities of a domain name holder Ref.: 241008

[This translation is provided by nicline.com as a courtesy. However, the Domain Holder should take into account that the original language of the registration agreement is the Spanish language. In case of any dispute arising from the interpretation of its contents, the Spanish text will prevail and shall be admissible as evidence]

This document sets forth, in a non-restrictive way, the obligations corresponding to a domain name holder (hereafter the holder), so that the end user of the service, is duly informed about the conditions and obligations he assumes by registering and maintaining a domain name and with the aim of helping each RSP to fulfil the obligation to keep the Holder of a domain name informed:

1. Use of the information provided

ICANN, EURid, Red .es and Fundació puntCAT, Accredited Registrar nicline.com has been authorized to resell Second-Level Domain Names - 2TLDs. such as com, .net, .org, .info, .biz, .mobi, .ws, .eu, .cat, .es, .com.es, .nom.es, .org.es and .es-IDN capable extensions - .com.es, .nom.es and .org.es. Thus nicline.com shall take all necessary measures to renew and maintain domain names and proceed with all those Changes of Ownership and Changes of Registrar requested by the RSP through NicLine fully automated tool provided for such purpose.

The Holder will have to provide and maintain updated the details of the domain registration so that these are complete and accurate during all the domain lifetime.

When requesting the registration, transfer, change of ownership or other data, change of registrar etc. the owner of the domain name (registrant), directly consents and authorizes the collection and transfer to the competent body, including the processing and publication of the data related to the public whois information: (i) name of client, postal address, active email address, fax , telephone number, language etc. for himself, for the technical and administrative contact,  as well as (ii) the name of an authorized person, whom will be contacted in the case that the owner is an organization, association or cooperative.  (iii) the IP address of the primary server and any other secondary server. (iv) the corresponding names of any of the servers and (v)any other data of the registered domain name which should appear on the database of Whois, just as required by the competent Registrar and Registry.

Additionally for .eu  and .be domains:

The Holder agrees that the wilful provision of false or misleading information or the wilful failure to update this information shall constitute an immediate breach of this contract and shall be a basis for cancellation of his domain name.

If the Holder licences the use of the domain name to a third party, he will remain responsible of this domain name and therefore for any obligations arising from its use, as long as he continues being the domain holder.

The holder acknowledges and agrees to the use, copying, distribution, and publication of some of the personal data provided during the registration process according to the ICANN (Internet Corporation for Assigned Names and Numbers) policy. Moreover, the holder accepts that the ICANN could impose guidelines, limits and/or conditions related with the quantity and type of information that the Registrar could or should put at the disposal of public or private organisations. Except as otherwise set forth herein, the Registrar will not reveal the holder’s personal information to third party unless it is necessary to maintain his domain name.

The holder authorizes EURid and/or DNS. be to process and transfer to third parties the data included in a .eu and/or .be domain registration request in the following cases: 

  1. If it is requested by a public agency in the exercise of its legitimate tasks.
  2. At the request of the Alternative Dispute Resolution Service Providers mentioned in section 16 of the Terms and Conditions of registration of .eu domains, available at http://www.eurid.eu/, and in article 10 of the Terms and Conditions for .be domain names, published at http://www.dns.be/ .
  3. According to what is established in section 2 (Function of Whois search) .eu Whois policy published in:  http://www.eurid.eu/ and in article 7 c) of the Terms and Conditions for .be domain names, relating to the disclosure of the data contained in the Whois, published at http://www.dns.be/ .

The holder authorizes and consents nicline.com, to yearly contact him with the intention to verify that all the existent data available on the database published in whois are correct.  In the case that the existent information in the database is not correct, the holder also commits to process, in the shortest time possible, to update information.  Since deliberately providing incorrect information constitutes a material breach of the contract of domain names, and shall be the basis of cancellation of its domain name(s).

The Holder therefore acknowledges and agrees that nicline.com contacts him directly in those cases established in ICANN policies and agreements. In particular, the holder obliges himself to promptly update its existing details in the Whois database and answer within fifteen calendar days to any inquiries by the Registrar concerning the accuracy the domain name contact details. The wilful provision of false or misleading information shall constitute a material breach of the domain name agreement and be a basis for cancellation of its domain name.

2. Policy of use

2.1 The domain name holder acknowledges and agrees to fulfil the terms and conditions of this agreement, the Uniform Domain Name Dispute Resolution Policy as well as any other agreement or policy published by the competent Registry or ICANN.

Additionally  the holder declares that he agrees and accepts and that he should abide , in all circumstances, with the compulsory requirements of all the norms and regulation applicable to domain names, .eu included, without limitation, Regulation 733/2002; Regulation 874/2004; Regulation 1654/2005, the registration policy,  the terms and conditions, the WHOIS policy, the Sunrise rules, the Alternative Dispute Resolution rules and the Supplementary Rules for Alternative Dispute Resolution, according to what published in the EURId website (http://www.eurid.eu/) and the Czech Arbitration Court (http://www.adr.eu/)

The Holder acknowledges that nicline.com, EURid and/or the corresponding Registry could modify these terms, if necessary, in order to fulfil its agreement with ICANN of any other competent organisation.

In the case of .be domains, the RSP declares and accepts that the .be domain owner has to submit to the referred in the Terms and Conditions for the .be domain names established by DNS.be (http://www.dns.be/).

The .mobi domain owner knows, accepts and agrees that he should abide to the requirements, norms, politics, procedures and practices available in the style  guide for the .mobi domains. (pc.mtld.mobi/mobilenet/dotmobi_guides.html ) and accepts the supervision of his web page in order to verify it complies with such guidelines .  Additionally the domain owner, knows and accepts that this Guide is subject to change from the Registry, and commits himself to comply to such changes, in the specified time indicated.

Specifically , the corresponding Web pages to the .mobi domain, have to fulfil the requirements listed below:

Periodically, the Registry and/or the Registrar shall verify that such requisites are being fulfilled, notifying the administrative contact of the .mobi domain, if they are not being fulfilled

The web pages which do not comply with these requirements for more than 60 days, shall stop working. These domain names shall be blocked by the registry (Registry -Hold), however they shall still continue to be registered in the name of the domain owner.

The complete procedure can be consulted at http://pc.mtld.mobi/switched/reg_compliancepolicy.html

All Second and Third level ccTLDs and the corresponding IDNs shall be liable to Orden ITC/1542/2005 of May 19th on the National Plan for Internet Domain Names under the corresponding Spanish country code dot es (.es) and Order of June 1st, 2007 issued by the Spanish Public Registry Red.es General Manager on IDN-capable .es domain names and all clauses issued by Spanish Registry Red.es through the website http://www.red.es/.

For all .cat domain names the RSP hereby commits himself to getting acquainted, knowing and fully complying at any time with all the requirements for a .cat domain name registration as set forth in the Terms and Conditions for dot cat Domain Name Registration Procedure, ICANN Rules and Regulations for Uniform Domain Name Dispute Resolution Policy - UDRP, Fundació PuntCAT Eligibility Requirements Dispute Resolution Policy – ERDRP and all Meditation Proceedings which might be involved.  Also the RSP hereby binds himself to all terms and deadlines set forth by the ruling .cat accredited foundation – Fundació PuntCAT through the website http://www.domini.cat/.

The domain Holder hereby acknowledges and accepts that a .cat domain name can only be requested by following either one of these two procedures:

a) Through Post Validation Procedure:

Once the .cat domain name registration request is finished Fundació PuntCAT shall email the .cat domain Holder enclosing copy to the Administrative Contact entered during registration providing one URL address from which the domain Holder needs to accept all conditions of use for a .cat domain name.  During this stage the .cat domain name shall rest in a temporary state called “pendingCreate” remaining in the inoperative “serverHold” status.

The domain Holder shall accept all terms and conditions hereto in a seven (7) day deadline.  Otherwise his registration request shall be denied and the .cat domain name shall be free and open for registration.

Should all terms and conditions hereto be accepted by the Holder the .cat domain name shall remain validated and fully available for the Holder.

On a regular basis Fundació PuntCAT shall cross-examine whether the .cat domain name is being used according to all registration terms and conditions accepted by the Holder.  Should  Fundació PuntCAT become aware of any prospective breach of such registration terms and conditions one email will be sent to the domain Holder requesting correction or amendment in a given deadline.

Once the deadline is over Fundació PuntCAT shall examine the .cat domain name over again and decide whether misuse of the .cat domain name still remains.  Should this be the case a second email will be sent to the domain Holder and the .cat domain name status will be moved to “serverHold” and remain inoperative.  Should deadline set forth in this second email be met and misuse still remain the .cat domain name shall be deleted and remain free and open for registration.

All .cat domain names requested through this Post Validations Procedure shall be registered for a time frame spanning from one (1) to ten (10) years from date to date.

b) Through a .cat Code Procedure:

The .cat Code granted by the Fundació PuntCAT needs to be entered during registration of the .cat domain name.

nicline.com shall forward your .cat registration request and the .cat Code to Fundació PuntCAT for them to validate such a code and move on to register your .cat domain name.

Should Fundació PuntCAT declare that the .cat Code forwarded during registration is not valid the .cat domain name registration shall automatically be ineffective.  Then nicline.com shall email the Holder with an automatic message providing this new information and refunding the money spent while trying to register the .cat domain name.

All .cat domain names requested through this .cat Code Procedure can only be registered for one (1) year from date to date.

2.2 The fees for the registration and renewal of a domain name, as well as the cost set for any service related to the domain names shall be paid in advance. Should the fees corresponding to the registration or renewal of a domain name go unpaid within the time period established, the related domain name will expire and be cancelled. The holder acknowledges and agrees that VeriSign, Inc., Public Interest Registry, Afilias Limited, Global Domains International, Inc (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltd.), EURid, Red .es and Fundació PuntCAT, are released from any responsibilities regarding such cancellation.

Should a domain name renewal go unpaid 6 days after its expiration date, the domain name will be placed in “Registrar Hold” status and get deactivated for 24 days. Thirty days after its expiration date, the domain name will enter in a phase called “Redemption Grace Period” for an additional 30 days period. NicLine.com is not liable and is released from any responsibility should a domain name in Redemption Grace Period not be effectively reactivated. Once this period is finished, the domain name will no longer be renewable and will be fully deleted and available for a new registration within five days.

The .eu and .be domain names can be reactivated in a maximum of a 40 day period, immediately after its cancellation (because domain has not been renewed or any other cause).

All .es domain names not renewed before expiration date will result in the technical inactivity of the domain fifteen (15) days after expiration date which means that the .es domain will be free for registration thirty (30) days after expiration date.  During this thirty-day period renewal price will be the same as registration price.

nicline.com will inform of any modification on the specifications and duration of these periods by the competent organizations.

2.3 By virtue of the domain name registration, the individual who appears as the holder acquires the sole right to use the above mentioned domain name for its forwarding in the Internet Domain Name System during the period determined by the competent Registry, as long as he supports the payment of its renewal and assumes all the obligations related with its ownership, as well as the terms established by the competent Registry and the ICANN.

Therefore, the holder assumes the sole responsibility and the exclusive risk regarding the conformity of the domain name requested with the competent Registrar and/or Registry policy in any event and at any time.

The Holder shall be sole responsible for his domain name selection.  Prior to signing contract with nicline.com the Holder is compelled to visit the Whois Data Base and check that the domain name he wants to pick has not been registered. Nevertheless, due to the merely informative nature of the search, if the domain name results to be available, it shouldn’t be interpreted in a restrictive way, as the database might not have been updated or the domain name could get registered in the laps of time between the registration request by the RSP and the confirmation of the registration.

During processes of Change of Registrar towards nicline.com the Holder shall fully comply with ICANN regulations which prohibit Changes of Ownership whenever a Change of Registrar is underway. Thus all Change of Ownership requests when a Change of Registrar is underway shall be bound to NicLine proceedings or the Registry´s depending on each particular case.

2.4 The holder agrees to be bound, at any time, by the terms and conditions of the competent Registrar, the Registry, EURid, Red .es, Fundació PuntCAT and the ICANN. The holder assumes exclusively the consequences arising from the breach of these terms and conditions.

The most important addresses to consult these conditions and policy are:

The holder is solely responsible for the use of the domain name, therefore the competent Registrar (nicline.com) is exempted of any kind of responsibility related with this use.

The domain owner understands and accepts the prohibition to use of the domain name for any illegal activity. The holder warrants to NicLine.com that the domain name chosen has been registered neither for illicit purposes nor for infringement of thirds party intellectual or industrial right or any other third party right or interest.

The domain owner compromises not to use to use his domain name to send unwanted commercial communications, in contradiction with any applicable norm.

The Holder is the sole responsible of the content of his web site, of the information transmitted and stored, of his exploitation, of the hypertext links, of the claims of third parties, and of any legal action that could arise from its use regarding intellectual property, personality rights and minor protection.

The Holder is responsible regarding the laws and regulations into effects and the norms related with the online service operability, electronic commerce, royalties, maintenance of the public order and universal principles of use of the Internet.

2.5 nicline.com and/or the competent Registry reserve the right to suspend, reject, cancel or transfer any domain name if necessary, to its understanding, in any of the following events:

2.6 The Holder expressly renounces any claim for any contractual or extra-contractual responsibility or damages towards nicline.com and EURid, DNS.be, Red .es, or Fundació PuntCAT, including to the corresponding Registry, because he hasn’t obtained the registration or the renewal of a domain name, without prejudice to the exercise of the legal actions against the competent organisation.

The domain name Holder accepts that neither nicline.com nor the competent Registry have any kind of liability for the loss or the assignation of the domain name, among others should the domain name does not correspond to the Holder’s expectations.

Should the registrant fails to duly use the domain name: a) either because it hasn’t been renewed and before it becomes available for a new registration b) or because the domain name falls into mere disuse during its lifetime, the domain name Holder shall continue to fulfil the obligations assumed formerly towards the Registry, the competent Registrar and any third parties.

Exclusively for the .mobi domain names, mTLD Top Level Domain Ltd.  ("dotmobi"), is the authorized  Registry considered as a  third party beneficiary .   Consequently, the parties of this contract recognize and agree the rights of dotmobi as third party beneficiary, they have granted the rights  of dotmobi of a third beneficiary under this agreement, and agreed that nicline.com shall be the accredited registrar for. mobi domain names. Besides, the rights of the third beneficiary shall remain once the contract has ended.

2.7 After request from the domain Holder and only when necessary nicline.com shall give the domain Holder the authorization code within ten (10) calendar days.

3. Guarantee Discharge and Responsibility Limitation

3.1 Once this Agreement has become effective the Holder shall understand and accept that such an Agreement does not mean any other representations, guarantees or legal provisions different to those contained herein.  Any other terms, conditions, guarantees or contractual issues coming from general rules and regulations shall not be binding to the maximum extent permitted by the law.

Without prior written consent from nicline.com the Holder shall not be allowed to grant rights or obligations from this Agreement to any third parties.  Should the Holder obtain such prior written consent he shall be compelled to abide by all rules and regulations from the Registry to be able to grant rights or obligations to any third parties.

3.2 nicline.com or VeriSign, INC, Public Interest Registry, Afilias Limited, Global Domains International, Inc (GDI), Neulevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltd.), EURid, DNS.be, Red .es, Fundació PuntCAT or the competent Registry organisations, as long as it is legal, are released from any responsibilities for damages that could be caused to the holder arising from the loss caused as a consequence of (i) domain name processing by nicline.com, (ii) the modification of the domain name registration during the domain lifetime, (iii) the lack of payment of the registration or renewal fees by its representative, or (iv) the application of the Dispute Resolution Policy.

The holder agrees not to claim, neither judicially nor extra-judicially, against nicline.com, VeriSign, Inc. , Public Interest Registry, Afilias Limited, Global Domains International, Inc (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltd.), EURid, DNS.be, Red .es, Fundació PuntCAT or competent registry organisations.

Under no circumstances, may nicline.com, nor the managers and top executives, administrators, shareholders, agents or workers dependent on the company, be directly or indirectly liable in any lawsuit relating to the use that the holder makes of the domain name.

The Holders acknowledges and accepts that, in cases when nicline.com incurs in any responsibility, this liability shall never exceed the refund of the fees paid to nicline.com for the service.

Should the contract be terminated or discharged, due to the aforementioned causes or any others envisaged by law, the domain name holder is to comply with its obligations assumed prior to the termination of the contract with respect to nicline.com, to the Registry and to third parties.

Should the contract be terminated or discharged due to causes attributable to nicline.com, the latest will act according to the procedures laid down by the competent Registries or ICANN.

4. Indemnity

The holder agrees to indemnify, defend and hold harmless nicline.com, VeriSign, Inc., Public Interest Registry, Afilias Limited, Global Domains International, Inc (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltd.), EURid, DNS.be, Red .es, Fundació PuntCAT or any competent registry organisation, his directors, officers, employees, agents, and shareholders from and against any claim, damage, responsibility, costs and expenses, including legal fees and reasonable costs that could incur in relation with the domain name he owns. This indemnity is additional to any other indemnity demanded regarding the dispute policy. This obligation shall remain valid after termination of this agreement.

5. Warranties

1. The domain name holder acknowledges and agrees for the following purposes:

In addition to the aforementioned terms, for .biz domain names, the holder should warrant that:

2. The domain name holder acknowledges and agrees to the “Personal Data Protection Policy”.

3. The domain holder compromises to accept any request from nicline.com, according to the ICANN‘s procedures and conditions, to verify the accuracy of the information published in the competent Registries Whois and, if necessary, to update the domain name through the procedure established by nicline.com.

As a consequence, the domain holder authorises nicline.com to contact directly the holder of the domain names or its Administrative Contact, in such cases when the ICANN requests this kind of interventions.

4. The breach of theses warranties will be considered as a breach of the Contract, so that nicline.com, as well as VeriSign, Inc., Public Interest Registry, Afilias Limited, Global Domains International, Inc (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltd.), EURid, DNS.be, Red .es, Fundació PuntCAT or any competent Registry organisation could cancel the domain name.

6. Privacy Policy.

nicline.com as well as the RSP guarantee to take all the necessary technical or organisational security measures established by the current regulation for the fulfilment of the Personal Data Protection Policy.

The holder knows that the personal information provided for the registration of its domain name is transmitted to nicline.com for its processing and moreover, he acknowledges and authorizes the publication and the transmission of this personal information to the competent organisations.

nicline.com informs the holder that the personal information provided for the domain name registration, transfer of ownership or any modification related to personal information, according to the Art. 11.2 of the Basic Law for Personal Information Protection (LOPD) are provided to the Organisation or Competent Authority in charge of the registration of the domain name (international Companies with different levels for Personal Data Protection), this information is provided for the only purpose of processing your request and register the domain name or modifications requested. By requesting the registrations, the holder allows this information to be transferred and stored in these organisations database for technical or operability purposes.

In this way, and as required by the ICANN, the holder authorizes the publication of the information related with the ownership, administrative, technical and billing contact of the domain name which must be published in the Whois of the competent Registries.

nicline.com will not be responsible for any breach by the RSP or the Holder of the LOPD regarding its corresponding activities.

7. Domain names conditions and Uniform resolution policy

The holder accepts any demand for resolution for a domain name registration and agrees to submit to the regulatory resolutions for Domain Names Disputes approved by the ICANN on October 24th , 1999.

This regulatory policy for Domain Names Dispute (DOMAIN NAME DISPUTE RESOLUTION POLICY) binds to the Domain names private contract and sets forth the terms and conditions regarding a dispute between the holder and a third party different from nicline.com regarding the registration and use of the Internet domain name registered by the holder.

The actions will be carried out according to the Uniform Domain Name Dispute Policy approved by the ICANN on October 24th , 1999, available on www.nicline.com/company/policy.htm, and the administrative-dispute-resolution service provider's supplemental rules. This policy shall be modified at any time and at the discretion of ICANN. Should the holder not agree with the modifications introduced, he shall request the cancellation of his domain name.

The .biz domain name holder also agrees to be bound to the terms and conditions of Neulevel, Inc. Restriction Dispute Resolution Policy (RDRP) available at: www.neulevel.biz/ardp/docs/rdrp.html

For the .eu domain names, the holder acknowledges  to accept any possible requirement for arbitration related to the registered domain name and to submit to the Dispute Resolution Rules of .eu which are available at http://www.adreu.eurid.eu/, together with general ICANN regulation.

The Alternative Dispute Resolution process (hereinafter ADR) should be initiated only if the criteria of speculation or abuse are met, or if it is considered that a decision taken by the Registry does not match the norms and regulations fo the .eu domains.

In the case where an ADR procedure is initiated, if the criteria of a speculative and abusive domain are met,, according to Art21 of the General Interest Policy rules, if the panel backs the request, the name could be transferred to the complainant, if he fulfils the registration criteria .

For those  disputes which may arise regarding the .be domain names, the owner accepts submitting to the  Alternative Dispute Resolution process(hereinafter ADR), developed by DNS .be with the Belgian Centre for Arbitration and Mediation.

For all ccTLD .es domain names Holders shall be legally bound to the Extrajudicial Conflict Resolution Proceeding for ccTLD .es domain names. This proceeding is fully available for consultation through http://www.nic.es/.

Domain Holders shall commit themselves to processing and managing all prospective .cat Uniform Domain Name Resolution Disputes, Fundació PuntCAT Eligibility Requirements Dispute Resolution Agreements  - ERDRP and ICANN Rules and Regulations for Uniform Domain Name Resolution Disputes – UDRP.

Fundació PuntCAT Eligibility Requirements Dispute Resolution Policy – ERDRP is a Fundació PuntCAT-endorsed legislation in full compliance with ICANN rules and regulations.

Breach of any of the requirements set forth in the rules and regulations section observing the .cat domain name registration process shall initiate one ERDRP Proceeding.

This ERDRP Proceeding shall not replace the ICANN Rules and Regulations for Uniform Domain Name Dispute Resolution Policy – UDRP, or sentences passed by judges from competent courts, bodies or authorities whatsoever.  This ERDRP Proceeding is only complementary to the above mentioned UDRP policy and legal judgements as an alternate way to cancel or transfer all those domain names registered and remaining fully uncompliant with any of the requirements set forth in the .cat domain name registration terms and conditions.

Engaging in one Dispute Resolution Proceeding started by Fundació PuntCAT shall not be mandatory to .cat domain name Holders except for those cases foreseen on the rules and regulations of the Sunrise Stage.  Outcome of this Dispute Resolution Proceeding shall not be binding whatsoever.

This Dispute Resolution Proceeding is an option available for the domain Holder and shall be processed and managed by goodwill experts fully committed to trying to come to terms with third parties in all those third-party claims requesting ownership or legal control of any given .cat domain name.

Neither nicline.com nor the Registry will be liable for any damage, neither regarding technical nor administrative operability, caused by the involvement of a domain name in a Dispute Resolution process or the result of such process.

nicline.com will not act as an arbiter for any dispute resolution between the claimant and third persons for the use of the domain name.

In case of any dispute arising between the Holder and a third party regarding the use of a domain name, the Holder agrees to indemnify, defend and hold harmless VeriSign, Inc., Public Interest Registry, Afilias Limited, Global Domains International, Inc (GDI), NeuLevel, Inc., dotMobi (mTLD Mobile Top Level Domain, Ltd.), EURid, DNS.be, Red .es, Fundació PuntCAT and ICANN according to the terms and conditions set forth in the Uniform Domain Name Resolution Policy.

For the resolution of domain names disputes, according to the provisions of the UDRP regulation, the holder shall submit to a court jurisdiction at the location of either the principal office of the Registrar or the domain-name holder's address ( as displayed in the whois database), without prejudice to submission to any other applicable jurisdiction.