Terms and Conditions
1. Nameservers
1.1.
For registered active domain names there must be an operational
primary and an operational secondary Domain Name System
(DNS) nameserver. Both need permanent IP connectivity
to the Internet (for queries and zone transfers) in order
to be easily checked for operational status and database
accuracy at any time by DNS-LU. The software used must
implement the IETF standards for DNS, currently RFC1035
and RFC2181. The servers should be in physically separate
locations and on different networks (cf. Best Current
Practice RFC2182).
1.2.
The primary and secondary domain nameservers should be
active permanently and respond to DNS queries before the
application form for the registration of a new active
domain name is submitted. If the nameservers do not respond
properly during the registration process, the application
form cannot be processed.
1.3.
DNS-LU has the right to test the DNS operation regularly
and may set the domain name to inactive in case of repeated
failures (cf. 1.1.).
2.
Fees
2.1.
A charging scheme based on a cost recovery model for the
reservation and the use of domain names under the top
level domain LU has been introduced as of January 1st,
1997. For further information, please check the document
"Fees for domain name registration" which is
an integral part of the terms and conditions of this contract.
3.
Invoices
3.1.
Invoices are sent to the billing contact (agent) as listed
in the application form or to the administrative contact
if no billing contact has been provided.
3.2.
If the applicant uses an agent for payment of fees, DNS-LU
will first seek payment from the agent; but if the agent
does not pay the fees for whatever reason, DNS-LU will
have the right to recover the fees from the applicant.
3.3.
The applicant acknowledges that the non-payment of the
fees by the billing agent according to the terms of article
7 will result in DNS-LU having the right to cancel the
domain name without prior notification to the applicant.
4.
Processing order of requests
4.1.
Fax messages and letters are processed in chronological
sequence of arrival. The registry will not be liable for
any errors which may occur when fax messages and letters
are being processed.
4.2.
The entity seeking registration is fully responsible for
the accuracy of the information provided to the RESTENA
Foundation and is therefore required to supervise any
records in the repository belonging to said entity.
4.3.
Applications for modifications and termination of domain
names are processed in the same way as described above.
Exceptions to chronological order may occur under certain
circumstances and upon special request by registrants.
5.
Start of registration, processing time
The
domain name will be registered normally within 10 working
days upon receipt by the RESTENA Foundation of a valid
application form for a new second level domain name.
6.
Suspension of registration
When an entity submits an application form containing
gross errors, the registry may suspend the registration
process.
7. Inactivation of domain names, 'on-hold' period
7.1.
If the applicant does not pay the outstanding fees, a
first reminder will be sent to the applicant after a period
of 30 days from the date of the invoice. If no payment
is received by DNS-LU after another period of 30 days,
a second reminder will be issued to the applicant and
active domain names will be set to inactive.
7.2.
DNS-LU will in this case put that domain name 'on-hold'
status for a period of 30 days. As long as the domain
name is 'on-hold' status, that domain name will be set
to inactive and not be available for use by any party.
7.3.
After elapse of this final period of 30 days (90 days
from the date of the invoice), DNS-LU will have the right
to remove the domain name from the LU nameserver.
7.4.
The deleted domain name will then become available for
reuse by any party, except by the entity who previously
failed to pay the invoice for that domain name.
8.
Termination of registration
8.1.
An active or inactive registration of second level domain
names may be erased from the repository due to notably
the following reasons:
(a)
When the applicant requests termination of his entry.
The request needs to be sent to the RESTENA Foundation
in writing on the pre-printed forms and must be signed
by the administrative contact. Allow normally no more
than 30 days to process the request.
(b)
When no or insufficient payment for registration/reservation
is received after elapse of the 'on-hold' period as defined
in article 7.
(c)
When the registration had been unlawful. Deletion may
be enforced as result of a court decision.
(d)
The applicant has provided false information to DNS-LU,
or has failed to notify an updated version of its form
to DNS-LU within 30 days time.
(e)
The holder of the domain name has ceased to exist, and
the RESTENA Foundation has not been notified an eventual
transfer of the domain name by the transferee.
(f)
The holder fails to respect any of its obligations as
contained in the present document and the documents Domain
Name Charter and Fees for domain name registration, as
amended from time to time by DNS-LU.
8.2.
When an entity loses its right to use a domain name, no
refund of any pre-paid fees will be made.
8.3.
Domain names which have been deleted will in principle
become immediately available for reuse by any party.
9.
Responsibilities for domain names
9.1.
The applicant warrants to DNS-LU that the details submitted
by the applicant to DNS-LU are true and correct, and that
future additions or alterations to those details will
be true and correct.
9.2.
DNS-LU does not accept any responsibility for the use
of any domain name on the register of LU domain names
and in particular for any conflict with trade marks, registered
or unregistered, or with rights to names in other contexts.
DNS-LU is hereby expressly exempted from any and all responsibility
for the verification of rights to a name.
9.3.
The applicant indemnifies the registry against any claim
that the registration of the domain name or the manner
in which the domain name is directly or indirectly used
infringes the legal rights of any third party and indemnifies
them against the reasonable costs and expenses, however
they may arise, incurred in defending or dealing with
such a claim.
10.
Solving conflicts
10.1.
When a domain name has been registered or is in progress
of being registered, it is the responsibility of the entity
wishing afterwards to apply for the same domain name to
research the existing repository and pursue any litigation
which may be necessary against the existing registrant,
should the applicant believe that he holds a valid title
to that name and that the existing registrant has no right
to the domain name.
10.2.
Entities and registrants acknowledge and agree that the
RESTENA Foundation cannot act as arbiter of disputes arising
out of the registration and use of domain names. The conflicting
parties should solve their conflict by either reaching
a settlement, which must be in written form and duly signed
by both parties, or by obtaining a court decision. The
court decision or the settlement must be notified by registered
mail to the RESTENA Foundation within the following ten
days.
11. Transfer of ownership
11.1.
In order to change ownership of an existing domain name,
the holder of the domain name must delete the domain name.
In order to make the transfer effective, the new entity
seeking registration of the domain name must submit a
new application form for said domain name.
11.2.
The transferee must pay the corresponding fees as provided
in the document Fees for domain name registration.
11.3.
The previous owner of the domain name has in that case
no right to any refund of pre-paid fees.
11.4.
DNS-LU will not require a transfer of the domain name
in the following cases:
(a)
A change occurs in the name of the legal entity.
(b) The entity changes its legal form.
11.5.
Any transfer and any change to the holder of the domain
name as provided at point 11.4. must be notified within
30 days to the RESTENA Foundation on the pre-printed form,
which has to be duly dated and signed by the administrative
contact.
12.
Liability of the RESTENA Foundation
12.1.
In no circumstances will the RESTENA Foundation be liable
for any loss of use, profit or interruption of business,
or any indirect, special, incidental, or consequential
damages of any kind regardless of the form of action whether
in contract, tort (including negligence), or otherwise,
to the registrant or any other person, even if the registry
has been advised of the possibility of such damages.
12.2.
DNS-LU's liability to the applicant under the contract
or otherwise (including liability for negligence) is limited
to 125% of the registration fees paid in respect of a
particular period of registration.
13.
Rejects
13.1.
Reasons for rejecting domain name applications are notably:
(a)
incomplete or missing entries in the application form,
(b) any part of the data stated in the application form
turns out to be false,
(c) the domain name fails to meet the requirements specified
in the Domain Name Charter,
(d) administrative contact is not an authorized agent
of the entity,
(e) no primary and/or secondary DNS server(s) responding,
(f) primary and/or secondary DNS server(s) not responding
properly,
(g) open payments by the applicant for the same domain
name
14. Notifications
Notifications
are sent to the entity when applications for registration,
modification or deletion have been accepted or rejected.
Notifications are sent by e-mail if a valid and working
e-mail address is provided. In case of failure of the
e-mail notification, a notification is sent by postal
mail or fax.
15.
Privacy
15.1.
The RESTENA Foundation reserves the right to make entries
in the repository publicly available in any electronic
and written form. The data provided by the applicant will
thus be included in the WHOIS database, where it can be
accessed by every user. According to international standards,
the data has to be made public in order to guarantee the
proper functioning of the Internet.
15.2.
The applicant can check the accuracy of the information
about its domain name at any time in the WHOIS database,
and must inform DNS-LU in due time about any errors contained
in that database.
15.3.
If changes occur to the provided information, the applicant
has the duty to notify the new data within 30 days to
DNS-LU. The applicant assumes the responsibility for the
accuracy of the provided information, and acknowledges
expressly the right of DNS-LU to cancel any registration
which is based on false or misleading data.
16. Applicable law, jurisdiction
16.1.
This domain name policy shall be governed by and construed
according to Luxembourg law.
16.2.
The courts of Luxembourg shall have exclusive jurisdiction
to settle any disputes that may arise out of or in connection
with this domain name policy.
Whois 
