The base for access to the sites and servies of HEXONET - including domain registration, renewal of domain names and domain transfers, as well as for future business relations - are the:
General Terms and Conditions
1 - Basic Terms of Contract
1. For all business relations between the company heXoNet Support GmbH (in the following called HS) and the customer, the following General Terms and Conditions and the information on the web pages of HEXONET apply.
2. HS does not accept any alternative general terms and conditions of the customer.
3. HS is entitled to change these General Terms and Conditions at any time. The changes become effective for the customer, if the customer does not object to them within 14 days of their announcement.
4. In the case of an objection, HS is entitled to terminate the contract on 1 month period of notice.
5. These General Terms and Conditions and the future changes to them can be accessed on the internet on the web pages of HS at all times.
6. The customer is obligated to take notice of the General Terms and Conditions of HS as well as all respective appendices relevant to the customer and to save them.
2 - Governing Law
1. This agreement shall be governed only by
a.) subsidiary agreements in writing,
b.) these General Terms and Conditions,
c.) the Laws of the Federal Republic of Germany exclusively in the above listed order.
2. A right to revoke or a return privilege in accordance with the Act on Distance Selling [Fernabsatzgesetz] does not apply if the services of HS are rendered as requested by the customer. In particular, this applies to the registration of the domain name given by the customer.
3 - Offer and Conclusion of Contract
1. A contract is only closed through the written or electronic confirmation of the application by HS or if the purchase is fulfilled.
2. Should services of HS only be partially deliverable, the customer will also accept part delivery.
3. All prices listed on the web site of HS are binding and subject to change without notice.
4. The customer undertakes to check the order confirmation of HS and to notify HS in the event of any mistakes and/or discrepancies.
4 - Domain Registration
1. In the procurement and administration of domains HS only acts as a mediator between the customer and the institutions authorized with the administration of the central databases and their registrars. As it has no influence on the distributi on process of domain names and/or the rights of third parties involved, HS cannot give any guarantee for the actual registration of the domain the customer applied for or for the continued existence of a registered domain.
2. The customer guarantees that the domain name in the registration application and the intended use of the domain do not interfere with the rights of any third party. The customer further guarantees that no penal and monetary fine regulations nor any other legal regulations are violated.
3. HS has the right to carry out registrations via an authorized registrar, an intermediary or directly. In this respect, the terms and conditions of the registrar or the intermediary additionally apply. These terms and conditions can be accessed on the web pages of HS.
4. Domains are administered by a multitude of different, typically national organizations. Each of these organizations has different terms and conditions for the registration and administration of domains and for the proceedings in the event of domain name disputes. In so far as domains are a subject matter of the contract, the terms and conditions for the registr ation of domains of the respective competent organization additionally apply. The customer is obligated to take notice of t hese registration terms and conditions and to save them.
5. In the event of the registration of multilingual domain names the customer is hereby expressly informed that HS does not have any control of these registrations and that such services can be permanently interrupted and/or modified without prior notice. The customer bears all risk for such interruptions and/or modifications interfering with or preventing the use and/or the intended use of one or more multilingual domains. The customer accepts that the mode of operation of multilingu al domains is not concurrent with that of conventional domains. The customer further accepts that due to the necessary introduction of technical innovations a multilingual domain may not necessarily function.
5 - Dispute Resolution
1. The customer agrees to clarify and resolve all domain disputes in accordance with the dispute resolution regulations of the competent organization. These regulations may be written in the language of the respective country and thus may differ from the contract language
2. The customer accepts that HS in the event of arbitration may be obligated to block or cancel a domain or to transfer the domain to a third party.
6 - Availability of Online-Systems
HS generally guarantees the availability of their online systems on 7 days a week, 52 weeks a year. The guaranteed mean annual availability is 97%. However, excluded are all times when maintenance work is carried out and when single or all use rs due to technical or other problems which are outside of the influence of HS - that is in particular force majeure, the acts of third parties, and so on - are not accessible on the internet. In the event of damage, the aggrieved party has to pr ove that HS is responsible for the downtimes.
7 - Limitation of Liability
1. For all services of HS liability will be limited to intent and gross negligence.
2. In the case of paid services, liability in the event of gross negligence is limited to the amount of the fee paid by the customer for the respective service or service period.
3. HS cannot be held liable for mistakes, delays of services and server downtimes outside of their influence, in particular outside of their network and databases. In the event of such disruptions, HS is entitled to postpone the delivery or service by the time of the duration of the disruption plus an appropriate start-up time. HS further has the right to limit the access to the services if the security of the network operation, the upkeep of the network integrity, in particular the avoidance of grave disturbances of the network, the software or the stored data should require such actions.
4. By accessing the registration system and using the services of HS the customer agrees to indemnify HS, agents, partners, ICANN, the central registry as well as all persons involved in the registration process with respect to all claims, demands, liabilities and/or costs resulting from an illegal use of a domain name registered by the customer. This also applies to all claims resulting from force majeure, intervention by government or administrative authorities, strike, unrest, war, natural disasters, scarcity of general telecommunication services or similar influences that are outside of the direct influence of HS.
8 - Duration of Contract and Termination
1. Should HS within service contracts provide any services free of charge, such services can be terminated at all times without giving any reasons and notice. However, in the event of such cases HS will terminate the services on 1 month notice.
2. In the case of registration or transfer of domains, the duration of contracts and their renewals depending on the respective domain can be between 1 to 10 years.
3. For registered domains the contract will automatically be renewed for further 12-month periods unless the contract is terminated on at least 3 months notice before the expiration of the then current term.
4. For the use of web and mail space a contract with limited duration will be renewed by further 6-month periods unless it is terminated on at least 1 month notice before the expiration of the then current term. Contracts with unlimited duration as well as other contracts for the transfer of use and enjoyment, as for example file services, database storage, and so on can be terminated on 1 month notice by the end of each month. This will not effect a termination of contract for cause. A termination for cause for all services of HS in particular presents itself if the customer
- in the case of a contract with minimum duration is more than 14 days delayed in paying the amount of 1 monthly fee,
- in the case of all contracts with unlimited duration is more than 20 calendar days delayed in paying the fees,
- culpably violates the obligations of the contract or the Terms and Conditions,
- has clearly committed any illegal acts,
- despite warning within an appropriate period of time has not modified his web pages in such a way that they comply with the legal and contractual provisions,
- Culpably violates the registration conditions or regulations.
5. The customer will be informed on his obligation to pay no later than 30 days before the end of the term of contract . Should the fee for renewal not be paid in time for the renewal or should the customer not show the necessary balance at HS, that can be set against the fee, HS is entitled to discontinue its services and to cancel domains.
6. In the case of cancellation of domains, HS is entitled to the continuation of the complete payment for the registra tion for the duration of the agreed accounting period. There is no prorated refund.
7. Should HS in accordance with the terms and conditions of the respective registrar not be able to maintain the sub-l evel domain of the customer, HS has the right to terminate the contract with the customer on these services for cause on a 14 day notice by the end of the month.
9 - Data Privacy Protection
1. According to Section 33 of the German Law on Data Privacy Protection [BDSG], HS informs his customers that within the registration processes personal data is stored and passed on to third parties involved in the registration process. This includes the storage of personal data in so-called -WHOIS- databases.
2. The customer guarantees that all data submitted by him is correct and complete. By changing the data via the web interface the customer further agrees that these modifications are correct and true. The customer acknowledges that providing incorrect data will lead to the immediate forfeiture of all rights resulting from the service. In such cases, there will b e no refunds.
3. HS is authorized to process and use customer data to consult customers and to improve its service offer to tailor i t better to the needs of the customers.
4. The customer at all times is entitled to be informed free of charge on his personal data stored.
5. The customer agrees to HS sending information and marketing emails to the customer-s email address.
10 - Pricing
1. All prices for the complete range of services of HS are published on its website. These prices can be changed at an y time.
2. For all services, only the rates and taxes published on the website on the day of the actual conclusion or renewal of contract are applicable.
11 - Payment
1. Payment by the customer can be made by debit, PayPal or by wire transfer. In the case of PayPal or bank transfer th e customer is obligated to pay in advance.
2. Services by HS will only be rendered upon the customer submitting the credit card number and expiration date of the credit card or upon the crediting of the required amount to the account of HS through direct debit, submitted cheque or advance bank transfer. All transaction costs are to be borne by the customer.
3. The customer will receive a monthly invoice for all services rendered by HS.
4. The customer agrees to HS providing all invoices in PDF-format in a protected area.
5. The customer agrees that he will forfeit all rights to the services of HS in the event of a claim back by his bank or credit card company, in the event of credit card fraud or reversal as well as in the case of credits in the event of nonpayment upon the expiration of an appropriate period of time set by HS. HS in such cases has the right to include reserved domains in their own portfolio or to release them to third parties.
6. Should the customer wish to receive an invoice by regular mail, HS is entitled to charge EUR 3.00 per mailing. In the case of debit entries, HS additionally charges a processing fee of EUR 8.00 per debit plus the transaction costs of HS which are currently EUR 9.00 per debit entry.
7. In the event of premature termination of a contract service the payments made for this service are not refundable and there is no prorated refund.
8. Advance payments for domains that could not be registered will be credited to the customer-s account and will be refunded immediately upon the customer-s request. Any transaction costs for the refund will be borne by the customer.
9. Resellers need to show sufficient funds in their account at HS to cover the payments owed by contract for the commissioned registration or renewal.
10. Should a customer not show the necessary balance, HS is entitled to withhold the service without further notice or to include registered domains in their own portfolio or to release them. However, also in this case, the payment agreed by contract still remains owed.
11. The customer may only set his own claims against the claims of HS if there are no objections to these claims or if these claims have been deemed legally enforceable.
12 - Consideration
1. To the extent of using web hosting services of HS customers are obligated to indicate the contents published by them as their own by providing their name and address. The customer agrees to identify the contents featured on his internet site as his own by providing his complete name and address. The customer is hereby informed that there may be further obligation of identification, e.g. if the internet pages offer tele services or media services.
2. The customer may only feature contents that do not offend any legal prohibitions, the rights of third parties, or bonos mores. In particular, the customer agrees not to offer any pornographic contents. The customer may not enter his internet presentation into search engines using keywords that would violate any legal prohibitions, the rights of third parties or bonos mores. In each case of contravention of the above mentioned provisions the customer undertakes to compensate HS for all damages resulting from the violation of the above mentioned provisions.
3. The customer agrees to indemnify HS with respect to all claims resulting from the violation of the above mentioned obligations.
4. HS has no obligation to check the contents of the customer-s websites or internet presentations on possible violations of law. Upon detecting legal violations or undue contents HS is entitled to block such internet presentations. HS will immediately notify the customer of such measures.
5. Should third parties put forth claims against HS resulting from actual or alleged infringements of their rights, HS has the right to undertake everything to stop the delivery of such undue content.
6. In the event of an hacker attack, HS cannot be held liable in any way.
7. The customer is hereby informed that in the case of the use of SMS there is no possibility for checking cases of abuse. The customer undertakes not to use SMS for illegal purposes. The customer indemnifies HS with respect to all claims of third parties resulting from the illegal use of SMS. In the event of illegal use of SMS, HS has the right to block this service.
13 - Responsibilities of the Customer
1. The customer undertakes to keep passwords given to him by HS for the access to the services strictly confidential and to notify HS immediately should he learn about any unauthorized access to the passwords by third parties. Should third parties receive access to services offered by HS through the abuse of these passwords, due to fault of the customer, the customer is liable to HS for all user fees and damages.
2. The customer agrees not to send or to have sent any emails containing any type of advertisement without the explicit agreement of the respective recipient. In particular, this applies if the respective emails all have the same content and are sent out in a mass mailing (so-called spamming). Should the customer violate this obligation, HS has the right to block all services immediately and to hold the customer liable for all resulting damages.
3. The customer undertakes to check the incoming messages in his email accounts at regular intervals of no longer than 2 weeks. HS is entitled to return incoming personal messages to the sender, should the capacity of the mail box prescribed in the respective package be exceeded.
4. The customer is obligated to design his internet presentation in such a way that he can avoid exceeding the agreed amount of traffic, e.g. by not using CGI-scripts, which require higher computing power or need more than the average memory. HS has the right to close web pages to customer or third-party traffic if they do not comply with the above mentioned requirements. HS will immediately notify the customer of such measures.
5. Volume for additional data transfer depending on the technical capacity of the computing centre and under consideration of the obligation to offer services to all customers will be made available by HS upon agreement for an additional fee based on the price list currently applicable.
6. The customer undertakes not to run any chats on any internet presentations at HS.
14 - Entire Agreement
1. Modifications, amendments and terminations must be made in writing.
2. For commercial customers, legal persons or persons without place of jurisdiction in Germany, in the case of dispute resulting from these General Terms and Conditions with HS Homburg is the exclusive place of performance and jurisdiction.
3. These General Terms and Conditions shall be governed by the Laws of the Federal Republic of Germany excluding the provisions of the uniform UN Convention on Contracts for the International Sale of Goods (CISG) on the sale of movable goods.
4. If any provisions of these General Terms and Conditions are held to be invalid, such invalidity will not effect the remaining provisions. All provisions deemed unenforceable due to a legal mistake or invalidity to the extent possible shall be replaced by provisions that are enforceable and correspond as much as possible to the original intent. As far as permissible, the replacement of the provisions to the above mentioned extent will be made by HS.
5. Concurrent German and English versions of the General Terms and Conditions of HS are available. The German version of these General Terms and Conditions is applicable.
Domain Registration Policies
gTLDs (com, net, org, biz, info, mobi, asia, name)
- Uniform Domain Dispute Resolution Policy (UDRP)
- Privacy Policy
- Restored Name Accuracy Policy
- In addition: .BIZ 'Restrictions Dispute Resolution Policy' of Neulevel Inc. (RDRP)
.MOBI
By registering .mobi Domains, the registrant also agrees to the Registration Policies of the official .mobi registry. Registrant agrees that he will comply with all requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted..NAME
.AC (Ascension Island), .IO (British Indian Ocean Territory), .SH (Saint Helena)
.AERO
- Uniform Domain-Name Dispute-Resolution Policy of ICANN (UDRP)
- Domain Management Policy
- Eligibility Reconsideration Policy
.AG (Antigua and Barbuda), com.AG, net.AG, org.AG
.AM (Armenia)
.AT (Austria), .co.AT / .or.AT
- General Registration Terms and Conditions of the nic.at Internet Verwaltungs- und Betriebsgesellschaft m.b.H.
- NIC.AT Registration Guidelines
- When transferring an .AT domain the remaining registration term will be taken over.
If the Reseller initiates an ".AT Transfer-Antrag" (Transfer), then according to the NIC.AT Terms and Conditions he is committed to having a signed "Transfer-Antrag" either through the Admin-C or the DomainOwner in his possession. When initiating the .AT Domain transfer it is not mandatory to fax this document to HEXONET. - The Reseller is however obliged to provide HEXONET with this signed "Transfer-Antrag" within 48 hours after receipt of request through HEXONET. In the event that the Reseller does not provide HEXONET this "Transfer-Antrag" within the given time period, then HEXONET is permitted to charge the Reseller a contractual penalty fee of 1000 Euro.
.BE (Belgium)
.BZ (Belize)
.CC (Cocos (Keeling) Islands)
.CH & .LI
- Terms and Conditions
(please download the respective .pdf doc. From Switch website and place on a 1api subdomain) - Domain Name Registration Contract
(please download the respective .pdf doc. From Switch website and place on a 1api subdomain)
.CN (China), .com.CN / .net.CN / .org.CN
- Terms and Conditions
- China Internet Domain Name Regulations
- CNNIC Internet Domain Name Registration Administration
- CNNIC Domain Name Dispute Resolution Policy
- Rules for CNNIC Domain Name Dispute Resolution Policy
- Be against the basic principles prescribed in the Constitution of the Peoples Republic of China ("PRC")
- Jeopardize national security, leak state secrets, intend to overturn the government, or disrupt of state integrity of the PRC
- Harm national honor and national interests of the PRC
- Instigate hostility or discrimination between different nationalities, or disrupt the national solidarity of the PRC
- Violate the PRC"s religion policies or propagate cult and feudal superstition
- Spread rumours, disturb public order or disrupt social stability of the PRC
- Spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC
- Insult, libel against others and infringe other people' s legal rights and interests in the PRC
- Take any other action prohibited in laws, rules and administrative regulations of the PRC
.CX
.DE (Germany)
- General Registration Terms and Conditions of the DENIC e.G.
- DENIC e.G. Domain Guidelines
- Trustee (Admin-C) Terms and Conditions:
Trustee Contract EN (HEXONET requires a Trustee Agreement, that their resellers agree to.
In order to transfer a domain, the Reseller must provide evidence of permission, either through the registrant of the respective domain directly or through an administrative contact. Internet-Service-Provider (ISP = Reseller) will support HEXONET (HN) with the registrar-transfer either to or from HN upon requirement according to 6 of the general registration terms and conditions of the DENIC e.G.
When transferring a .DE domain the remaining registration term will neither be taken over nor any payments be reimbursed.
If the ISP initiates a "KK-Antrag" (Transfer), then according to the DENIC Terms and Conditions he is committed to have a signed "KK-Antrag" either through the Admin-C or the DomainOwner in his possession. When initiating the .DE Domain transfer it is not mandatory to fax this document to HEXONET.
The Reseller is however obliged to provide HN with this signed "KK-Antrag" within 48 hours after receipt of request through HN. In the event that the ISP does not provide HN this "KK-Antrag" within the given time period, then HN is permitted to charge the ISP a contractual penalty fee of 1000 Euro.
.EU (dot EU)
- General Registration Terms and Conditions of EURid
- .EU Sunrise Rules
- .EU Domain Name Registration Policies
- The .EU Regulation
- .EU Dispute Resolution Policies
- Additional Paragraph:
According to regulation 874/2004 of the European Commission only officially .EU accredited registrars are permitted to offer .EU Registration Services. Reseller is obliged to explicitly indicate, that .EU Domains will be registered through HEXONET or one of HEXONETs partners in the general terms and conditions of Reseller.
.ES (Spain), com.ES, org.ES, nom.ES
- http://www.nic.es
- http://www.rrpproxy.net/forms/ES_ANNEX_III_es.pdf
- http://www.rrpproxy.net/forms/ES_ANNEX_III_en.pdf
- We kindly draw your attention to the fact that only the Spanish version is legally binding. The English version is only added for your references.
.FM (Federal State of Micronesia)
.GS (South Georgia and the Sandwich Islands)
.IM (Isle of Man)
.IN (India), co.IN, net.IN, org.IN, firm.IN, gen.IN, ind.IN
.IT (Italy)
.JOBS (gTLD)
.JP (Japan)
- Terms and Conditions of JPNIC
- HEXONET provides the necessary local contact for .JP Domain Registrations
.KI (COM.KI, NET.KI, ORG.KI)
.LA (Lao People's Democratic Republic)
.LU (Luxembourg)
.MD (Republic of Moldova)
.MN (Mongolia)
.MU (COM.MU, NET.MU, ORG.MU)
.MX (ccTLD)
- Registration Agreement
- Domain Name Dispute Resolution Policy 1
- Domain Name Dispute Resolution Policy 2
.NF (COM.NF, NET.NF)
.NL (Netherlands)
.NU (Niue)
- Uniform Domain-Name Dispute-Resolution Policy of ICANN (UDRP)
- Uniform Domain Name Dispute Resolution Policy ' of .NU Domain Ltd. (UDDRP)
.NZ (New Zealand)
.PL (Poland), com.PL, net.PL, org.PL, info.PL, biz.PL
.RU (Russian Federation)
.SC (Seychelles), com.SC, net.SC, org.SC
.SE (Sweden)
.SG (Singapore), com.SG
.TL
.TM (Turkmenistan)
.TRAVEL
By registering a .Travel-Domain, the registrant also agrees to the Registration Policies of the Registry Tralliance Corporation:- Uniform Domain-Name Dispute-Resolution Policy of ICANN (UDRP)
- Tralliance Denial & Disputes
- Terms of Use of Tralliance
- Authentification Information
In the following some examples:
- Incorporation (legal) Name/Partnership Name/Individual Name
- Doing Business As; Trade Name; or Business Name
- Domain Name as used in a URL
- Trade Mark
- Service Mark
- Product Name
- Club or Association Name
- Transport Vessel Name
- Competition/Event Name
- Division Name
- Subsidiary Name
- Acronyms (must be only the first letter of the primary words of the name)
- Airlines
- Attractions/Theme Parks
- Bed & Breakfast Houses
- Bus/Taxi/Limousine Operators
- Camp Facility Operators
- Vehicle Rental Companies/Airport Specialty Car Park Companies
- Computer Reservation/Travel Technology Provider
- Convention & Visitor's Bureaus
- Cruise Lines
- Ferries
- Hotels/Resorts/Casinos
- National Tourism Offices
- Passenger Rail Lines
- Restaurants
- Tour Operators
- Travel Agents
- Travel Media
- Travel-Consumer and Market Research Organizations
.TK (Tokelau)
.TV (Tuvalu)
.TW (Taiwan), .TW, com.TW, org.TW, idv.TW, ebiz.TW, club.TW, game.TW
- Terms and Conditions
- Supervision and Guidance Regulation for Internet Protocol (IP) Address and Domain Name Registration and Management Services
- Guidelines for Administration of Domain Name Registration
- Guidelines for Authorisation of Domain Name Registration Services
- TWNIC Domain Name Dispute Resolution Policy
- Rules for TWNIC Domain Name Dispute Resolution Policy
.UK (United-Kingdom), .co.UK, .org.UK, .me.UK
.US (United States of America)
AdamsNames (.GD [Grenada], .MS [Montserrat], .TC [Turks and Caicos Islands], .VG [Virgin Islands, British]
.VC (St. Vincent and the Grenadines), .com.VC, .net.VC, .org.VC
.WS (Western Samoa)
- Uniform Domain-Name Dispute-Resolution Policy of ICANN (UDRP)
- Reseller understands that the ".WS" TLD stands for "WebSite". Accordingly, Reseller shall ensure that the words "WebSite" appear in a parenthetical next to the registry whenever the Registry is promoted on Reseller’s web site(s) or on any web site(s) of Reseller’s resellers and affiliates that Reseller controls.
