1. General Remarks – Definitions – Costumer Information In this User Agreement the following terms refer to each customer: "you," "your," "Subscriber" and "Customer". By using the services provided by us on our websites you are agreeing to the following terms. You acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, any registrar agreement associated with our service, and any other rules or policies that are or may be published by us from time to time. You agree to provide and maintain current, complete, accurate, and reliable information about you and your email addresses ("Customer Information"). The Costumer information is needed to send you information in connection with our services. Because it is not possible for us to provide our services without accurate and reliable Costumer Information, it will be considered a material breach of this Agreement if you willfully provide inaccurate or unreliable Costumer Information, or willfully fail to promptly update your Costumer Information. Such a breach will allow us to cancel the services without further notice to you. You agree that we may modify this User Agreement in order to adjust it to changing business circumstances. Any such addition or modification will be binding and effective immediately upon posting of the revised Agreement on our web site. You agree to periodically review our web site, including the current version of this Agreement available on our web site, to be aware of any such modifications. You agree that your continued use of our services will constitute your acceptance of a modification or revision of this Agreement. If you do not agree to any such changes, you may request that any order you placed be cancelled. You acknowledge and agree that such cancellation will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by us.
Our service can acquire a registered domain name that subsequently becomes or is made available for public registration. Joining our service and bidding on domain names is free. You will only be charged if we are successful in securing an ordered domain on your behalf. If a domain name becomes available for public registration, our service will make commercially reasonable efforts to acquire the domain name and register it through one of our registrar partners on your behalf. We do not and cannot guarantee acquisition of any domain name, nor can we guarantee at which registrar the name will ultimately be registered upon its deletion by the applicable registry operator.
When we register a domain in response to your order, you are responsible to transfer this domain to a registrar of your choice within four weeks upon registration. Should you fail to transfer the domain within this period of time, you will loose your right with respect to this domain. In this case payment you owe us for our service are not refundable.
If two or more of our customers have ordered a particular domain, the domain will – if we are successful in registering the domain - subsequently be awarded to the highest bidder who is obligated to pay the amount of the winning bid.
You acknowledge that we have partnerships with various registrars for the purpose of registering domain names. By this Agreement, you acknowledge that you have read and accepted the terms of any respective registrar agreements valid for our registrar partners.
3. Breach of this Agreement
Any failure by you to abide by any provision of this Agreement or any of our operating rules may be considered by us to be a material breach of this Agreement. We may provide written notice, describing the breach, to you. If within ten calendar days of the date of such notice, you fail to provide evidence that is reasonably satisfactory to us that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name or terminate the services without further notice. We reserve the right to suspend any of our services during such 10-day period. Any such breach by you will not be deemed to be excused simply because we did not act earlier in response to that, or any other, breach by you.
4. Representations and Warranties
You agree and warrant that the information you provided to us during the application process to apply for our services is accurate and complete and that any future changes to this information will be provided to us immediately. Further you warrant that neither the registration of your domain name nor the manner in which you intend to use such domain name or any other of our service will directly or indirectly infringe the legal rights of a third party, including trademark rights; that you are not registering the domain name for an unlawful purpose, further that you will not use the domain name in violation of any applicable laws or regulations, that you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, and that you are of legal age and capacity to enter into this Agreement. You agree and acknowledge that it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
5. Disclaimer of Warranties
You agree that your use of our services is at your own risk. You agree that all of our services are provided on an "as available" basis. We expressly diclaim all warranties including but not limited to merchantability, fitness for a particular purpose, title and non- infringement. You acknowledge that we make no representation or warranty that registration of a domain name by us will immunize you from challenges to your domain name registration, or from suspension, cancellation or transfer of the domain name registered to you. Further we make no warranty that our services will be uninterrupted, timely, secure or error free; nor do we make any warranty as to the results that may be obtained from the use of the services. You understand and agree that any download from our website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data. We make no warranty regarding any goods or services purchased or obtained through any of our services or any transactions entered into through such services. You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration. You also agree that we shall have the right in our sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as we receive a properly authenticated notification from a court of competent jurisdiction, or an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.
6. Limitation of our Liability
We will not be liable for any direct, indirect, incidental, special or consequential damages of any kind, including lost profits, regardless of the form of action, whether in contract, tort or otherwise even if we have been advised of the possibility of such damages. We disclaim any and all loss or liability resulting particularly from suspension, loss or modification of your domain registration; use or misuse of your domain name registration, interruption of your business, wegsite, email or other service, access delays or interruptions to our services; non-delivery, mis-delivery, destruction or modification of data; use or misuse of your user name or password; failure to acquire or reacquire a domain name; errors in any services or information provided by us; events beyond the reasonable control of us; or application of any relevant dispute policy.Our entire liability, and your exclusive remedy, with respect to any of our services provided under this Agreement and any breach of this Agreement is limited solely to the amount you paid for such services. In no event will our maximum liability exceed the lesser of the total amount paid by you for subscription to our services or threehundred dollars.
You agree to release, defend, indemnify, and hold us harmless from all liabilities, claims and expenses (including attorney's fees, expenses, and other reasonable out-of-pocket costs) relating to or arising under this Agreement, your domain name or its use or renewal, our services provided hereunder, or your use thereof. You shall not enter into any settlement or compromise of any Claims without our prior written permission, which permission shall not be unreasonably withheld. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name and any other service.
8. Dispute Policy
You acknowledge that we do not examine whether the domain name you select to register infringes the legal rights of others. You agree to assume all responsibility in selecting a domain name to register and/or monitor. Should we be sued or threatened with a lawsuit in connection with your domain name or subscription to any other of our services, we may turn to you to hold us harmless and indemnify us. Further you agree to release us from any legal claims with respect to domain names acquired by others through our services.
For domain name registrations facilitated by us, you agree to be bound by the ADR rules of nic.se, as modified from time to time.
Notwithstanding any other written or oral statements you believe we may have made to you, this agreement constitutes the entirety of our agreements with and obligations to you and the entirety of your contractual rights in your relationship with us.
This Agreement, and the services provided hereunder, will be governed by the laws of the Austria, without reference to rules governing choice and conflicts of laws.
Any action relating to this Agreement must be brought in the courts located in Graz and both parties irrevocably consent to the exclusive jurisdiction and venue of such courts.
Customer may not assign this Agreement, by operation of law or otherwise, without our prior written consent.
If any provision of this Agreement, or portion thereof, is found to be unenforceable, such provision will be enforced to the maximum extent possible and the remainder of this Agreement will continue in full force and effect.
Terms of Service