General Terms and Conditions Applicable to every service, product or software provided by EuroDNS S.A.
These General Terms and Conditions and the Specific Terms and Conditions shall be interpreted and applied together as a single instrument (the “Agreement”). The Agreement between EuroDNS and the Customer sets forth the legal rights and obligations governing EuroDNS offering, provisioning and delivery of the Services and the Customer’s receipt and use thereof.
THESE GENERAL TERMS AND CONDITIONS, AS WELL AS THE SPECIFIC TERMS AND CONDITIONS, MAY BE OBTAINED BY THE CUSTOMER AT ALL TIMES BY REQUESTING THEM TO EURODNS. THEY MAY BE MODIFIED BY EURODNS AT ANY TIME AS PERMITTED OR REQUIRED BY LAW. IF THE CUSTOMER OBJECTS TO ANY CRITICAL MODIFICATION OF THE TERMS AND CONDITIONS, THE CUSTOMER SHALL BE ENTITLED TO TERMINATE THE AGREEMENT WITHIN EIGHT (8) DAYS OF RECEIPT OF NOTIFICATION OF THE RELEVANT MODIFICATION FROM EURODNS. THE CUSTOMER AGREES THAT ANY CONTINUED USE BY THE CUSTOMER OF EURODNS SERVICES AFTER THE CUSTOMER HAS RECEIVED NOTIFICATION THAT THE TERMS AND CONDITIONS HAVE BEEN MODIFIED SHALL CONSTITUTE A STATEMENT FROM THE CUSTOMER THAT THEY ACKNOWLEDGE SUCH MODIFICATION AND OF THE CUSTOMER’S WILLINGNESS TO ABIDE THEREBY. EURODNS NOTICE MAY BE DELIVERED BY: (1) POSTING A MESSAGE IN THE CUSTOMER ACCOUNT (2) E-MAIL ; (3) A MESSAGE INCLUDED WITH AN INVOICE; OR (4) POSTAL MAIL . THE CUSTOMER SHALL BE BOUND BY CHANGES AFTER THEY BECOME EFFECTIVE.
2.1. The main objective of these Terms and Conditions is to set forth the conditions under which EuroDNS offers the services specified in Article 3 hereof to its Customers.
2.2. The Customer expressly acknowledges having read and understood the Terms and Conditions. The same shall apply to any beneficiary of a Domain Name transfer realised by EuroDNS. By using the EuroDNS website and placing an order via such website, the Customer accepts the Terms and Conditions in their entirety and without reservation. The terms and conditions hereof, including its annexes, shall remain in effect for the entire term of the contractual relationship and any events or circumstances arising there from (e.g. term of the registration and any renewal thereof).
2.3. Only the French version of the Terms and Conditions is binding upon EuroDNS and its Customers. Any translation hereof such as this one that is available on the EuroDNS website is provided for informational purposes only; for the avoidance of doubt, only the French version shall apply and prevail in any and all interpretation including but not limited to in a court of law.
EuroDNS provides the following services in its capacity as a Domain Name Registrar:
3.1. Search engine for Domain Name availability
The EuroDNS website provides, free of charge, a search engine to determine availability of a Domain Name. This search engine, which is partially based on data provided by the relevant Registries, is made available to the general public for informational purposes only.
The data supplied by the search engine is of an informational nature only and shall not entail any obligation, duty or liability on the part of EuroDNS, including in regard to any use that may be made of such data or the accuracy of such data.
3.2. Domain Names Registrations and Renewals
EuroDNS shall register Domain Names and renew the registration thereof under various Extensions, insofar as the Customer has placed an order for such Domain Name or its renewal pursuant to the terms and conditions described below. The list of the Extensions in which the Customer can do so is updated regularly on the EuroDNS Website.
Acting only as an intermediary, EuroDNS shall register Domain Names with the relevant organisms or competent contractual partner(s) (namely the Registry or Registrar, hereinafter referred to as the “Provider” or “Providers”) for purposes of fulfilling the Customer’s order.
However, in carrying out this process, EuroDNS will not perform any action to verify in any manner whatsoever the availability of the designation that the Customer wishes to adopt as a Domain Name.
In carrying out any operation relating to the registration or modification of administrative or technical data, or the revocation, cancellation or removal of a Domain Name, EuroDNS’s role is strictly limited to acting directly or indirectly on the Customer’s behalf vis-à-vis the authority in charge of Domain Name attribution in the relevant domain zone.
Prior to its expiration date, the Customer will have the option to renew his Domain Name using EuroDNS’s automated processing system. EuroDNS will notify the Customer several times that the Domain Name is about to expire. The email will also describe the various Domain Name renewal methods. Such emails shall be sent to the email address provided by the Customer. EuroDNS shall not be held responsible or liable in the event the Customer fails to take the necessary steps to renew its Domain Name, if the email address provided by the Customer is erroneous or out of date, and/or if the Customer fails to receive the email containing the Domain Name expiration notification. The Customer shall assume sole responsibility for renewing his Domain Name.
If the Customer fails to renew his Domain Name prior to the expiration date thereof, the Domain Name will become available for registration by a third party subject to the procedures described in the previous paragraph, within the time period set by the Provider, and in accordance with the procedures defined by the Registry.
Where applicable, EuroDNS reserves the right to, either directly or on behalf of a third party, register a Domain Name neglected by the Customer (as described above). The Customer understands and agrees he has forfaited its right to contest such registration by failing to take the necessary action prior to the expiration of the Domain Name. An abandoned name registered in the aforementioned fashion can be used for Parking Pages pursuant to Article 8 hereof or for any other purpose at the discretion of EuroDNS, subject to the provisions of Article 11 hereof.
3.3. Domain Name activation
When placing an order for a Domain Name, the Customer shall choose whether the Name is to be hosted on the EuroDNS DNS servers or on any other DNS server.
Use of EuroDNS DNS servers shall be free of charge insofar as such use is fully and reasonably in line with the service offered. If the Customer decides to host the Domain Name on the EuroDNS servers without creating a homepage associated with such Name, the Customer grants EuroDNS the right to associate the typing of a Name as an URL in an internet browser with the display of a Parking Page as defined in Article 3.6 hereof.
The Customer shall be entitled to alter his choice of server at any time. Such modification could be subject to a fee depending upon the domain zone involved. Such fees can be found in the EuroDNS price list, which is available on the EuroDNS Website.
Should the Customer elect to transfer the management of the Name to another Registrar, the Customer shall no longer be entitled to benefit from EuroDNS free of charge services. Additionally, registration or activation of a Domain Name does not constitute a valid license to host web pages or a full website on EuroDNS servers.
3.4. DNS servers and compliant Domain Name administration
The Customer agrees that functional DNS servers are needed for purposes of registering Names, and that proper internet functionality depends on them.
EuroDNS shall preferentially use DNS servers supplied by the Customer (hereinafter referred to as the “Customer DNS”) for purposes of validating the Name registration. However, if the EuroDNS customer service department ascertains that the Customer’s DNS is invalid, the following actions shall be taken:
3.5. URL redirection; Domain Name transfer
Following an authenticated request by the Customer using his user name and password pursuant to Article 4 hereof, EuroDNS shall redirect the URL or shall transfer the Domain Name ordered by the Customer to a destination of the Customer’s choosing.
The URL redirection procedure shall be determined online by the Customer.
EuroDNS shall accept a Domain Name transfer request insofar as such request is transmitted to EuroDNS via the EuroDNS website no fewer than seven (7) working days prior to the Domain Name expiration date. This period shall be subject to extension amounting to the period of notice defined by the Registry. If the transfer request is submitted after this period, the Customer shall extend the Domain Name registration period by a minimum of one year, following which period the Customer shall be entitled to submit a new transfer request for such Domain Name.
3.6. Parking Pages
If, upon registering a Name, the Customer abstains from linking such Name to a specific website or web page, EuroDNS shall be entitled to display a web page whose express purpose is to avoid a situation in which web surfers encounter an error 404 message. Such page shall, at EuroDNS’s discretion, offer various services such as a search engine and may contain advertising.
The Customer shall be entitled to lodge a written objection to having the Customer’s Name associated with a Parking Page, by mailing an explanatory letter to the address indicated on the following URL: http://www.eurodns.com/info/contact/
3.7. Other services
At the Customer’s behest, EuroDNS shall be entitled to realise other operations relating to Domain Names such as transfer procedures, Domain Name portfolio management, administration and so on.
EuroDNS shall be entitled to charge such service, which, unless stipulated otherwise hereunder, shall be subject to the Terms and Conditions as well as any terms and conditions that are defined for the specific service.
When placing his first order, the Customer shall register using a login name and a password of his choosing that shall enable the Customer to identify himself to the EuroDNS servers and to carry out various operations such as submitting a new Domain Name registration application, modification of existing Domain Names and so on.
Any modification in the Customer’s account shall be subject to entry of the Customer’s login name and password.
The Customer shall bear sole responsibility for the management and preservation of the login name and password that have been attributed to him.
Any instructions received by EuroDNS that include the Customer’s login name and/or password shall be presumed to have been submitted by the Customer. Hence, EuroDNS cannot be held responsible for any fraudulent use of such login name and/or password, which are personal and confidential elements that the Customer shall not disclose to any third party under any circumstances.
In the event of loss or theft of the Customer’s login name and/or password, or if the Customer has reason to believe that his login name and/or password have been disclosed to any third party, the Customer shall modify his login name and password without delay.
Additionally, the Customer shall notify EuroDNS in writing of any change in the Customer’s legal or business status (particularly any change of address) pursuant to Article 7 hereof. Any failure on the Customer’s part to fulfil this reporting obligation could prevent EuroDNS from providing its services in a proper and professional manner, inasmuch as EuroDNS needs to know the exact identity of its Customers in order to send Customers information for operations such as Domain Name renewal.
5.1. The order form
Each request from the Customer to EuroDNS shall be made by submitting an online order form, subject to the terms and conditions described below.
The Customer’s request for services is embodied by completion of an order form on the EuroDNS website. Pursuant to Article 2 hereof, submission of an order form to EuroDNS constitutes acceptance of the Terms and Conditions by the Customer in their entirety without any possibility of withdrawing such acceptance in whole or in part.
In addition, by submitting the order form, the Customer implicitly accepts in advance and without reservation the legal, administrative and technical rules and regulations relevant to “Naming” that are applicable to Domain Names associated with the Extension specified in the registration application submitted by the Customer.
In submitting the order form, the Customer also implicitly accepts in advance and without reservation the rules and regulations governing the resolution of any conflict that might arise between the Domain Name owner and a third party in the Domain Zone specified in the registration application.
The EuroDNS website contains up-to-date links to the applicable rules and regulations, with the proviso that it is the Customer’s sole responsibility to obtain from the competent organisms updated documents (relative to the link documents) that describe the rules and regulations as a whole. The foregoing notwithstanding, in the course of the Customer’s activities on the EuroDNS website, the Customer will be advised of the most relevant administrative and technical restrictions pertaining to the registration of the Name in the extension for which an application is being submitted (see Annex 1 hereof).
5.2. Conclusion of the contract
The electronic order (pertaining to registration, renewal or any other matter) realised by the Customer (who shall have full legal competence to enter into a contract) shall only constitute a definitive order upon payment in full of the required emoluments (as detailed on the EuroDNS website) for EuroDNS’s activities, and upon submission of all official documents required by the Registry for registration of the Domain Name.
The Customer shall receive a confirmation of receipt of his order within 24 hours of submission, except insofar as EuroDNS declines to accept the order for reasons specified herein or for any other cause deemed reasonable by EuroDNS. The Customer shall be deemed implicitly to have received such confirmation pursuant to the provisions of Article 7 hereof.
With regard to any territoriality issue that may arise hereunder, the contract between EuroDNS and the Customer shall be deemed to have been concluded at the EuroDNS head office, as indicated on the www.eurodns.com/info/contact/ page.
The Customer agrees that performance of the contractual service (which shall be partially realised via an automated process) shall begin prior to the conclusion of the legally allowable cancellation period, which means that the Customer will not be able to cancel the order after having submitted it.
EuroDNS hereby expressly stipulates that for the purposes hereunder, the Customer is the physical and moral person that establishes an account on the EuroDNS website. Any order submitted via such account shall be billed solely to the Customer that is the account holder. If a Customer acts on behalf of a Limited Partner, the Customer shall nonetheless be responsible for such Partner’s compliance with and fulfilment of the Terms and Conditions, as well as for the payment of any invoice arising from any order that the Customer may have placed.
In accepting an order, EuroDNS’s obligations shall be strictly limited to transmitting the Customer’s application to the relevant Provider within eight days of receipt of such application and after having received all of the documentation that is required for Domain Name registration.
If the competent organism declines to register, renew or transfer the Domain Name pursuant to the Customer application, or if the Provider lacks the competence to approve the Customer’s application, EuroDNS shall promptly notify the Customer of this decision.
In such a case, within one month following transmission of the notification of the Customer’s registration application, EuroDNS shall refund the Customer in full the amount paid for the relevant service, in accordance with the provisions of Article 10.6 hereof.
Under no circumstances shall EuroDNS be held responsible or liable for any direct or indirect consequences for the Customer of any refusal on the part of the Provider to whom the application was submitted to register or renew the registration of a Domain Name.
If the Customer’s registration application is accepted, EuroDNS shall confirm by email acceptance of the application Domain Name registration, renewal or transfer.
It is hereby expressly stated that transfer of a Domain Name registered by EuroDNS to another Registrar shall not be subject to reimbursement of any monies paid to EuroDNS for the realisation of prior operations such as registration, modification and administration pertaining to such Domain Name. Execution of a Domain Name transfer request shall be contingent upon payment of all unpaid invoices as well as payment of any transfer charges due.
6.1. The Customer shall supply EuroDNS with any necessary information and shall be solely responsible for the accuracy of such information. Under no circumstances shall EuroDNS be responsible or liable for information submitted by the Customer and any loss or damage that may arise from such information. The Customer shall indemnify EuroDNS for any costs or expenses arising from any damage or loss that is directly or indirectly attributable to erroneous information supplied either by the Customer or by a third party who has access to the Customer’s EuroDNS account.
6.2. The Customer shall fulfil the obligations specified in Article 7 hereof and shall recognize the consequences arising thereto. The Customer shall also notify EuroDNS of any change in his legal status. Any failure on the Customer’s part to fulfil these obligations could prevent EuroDNS from providing the contractual services hereof in a proper and professional manner (particularly preservation of the Customer’s rights to the Domain Name of interest). Under no circumstances shall EuroDNS be responsible or liable for any default arising from such failure on the Customer’s part.
6.3. The Customer hereby declares that he has read, understood and accepted the general terms and conditions of any document (or of a document of similar scope bearing a different designation) issued by any competent national or international authority within whose purview the Customer’s Domain Name registration activities or the Domain Name registration activities of the Registries concerned falls.
6.4. The Customer’s obligations shall exceed those of Article 6 and shall encompass the entirety of the Terms and Conditions, and specifically the provisions of Articles 7 and 8 hereof.
7.1. The Customer agrees that proper communication between him and EuroDNS on a regular basis is essential to its proper use (including passive use) of the Services. Accordingly, the Customer must properly consult and acknowledge any relevant information transmitted by EuroDNS.
7.2. To this end, and to allow EuroDNS to reach the Customer as well as properly administer the Customer’s Domain Name or Names, the Customer agrees to provide EuroDNS with current and updated address information. Such information shall consist of the Customer’s email address, postal address, valid phone number at which the Customer can be reached from 9 a.m. to 9 p.m. GMT/UT, as well as an administrative contact number (hereinafter referred to collectively as “Contact Information”).
7.3. In accepting the Terms and Conditions, the Customer agrees that all email sent to the Customer by EuroDNS shall be deemed to have been received and read, immediately upon error-free transmission of such email to the email address provided by the Customer in his Contact Information by EuroDNS’ SMTP server.
7.4. The Customer agrees to consult the EuroDNS website, and specifically the dedicated Customer Area, on a regular basis and no less than once every four weeks, so as to check the status of his Customer’s account and read any messages that the EuroDNS customer service department may have transmitted to the Customer. Any message or notification posted in the Customer Area to which the Customer fails to respond within one month following posting of such message shall be deemed to have been read and accepted by the Customer in regard to any possible subsequent effect.
8.1. The Customer agrees to send EuroDNS promptly all documentation (hereinafter referred to as “Documentation”) that is needed to establish the validity of the Domain Name registration request to the satisfaction of the relevant Registry.
8.1.1. Within three days of submission of the registration application via EuroDNS website, EuroDNS shall contact the Customer using the Contact Information provided by the Customer in order to obtain the necessary documentation (hereinafter referred to as “Request for Documentation”).
8.1.2. Following realisation of the first Request for Documentation, EuroDNS shall make two additional attempts to contact the Customer using the email address provided by the Customer in his Contact Information. The second Request for Documentation shall be realised five days after the first Request, and the third Request for Documentation shall be realised ten days after the second Request.
8.1.3. It shall be the Customer’s responsibility to contact EuroDNS prior to initiation of the third Request for Documentation, using the Customer’s own resources and the means of communication described on the website, most notably the email address email@example.com. The Customer can use this opportunity to change his Contact Information.
8.1.4. The Customer acknowledges that any delay in submitting the necessary documentation to EuroDNS will entail additional work for EuroDNS team and could potentially impair operation of the relevant Registry. Hence, the Customer expressly agrees that realisation of the second and third Request for Documentation shall bear a charge amounting to a specific percentage of the registration fee, and that such charge shall be automatically debited by EuroDNS using the method of payment defined by the Customer. The amounts of such charges are listed in Annex 2.
8.2. If EuroDNS has not received the necessary documentation within 15 days following transmission of the third Request for Documentation, the domain name or names in question will be cancelled and become automatically available for registration by a third party pursuant to the rules defined by the relevant Registry.
9.1. EuroDNS reserves the right to either expand or reduce the scope of its services. If any such service expansion or reduction is realised, EuroDNS shall notify the Customer of such expansion or reduction via the website by posting a notification in the Client Area and/or by sending an email to the address provided by the Customer in his Contact Information.
Thus, EuroDNS reserves the right to suspend temporarily or permanently Domain Name searches and/or the sale of Domain Names pertaining to specific Extensions.
9.2. EuroDNS reserves the right to raise prices as shown on EuroDNS website to take into account any factor such as any new or modified requirements imposed by the Registries or Providers; any monetary parity that may take effect; or any supplementary taxes that may be levied. EuroDNS shall notify the Customer accordingly via the EuroDNS website or by sending an email to the address provided by the Customer.
9.3. EuroDNS reserves the right to amend its Terms and Conditions. In such a case, EuroDNS shall notify the Customer accordingly via the website, by posting a notification in the Client Area and/or by sending an email to the address provided by the Customer in his Contact Information.
If the Customer objects to any critical modification of the Terms and Conditions, the Customer shall be entitled to terminate the contract within eight days of receipt of notification of the relevant modification from EuroDNS. The contract shall be terminated in accordance with the provisions of Article 15 hereof. The Customer agrees that any continued use by the Customer of EuroDNS services after the Customer has received notification that the Terms and Conditions have been modified shall constitute a statement from the Customer that he acknowledges such modification and of the Customer’s willingness to abide thereby.
9.4. EuroDNS shall take all steps necessary to bring any Domain Name registration, renewal or transfer process to a successful conclusion vis-à-vis the Provider insofar as the Customer has placed an order for such registration renewal or transfer pursuant to the terms and conditions hereof. The Customer acknowledges that EuroDNS disclaims all express or implied guarantees that EuroDNS will bring the Domain Name registration, renewal or transfer process to a successful conclusion.
9.5. EuroDNS reserves the right to refuse to register any Domain Name that (a) violates the Terms and Conditions of the Registries or Registrars; (b) is defamatory or an affront to public decency or contrary to law or public order; or (c) violates any provision of the present Terms and Condition, specifically the provisions of Article 11 hereof.
The first sentence of this Article 9.5 notwithstanding, EuroDNS does not systematically check the content of Customer orders and is therefore not in a position to assess the ramifications of specific Domain Name choices in terms of specific national statutes, Registry codes or customs and traditions. Hence, EuroDNS shall be responsible neither for any Domain Name choice that appears in a Customer order, nor for any repercussions of such choice. Specifically, EuroDNS disclaims any express or implied guarantee that a Customer’s Domain Name choice will not violate third party rights such as intellectual property rights (see article 11 hereof).
10.1. The currently valid prices shall be those indicated on the EuroDNS website and shall be subject to change pursuant to Article 9.2 hereof. All prices are in euros unless otherwise specified and are exclusive of VAT, which shall be paid by the Customer. The payments shall be made at the head office of EURODNS and in euro (EUR), unless otherwise agreed between EURODNS and the Customer. Any additional fee attached to the payment shall be at Customer's expense. Foreign payments shall be carried out at the transferor's expense (for example, foreign bank transfers shall bear the indication "our cost" or "OUR"). The net amount received by EURODNS shall be strictly equal to the price due by the Customer.
10.2. Unless otherwise stipulated or determined by EuroDNS, orders shall be payable immediately and shall be realised online via the EuroDNS website, using a type and/or brand of credit card that is accepted by EuroDNS and is depicted as such by means of the relevant logo (e.g. and among others Visa or MasterCard) on the EuroDNS website.
EuroDNS’s activation of the products and/or services accruing to the Customer’s account shall be contingent upon EuroDNS receiving full payment for the Customer’s order.
10.3. Under certain circumstances and at EuroDNS’s discretion, EuroDNS may accept deferred payment. Any Customer who benefits from such deferred payment agrees, by accepting the Terms and Conditions, to abide by the specific terms of payment that will be indicated on the invoice corresponding to the order for services provided by EuroDNS.
10.4. The Customer agrees that any invoice for services provided by EuroDNS shall be transmitted to the Customer electronically to the email address provided by the Customer in his Contact Information. The Customer shall be entitled to ask the EuroDNS customer service department to send the Customer a printed invoice, if the Customer so wishes. In view of the fact that the email address provided by the Customer in his Contact Information must be valid, active and available seven days a week, the Customer shall not be entitled to lodge any claim with EuroDNS in the event an emailed invoice is not received. In addition, EuroDNS shall indicate in the Customer’s account, for the Customer’s information, all invoices that have been issued to the Customer’s account, as well as the payment statuses of such invoices.
10.5. Any invoice or amount that is not paid upon falling due shall be subject, without formal notice, to interest charges amounting to 10 percent of the annual unpaid amount, until such time as the outstanding amount is paid in full. Any remaining unpaid balance shall also incur (without formal notice) a penalty of 15% on the unpaid principal, subject to a €25 minimum and a €1250 maximum. In addition, EuroDNS shall be entitled to reimbursement of €75 for each formal notice (as extra-judicial costs). The Customer expressly agrees that the Client shall pay EuroDNS an indemnity for any unpaid balance, pursuant to Article 8 of La loi du 18 avril 2004 relative aux délais de paiement et aux intérêts de retard (Luxembourg law pertaining to penalty for late payment with interest), as compensation for court costs incurred by EuroDNS in collecting the unpaid funds including bailiff’s fees, legal fees, collection agency fees, experts’ fees and so on.
If a EuroDNS invoice remains unpaid, and after the Customer has received a Final Reminder email indicating that the unpaid amount is to be paid by a specific date, EuroDNS shall be entitled to deny Service to the Customer and thus make the registered Domain Names unavailable to the Customer, by redirecting users to a Parking Page, blocking EuroDNS services or other measures. Insofar as possible, the Customer shall be entitled to request that his EuroDNS services be reactivated, providing that all unpaid invoices and late payment penalties and interest pursuant to Article 8.5 hereof have been paid. The Customer shall assume all administrative, technical and other costs arising from deactivation and/or reactivation of his EuroDNS account
EuroDNS shall be entitled to refrain from responding to any Customer request to take action for any Domain Name if the Customer is or becomes indebted to EuroDNS for any reason whatsoever.
If any invoice is not paid within eleven months of the invoice date, the Domain Name or names associated with such invoice shall be deleted from all EuroDNS databases as well as the databases of the relevant Registry. Such Domain Name shall then become eligible for registration by a third party, a EuroDNS Customer or another Registrar, pursuant to the applicable rules of the Registry within whose purview the Domain Name or Names in question fall.
10.6. Accounts created by EuroDNS are also intended to be used for non-monetary transactions between EuroDNS and the Customer.
10.6.1. To this end, EuroDNS shall provide the Customer with a debit/credit account within the Customer’s EuroDNS account at the following address: http://www.eurodns.com/creditAccount
In other words: If (i) the Customer wishes to realise a prepayment or if (ii) EuroDNS needs to reimburse the amount of a Customer’s order for any reason, the Customer’s account will automatically be credited with the relevant amount within three working days beginning from the date of receipt of the prepayment or notification of the reimbursement.
Such credit to the Customer’s account shall result in neither charges nor interest for the Customer.
10.6.2. The Customer is entitled to use his account balance for other services such as the purchase of other Domain Names, and EuroDNS shall be entitled to make deductions from the Customer’s account for any outstanding amounts from past orders.
The Customer can also submit a written request to EuroDNS to receive cash conversion of lump sum written in the Customer’s outstanding account balance.
10.7. In selected cases, and upon receipt from the Customer of a written request either by email, fax or postal mail, EuroDNS could reimburse the balance of the Customer’s credit/debit account.
10.7.1. The reimbursement is subject to the following conditions:
10.7.2. The most recent version of the present Terms of Reimbursement are available on the EuroDNS website (http://www.eurodns.com/documents/terms-and-conditions#annex2), and the Customer acknowledges said Terms.
10.7.3. Acceptance of the Terms and Conditions and submission of a request for reimbursement pursuant to the provisions of the Terms and Conditions (hereinafter referred to as the “Reimbursement”) constitute express acceptance by the Customer of the most recent version of the Terms of Reimbursement.
10.8. In view of certain Registry practices, particularly in regard to the “Sunrise Period” that may be set up before the completely open registration of a Registry, EuroDNS may debit the Customer’s registration fees in whole or in part without any absolute certainty as to whether the target Domain Name will ultimately be validated by the Registry. Hence, EuroDNS can not guarantee that any specific Name will be available for the Customer. The aforementioned procedure makes allowances for the vagaries of Registry policies and their impact on Customers.
10.9. In accepting the Terms and Conditions, the Customer acknowledges that he may be subject to the payment of administrative penalties if any action or default on the Customer’s part prompts a Registry or Provider to refuse to validate a Name, or if the Customer impairs the functionality of EuroDNS teams, as specified in Article 8 hereof.
11.1. Third party rights (intellectual property, personality rights etc.)
In realising any operation relating to Domain Name registration, administration or any other operation for which the Customer has enlisted EuroDNS’s services, the Customer shall not infringe the rights of others. Pursuant to Article 12 hereof, the Customer shall assume sole responsibility for the consequences of any infringement of third party rights.
Specifically, the Customer shall be solely responsible for selecting the Domain Name, and shall bear sole responsibility for any infringements of, among others, personality rights, intellectual property rights, distinctive and pre-existing marks, commercial names, trade names or domain names, or any copyright or industrial property rights.
Hence, it shall be the sole responsibility of the Customer to conduct any research regarding the antecedents of any distinguishing marks, trade names and the like before performing a registration request, and more generally to ensure that the Domain Name selected does not infringe any third party rights.
In view of the far-reaching scope of a registered Domain Name, it shall also fall to the Customer to take all steps necessary to protect his Domain Name and its utilisation efficaciously, particularly in regard to national and international laws, trademark protection and similar matters.
11.2. Wrongful Registration
The Customer shall refrain from using EuroDNS services for any illicit purpose such as the fraudulent appropriation of Names with a view to selling such names to the legitimate owner of a distinguishing mark or the corresponding Name. The Customer agrees that this type of activity could constitute an instance of improper Domain Name registration which would violate regulations pertaining to honest business practices and unfair competition. Pursuant to Article 12 hereof, the Customer shall assume sole responsibility for the consequences of any improper activities, which are beyond EuroDNS’s control from all standpoints including technical.
11.3. Terms and conditions pertaining to the use of services in the information society
In using his Domain Name, the Customer shall abide by all applicable electronic commerce statutes, including in particular Luxembourg’s law of 14 April 2000 on electronic commerce including explicitely the regulations therein pertaining to spamming, as well as European Community directives (irrespective of whether they have been transposed into national law) currently in force pertaining to electronic signatures, electronic commerce and protecting data privacy.
11.4. Compliance with laws and regulatory statutes currently in force
The Customer shall take all steps necessary to ensure that the Domain Name for which he has submitted a registration application to EuroDNS does not violate any law or regulatory statute currently enforceable in Luxembourg or elsewhere pertaining to public order, public security and public decency. Pursuant to Article 12 hereof, the Customer shall be solely responsible for any violations of such rules or laws.
In addition, the Customer shall refrain from the use of any false identity and shall not attempt to defraud or deceive other persons through such use.
The Customer shall refrain from sending any email containing or suspected of containing viruses such as Trojan horses, worms, time bombs or any other computer program that could damage the computer operating system of any content recipient.
The Customer shall abide by any law or statutory regulation to which the Customer may be subject by virtue of the Customer’s use of any Domain Name that has been registered through EuroDNS and and/or any Provider.
12.1. EuroDNS shall not be responsible for the inadequacy of any service provided by EuroDNS that the Customer uses to achieve specific aims.
Prior to placing an order for EuroDNS services, it shall be the Customer’s personal responsibility to ensure that such services are adequate for the Customer’s purposes by reading the description of EuroDNS’s commercial offer, which is available from the EuroDNS website and/or from the EuroDNS technical service department. By accepting the Terms and Conditions, the Customer acknowledges that he is sufficiently familiar with the content, context and scope of EuroDNS services.
12.2. EuroDNS shall not be responsible for any delay or non-performance resulting from any instance of force majeure as the latter is commonly defined by custom, law and the courts, or for any outage in any electrical grid, telecommunications system, or the internet itself, or for any other instance of force majeure or any other circumstance over which EuroDNS has no sole and direct control.
12.3. EuroDNS shall not be responsible for any act committed by the Customer that violates the statues and regulations described in Article 11 hereof.
If unannounced spot checks of Customer activities by EuroDNS give rise to a well founded suspicion that the Customer is infringing or has infringed the provisions of Article 11 hereof, EuroDNS shall transmit an email to the Customer at the address provided in the Customer’s Contact Information instructing the Customer to cease all activity that infringes such provisions. If the Customer fails to cease such activity within five days, EuroDNS shall be entitled to suspend all services that have been ordered by said Customer. In such a case, the Customer shall not be entitled to any reimbursement of the Customer’s contract.
12.4. Under no circumstances shall EuroDNS be liable for any direct, indirect, special, incidental, consequential or exemplary damages of any kind whatsoever that result from any loss of use, lost data or lost profits arising from or associated with the use or functionality of the EuroDNS website or the inability to use said website, or arising from the supply or failure to supply services, or any cost or damage resulting from any information, software, product, service or graphic element associated with or obtained from the EuroDNS website or resulting from the use of such website, irrespective of whether such liability is contractual or non-contractual. Any loss of data within the meaning of this Article 12.4 arising from any circumstance whatsoever shall constitute an indirect loss.
12.5. EuroDNS shall not be responsible for any technical inaccuracy or typing errors pertaining to the information on the EuroDNS website, which shall be subject to periodic modification. Hence, EuroDNS reserves the right to optimise and/or modify its website at any time. EuroDNS shall not be responsible for any malfunction, service interruption or error that occurs in any electronically published element during a modification period
12.6. The Customer shall abide by the rules and regulations pertaining to the Domain Name registration and acknowledges of the fact that said rules and regulations are subject to change. The Customer acknowledges and accepts that EuroDNS has no control over such rules and regulations. Hence, EuroDNS shall not be responsible for the consequences of any modification in these rules and regulations.
The Customer acknowledges and agrees that Domain Name registration decisions made by the Registries are based on the proprietary terms and conditions of registration of said Registries. EuroDNS shall not be responsible in any way whatsoever if an application to register a Domain Name is denied by the Registries or if a Domain Name registration is invalidated, cancelled or suspended for any reason whatsoever, even if the Domain Name appears to be available in the search database and even if the Customer has already paid his registration fees.
The Customer is solely responsible for selecting and registering Domain Names.
12.7. EuroDNS reserves the right to refuse to register a Domain Name if the Customer has failed to pay the amount due for such registration. EuroDNS shall not be responsible in the event a Domain Name requested by the Customer is registered by a third party during the period beginning on the date the Customer submits his registration application and ending on the date upon which the Customer’s payment for such registration takes effect
12.8. The parties hereto expressly agree that under no circumstances shall EuroDNS’s liability exceed the amount paid by the Customer during the year preceding the year in which an indemnification claim is asserted, insofar as such amount was paid for the products and services to which the indemnification claim pertains. Under no circumstances shall any such indemnification claim exceed €1500 (one thousand five hundred euros).
12.9. EuroDNS shall not be responsible for the loss of any document required by registration organisations. In this regard, the Customer is advised that he should only send such organisations copies of documents that are certified or that have no value.
12.10. Under no circumstances shall EuroDNS be held responsible or liable for any loss or damage caused in connection with the use of EuroDNS services that are provided free of charge. The Customer shall not be entitled to assert any claim for loss or damage in connection with any malfunction in EuroDNS services, irrespective of the nature of such malfunction or the consequences thereof.
12.11. EuroDNS shall take all steps necessary to ensure that the quality of the services provided by EuroDNS subcontractors and co-contractors, as well as by Providers, meets acceptable standards. However, EuroDNS shall not be responsible for any loss or damage incurred by the Customer as the result of any interruption of service that is beyond EuroDNS’s control. EuroDNS shall not be responsible for any malfunction that affects the internet or for any loss or impairment of access to servers resulting from internet maintenance operations.
13.1. The Customer shall hold EuroDNS and the Provider harmless against any third party action resulting from or related to the use of EuroDNS services by the Customer. This guarantee shall mean in particular that the Customer shall provide EuroDNS and/or the Provider with any assistance required by EuroDNS and/or the Provider in mounting a legal defence and shall indemnify EuroDNS and/or the Provider for any loss or damage incurred by EuroDNS and/or the Provider as the result of any such claim.
13.2. The Customer acknowledges that his use of the Domain Name that he has registered via EuroDNS is his sole responsibility and that EuroDNS and/or its employees shall not be held liable or responsible for such use in any manner whatsoever.
In particular, the Customer shall hold EuroDNS harmless against any third party action or compensation or indemnification claim asserted for any reason whatsoever arising from the content of the Customer’s website, any registration or modification of a Domain Name, or the use of any messaging service. Toward this end, the Customer shall assume the cost and expense of any damage or loss incurred by EuroDNS as the result of any court ruling.
13.3. Additionally, the Customer shall assume all legal fees and court costs incurred by EuroDNS in defending its interest, including instances in which an amicable settlement is reached between an injured third party and the Customer or EuroDNS.
14.1. Personal data pertaining to the Customer will be stored in EuroDNS files in Leudelange, Luxembourg. The Customer can exercise its right to access and correct such data by contacting EuroDNS at the address indicated in Article 1 hereof. EuroDNS shall not store such data any longer than is necessary for the efficient operation of EuroDNS services.
14.2. The Customer expressly authorises EuroDNS to process such data for purposes of running its customers database and so as to ensure the full disclosure of the users of the Domain Name system in accordance with the applicable legal regulations. Hence, the Customer expressly authorises EuroDNS to disclose the following information to Providers and the general public: the Customer’s name, the Customer’s address, the Customer’s phone number, the Customer’s email address, the registration date of any proprietary Customer Domain Name, and the Customer’s native language to be used in the event of any litigation, for WHOIS among other services. Should Customer fail to authorise disclosure of the aforementioned information, EuroDNS will not be in a position to provide the Customer with the Services.
14.3. The Customer expressly authorises EuroDNS to process the Customer’s personal data in order to conduct market research and promotional campaigns in connection with EuroDNS products and services. Any Customer that does not wish to receive promotional material from EuroDNS can stipulate as such by sending an email to firstname.lastname@example.org or by sending a postal letter to the address indicated at http://www.eurodns.com/info/contact/
14.4. Without prejudice to the foregoing provision, EuroDNS shall process Customer data confidentially.
Hence, EuroDNS shall refrain from disclosing to, selling, or sharing with any third party the Customer’s data (name, email address, phone number, fax number, GSM number, demographic data and identification data), except insofar as is necessary for the performance of the contract between the Customer and EuroDNS and for the specific purposes described hereunder (hereinafter referred to as “Legitimate Purpose”), without the Customer’s prior and informed written consent (knowledge of the reason for processing the data). In disclosing the Customer’s data to a third party for a Legitimate Purpose, EuroDNS shall verify and confirm that said third party has agreed to use the Customer’s data for a Legitimate Purpose and that such third party has warranted that he will abide by the applicable statutory rules and obligations pertaining to the use of personal data.
14.5. EuroDNS shall take all steps necessary to ensure that all bank information that is submitted to EuroDNS is kept secret. However, EuroDNS shall not be held responsible or liable for any embezzlement committed on the internet or by any third party.
In this regard, the Customer acknowledges and accepts all risk resulting from use of public networks such as the internet and assumes all consequences arising from such use. EuroDNS shall not be held responsible or liable in the event the lack of adequate protection results in other users viewing information that has been communicated to EuroDNS during or after the data capture process.
15.1. The Customer shall be entitled to terminate the Customer’s contract with EuroDNS at any time whatsoever. Such termination shall be realised by sending written notification of intent to terminate the contract, two months in advance of the intended termination date, by registered letter (hereinafter referred to as the “Registered Letter”) to EuroDNS at the address indicated on: http://www.eurodns.com/info/contact/ The two month period of notice shall begin only upon payment of all amounts due EuroDNS. In such a case, any reimbursement of monies paid by the Customer shall be excluded.
Upon receipt by EuroDNS of the Registered Letter, the Customer shall hold EuroDNS harmless from any responsibility arising from any request for transfer, renewal, non-renewal or any other request for service in connection with the Customer’s Domain Name. EuroDNS shall take all possible steps to fulfil Customer requests. However, in view of the fact that the terms and conditions governing the transfer, renewal and non-renewal of Domain Names are specific to each Provider or Domain Name purchaser, EuroDNS shall not be held responsible or liable for any failure to execute, or execute in a timely manner, a request for services in connection with the Customer’s Domain Name.
Renewal of the registration of any Domain Name that expires following receipt of the Registered Letter shall be excluded.
15.2. EuroDNS shall be entitled to terminate any currently enforceable contract for services by sending written notification of intent to terminate such contract two months in advance of the intended termination date, via registered letter to the address provided by the Customer. In such a case, the following conditions shall apply: (a) The Customer shall be reimbursed for any previously ordered product or service, pro rated for the remaining contractual period, which shall begin 30 days following the date of EuroDNS’s notification of intent to terminate the contract; (b) The Customer shall be entitled to transfer any proprietary Customer Domain Name registered or administered by EuroDNS to another Registrar, subject to the terms and conditions hereunder.
If the Customer fails to abide by the provisions of the Terms and Conditions, EuroDNS shall be entitled to terminate the contract prior to the expiration date thereof in accordance with the procedure described in Article 15.1 hereof. In such a case, any reimbursement of monies paid by the Customer shall be excluded.
EuroDNS shall be entitled to suspend or refrain from renewing a Domain Name registration if the Customer appears to have registered such Name on the basis of erroneous information, or information that is inconsistent with the declarations and guarantees described in Article 11 hereof. In such a case, any reimbursement of monies paid by the Customer shall likewise be excluded.
If the Customer defaults on any of his obligations, or fails to abide by the provisions of Article 11 hereof and/or any currently enforceable statutory regulation, EuroDNS shall be entitled to suspend the Customer’s account (and hence prevent the Customer from accessing EuroDNS services) without prior notice. Any right to claim indemnity as a result of such suspension shall be excluded. Upon such suspension of services, the Customer’s Domain Names shall no longer be visible on the internet and the performance of any transfer, updating or other service on the Customer’s behalf shall be excluded.
Any suspension exceeding 12 months in duration shall result in deactivation of the Customer’s account. In such a case, the Domain Name(s) shall be deleted from all EuroDNS databases as well as from the relevant Registry database(s). Such Domain Names shall then become eligible for registration by a third party, a EuroDNS Customer or another Registrar, pursuant to the applicable rules of the Registry that controls the Domain Name or Names in question.
Should any individual provision hereof be or become void, illegal or unenforceable, the validity of the remaining provisions hereof shall in no way be affected. In such a case, EuroDNS shall replace any provision hereof that becomes ineffective with a clause whose effectiveness and feasibility are as close as possible to the intentions of the parties hereto.
Neither the Customer nor EuroDNS shall be responsible or liable for any failure to fulfil the obligations arising from the present contract at all or in a timely manner, as the result of any instance of force majeure as commonly defined by custom, law or jurisprudence. Any financial incapacity on the part of the Customer that prevents the Customer from paying all costs and expenses arising from EuroDNS services shall not be deemed an instance of force majeure.
If a third party lodges a claim against EuroDNS relating to a Domain Name owned by a EuroDNS customer, EuroDNS shall promptly transmit a notification regarding such claim to the relevant Customer at the address provided by such Customer and shall include with such notification a copy of the third party claim.
In all such instances such third party shall be informed of EuroDNS notification to the Customer, keeping in mind that it does not fall within EuroDNS’s jurisdiction (a) to prejudge the Customer’s or a third party’s rights in regard to an entity registered as a Domain Name; or (b) to transfer such Domain Name on its own initiative.
EuroDNS shall be entitled to charge the Customer for any action performed on the Customer’s behalf in connection with a third party claim, insofar as the Customer fails to acknowledge receipt of the first EuroDNS notification letter in regard to such claim, or if EuroDNS finds it necessary to take action in regard to such claim (e.g. by sending a registered letter and making phone calls) on behalf of the Customer and the party submitting a request or claim. The amounts of such charges are indicated in Annex 2.
Pursuant to the provisions of the Terms and Conditions, if a legal dispute of any kind arises in regard to the Domain Name, EuroDNS and the Customer expressly agree that the Customer shall be solely responsible for the consequences of the relevant litigation and that EuroDNS shall not be involved in such litigation in any way whatsoever, except insofar as the conditions described in paragraphs 1 and 2 of this Article 20 are fulfilled.
If a dispute arises between the Customer and a third party in regard to the Customer’s ownership of a Domain Name, EuroDNS shall not be involved in such dispute in any way whatsoever and recommends that the parties resolve such dispute through the use of conflict resolution tools that have been elaborated by the Registries or the appropriate jurisdictions. If a decision resulting from a dispute is reached that requires EuroDNS’s assistance, EuroDNS shall provide such assistance, which shall not convey any responsibility or liability on EuroDNS’ part toward the Customer or any third party.
In the event of any dispute relating to one or more Domain Names of the Customer, he agrees to defend, indemnify, and hold harmless EuroDNS from all liabilities, claims, and expenses, including attorney’s fees and court costs, as well as any other consequences of any kind incurred by EuroDNS as the result of such dispute.
21.1. Any order, acceptance or contract arising there from shall be governed by the laws of Luxembourg.
21.2. Any dispute relating to the Terms and Conditions or the interpretation or performance thereof that cannot be resolved amicably shall be subject to the sole jurisdiction of the courts of the city of Luxembourg.
21.3. Pursuant to Article 20 paragraph 2 hereof, the Customer agrees to abide by any arbitration court ruling relating to the resolution of any dispute involving the registration or use of a Domain Name registered with EuroDNS, insofar as such regulation or ruling is implemented by any Registry.
The list below is intended for informational purposes only. However, it is also meant to serve as a reminder to the Customer of his obligation to abide by the Terms and Conditions of the various Registries in which the Customer may wish to register one or more Domain Names.
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EuroDNS provides its Customers with credit/debit accounts, in which deposits can be made in the following ways:
Every transaction operated through the Customer credit/debit account shall be registered and available for consultation a the following address: http://www.eurodns.com/creditAccount.
The Customer and/or EuroDNS may settle invoices using the credit/debit account. However they shall not be able to use the balance of this account to partially settle an invoice.
The credit/debit account is not a bank account and as such shall not produce any interest nor have a negative balance.
Payment for EuroDNS services shall be effected via a secured credit/debit card remote payment system.
EuroDNS accepts Visa and MasterCard.
No other form of payment is accepted.
Notwithstanding the aforementioned, EuroDNS may, in specific cases, allow the Customer to execute its payments using Paypal services (“PayPal”).
By using PayPal as method of payment, the Customer can purchase EuroDNS Services using PayPal payment services. In connection therewith, the Customer agrees to allow PayPal to debit the full amount of their purchase from their PayPal account (“PayPal Account”) or from the credit card(s), bank account(s), or other allowed Payment Method(s) linked to the Customer’s PayPal Account (“PayPal Funding Source”).
It is the Customer’s responsibility to keep their PayPal Account and PayPal Funding Source current and funded, and their PayPal Account backed by a valid credit card. The Customer acknowledges and agrees that (a) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of the Customer’s PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (b) in such event, neither PayPal nor EuroDNS shall be liable to the Customer or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for the Customer purchase, the Customer agrees that PayPal and EuroDNS may pursue all available lawful remedies in order to obtain payment. The Customer agrees that if the transaction is returned unpaid, the Customer will pay a service charge of thirty (30) Euros or the maximum amount allowed by law, which may be debited from the Customer PayPal Account or PayPal Funding Source.
By electing Paypal as payment method, the Customer agrees to Paypal Terms of Service available at the following address: https://cms.paypal.com/cms_content/FR/en_US/files/ua/ua.pdf
Terms of payment
EuroDNS invoices shall be payable net immediately upon receipt; no discounts are allowed.
The cost of any bank transfer fees shall be assumed in their entirety by the Customer.
The payment period and/or payment due date shall be indicated on the invoice.
If an invoice remains unpaid after two payment reminders are sent, the following charges shall apply:
Credit card registration
In order to give the Customer a convenient means to settle the fees applicable to EuroDNS’ services, the Customer may register its credit card details with EuroDNS’ payment provider. In such a case EuroDNS will communicate the Customer’s credit card details to its payment provider, but in no event will EuroDNS store this information on its servers. Additionally, the Customer shall remain free to modify or remove at any time the credit card associated to their EuroDNS’ account and registered with EuroDNS payment provider.
Terms of reimbursement
If the Customer does not obtain the desired Domain Name, EuroDNS shall credit the Customer’s EuroDNS credit account accordingly.
Following this reimbursement, the Customer shall be entitled to request lump sum cash payment of the amount of the Domain Name for which payment has been effected.
In such a case EuroDNS shall reimburse the funds using the method of payment the Customer used when the Customer originally placed the order for the Domain Name. In other words, the reimbursement shall be realised either by crediting the Customer’s credit/debit card or via a funds transfer to the Customer’s bank account.
In both cases, EuroDNS shall retain five percent of the total amount, subject to a minimum of 10€ (ten euros).
Transfers to banks within the European Union shall be realised on a “shared charges” basis. Transfers to banks outside the European Union shall be realised on a “fees charged to beneficiary” basis.
For reasons of security, reimbursements shall be realised 120 days following payment of the relevant invoice.
All Customer invoices must be settled before any reimbursement can be realised.
The principal EuroDNS charges shall be included in the Domain Name sale price.
However, EuroDNS reserves the right to bill Customers for handling fees if additional work meriting such charge is incurred by EuroDNS. This can occur for example if the Customer fails to respond to EuroDNS emails, if unpaid invoices must be searched and so on.
The Customer shall be charged for such services at a rate of €75 per hour, in accordance with the amount of work involved
When applicable, EuroDNS may, at its own discretion and without any guarantee, for free, provide the Customer, directly or through a third-party, with a local address or similar information that may be required by a Registry to establish a so-called link with a relevant country or province (“the Presence”). The Customer understands and agrees that the use of the Presence shall not in any circumstance trigger any liability on EuroDNS’ part or of any third party that EuroDNS may use in conjunction with the Presence.
As a result, the Customer expressly agrees not to use the Presence for any unlawful purpose including but not limited to so-called “cyber squatting”, “phishing”, abuse of Intellectual Property rights, display defamatory, derogatory, sensible content or more generally to operate any kind of action that would infringe any law or regulatory statue currently enforceable.
The Customer understands that any such use of the Presence may lead, at EuroDNS’ own discretion and without notice if necessary, to the deletion of the Domain Name registered using the Presence as well as the suspension of the Customer’s account.
The Customer expressly agrees to hold EuroDNS harmless of any and all lawsuit, litigation or dispute that may arise from its use of the Presence. Additionally, the Customer shall assume all costs incurred directly or indirectly as a result of its Registration or of its use thereof, including but not limited to any administrative, judiciary, and extra-judiciary costs.
Should the Presence be provided through a third party, specific conditions may be applicable and available on the Site or as a link to the third party’s own site. The Customer understands that its use of the Presence shall be governed by any and all of such conditions and agrees to be bound by them as it uses the Presence.
While the Presence is provided for free and for the convenience of the Customer but with limited options, it understands and agrees that it remains free at all time to fulfil the relevant Registry’s requirements by any other means of its choosing including but not limited to its own local presence arrangement or a third party’s.
The Presence is provided without any guarantee expressed or implied. In particular, EuroDNS cannot be held responsible should the Presence, among others, no longer be in line with the requirements of the relevant Registry; should the Presence no longer be available.
Should EuroDNS elect to cancel the Presence service in part or in full, it will be the responsibility of the Customer to take any and all steps needed to meet the requirements of the Registry without the Presence. The Customer understands and agrees that, should it fail to do so, the Customer may lose the relevant domain name(s) and EuroDNS’ liability will not be triggered in any way.
EuroDNS provide a dedicated e-mail service strictly attached and linked to a Domain Name you have Registered with EuroDNS and for which the e-mails can be accessible by a "Webmail" mechanism or any other mean that EuroDNS may choose to put at your disposal from time to time (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for EuroDNS to provide the Service.
You understand and agree that the Service is provided "AS-IS" and AS AVAILABLE basis. EuroDNS disclaims all responsibility and liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. EuroDNS also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you .You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract according to the laws of the Grand Duchy of Luxembourg and are not a person barred from receiving services under the laws of Luxembourg or other applicable jurisdiction.
Registration Data and certain other information when you use the Service are subject to the rules set out in Article 14 of the Terms "Confidentiality and protection of Data Privacy". You understand and agree that in its current form the Service does not offer any particular security measure in order to guarantee your privacy beyound what can be expected from similar services.
You understand and agree that the Service is only provided in conjunction with the acquisition of a Domain Name dully paid and registered with EuroDNS. As a result, should said Domain Name fail to be renewed, transferred to another platform, traded to another person, be deleted according to a court order or a settlement, or more generally ceases to be linked to you and/or to EuroDNS, you will lose any and all right to the Service which will be terminated. It is your sole and entire responsibility to backup the content of the Service before such termination and EuroDNS cannot be held liable for any loss of data incurred because of such.
The Service is accessible using the login and password of your regular EuroDNS account. You are responsible for maintaining their confidentiality and for all activities that occur under your password or account. You agree to immediately notify EuroDNS of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. EuroDNS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted to you or by you using the Service, are the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.
EuroDNS does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will EuroDNS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You acknowledge that EuroDNS may or may not pre-screen Content, but that EuroDNS and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, EuroDNS and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
In using the Service, you agree not to:
You acknowledge, consent and agree that EuroDNS may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOS; respond to claims that any Content violates the rights of third parties; respond to your requests for customer service; or protect the rights, property or personal safety of EuroDNS, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by EuroDNS and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Luxembourg or the country in which you reside.
After a period of inactivity, EuroDNS reserves the right to disable or terminate a user's account.
You agree to indemnify and hold EuroDNS and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. In such a case, EuroDNS will provide you with written notice of such claim, suit or action.
You acknowledge that EuroDNS may establish limits concerning use of the Service, including without limitation the maximum number of days that email messages or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on EuroDNS' servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that EuroDNS has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that EuroDNS reserves the right to modify these general practices and limits from time to time.
EuroDNS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that EuroDNS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that EuroDNS may, under certain circumstances and without prior notice, immediately terminate your EuroDNS Mail account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to:
You understand and agree that Termination of your EuroDNS account includes ,removal of access to all offerings within the Service including any e-mail that you may have stored in your mail or webmail account, deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and barring of further use of the Service. Further, you agree that all terminations for cause shall be made at EuroDNS' sole discretion and that EuroDNS shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that EuroDNS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because EuroDNS has no control over such sites and resources, you acknowledge and agree that EuroDNS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that EuroDNS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
This section 17 applies in all situations in which you are charged directly by EuroDNS. If you pay a company other than us for any other service, then the charges and billing terms are as stated by the other company. Even if you do not pay for such a service, you may still incur charges incidental to using the service; for example, charges for Internet access, mobile text messaging, or other data transmission.
You must be authorized to use the payment method entered either for registering the Domain name or for an upgrade to the Service. You authorize us to charge you for the service using your payment method and for any paid feature of the service for which you choose to sign-up or use while this contract is in force. You agree that you may have to pay service charges in advance. Unless otherwise provided by law, all charges are non-refundable unless stated otherwise and the costs of any returns will be at your expense.
The Service is provided for your personal use only. You agree not to use the Service for commercial purposes and you agree not to resell, distribute, transfer, share or otherwise use the Services or any portion of the Services, including any coupons or credits related to same for any commercial purposes whatsoever.
Should you use the Service in conjunction with a professional activity or commercial project, you agree to hold EuroDNS harmless of any consequence that unsupported use may have had thereof.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EURODNS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EURODNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EuroDNS may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
EuroDNS respects the intellectual property of others, and we ask our users to do the same. EuroDNS may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
The TOS and The Terms constitutes the entire agreement between you and EuroDNS and governs your use of the Service, superseding any prior agreements between you and EuroDNS with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other EuroDNS services, affiliate services, third-party content or third-party software.
The TOS and the relationship between you and EuroDNS shall be governed by the laws of the State of Luxembourg without regard to its conflict of law provisions. You and EuroDNS agree to submit to the personal and exclusive jurisdiction of the courts of Luxembourg City.
The failure of EuroDNS to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Due to the specific nature of the .ASIA TLD, DotAsia Organization wishes a tangible link between the .ASIA Domain Name and the Asia Region.
To that end, you need to specify at least one of your contacts as the Charter Eligibility Declaration contact, meeting the Registry's requirement (see http://www.dotasia.org/policies/DotAsia-Charter-Eligibility--COMPLETE-2007-08-15.pdf for official details)
In order to facilitate .ASIA Registration for its loyal customers, EuroDNS will allow its Korean subsidiary to be used as the Charter Elegibility Declaration contact. If you do not have an Asian CED to provide at the time of Registration, EuroDNS Korea will be used by default.
As an introductory offer and to allow you to make the most of .ASIA Domain Names, the EuroDNS Service is provided Free of Charge, at no extra cost to your Registration for the first year. Later on, we may communicate to you the relevant pricing that might be elected you wish to continue the Service.
Please note that the Introductory offer does NOT cover legal costs, administrative costs or otherwise, that EuroDNS may have to incur through your use of the CED Service and that will remain at your charge at all time and be invoiced to you at EuroDNS' sole discretion.