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Catelonië .cat domein registratie voorwaarden
Catelonië .cat domein registratie voorwaarden
.cat Registration Agreement
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.CAT DOMAIN NAME REGISTRATION AGREEMENT
In order to complete the registration process you must read and agree to be
bound by all terms and conditions herein.
TERMS AND CONDITIONS
1. Definitions
"You" and "your" refers to the individual or entity that wishes to register a
.CAT domain name or a defensive registration (as defined below).
"We" and "us" refers to Fundació puntCAT ("REGISTRY"), with domicile in
Carrer del Carme 47, 08001 Barcelona (Catalonia; Spain; EU), the entity
responsible for managing and operating the registry for the .CAT sTLD.
"Agreement" refers to this .CAT Domain Name Registration Agreement
“Registrar”, refers to the entity submitting your .cat application on your behalf,
and is accredited by Registry in order to create, modify, update and delete
domain names in the ..cat database.
“ICANN” means the Internet Corporation for Assigned Names and Numbers,
the entity that selected Fundació puntCAT as the Registry for .cat TLD and
Registrar as an authorized registrar for gTLDs, including .cat..cat Registration Agreement
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2. Scope of the Agreement
2.1. This Agreement explains our obligations to You and your obligations to us
in relation to your use of our Registry services. The following types of
registrations within the ".CAT" Top Level Domain are available to qualified
persons and entities:
i. Registered Domain Names (ie. .CAT Domain Names);
ii. Defensive Registrations (i.e. registrations granted to registrants which
aim to prevent a third party from registering either an exact match of a
trademark or any variation of a trademark, which registration will not
resolve within the domain name system).
2.2. In order to register a .CAT Domain Name, you declare that you are part of
the Catalan Linguistic and Cultural Community in the terms specified by the
.CAT Charter that can be found at http://www.domini.cat/charter.pdf,
incorporated to this Agreement by reference. In case you don’t fulfill such
requirement, REGISTRY will deny your application for a Registered Domain
name, or might suspend or cancel it after registration.
3. Enforceability of the Agreement
3.1 The Agreement shall not be effective until and if accepted by us. The
registration of the domain name shall imply our acceptance of the Agreement.
Upon acceptance of the Agreement its terms and conditions shall be binding
for both parties. You acknowledge that you are submitting this Agreement
through a .CAT-accredited registrar.
3.2 REGISTRY may amend this Agreement at any time, and your continued
use of the domain name, understood as its presence on your name within our
system, will imply acceptance of the new terms. The current version of the
Agreement can be found at http://www.domini.cat/agreement.pdf.
4. Your Data
4.1. As part of the registration process you are required to provide us with the
following information:.cat Registration Agreement
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i. your full name, postal address, e-mail address, voice telephone number,
and fax number if available;
ii. the name of an authorized person for contact purposes in case of a
registrant that is an organization, association or corporation;
iii. the IP addresses of the primary nameserver and secondary nameserver
for the domain name;
iv. the corresponding names of those nameservers;
v. the full name, postal address, e-mail address, voice telephone number,
and fax number if available of the administrative, technical and billing
contacts for the domain name;
vi. a Declaration of Intent of Use for the domain name you want to register
Without prejudice to the above, REGISTRY (and/or Registrar) may request
other relevant data that may be kept by REGISTRY (and/or Registrar) in order
to facilitate the relationship with you.
4.2. You agree to respond within fifteen (15) calendar days to inquiries from
us or your Registrar concerning the accuracy of your Data. Should You not
respond to any inquiry from us or your Registrar concerning the accuracy of
your Data within the fifteen (15) calendar days following the notification to
You of such inquiry, REGISTRY or your Registrar shall be entitled to cancel
or put on hold your domain.
4.3. You acknowledge that your Data will be:
4.3.1. publicly available through the Whois Database Service, by itself or
through any research engine developed by the Registry for the
consultation of such a data base;
4.3.2. made available to ICANN (and to IronMountain, Inc, the escrow
agent mandated by the agreement with ICANN) for escrow and
inspection; both companies are located in the United States of America.
4.3.3. included and kept in our databases, managed by CORE Internet
Council of Registrars, a Swiss Association, for the provision of our
services and for the maintenance and development of the commercial
relationship..cat Registration Agreement
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4.4. Your Data will be held and processed by us, REGISTRY and ICANN, for
the purposes indicated above. By accepting this Agreement, you consent to the
use of your Data as described above, and to the transfer of data to the
abovementioned recipients.
4.5. Furthermore, subject to the policies implemented by ICANN, we may be
contractually required to provide third-party bulk access to your Data for
commercial purposes. Prior to providing third party bulk access to your Data
we will obtain an agreement in writing from such party by which it commits
not to use your Data for mass, unsolicited, commercial advertising purposes
(“spam”).
4.6. With respect to third-party personal data that you provide us with, you
guarantee that you have informed to such third-party individuals of the
intended uses and recipients of their personal data and have obtained of such
third party individuals the corresponding consent.
4.7. You may request us a copy of your Data in our possession to review them
by completing the form found at http://www.domini.cat/whois-questions.html
. Modifications or updates to your Data will be performed exclusively through
your Registrar.
4.8. We will not process your Data in a manner incompatible with the purposes
and uses mentioned above. We will take reasonable precautions to protect your
Data from loss, misuse, unauthorized access or disclosure, alteration or
destruction.
5. Agents
You agree that if this Agreement is completed by anyone on your behalf,
acting as your agent, you are nonetheless bound as a principal by all terms and
conditions provided herein, including the any dispute-resolution policy
foreseen in this Agreement.
6. Policies of Use
You agree that the Registered Domain Name shall be in accordance with the
syntactic norms established by ICANN, and shall not consist of any of the.cat Registration Agreement
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reserved names established by us. Said norms and policies can be found at
http://www.domini.cat/policies.html. You acknowledge that a domain name
registered against the syntactic norms or the reserved names may be cancelled.
We will not be liable in any case for such cancellation.
7. Dispute Policies
You agree that, if your use of our domain name registration services is
challenged by a third party, You will be subject to proceedings commenced
under the REGISTRY's Mediation Policy, Eligibility Requirements Dispute
Resolution Policy (“ERDRP”), Charter Compliance Policy and Charter
Compliance Reconsideration Policy. These policies are incorporated to this
Agreement by reference and can be found at
http://www.domini.cat/policies.html . You agree to accept the decisions issued
in connection with the domain name or defensive registration as a consequence
of the proceedings commenced under the Eligibility Requirements Dispute
Resolution Policy (“ERDRP”), Charter Compliance Policy and Charter
Compliance Reconsideration Policy, including the eventual blockage or
cancellation of the domain name or the defensive registration. Theses policies
may be subject to modifications.
You agree to submit to proceedings commenced under ICANN's Uniform
Domain Name Dispute Resolution Policy ("UDRP"). The UDRP is
incorporated to this Agreement by reference and can be found at
http://www.icann.org/udrp/udrp.htm. This policy is subject to modifications.
You agree that in the event a Registered Domain Name or a Defensive
Registration dispute arises with any third party, you will indemnify and hold
us and your Registrar harmless pursuant to the terms and conditions set forth
below in this Agreement. If we are notified that a complaint has been filed
with a judicial or administrative body regarding your use of our domain name
registration services, you agree not to make any changes to your domain name
or defensive registration record without our prior approval. We may not allow
you to make changes to such domain name record until (i) we are directed to
do so by the judicial or administrative body, or (ii) we receive notification by
you and the other party contesting your registration that the dispute has been
settled..cat Registration Agreement
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8. Breach of the Agreement
You agree that your failure to abide by any provision of this Agreement, any
REGISTRY operating rule or policy or your willful provision of inaccurate or
unreliable information as part of the registration process, or your failure to
update your information to keep it current, complete or accurate, or your
failure to respond for over fifteen (15) calendar days to inquiries from us
concerning the accuracy of the details associated with your domain name
registration or defensive registration may be considered by us to be a material
breach of this Agreement and that we may provide a written notice, describing
the breach, to you. If within fifteen (15) calendar days of the date of such
notice, you fail to provide reasonable evidence that you have not breached
your obligations under this Agreement, then we may delete the registration or
reservation of your domain name or defensive registration and/or terminate the
other services you are using from REGISTRY without further notice. We will
not refund any fees paid by you if we terminate this Agreement due to your
breach. Any such breach by you shall not be deemed to be excused simply
because we did not act earlier in response to that or any other breach by you.
9. Cancellation, Suspension of the Domain Name
9.1. You agree to comply with the requirements set forth by REGISTRY in
order to register a .CAT domain name. These requirements are incorporated to
this Agreement by reference and can be found at
http://www.domini.cat/policies.html . In case you do not fulfill the said
requirements or use the domain name for illegal purposes including, without
limitation, speculative registration, use in bad faith or aimed at harming third-
parties’ rights, deviation from the intend of use declared by You at the moment
of registering the domain name, massive transmission of unsolicited electronic
communications (“spam”) or any other illegal use, you agree that the domain
name used for such purposes may be cancelled by the Registry.
9.2. You acknowledge that (i) if you willfully provide inaccurate or unreliable
information or willfully fail to update information promptly and (ii) if you fail
to follow the policies of use established by ICANN and REGISTRY, will
constitute a material breach of this Agreement and that it will entitle us to
cause the cancellation of your registration..cat Registration Agreement
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9.3. You understand and accept that your domain name registration may be
cancelled, suspended or transferred pursuant to any ICANN adopted
specification or policy or pursuant to any registrar or registry procedure not
inconsistent with an ICANN adopted specification (i) to correct mistakes in
registering the domain name, including but not limited to, the cancellation,
within forty five (45) days from registration, of your domain name when its
registration has taken place as a result of a previous erroneous cancellation; or
(ii) for the resolution of disputes concerning the domain name.
9.4. You understand and accept that REGISTRY may cause the cancellation or
transfer of your registration that it deems necessary, in its discretion, to protect
the stability or the registry, to comply with any applicable laws, government
rules or requirements, requests of law enforcement, or to avoid any liability,
civil or criminal.
You understand that we will have to cause the cancellation of your domain
name registration or defensive registration if we receive a notification to that
effect issued by a competent authority under the relevant applicable laws.
10. Sunrise Period
10.1. You agree to comply with the special requirements set forth by us for
domain names qualifying for the Sunrise Period, which are incorporated to this
Agreement by reference and can be found at
http://www.domini.cat/sunrise.html . These requirements are subject to
modification.
10.2. You acknowledge that REGISTRY will have no liability of any kind for
any loss or liability resulting from the proceedings and processes relating to
the Sunrise Period, including, without limitation your ability or inability to
obtain a domain name during this period.
11. Internationalized Domain Names (IDNs)
10.3 You agree that in case you register a name with any special character
allowed by REGISTRY (à; ç; é; è; í; ï; l·l; ó; ò; ú; ü) you will be also
registering the ASCII equivalent (i.e., without those special characters), as
defined in http://www.domini.cat/idn-policy.pdf . Both domains will be tied in.cat Registration Agreement
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all respects (contacts, servers, use). But you will be charged only for the price
of one domain.
10.2 You acknowledge that Internationalized Domain Names are still in an
experimental stage and that not all browsers or other Internet applications
support them yet. REGISTRY might decide in the future to unbundle both
versions(ASCII and IDN) of your domain, and start charging for each of them
separately at the subsequent renewal.
12. Disclaimer of Warranties
We expressly disclaim all warranties of any kind, whether express or implied,
including but not limited to the implied warranties of merchantability, fitness
for a particular purpose and non-infringement. We make no warranty that our
service(s) will meet your requirements, or that the service(s) 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 service(s) or as to the
accuracy or reliability of any information obtained through our service(s). You
understand and agree that any material and/or data downloaded or otherwise
obtained through the use of our service(s) 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 and/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. No advice or information, whether oral or written, obtained by
you from us shall create any warranty not expressly made herein. To the extent
jurisdictions do not allow the exclusion of certain warranties, some of the
above exclusions may not apply to you.
13. Limitation of Liability
13.1. You accept that we shall not be liable to you for (i) any loss of
registration of a domain name or defensive registration for whatever reason not
due to our negligence or willful misconduct; (ii) access delays, system errors
or failures or interruptions to our registry system; (iii) non-delivery or
misdelivery of data between you and us; (iv) events beyond our reasonable
control; (v) events produced pursuant to the instructions received from
ICANN; (vii) the application of any of the dispute policies..cat Registration Agreement
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13.2. In no event shall our liability arising out of this Agreement, the claim of
any third party, or the termination of this Agreement, exceed the amounts
effectively paid by you to your Registrar for the registration of the relevant
.CAT Domain name or Defensive Registration. In no event shall we have any
liability for any indirect, incidental, special or consequential damages,
however caused and on any theory of liability, including but not limited to loss
of anticipated profits, even if it has been advised of the possibility of such
damages.
14. Indemnity
14.1. You represent and warrant to us that to the best of your knowledge
neither the registration of the domain name or the defensive registration or the
manner in which it is directly or indirectly used infringes the legal rights of
any third parties.
14.2. You shall indemnify and hold harmless REGISTRY and its directors,
officers, employees, and agents from and against any and all claims, losses,
damages, liabilities, costs and expenses (including reasonable legal fees and
expenses) arising out of or related to your domain name registration, defensive
registration or use thereof. This indemnification is in addition to any
indemnification required under the dispute policies.
15. Applicable Law & Jurisdiction
15.1. This Agreement shall be governed by the laws of the Kingdom of Spain.
15.2. Any claim, dispute or other matter in question with respect to or arising
under this Agreement or the breach thereof shall be decided by either the
Courts of your domicile, as indicated in our Whois database at the time of
submission of the claim, or the courts of our registered domicile (Barcelona).
16. General
16.1. This Agreement contains our entire agreement and there are no other
promises or conditions in any other agreement whether oral or written, except.cat Registration Agreement
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for the documents expressly incorporated by reference. This Agreement
supersedes any prior written or oral agreements between you and us.
16.2. If any provision of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be
valid and enforceable. If a court finds that any provision of this Agreement is
invalid or unenforceable, but that by limiting such provision it would become
valid or enforceable, then such provision shall be deemed to be written,
construed, and enforced as so limited.