Terms and Conditions for registrations of .CD domain names

1. Object of Agreement

1. Key-Systems GmbH - The dot CD Registry - Berlin and Friedrichsthal/Germany - in the following Key-Systems - is the official registry notified to the "Internet Assigned Numbers Authority" (IANA) as "Administrative Contact and "Technical Contact" (Registry) for cc Top Level Domains with the string .CD - according to ISO 3166-1. In this capacity Key-Systems assigns and registers second and third level domain names with the .CD extension under www.CD, www.NIC.CD and www.CDregistry.net on a first come first served basis.
2. Customers agree to modifications of these terms and conditions four weeks after their publication on the homepage of Key-Systems - The dot CD Registry - and warrant to check the homepage regulary. Disaprouvals should be sent to Key-Systems within four weeks after publication.
3. All services - especially registrations of domain names and renewal of registrations are only accepted on the basis of these terms and conditions. Modifications are only accepted with the written consent of Key-Systems. These terms and conditions - including the annexes - are also the basis for all business relations in the future.

2. Domain registration and renewal of registration

1. Key-Systems registers domain names with .CD extensions as official registry. Administering domain names registered prior to March 15, 2001 Key Systems acts however only as a mediator between the Sponsoring Agency and the customer and has no influence on the administration of those domain names. As there might be rights of a third party involved Key-Systems has no obligation to guarantee the continuity of the existence of any registered domain name.
2. The customer assures that the domain name and the use of the domain does not interfere with or infringe the rights of a third party and that there are no other obstacels to register the domain name.

3. Domain Name Dispute Policy

1. Key-Systems does not examine the right of registrations. If registration of a domain name might interfere with or infringe the rights of a third party the third party has the right to contact the registrant of the domain name. Until the whois database services will be available Key-Systems will inform on the registrant`s contact data on written request of a third party. The request should indicate the domain name concerned, the reason of the request and the personal data of the third party including his address and phone number. In respect to the third party the involvment of Key-Systems is restricted to inform this party about the holder of a disputed domain name. The customer is responsible to protect his interests himself.
2. Customer agrees that Key-Systems has to respect a court decision that may result in a cancelation or transfer of a domain name to a third party if customer does not inform within 10 days after a decision that he has commenced a lawsuit against the complainant in a higher Jurisdiction regarding the right to use the disputed domain name. During a pending legal proceeding or during a period of fifteen (15) days after such proceeding is concluded the customer and/or registrar may not transfer the domain name registration to a third party unless the third party agrees, in writing, to be bound by the decision of the court.

4. Limitation of Liability and Force Majeure

1. As a condition of the customer`s access and use of the registration service and other services the customer agrees to defend, idemnify, save and hold harmless Key-Systems, agents, partners, ICANN, IANA, as well as all persons involved in the registration process in respect to all claims, demands, liabilities, costs and/or expenses resulting from a illegal use of a domain name registered by the customer.
2. Key-Systems, agents, partners, ICANN, IANA, nor any person involved in the registration will be liable to the customer or any third party for any direct or indirect loss of profits, earnings or business opportunities, damages, expense, or costs resulting directly or indirectly from any failure to perform any obligation or provide service herunder because of any Force Majeure, or governmental acts or directives, strikes, riot or civil commotion, war, any natural desaster, equipment or facilities shortages which are beeing experienced by providers of telecommunication services generally, or other similar force or condition beyond Key-Systems reasonable control.
3. Concerning registration of multi-lingual domain names customer accepts that the service might be modified, interrupted or even terminated by the registry without prior notice. Key-Systems has no obligation to guarantee the continuity of the existence or availability of multi-lingual domain names and registration is on customers own risk.

5. Contract

1. An application to use the services of Key-Systems is only accepted if Key-Systems confirms, in writing, the acceptance of the application or if it implements the application.
2. If the customer intended to register more than one domain and some domains are not available he will accept those which could be registered.

6. Life of Contract and Termination

1. The duration of contracts concerning registrations of domain names or renewals of domain names is one (1) to ten (10) years.
2. If the parties do not agree otherwise a contract with a limited duration will be renewed automatically for twelve (12) months if one of the parties does not confirm the termination, in writing, three (3) months before the termination. Apart from the regulations under a) and b) both parties have the right to terminate the contract for an important reason. An important reason on behalf of Key-Systems is non payment.
3. The customer will be informed by e-mail not later than (30) days before the end of the registration period asking payment for renewal. In the case of non payment the domain will be deleted. d) An open ended contract can be finished by giving notice, in writing, not later than ten (10) days before the end of a month.

7. Data and Protection of Data

1. The customer has to transmit the following information and data:

his full name, postal address, e-mail address, voice telephone number, and fax number if available - if the registrant is an organization, association, or corporation - additional information on name and address of an authorized person for contact purposes.

If the customer intends to use an own Domain Name Server (DNS): the IP-addresses of the first and secondary server; the names of these servers;

the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact;

the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact;

and the full name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact.

The information has to be modified if necessary.

2. According to article 33 of the German Law on the Protection of Personal Data Key-Systems informs his customers that in the process of the registration of domains personal data are stored and processed and that personal data are transfered to third parties involved in the registration process. The registration also includes storage of personal data in so-called "whois" data bases. Key-Systems is authorized to use the data for improvement of its services and to even better adapt its services to the needs of the customers. The customer has the right to be informed free of charge on the storage of his personal data.

8. Pricing

1. The prices for domain registration and other services of Key-Systems are published on its homepage; these prices can be changed any time.
2. Prices for renewels of domains are only valid for pending renewals; for renewals in the future the actual price on the day of the renewal will be effective.
3. Prices for domain registration include all taxes and fees.

9. Payment

1. Payment can be made by credit cards (VISA, Mastercard, Eurocard), wire transfer or by sending a check on a German bank.
2. Registrars are obliged to open an account with Key-Systems and to run it with a credit in order to register customers domain names without delay.
3. The registration process for customers can only start upon information about the number of the credit card and its validity - in the case of payment by check or wire transfer - with the information of our bank about the credit of the respective payment on the account of Key-Systems.
4. Customer agrees that he will lose all rights on the selected domain name in cases of a charge back by their bank or credit card company, credit card fraud or any other reversed payment. Key-Systems will in such cases decide at its own sole discretion whether to hold the name in its own portfolio or to cancel the domain name.
5. The payment for a domain registration and other fees are not refundable in case of an early ending of a contract.
6. Prepayments for domains which could not be registered will be refunded.
7. Against claims of Key-Systems the customer can only offset his own claims if these claims are accepted by Key-Systems, in writing.

10. Contents

1. In the case of using web hosting services of Key-Systems customers are responsible to provide full information of name and address in the contents.
2. The customer is responsible to load only contents which are compatible with the law and the rights of third parties (including copyright and all rights concerning trademarks and personal data).
3. The customer agrees to defend, indemnify, save and hold Key-Systems harmless in respect to all claims, demands, liabilities, costs and/or expenses resulting from a violation of the obligationes mentioned under a) and b).
4. Servers are available 24 hours a day and 7 days a week. However Key-Systems can not guarantee permanent and uninterrupted services and will not be liable to the customer or any third party for any direct or indirect loss (see article 4 b).

11. Final Clauses

1. Changes of the terms and conditions, modifications of a contract, and finishing of contract can only be done in writing including e-mail transmission.
2. For registrars, commercial customers and authorities in Germany, as well as for all customers without permanent residence in Germany all action shall be brought exclusively in the court of Saarbrьcken/Germany.
3. For the contract between Key-Systems and a customer the law of Germany is the only governing law.
4. If any provision of these terms and conditions shall be unenforceable and/or invalid, such unenforceability and/or invalidity shall not render these terms and conditions uneneforceable or invalid as a whole. Any provision determined to be unenforceable or invalid shall nontheless be enforced to the fullest extent permitted by applicable law. Thuch provision might also be replaced by Key-Systems with one which is valid and enforceable and contents, to the extent possible, of the original objectives and intents, as reflected in the original provision.
5. Both texts of these "terms and conditions in English and German languages are equally authentic.

12. Customer Acceptance

By ordering .CD domain names and/or by clicking the "I agree" button in the order section the customer represent and warrant that he on his own behalf, or as a duly authorized representative of his company, can form legally binding contracts under applicable law and hereby agrees to comply with and accept the Registration Agreement consisting of the Terms and Conditions for the registration of dot CD domain names, the registration policy and the Privacy Policy.

Key-Systems GmbH, Berlin and Friedrichsthal (Key-Systems) is the delegated authority for registering domain names in the .cd top-level domain.

The domain name space is served on a first come first served basis. Key-Systems has a rather liberal policy about domain names as soon as the domain name is in relation with the business name or one of its marks. The general principle is that a domain must reflect the truth. The domains are registered just under the top level domain code.

Any domain name - except those qualified by Key-Systems as restricted or undesirable - may be assigned. An undesirable name is defined as being vulgar, misleading people or being rejected by Key-Systems at its own discretion. It is also applicable for domain registration of wellknown brands/trademarks registered by third parties without the consent of the owner of the brands/trademark. The domain will be deleted immediately at the owner`s request.

The domain name must have a minimum of three characters. Applications for one or two characters domain may be considered with prior arrangment with Key-Systems. There is no notion of property as far as a domain name is concerned. It is rather to be seen as a sub-delegation, and the sub-delegated entity is supposed to manage it in compliance with the RFCs and with the usual rules applicable to such a sub-delegation. Key-Systems will do its best in order to run second-level domains in a fair way.

Key-Systems may delete a domain name without compensation, should the domain be run in an inappropriate manner or be restricted or undesirable.

The invoicing is per e-mail only. Key-Systems sends yearly invoices to the billing contact e-mail address at the anniversary date of the domain creation. There is no reminder sent afterwards. It is the customers responsability to maintain the record accurate so that the e-mailed invoice reaches the right person. An unpaid domain is deleted after two weeks and made available for new sub-delegation.

As rendered service for domain creation, Key-Systems installs the requested domain in the database of its DNS servers. Our service does not include a sale of the domain name as there is no notion of property on a domain. By using a registration form, the user agrees to comply with all the present and future policies of Key-Systems.

This is how we will handle information you provide during your visit to our website

www.icann.org/registrars/model-privacy-policy.htm

Information you must provide.
In visiting our site, you are required to provide information to

• register a domain name,
• update information about a domain name previously registered, or
• submit questions about our service.

To register a domain name, you are required to provide the name you are registering; your name and postal address (or those of the person for whom you are registering the name); technical information about the computer with which the domain name will be associated; and the name, postal address, e-mail address, and voice and (where available) fax telephone numbers for the technical, administrative, billing, and zone contacts for the domain name. Once the domain name has been registered, your registration agreement requires you to correct and update this data promptly.
If you submit a question about our service, you will be asked to provide your name, telephone number, and e-mail address.

Why you must provide the information
The information you provide when registering a domain name (or correcting or updating registration information) is required to allow the Internet to associate the domain name with your computer, to allow us to properly handle your account (including notifying you at renewal time), and to permit others operating or using the Internet to easily contact you to resolve issues that arise in connection with the domain name.

It will also be stored under a data escrow program to keep the domain name operating in the event we leave the domain-name registration business. When you submit a question to our website, contact information is needed so that we can respond.

Who will receive the information
We will provide information you submit in registering a domain name or updating related information to our own employees and consultants, to the administrator of the registry for the top-level domain in which you are registering (currently Network Solutions, Inc. for .com, .net, and .org), to operators and users of the Internet making

Whois queries concerning your domain-name registration, to the Internet Corporation for Assigned Names and Numbers (ICANN) (which provides technical coordination for the Internet), and to escrow agents, auditors, Whois service providers, and replacement registrars that ICANN may designate. Information you provide in asking questions about our service may be given to our employees and consultants and, upon its request, to ICANN.

Accessing, correcting, and updating information
You are required to correct any erroneous or out-of-date contact information concerning you registration. You can access the information you provide, correct it, and update it by visiting our website.

Information you provide about others
In providing personal information about other individuals (such as someone in whose name you are registering or the domain name`s technical or billing contacts), you represent that you have notified them of the purposes for which the information will be used, the recipients of the information, and how they can access and correct the information, and that you have obtained their consent.