USE AGREEMENT FOR TRUSTEE SERVICES
These terms and conditions constitute an agreement between you, and Domain The Net Technologies Ltd (hereinafter "The Company"), for the registration and/or holding of domain names using the third party services of a trustee or trustees designated by The Company (hereinafter “The Trustee”).
This agreement will apply for all domain names for which you have ordered Trustee Services either through The Company's website, or through an order form.
The Company will register or transfer the domain names chosen by you (hereinafter: "The Domain Names") on your behalf using The Trustee as the registrant (holder) in the Top Level Domain (hereinafter: "The TLD") of the relevant country (hereinafter "The Country").
The Trustee will be reflected as the registrant / holder of The Domain Names and you will have entire and exclusive rights to use The Domain Names in accordance with and subject to the following provisions:
- You hereby declare and affirm you wish to register or transfer The Domain Names in The Country and wish to use the services of The Trustee, since there are laws and regulations that require a domestic representative in The Country.
- You hereby acknowledge that The Trustee will be your representative and the registered holder (registrant) of The Domain Names in order to allow registration under the domestic laws and regulations in The TLD.
- You hereby acknowledge and authorize The Company to change The Trustee, according to its sole judgment, in any given time.
- You hereby authorize The Company to be the sole contact between you and The Trustee.
- You hereby declare and affirm that the registration of The Domain Names does not infringe any third party rights and, in particular, does not infringe any registered or unregistered trade mark; does not steal goodwill belonging to any third party; and does not prevent or hinder access to any third party’s business or service. You are aware and agree that it is your sole responsibility to check if any third party rights exist upon which the registration of the Domain Names infringes or violates, and that The Company and/or The Trustee do not need to perform any check of this sort, and do not perform such a check in practice, but act on the basis of the principle “first come, first served.”
- You hereby declare and affirm that The Domain Names are intended to serve you in good faith, for all your lawful needs, whether personal or commercial in nature.
- You hereby acknowledge that you shall bear the sole responsibility that the applied domain name and the contents of the website associated therewith are not prohibited by any law, regulation or agreement.
- You shall be responsible towards the Trustee and/or The Company for any damages or costs due to the infringing or illegal nature of the domain name or the web site associated therewith and for any damages or costs caused to the Trustee or to The Company because of claims by a third party, whose rights are infringed or alleged to be infringed by the domain name or the contents of the website.
- The registration of The Domain Names shall be governed by the The Company's Domain registration agreement located at http://www.domainthenet.com/en/domain_registration_agreement.aspx ("The Registration Agreement") and the registration regulations of the registry operator for domain names in The TLD.
- At your request, the registration of The Domain Names shall be transferred into your name, or the name of any of your designees, if and to the extent that the transfer can be performed in accordance with, and subject to, the regulations of the registry operator for domain names in The TLD; The Registration Agreement; and after you have satisfied all of the payments in respect of the purchase, maintenance and renewal costs, and the transfer fees for transfer of The Domain Names.
- It should be noted the use of The Trustees services can only be performed while The Domain Names are registered through Domain The Net as the registrar. In case you will be interested to transfer your domain to the management of another registrar, you will be required to initially perform a Registrant transfer into your name or the name of any of your designees, under the limitations specified in section 10 above.
- You alone shall be responsible for all of the expenses involved with The Domain Names, and you will indemnify the Company, upon its first demand in writing, in respect of any claim, demand, payment, damage or expense caused to it or to The Trustee, as a result of or in connection with the registration of The Domain Names, their maintenance, use, transfer or any activities that You shall perform using them.
- In consideration for the registration of The Domain Names and the grant of use rights therein, you will be obligated to make payments in accordance with the terms for the registration of domain names in the TLD, as these appear on the www.domainthenet.com website, or as provided separately to you.
- The Company is entitled to cease maintaining the Domain Names, or to cancel their registration, or to transfer their registration to any third party, if it becomes apparent to it, according to its best discretion, that their registration, maintenance, or the use thereof: (1) infringes the registry regulations for domain names in The TLD and/or The Registration Agreement of The Company and any document attached to The Registration Agreement; (2) infringes or is liable to infringe intellectual property rights (for example, if you register a domain name which is a trademark of another company); (3) infringes or is liable to infringe any rights of The Company and/or of The Trustee.
- The Company will bear no liability for any damage, destruction, expense and/or loss that you may sustain in connection with the registration, the maintenance and the use of The Domain Names.
- The Company will bear no liability and you shall have no claim, action or demand, in respect of any act or omission of the registry operator for domain names in The TLD including in cases of a refusal to register a domain name, the freezing of a Domain Name that has been registered, its suspension, its cancellation, its deletion, or its transfer to a third party – irrespective of the reason therefor – including a determination that the grant of use rights in the domain name in accordance with this Agreement is contrary to the registry regulations for domain names in The TLD.
- The Company will bear no liability and you shall have no claim, action or demand, in respect of any act or omission of The Trustee that may result among others in suspension of The Domain Names, their cancellation, their deletion, their transfer to a third party, etc.