IONOS SE Registration Agreement

Changes to this agreement

1. The Registrar reserves the right to amend this Agreement at any time as a result of a change in policy by ICANN, any Registry or Our changes. Any material changes to this Agreement shall be made with immediate effect and posted on our website at https://www.fasthosts.co.uk/terms/domains/domain-names-terms.
2. If You do not agree to any changes in this Agreement, You shall either cancel the registration of the domain by contacting a support team or transfer the domain to a new provider.

Definitions

1. “Domain name registration” means the process to register a domain name by the Registrant.
2. "Designated Agent" means an individual or entity that the Registrant explicitly authorises to approve a Change of Registrant on its behalf.
3. "Material Change" means a non-typographical correction. The following will be considered Material Changes:
   a) A change to the domain name owner’s name or organization that does not appear to be merely a typographical correction;
   b) Any change to the domain name owner’s name or organization that is accompanied by a change of address or phone number; and
   c) Any change to the domain name owner’s email address.
4. “Registrant” means the person or business who registers a domain name.
5. “Registrar” means the ICANN and Registry accredited company entitled to sell the domain name, whether directly or through a reseller.
6. “Registration term” means the length of time that you register the domain either annually or multiple years and is able to be renewed.
7. ”Registry” means the company responsible for maintaining the Registry for each TLD.
8. “Reseller” resells to the Registrants domains purchased from the Registrar.
9. "ICANN" means the Internet Corporation for Assigned Names and Numbers (ICANN) and is the international non-profit corporation that oversees the assignment of both IP addresses and domain names. It has responsibility for managing root server and TLD name system management and has contractual agreements with both Registries and Registrars. Registrant rights and responsibilities Registrants are provided with a clear summary of terms that relate to Registrant Rights and Responsibilities as set out in the Registrar Accreditation Agreement (RAA). Registrant rights and responsibilities are available here.
10. “Top Level Domains (TLDs)” means the names at the top of the DNS naming hierarchy. They appear in domain names as the string of letters following the last dot, such as “NET” in www.example.net. The TLD administrator controls what second-level names are recognised in that TLD.
11. “ccTLD” or country code TLD means a class of top-level domain only assignable to represent countries and territories listed in the ISO 3166-1 standard. See http://iana.org/domains/root/db. “Community-based gTLD” means a community-based gTLD is a gTLD that is operated for the benefit of a clearly delineated community. An applicant designating its application as community-based must be prepared to substantiate its status as representative of the community it names in the application.
12. “gTLD” means a TLD that does not correspond to any country code.

Transfer of ownership and designated agent

1. All Registrants agree that before a domain name is transferred to another person they must have written consent and the Registrant requires the transferee to agree to be bound by all terms and conditions of this Agreement.
2. You acknowledge and agree that in the event a Material Change in respect of a domain name owner is required for any reason, any responsibility and liability for such Material Changes shall be borne solely by the Registrant and account owner as the Designated Agent. The full ICANN Transfer Policy is available here: https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en
3. The Registrant agrees and accepts that, for reasons of security and/or in accordance with ICANN and other registry policies, the Registrar shall set domain locks under certain circumstances, including but not limited to domain name registrations, domain name transfers, and any Material Changes to domain name owner details, which shall be labeled “clientTransferProhibited”. The Registrant may nevertheless be able to remove the transfer lock in order to allow a transfer of a domain name.

Registrant Information

1. Registrant must provide the following information during the registration process:
   1. Full name (if an organisation, association or corporation: name of an authorized person for contact purposes) and postal address of the registrant;
   2. E-mail address;
   3. Phone number;
   4. Names of the primary and secondary nameserver for the registered domain name: the reseller can supply default Nameservers free of charge.
2. You represent and warrant that You will provide current, complete, and accurate information in connection with your application for a registration, and that You will correct and update this information to ensure that it remains current, complete, and accurate throughout the term of any resulting registration or reservation. You understand that its obligation to provide current, accurate, and complete information is a material element of these terms, and the registrar reserves the right to deny, cancel, terminate, suspend, lock, or transfer any registration or reservation if it determines, in its sole discretion, that the information is materially inaccurate.
   
   By supplying inaccurate information this will be deemed as material breach of this Agreement. It is Your responsibility to ensure that You update the information within seven (7) days of any change during the term of the registration. In the event You wilfully fail to provide the updated information within seven (7) days to Reseller or fail to respond for more than fifteen (15) days to requests by Reseller in relation to the accuracy of the contact details associated with the registration, then this shall constitute a material breach of this Agreement and may result in the suspension or cancellation of this registration.
3. Any Registrant whose intention is to license use of a domain name to a third party is nonetheless the Registrant of record and is responsible for providing its own full contact information to facilitate timely resolution of any problems that arise in connection with the registration. A Registrant licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the registration, unless willing to disclose the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registrant with reasonable evidence of actual harm.

Registration process

1. A domain name can be registered for a period between 1 and up to 10 years. The registration will terminate on the expiry date.
2. Any registration will only become active once the applicable Registry accepts the application. The registrar cannot guarantee the registration of any domain name and cannot be held responsible for any issues during the registration or renewal process. The Registrar will submit all applications to the required Registry for review.
   
   If the request cannot be fulfilled the domain registration fee will be refunded or cancelled.
   
   If the application is successful the domain will become manageable within your account. If the registration is unsuccessful, the Fasthosts will notify You of this via email and the domain will be removed from your account.
3. Upon successful registration of any domain name, the Reseller will fill the domain with content until either connection of the domain to a hosting package, other service or the DNS records point to an external service.

Domain expiry and renewal

1. Your Domain expires in accordance with the agreed contract term with the Reseller. The Reseller will notify You 30 days and then 7 days prior expiration of the domain.
2. If the Reseller is unable to collect the required payment for the renewal of any domain name, the Registrar will not renew the domain name.

Ownership of an expired domain (gTLD Domains)

If the domain reaches its expiration date and will not be renewed according to Section 6, it will not be deleted but remains in the registered state. The domain enters the so-called Auto-Renew Grace Period (ARGP), which lasts 45 days. During the first 10 days of ARGP you can decide to revive the domain without any additional fee.

From day 11 of ARGP to day 30 the domain can be revived for an additional charge. The fees can be found here: https://www.fasthosts.co.uk/terms/domains/domain-names-terms

From 11 days after expiration the ownership of the expired domain will be changed and the domain may be made available at an auction service and may be sold by the Registrar 30 days after expiration.

From day 30 after expiration the domain can only be revived at the current price estimated by the auction service if it wasn’t purchased at auction yet.

The new domain owner will decide on day 46 after expiration, to keep the domain and offer it to other third parties or delete the domain at the Registry. If deleted, expired domains are considered to reside in the 30-day Redemption Grace Period (RGP). During the RGP, expired domains are returned to the Registry and may be redeemed for the normal renewal fee plus a redemption fee which varies by the Registry and can be found here https://www.fasthosts.co.uk/terms/domains/domain-names-terms

Please contact Fasthost Support if you wish to attempt to redeem your expired domain. See https://www.fasthosts.co.uk/support for more information.

Transfer of ownership

1. Registrar transfer
   1. To transfer a domain name into or away from the Reseller the following requirements must be valid:
      a) You may require an authorisation code;
      b) Your domain name must have been registered for at least 60 days;
      c) The domain must be unlocked;
      d) Private Registration (if applied) must be removed;
      e) You must have access to the Registrant email address.
   2. If any of the above requirements are not valid, any transfer request will fail.
   3. Transferring domains from an external provider can only be processed via the Resellers shop. The renewal fee will be invoiced. The domain renewal will be applied after transfer is completed. All transfers regardless of domain extension will need to be acknowledged by the owner of the Registrant’s email address in order to complete the transfer process. Transfer of gTLD domain names are required to follow ICANN’s transfer policy found here: ICANN Transfer Policy

Registrant responsibilities

1. You agree to abide by all policies set forth by the Registrar, the Reseller and the Registries, in addition to any ICANN requirements as specified in clause 2 of this Agreement. The relevant policies are set out below in this Agreement. You agree to comply with any changes in the time period specified for compliance.
2. You agree to abide by all policies set forth by the Registrar, the Reseller and the Registries, in addition to any ICANN requirements as specified in clause 2 of this Agreement. The relevant policies are set out below in this Agreement. You agree to comply with any changes in the time period specified for compliance.
3. You agree to comply with all applicable ICANN requirements and policies found here: Information for Domain Name Registrants.
4. You shall (within thirty (30) days of demand) indemnify, defend and hold harmless the, Registrar, the Internet Corporation for Assigned Names and Numbers (ICANN),the Reseller, the Registry and their respective contractors, service providers, and the members, shareholders, directors, managers, each of their owners, officers, employees, affiliates and agents of each of them and all other persons involved in the registration process from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorney's fees and costs and any other expenses (including on appeal) arising out of or related to your domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration or the use of the domain. You shall not enter into any settlement or compromise of any such indemnifiable claim without the Registrar’s prior written consent, which shall not be unreasonably withheld, and this entire indemnification obligation shall survive the termination or expiration of the Registration Agreement for any reason.
5. All domains under these conditions are registered by the Registrar as an accredited Registrar or accredited Reseller. Should a domain be registered incorrectly by the Registrar or any other person involved in the registration process, e.g. not according to the order, You hereby irrevocably consent to all necessary measures being taken for the correction of such mistake.
6. You acknowledge and agree that the Registry or its agents reserves the right, in its sole discretion, to disqualify You from making or maintaining any registrations or reservations in a domain if it is found to have repeatedly engaged in abusive registrations.
7. You acknowledge that You are prohibited from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law. You accept that the consequences for any such activities (as consistent with applicable law and any related procedures) shall include suspension of domain names.
8. The Registry and the registrar expressly reserve the right to deny, reject, cancel, delete or transfer any registration or transaction, or place any domain name(s) or other transactions or registry lock, hold or similar status, that it deems necessary, in its discretion;
   (a) to protect the integrity and stability of the Registries or the Registry System;
   (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;
   (c) to avoid any liability, civil or criminal, on the part of the Registry, as well as its affiliates, subsidiaries, officers, directors, and employees;
   (d) for violations of this Agreement, including, without limitation any exhibits, attachments, or schedules hereto; or
   (e) to correct mistakes made by the Registry or any Registrar in connection with a domain name registration. The Registry and the Registrar also reserve the right to place a domain name on registry hold, registry lock, or similar status during the resolution of a dispute.
9. You acknowledge that the Registry and the registrar will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation:
   (a) the ability or inability of You to obtain a Registered Name during these periods, and
   (b) the results of any dispute over a Sunrise Registration.
10. You represent and warrant that your use of a domain will not be for any illegal purpose and that it will not undertake any activities that will be in violation of the Registries’ Acceptable Use and/or Anti-Abuse Policy.
11. You accept that domains are intended for and available to applicants and Registrants who are at least eighteen (18) years of age. By applying for, registering, or reserving a domain, You represent and warrant that you are legally entitled to do so.

Data Protection

1. Registrar shall acknowledge and agree that it shall not process the Personal Data as defined in GDPR collected from the Registrant in any way that is incompatible with the purposes and other limitations about which it has provided notice to the Registrant in accordance with this Agreement. Data Protection Information of the Registrar https://www.ionos.co.uk/terms-gtc/privacy-policy/ applies.

Regulated TLDs

1. Regulated TLDs: For “Regulated” TLD domain name registrations, you acknowledge and agree that your registration is subject to the following:
   (a) comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures;
   (b) in the event that you collect and maintain sensitive health and financial data you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law. For a list of Regulated TLDs, see here.
2. Highly Regulated TLDs: In addition to the above, domain name registration in any Highly Regulated TLD is subject to the following requirements:
   (a) You will provide contact information, which must be kept up-to-date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or Industry self-regulatory, bodies in their main place of business;
   (b) You represent and warrant that you possess any necessary authorisations, charters, licences and/or other related credentials in relation to such Highly-regulated TLD; and
   (c) You shall report any material changes to the validity of you authorisations, charters, licences and/or other related credentials in relation to the Highly-regulated TLD to ensure you abide by the appropriate regulations and licensing requirements and generally conduct your activities in the interests of the consumers they serve. For a list of Highly Regulated TLDs, see here.

Dispute Resolution

1. For disputes over the rights to domains, a worldwide Uniform Domain Name Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension System (URS) has been developed by ICANN and adopted by all accredited Registrars. All domains subject to this Agreement are governed by this UDRP and URS. You hereby agree that all disputes on the rights to such domains, especially arising out of trademarks or other intellectual property rights, shall be governed by the UDRP which can be found at https://www.icann.org/resources/pages/udrp-2012-02-25-en and URS found at https://newgtlds.icann.org/en/applicants/urs and comply with the requirements set forth by the Registry for domains registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy.
2. ICANN reserves the right to modify the UDRP and URS at any time. We as accredited Registrar shall implement any such revision speedily and these will become binding upon You. Any revised version will be posted at: https://www.icann.org/resources/pages/dispute-resolution-2012-02-25-en
3. For ccTLD registries they may not use the UDRP or URS process to resolve domain disputes as they may have developed their own processes. Such as Nominet UK who have developed the Dispute Resolution Service (DRS) regarding the ‘Rights of Registration’ of any UK domain name. The DRS policies can be found at: http://www.nominet.uk/resources/policy/policies-rules/#drspolicy

Registries Polices

1. You acknowledge and understand that by accepting the terms and conditions of this Agreement you shall be bound by Registries policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registries websites. Registration policies of the Registry and the terms and conditions applicable to your registration may be found at: https://www.ionos.co.uk/terms-gtc/domain/. You are responsible for monitoring the Registry's site on a regular basis.

Disclaimer of warranties

1. You acknowledge and agree that domain names are provided "as is", "with all faults" and "as available." The Registry, its affiliates and service providers, make no express warranties or guarantees about such domain names.
2. TO THE GREATEST EXTENT PERMITTED BY LAW, THE REGISTRY AND REGISTRAR, ITS AFFILIATES AND SERVICE PROVIDERS, DISCLAIM IMPLIED WARRANTIES THAT THE REGISTRY AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON- INFRINGING. THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS DO NOT GUARANTEE THAT ANY DOMAIN, OR THE REGISTRY’S OPERATIONS WILL MEET YOUR REQUIREMENTS, WILL BE ERROR- FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. THE REGISTRY DOES NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DOMAINS, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. THE REGISTRY DOES NOT GUARANTEE THAT YOU OR THIRD PARTIES WILL BE ABLE TO ACCESS OR USE A DOMAIN NAME (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A REPRESENTATIVE OF THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS SHALL CREATE A WARRANTY REGARDING OPERATIONS OF A DOMAIN NAME IN A REGISTRY TLD.

Limitation of liability

THE REGISTRY and REGISTRAR ITS’ AFFILIATES AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON A DOMAIN NAME IN A DOMAIN. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE REGISTRY, ITS AFFILIATES AND SERVICES PROVIDERS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE REGISTRIES LIABILITY, AND THE LIABILITY OF THE REGISTRIES AFFILIATES AND SERVICE PROVIDERS, SHALL BE LIMITED TO THE AMOUNT YOU PAID TO REGISTER A DOMAIN. YOU FURTHER AGREE THAT IN NO EVENT SHALL THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS, TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. YOU AGREE THAT THE RIGHTS STATED HEREIN SURVIVE TERMINATION OF THIS AGREEMENT.

Governing law

1. Without prejudice to the provisions of local consumer law, this Agreement, its interpretation, and all disputes between the parties arising in any manner hereunder, shall be governed by and construed in accordance with the laws of Germany, without giving effect to any choice or conflict of law provision or rule (whether of Country or any other jurisdiction). You agree to submit to the jurisdiction of courts as above and in accordance with clause 17.2 for the purpose of litigating any such claim or action.
2. Without prejudice to the provisions of local consumer law, this Agreement, its interpretation, and all disputes between the parties arising in any manner hereunder, shall be governed by and construed in accordance with the laws of Germany, without giving effect to any choice or conflict of law provision or rule (whether of Country or any other jurisdiction). You agree to submit to the jurisdiction of courts as above and in accordance with clause 17.2 for the purpose of litigating any such claim or action.