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NetArt Sp. z o.o.

gTLD Registration Agreement


NetArt Sp. z o.o.

gTLD Registration Agreement

This Agreement is executed by and between NetArt Sp. z o.o., a Limited Liability Company domiciled in Krakow, Cystersow 20a, 31-553 Krakow, Poland, entered in the Register of Companies of the National Court Register kept by the District Court for Krakow-Srodmiescie in Krakow, 11th Business Division of the National Court Register, under number 0000532637, total paid-up share capital of 650 000 PLN, statistical number: REGON 120764285, tax number: NIP 6751398383, hereinafter referred to as the "Registrar", and the Internet Domain Name Holder represented by the authorised Partner.

  1. Definitions

    1. Domain Name Holder – a natural or legal person or an entity without legal personality, granted legal capacity under specific laws, who enters into this gTLD Registration Agreement with the Registrar to register a domain name.
    2. Partner – an entity authorised by the Domain Name Holder to represent the same before the Registrar, who at the same time has entered into a relevant agreement with the Registrar.
    3. ICANN – Internet Corporation for Assigned Names and Numbers, http://www.icann.org.
    4. Registry Operator – an entity responsible for managing and permitting registration of particular top-level domains (‘TLD’) in accordance with the rules established by ICANN, who has entered into a relevant agreement with ICANN.
    5. Consumer – a natural person reaching an agreement not directly connected with business or professional activity carried out by them.
    6. Service of Hiding the Domain Name Holder data in WHOIS database – service is provided by Whois Data Protection Sp. z o.o., a Limited Liability Company domiciled in Krakow, Cystersow 20a, 31-553 Krakow, Poland, national court register number: KRS 0000351164, statistical number: REGON 121128870, tax number: NIP: 6751427096, under agreement with Registrar. Service replace data of Domain Name Holder in WHOIS database with data of Whois Data Protection company and is provided on terms and conditions defined in regulations available at: http://www.whoisdataprotection.com.
    7. WHOIS database – a public database consisting of data of Domain Name Holders.
    8. gTLD (a generic top level domain of the highest level, hereinafter: the domain) – a unique sequence of permitted alphanumeric characters, which includes the name and an extension offered by the Registrar.
    9. Domain registration – placing the domain name and name server addresses corresponding to the same in the Registry Database.
    10. AuthInfo code – a unique string of characters used to perform operations on the domain, including transfers of such domain.
    11. Administrative and technical service – is a set of actions necessary for the maintenance of the domain name. The actions include: maintenance of data transferred by the Domain Name Holder, making data processing systems available, issuing AuthInfo codes, domain name transfer and configuration.
    12. Registration period – the period of time for which a domain is registered.
    13. UDRP – the Uniform Domain Name Dispute Resolution Policy.
    14. RDRP – the Rules for Uniform Domain Name Dispute Resolution Policy.
    15. Restoring the domain – extending the Registration period made in the period of up to 40 days from the domain expiry date.
    16. Reactivating the domain – extending the Registration period made in the period from the 41st to 70th day from the domain expiry date.
  2. General Provisions

    1. NetArt Sp. z o.o. is an Internet domain registrar accredited by ICANN. By using the services of NetArt Sp. z o.o. the Domain Name Holder accepts the domain registration conditions provided under this Agreement, which complies with terms and conditions established by ICANN, available at http://www.icann.org.
    2. This Agreement shall not constitute an authorisation of the Partner to represent the Registrar before Domain Name Holder.
    3. The gTLD Registration Agreement between the Domain Name Holder and the Registrar shall be executed by way of:
      1. making a declaration of acceptance of this Agreement,
      2. placing a domain registration order, resulting in registration of such domain with the use of the Partner’s data communication system.
    4. Any and all obligations of the Domain Name Holder under the gTLD Registration Agreement executed with the Registrar, shall be performed by the said Domain Name Holder through the Partner.
    5. The Partner shall be liable for the existence and scope of authorisation to act for the Domain Name Holder.
    6. The Domain Name Holder acknowledges and agrees that the domain registration is effected on a first-come, first-served basis, therefore the Registrar cannot guarantee that the requested domain will be registered.
    7. The Domain Name Holder acknowledges that the domain registration is effected for consideration and agrees to pay the domain registration fee prior to such registration.
    8. The Domain Name Holder represents that he has read this Agreement and accepts the same in its entirety.
    9. The Domain Name Holder states that he requests to start the domain registration process before the end of 14 days from the date of a properly placed order at the Partner’s website.
    10. The Domain Name Holder acknowledges that the party liable for the domain registration shall be the Registrar. Due to ICANN requirements, the Domain Name Holder waivers any claims against ICANN, Registry Operators (Verisign, Inc., Afillias Limited, Neustar, Inc., Public Interest Registry), their officers, directors, employees and representatives for any damage, liabilities, claims and expenses, including attorney’s fees arising under or relating to the domain registration.
  3. Obligations of the Partner to the Domain Name Holder

    1. The Partner shall be obliged to present this Agreement to the Domain Name Holder before launching the domain registration procedure.
    2. The Partner shall be obliged to provide the administrative and technical service of the registered domain, and in particular to provide access to the data communications system that enables to enter personal data provided by the Domain Name Holder, change the same as well as to modify the domain configuration.
    3. The Domain Name Holder shall have a possibility to submit a complaint about a default on or undue performance of the gTLD Registration Agreement, through the Partner. The Partner shall be obliged to transmit the complaint of the Domain Name Holder to the Registrar, who shall decide the complaint and present the Partner with a reply.
  4. Domain Registration

    1. The domain registration shall be effected in accordance with:
      1. the accreditation agreement between the Registrar and ICANN,
      2. agreements between the Registrar and the following Registry Operators:
        1. Verisign, Inc. domiciled in Reston, 12061 Bluemont Way, VA 20190, USA,
        2. Public Interest Registry domiciled in Reston, 1775 Wiehle Avenue, Suite 100, VA 20190, USA,
        3. NeuStar, Inc. domiciled in Sterling, Loudoun Tech Center, 46000 Center Oak Plaza, VA 20166, USA,
        4. Afilias Limited domiciled in Dublin, Office 110, 52 Broomhill Road, Tallaght, Ireland.
      3. the agreement between the Registrar, ICANN and Iron Mountain Intellectual Property Management, Inc. domiciled in San Diego, 9210 Sky Park Court, Suite 220, CA 92123, USA,
      4. the agreement for representation of the Domain Name Holder before the Registrar, executed by and between the Domain Name Holder and the Partner.
    2. Administrative and technical service relating to domain registration and maintenance shall be performed by the Partner under the agreement for representation of the Domain Name Holder before the Registrar, entered into with the Domain Name Holder.
    3. The domain registration is effected by placing the domain in the Registry Database on request of the Registrar. The domain registration is effected through the Partner.
    4. For the purpose of registration the Domain Name Holder undertakes to provide the following data through the Partner:
      1. the name and surname or the full business name for entities not being natural persons,
      2. the address of residence or domicile,
      3. the personal identification number (PESEL) or any other identification number clearly identifying the Domain Name Holder,
      4. the e-mail address,
      5. the telephone and fax number, if available.
      For entities not being natural persons the Domain Name Holder additionally undertakes to provide the name and surname of a person authorised to make declarations of will for the Domain Name Holder. Moreover, the Domain Name Holder shall have the right to provide the name of the primary and secondary name servers. The Registrar shall make with the Partner any administrative and technical service arrangements.
    5. The Domain Name Holder undertakes to provide accurate data and gives consent to disclose the same in the public WHOIS database.
    6. Domain Name Holder can optionally and for a fee hide the data in WHOIS database through use of the service of Hiding the Domain Name Holder data in WHOIS database.
    7. By using the service of Hiding the Domain Name Holder data in WHOIS database the Domain Name Holder accepts the regulations available at: http://www.whoisdataprotection.com and shall constitute Registrar for and on behalf of Domain Name Holder agreement with company providing the service of Hiding the Domain Name Holder data in WHOIS database. An authorization include the right to perform any actions for the Domain Name Holder related with the service of Hiding the Domain Name Holder data in WHOIS database.
    8. The Domain Name Holder shall update the data referred to under item IV.4 by notifying the Partner of any data change.

      The Domain Name Holder shall be obliged to update those data in such a way that they are true and complete, within 7 days after each change during the Registration period. In case of providing data which are false, incomplete or in case of an intentional failure to update the data within 7 days from their change, the Registrar shall have the right to block or refuse to renew the domain for the next Registration period.
    9. Due to ICANN requirements, the Domain Name Holder acknowledges and accepts the possibility to suspend, transfer and also to delete the domain in order to correct mistakes in the domain registration by the Registrar or the Registry Operator, and as well in case of the need to or as a result to settle disputes concerning the registered domain.
    10. Due to ICANN requirements, the Registrar reserves the right to cancel the domain registration if the data provided by the Domain Name Holder prove inaccurate or incomplete. The Registrar shall also have the right to cancel the domain registration also when the Domain Name Holder does not reply, within 15 (fifteen) calendar days, to the Registrar’s inquiry about the data provided by the Domain Name Holder or not supplement such data within the said period. On request of the Registrar and within the aforesaid deadline, the Domain Name Holder should present the Registrar with documents certifying the earlier presented data as true and correct.
    11. The Registrar shall be liable to the Domain Name Holder for due diligence in the domain registration procedure.
    12. The Domain Name Holder acknowledges that the domain registration shall be effected for a definite period of time and the gTLD Registration Agreement between the Registrar and the Domain Name Holder shall expire with the lapse of last day of the Registration period. The Domain Name Holder shall be informed by the Partner at least twice via electronic mail about the approaching subscription expiry of the domain registration, in case of its expiry the Domain Name Holder shall receive at least one additional notification. It is recommended to provide an e-mail address to receive the aforementioned notifications set up in a domain other than the one in connection with which the Registrar and the Domain Name Holder conclude the present Agreement.
    13. After the expiry of the gTLD Registration Agreement, the Domain Name Holder shall have the possibility to Restore the domain or Reactivate the domain. The registration period shall be each time calculated from the domain expiry date. Restoring the domain and Reactivating the domain are subject to a fee in accordance with the price list available at the Partner’s website. Fees for Restoring the domain and Reactivating the domain shall not include the prices for extending the Registration period, which are in accordance with the price list available at the Partner’s website.
    14. The expiry of the gTLD Registration Agreement due to the end of the Registration period shall entitle the Registrar to delete the domain or to change DNS servers to specific to a given domain, including forwarding the domain to a website informing about the domain expiry and the way of its renewing, before its Restoring under point IV.13.
    15. Due to ICANN requirements, after the first registration of the Domain Name Holder’s domain, the change of the Domain Name Holder’s contact data, the change of the Domain Name Holder or the domain transfer to the Registrar, the Registrar shall verify whether the Domain Name Holder’s data are correct in the manner specified by the Registrar, in particular by the Domain Name Holder clicking on a link with a unique code or sending a unique code by electronic mail within 15 days of the receipt of a message from the Registrar via the Partner. When the Registrar receives the unique code from the Domain Name Holder, the Domain Name Holder shall be deemed to state that its contact data are correct. Verification shall not apply to contact data identical to those for which the verification has been previously successful, subject to point IV.16.
    16. In the event the Registrar is informed that the Domain Name Holder’s e-mail is invalid, is highly likely to be incorrect or inexistent or the Registrar’s e-mail message is not correctly delivered for whatever reason, the Registrar shall have the right to verify the Domain Name Holder’s data via the Partner in accordance with Art. IV.15 or otherwise, in particular by phone.
    17. In the event the data are not confirmed as and when specified by the Registrar via the Partner, the Registrar shall have the right to suspend the domain, including change of DNS servers of the suspended domain into its own server, pointing the domain to the site which informs about reasons for domain suspension and denial of the domain transfer to another registrar.
    18. The Domain Name Holder undertakes to act in accordance with the rules made available by Afilias Limited available at: http://afilias.info/policies.
  5. Domain Transfer

    1. A transfer of the domain is effected in accordance with the rules of ICANN available at http://www.icann.org. The sworn translation of the rules into the Polish language is presented at http://www.netart-registrar.com. Due to ICANN requirements, the version binding upon the Domain Name Holder shall be the original version in the English language.
    2. A transfer of the domain to the Registrar shall require:
      1. a transfer order placed through the Partner,
      2. consent of the Domain Name Holder to such transfer; should such consent not be received within 5 (five) days of placing the order, the transfer shall be cancelled.
    3. The Domain Name Holder shall have the possibility to change the entity rendering the service of domain registration to another entity (in the Agreement also: transfer or the domain transfer). In order to do so, the Domain Name Holder asks the Registrar, through the Partner, to issue an AuthInfo code. The Domain Name Holder’s data shall be published in WHOIS database at the moment of issuing the AuthInfo code.
    4. The Registrar and his Partner shall have the right to refuse the domain transfer if:
      1. the domain is subject to a dispute pending before an arbitration tribunal or a common court at law, in particular it is subject to actions under UDRP,
      2. such transfer is effected during the first 60 (sixty) days of registration of the domain or during the first 60 (sixty) days of completion of the last transfer,
      3. there is a relevant court ruling forbidding such transfer,
      4. there is any doubt about the accuracy of data of the Domain Name Holder or the administrative contact,
      5. the domain registration fee for the previous Registration period has not been paid while the registration has expired or the fee for the current Registration period has not been paid while the domain has not expired yet,
      6. the Domain Name Holder clearly objects to such transfer in writing,
      7. the domain has been given a status disabling executing the transfer (ClientTransferProhibited); in order to change the domain status and execute the transfer the Domain Name Holder shall get in touch with the Partner,
      8. there is imposed a 60-day inter-registrar transfer lock following a change of Registrant, a change of Registrant’s name or e-mail address.
    5. The Partner shall be obliged to inform the Domain Name Holder that the transfer has been rejected.
    6. Should the domain be transferred from the Registrar, the gTLD Registration Agreement between the Domain Name Holder and the Registrar shall be terminated.
  6. Protection of Personal Data

    1. The Registrar shall have the right to process personal data of the Domain Name Holder, consisting of:
      1. the name and surname,
      2. the address of residence,
      3. the personal identification number (PESEL) or any other identification number clearly identifying the Domain Name Holder,
      4. the e-mail address,
      5. the telephone and fax number, if available,
      6. the name and surname of a person authorised to make declarations of will for the Domain Name Holder not being a natural person.
    2. In order to register the domain, rendering the service of Hiding the Domain Name Holder’s Data in WHOIS database as well as the possibility to renew the domain for another Registration period in accordance with point IV.12, a voluntary, but nevertheless required, shall be providing data stipulated in point VI.1. Those data shall be provided through the Partner for the purposes of executing the Registrar’s duties under the accreditation agreement with ICANN.
    3. The Partner shall provide the Domain Name Holder with access to his data and the possibility of their correction. The Domain Name Holder may perform any and all activities connected with correcting, supplementing and deleting personal data, through the Partner.
    4. The Registrar may transmit personal data of the Domain Name Holder to perform the provisions of the accreditation agreement with ICANN and provide the service of Hiding the Domain Name Holder’s Data in WHOIS database to the following entities:
      1. Internet Corporation for Assigned Names and Numbers domiciled in Los Angeles, 12025 Waterfront Drive, Suite 300, CA 90094-2536, USA,
      2. Verisign, Inc. domiciled in Reston, 12061 Bluemont Way, VA 20190, USA,
      3. Public Interest Registry domiciled in Reston, 1775 Wiehle Avenue, Suite 100, VA 20190, USA,
      4. NeuStar, Inc. domiciled in Sterling, Loudoun Tech Center, 46000 Center Oak Plaza, VA 20166, USA,
      5. Afilias Limited domiciled in Dublin, Office 110, 52 Broomhill Road, Tallaght, Ireland,
      6. Iron Mountain Intellectual Property Management, Inc. domiciled in San Diego, 9210 Sky Park Court, Suite 220, CA 92123, USA,
      7. Whois Data Protection Sp. z o.o., a Limited Liability Company domiciled in Krakow, Cystersow 20a, 31-553 Krakow, Poland, entered in the Register of Companies of the National Court Register kept by the District Court for Krakow-Srodmiescie in Krakow, 11th Business Division of the National Court Register, under number 0000351164, statistical number: REGON 121128870, tax number: NIP: 6751427096.
    5. The Domain Name Holder gives consent to process his personal data by the Registrar. The consent of the Domain Name Holder shall also cover the consent to process data by the entities listed under VI. 4 and to place the data in the WHOIS database. Moreover, the Domain Name Holder represents that he has been informed by the Partner about:
      1. the registration data of the Registrar,
      2. the purpose and scope of collection and processing of the Domain Name Holder’s data by the Registrar,
      3. the right to access and correct his data,
      4. the right to demand discontinuance of data processing and the right of objection to data processing, laid down in Article 32.1.7 and 32.1.8 of the Polish act on protection of personal data (Journal of Laws No. 2002.101.926).
    6. The Registrar undertakes not to process personal data of the Domain Name Holder against the purpose of processing and against the rules of data processing provided under the Polish act on protection of personal data.
    7. The Registrar undertakes to take reasonable precautions to protect personal data of the Domain Name Holder against loss, misuse, unauthorised access or disclosure, alternation or destruction.
    8. The Registrar may consider any request of the Domain Name Holder to discontinue data processing as an infringement on this Agreement by the Domain Name Holder, with the effect of domain de-registration.
  7. Obligation to Observe the Law

    1. The Domain Name Holder represents that the registered domain name does not infringe any third party rights, in particular the right of protection under trademark registration, patent protection, right in the magazine or newspaper title, proprietary and personal copyrights, right to a business name, as well as other exclusive rights granted to third parties under applicable laws or international agreements. The registered domain name may not infringe personal interests of third parties, in particular include any contents which are offensive or reserved under applicable laws. The Registrar reserves the right to claim compensation against the Domain Name Holder, should any third parties vindicate their claims against the Registrar under the registration of a given domain name.
    2. Should the Registrar become aware that the Domain Name Holder uses the services against this Agreement or applicable laws, the Registrar shall have the right to process personal data of the Domain Name Holder to establish his liability and to transmit that data to competent public authorities.
    3. Having obtained reliable information that the data provided by the Domain Name Holder are illicit, the Registrar shall have the right to disable access to those data and to lock the provided services.
    4. Any and all disputes relating to an infringement of third party rights shall be considered under an arbitration proceeding, in accordance with UDRP and RDRP documents resolved by ICANN. The said documents, appended hereto, are available at http://www.icann.org. The Domain Name Holder represents that he has read the said documents and accepts the same. The sworn translation into the Polish language is presented at http://www.netart-registrar.com. Due to ICANN requirements, the version binding upon the Domain Name Holder shall be the original version in the English language.
    5. Due to ICANN requirements, the Domain Name Holder represents that if a domain dispute considered in accordance with item VII.4 is resolved to his disadvantage, he accepts the possibility of suspension of the domain and the possibility of losing the right to use the domain and handing it over to another entity designated in the ruling closing the proceeding.
    6. In the case provided under item VII. 5 the gTLD Registration Agreement between the Domain Name Holder and the Registrar shall be terminated.
    7. The aforementioned settlement of disputes by an arbitration court shall not exclude the jurisdiction of Polish courts for cases under the present Agreement. All disputes which could result under the present Agreement between the Domain Name Holder and the Registrar, which could not be prevented by means of a complaints procedure, shall be settled by a common court, having jurisdiction over the Registrar’s seat. The aforementioned indication of the court’s jurisdiction shall not apply to Domain Name Holders who are Consumers. The place of rendering the service of the domain registration shall be the Registrar’s seat.
    8. The Domain Name Holder shall bear exclusive liability for any illegal use of the domain, including such use by third persons to which it has made the domain available, unless, within 7 days of having being informed about the infringement, subject to applicable law, it discloses the identity and contact data of the third persons to a person that reports the infringement.
  8. Complaint Proceeding

    1. Any complaint of the Domain Name Holder about a default on or undue performance of services shall be filed in writing with the Registrar through the Partner. The aforesaid complaint shall provide for:
      1. the contact particulars of the Domain Name Holder,
      2. the name of the domain complained about,
      3. pleas of the Domain Name Holder,
      4. circumstances justifying the complaint,
      5. the requested manner, if any, of remedying the plead infringement.
    2. The Registrar shall be obliged to reply to the complaint in writing, within 7 (seven) days of receiving the same from the Partner, while indicating whether he recognises the complaint and how it intends to decide the same or informing about the lack of grounds for recognising the complaint and justifying his position. Should it be necessary to explain additional circumstances connected with services provided to the Registrar by the entities, which the Registrar is not liable for, the Registrar shall inform the Partner within 7 (seven) days about the need to explain those circumstances. The reply to the complaint shall be presented to the Partner, who shall be obliged to provide the same to the Domain Name Holder, in accordance with the complaint procedure under the agreement between the Partner and the Domain Name Holder.
  9. Modification of the Agreement

    1. The Registrar reserves the right to amend the present Agreement in the way required to fulfill: stipulations of agreements with ICANN, stipulations of agreements with Registry Operators, stipulations of annexes and other documents binding for the Registrar. The Registrar shall inform the Domain Name Holder about amendments to the Agreement electronically to the Domain Name Holder’s e-mail address or through the Partner. In case of amendments to the present Agreement, the Domain Name Holder who is a Consumer shall have the right to lodge an appeal within 14 days from the day of informing the Domain Name Holder by the Registrar or its Partner about amending the Agreement. The period for a Domain Name Holder who is not a Consumer shall be 7 days. Failure to lodge an appeal shall mean accepting the amended content of the Agreement by the Domain Name Holder in full.
    2. Should the Domain Name Holder file an objection, the Registrar shall have the right to consider such objection as an offer for earlier termination of the gTLD Registration Agreement. The objection shall be filed in writing through the Partner and contain all data of the Domain Name Holder, as well as the Internet domain name.
  10. Final Provisions

    1. This Agreement shall be governed by the laws of Poland.
    2. Termination, expiry or invalidity of the Agreement between the Partner and the Domain Name Holder shall mean the need to reach a new agreement between the Domain Name Holder and a Partner selected by him/her until the end of the Registration period. Failure to reach such an agreement before the end of such a period shall mean that the Registrar has the right to refuse renewing the domain. In case of termination, expiry or invalidity or the Agreement between the Partner and the Domain Name Holder, the Registrar shall not provide, in its own scope, administrative and technical servicing of the domain for the Domain Name Holder.
    3. The Domain Name Holder who is a Consumer shall have the right to withdraw from the gTLD Registration Agreement without providing reasons within 14 days from the day of its execution. Such a withdrawing shall be executed through making a statement to a Partner who shall be obliged to transfer this statement to the Registrar.
    4. Any termination of the domain registration agreement shall be connected with deleting the data of the Domain Name Holder from the Registrar Database and shall require the Domain Name Holder to select another domain registration service provider. The Domain Name Holder shall transfer the domain to another entity with the Authinfo code issued by the Registrar after the agreement has been terminated. The Registrar shall notify the Partner about termination of the domain registration agreement.
    5. Any and all issues relating to domain registration, administrative and technical service of the same, cancellation of such registration, deletion or transfer of the domain, shall be considered by the Registrar through the Partner. The Domain Name Holder shall not contact directly the Registrar, Registry Operators or ICANN for that purpose.
    6. The Domain Name Holder undertakes not to disseminate contact particulars of ICANN and the Registry Operators, such as a telephone number, fax number and e-mail address, in particular by placing the same in the WHOIS database.
    7. The Registrar, provided that he acts with due diligence, shall not be liable for any failure in domain registration or change in the domain registration data, due to any reasons beyond his control, including any reasons attributable to the co-operating Registry Operators or Partners.
    8. The Registrar shall not be liable for locking or deleting the domain due to any reasons beyond his control.
    9. The liability of the Registrar shall be limited to the value of domain registration fees paid by the Domain Name Holder. The Registrar shall not be liable for any lost profits of the Domain Name Holder.
    10. The Registrar shall not be liable for any consequences of illicit actions of the Domain Name Holder and consequences of any steps taken to eliminate illicit behaviour of the Domain Name Holder.
    11. The Registrar shall not be liable for any actions or inactions of the Partner under the agreement between the Partner and the Domain Name Holder.
    12. The Partner shall be liable for any actions and inactions of the Domain Name Holder under this Agreement.
    13. The provisions of items II.10 and X.9 shall not apply to the Domain Name Holder being a consumer within the meaning of the Polish Civil Code of 23 April 1964 (Journal of Laws No. 16 item 93), as amended.
    14. The provisions of this Agreement shall not exclude the application of the prevailing laws.
    15. This Agreement shall be binding upon the Domain Name Holder from placing a domain registration order by the same through the Partner.
    16. The draft of the gTLD Registration Agreement shall be valid from 01.12.2016.