General Terms Apendixes

General appendixes

Appendixes for Domain names

Security measurement policy

ANDIMA W.P. Solutions Srl is committed to operating its business in compliance with the requirements of the EU GDPR by preserving the confidentiality and integrity of all the information it holds and processes.

Although the Legislation places most of the obligations upon the Data Controller, it is the responsibility of all Realtime Register employees to apply the provisions of the EU GDPR in relation to all Processing of Personal Data and handling of Confidential Information, whether ANDIMA W.P. Solutions Srl is acting as Data Controller or Data Processor (or both).

All employees of ANDIMA W.P. Solutions Srl and, where applicable, external hired employees receive suitable and regular training regarding the information security policy and the information security procedures of the organization, to the extent, it is relevant for their function. Within the training, explicit attention is focused on dealing with (special categories of or otherwise sensitive) personal data.

Employees have been screened, and if required due to their position at ANDIMA W.P. Solutions Srl are in possession of a certificate of good conduct (VOG).

The EU GDPR requires ANDIMA W.P. Solutions Srl to take appropriate technical and organizational measures to safeguard Personal Data against unauthorized or unlawful processing, accidental loss, destruction, or damage.

ANDIMA W.P. Solutions Srl has put in place a number of technical and organizational measures and procedures which we apply not only to Personal Data, but also to all information we hold, including Confidential Information and information of any other kind that is used within the business.

IT facilities and equipment are physically protected against unauthorized access, damage, and malfunctions.

There are procedures to allow authorized users to access the information systems and services they need for the performance of their duties and to prevent unauthorized access to information systems.

In the case of data transport of confidential information over networks, an adequate level of encryption shall be applied.

Strict procedures apply to the management of certificates and associated keys.

Data processing activities that users or employees perform are recorded in log files. The same applies to other relevant events, such as attempts to gain unauthorized access to personal data and disruptions that may lead to a change or loss of personal data.

Security measures and protocols are applied to all application systems, including adequate access management.

The network and the information systems are actively monitored and managed. There are also procedures available regarding data leaks as required by the EU GDPR.

ANDIMA W.P. Solutions Srl installs security solutions and patches in a timely manner for it the software it uses when such solutions and patches have been issues.

There are procedures in place for the timely and effective handling of information security incidents and vulnerabilities in security as soon as they are reported.

ANDIMA W.P. Solutions Srl reports data leaks to relevant supervisory authority ( RO Data Protection Authority), and the applicable data controller(s).

Spam policy

Besides the General Terms and Conditions of Business and Registration it is also necessary for you to acknowledge this Acceptable Use Policy.

Policy regarding Spam / UCE (Unsolicited Commercial Email)

  1. ANDIMA W.P. Solutions does not send UCE ("spam"). When you receive email which you consider as "spam", this surely won't have it's source at ANDIMA W.P. Solutions . Being mentioned as "sponsoring Registrar" in the whois output does only mean that the domain in question has been registered through ANDIMA W.P. Solutions . Operational services such as mailservice are usually provided by an Internet Service Provider, which has to be referred to in the nameservice entries. ANDIMA W.P. Solutions does not support the behaviour of persons or entities sending mail to others without having any kind of contact before. Not liking something does not mean that we have the right to police it. ANDIMA W.P. Solutions will support your effort to stop somebody to spam, but will not make own judgements about the case. We are not taking the chance to "hurt" one innocent under 100 fraudulent registrants. Your can contact ANDIMA W.P. Solutions when the sending email address is using a domain registered with ANDIMA W.P. Solutions and;

    • The postal address of the owner of the domain is invalid; or

    • The owner of the domain does not prevent that UCE is being sent.

    ANDIMA W.P. Solutions will act accordingly to these Terms and Conditions as soon we get written proof of at least one of both cases. Please ask a legal advisor or lawyer what should be considered 'written proof'. We kindly ask you to send all your material (including e-mail headers) through our spam-report form.

  2. Customers are not allowed to send spam to every random internet user and/or to make unasked posting in bulletins in large numbers of newsgroups on the Internet through the network of ANDIMA W.P. Solutions.

  3. It has been prohibited for customers, to use insufficiently protected mail servers, linked to the network of ANDIMA W.P. Solutions.

  4. Bulk e-mail is permitted if it used the so-called verified OPT-IN regulation. Mailings where a database for has been used in which the recipient has not authorised the sender (the customer), are treated as spam and ANDIMA W.P. Solutions will treat this at the reception of complaints as such.

  5. After it has been determined if the complaint is indeed UBE or bulk UCE, the customer gets an official warning: FTO ("First Time Offender"). If there is no response within 24 hours, in which is stated that there have been taken sufficient measures to prevent spam, ANDIMA W.P. Solutions preserve the right to disconnect the domain name (by changing nameserver information, DNS records or other measures).

  6. If there are complaints concerning a customer who is state is already FTO, ANDIMA W.P. Solutions will without notification in advance disconnect the domain name for a period of minimum 48 hours. The customer is informed that the status of STO ("Second Time Offender") has been acquired. ANDIMA W.P. Solutions has the right to definitively raise all services to the customer, without some right to cost reduction for the still current subscription period.

  7. If for the third time complaints about a customers are received (TTO, "Third Time Offenders"), a raise of service is always irrevocable without some right to cost reduction for the still current subscription period.

  8. ANDIMA W.P. Solutions has the right to block communication with of other networks in order to prevent spam. It is possible that this can lead to a temporary outburst of connection with other networks.

Expired Registration Recovery Policy (ERRP)

Besides the General Terms and Conditions of Business and Registration it is also necessary for you to acknowledge this Expired Registration Recovery Policy (ERRP).

  1. Prior to expiration, ANDIMA W.P. Solutions will notify the registered name holder of the expiration at least two times. The first time approximately one month prior to expiration (26-35 days prior to expiration is considered compliant) and a final time approximately one week prior to expiration (4-10 days prior to expiration is considered compliant).

  2. Post expiration ANDIMA W.P. Solutions will send a notification 24 hours after the expiration of the domain name. After 48 hours of expiration, ANDIMA W.P. Solutions will interrupt ALL services as required by ICANN consensus policy.

  3. ANDIMA W.P. Solutions will display a branded reseller web page that the domain name is expired and contains renewal instructions.

  4. All e-mail and communications on paper send to the registered domain name holder will be stored for 3 years for auditing purposes. Expiry notifications and or logs of the notifications to the registered domain name holder for at least 3 years.
  5. You must permit the registered name holder to redeem a deleted registration during the redemption grace period if a redemption grace period is offered by the respective registry.
  6. You must make the renewal fees reasonably available to registered name holders and prospectively registered name holders at the time of registration of a gTLD (at a minimum, these fees must be included on your website and a link to these fees must be included in your registration agreements). Restore fees have to be reasonable.
  7. The above is a summary of the ERRP terms. The entire ERRP can be viewed here:
    http://www.icann.org/en/resources/registrars/consensus-policies/errp
  8. For gTLDs that are subject to ICANN's Redemption Grace Period, ANDIMA W.P. Solutions charges a 350 USD restore fee.

Registrant Service Level Description

ANDIMA W.P. Solutions is a wholesale registrar, which means we register domain names at various registries commissioned by our resellers. If you know your direct domain name and or hosting provider, please contact your provider directly. For registrants who do not know their provider, please use the contact form below. You will receive your providers contact details by e-mail within two business days.

Registrant contact with ANDIMA W.P. Solutions

If you want to contact ANDIMA W.P. Solutions as the registrant, admin, or billing contact of a domain name, please use the contact form in the about us section below. ANDIMA W.P. Solutions will send your message to your provider. Make sure you mention the domain names and as much detail as possible in your message. You will receive a confirmation of receipt of your complaint by e-mail within two business days.

Complaints about your provider

If you have complaints about your provider, please contact your provider directly. For registrants who do not know their providers name or details, please use the contact form below. ANDIMA W.P. Solutions will assess whether your provider is still in compliance and if necessary, we will advise your provider. Make sure you mention the domain names and as much detail as possible in your message. ANDIMA W.P. Solutions will forward your complaint to your provider to resolve the issue. You will receive an acknowledgement of receipt of your complaint by e-mail within two business days.

Complaints escalation process

If you feel your provider handled your complaint inadequately, please use the form below. ANDIMA W.P. Solutions will assess whether your provider is still in compliance and if necessary, we will advise your provider. Make sure you mention the domain names and as much detail as possible in your message. ANDIMA W.P. Solutions will forward your complaint to your provider to resolve the issue. You will receive an acknowledgement of receipt of your escalation by e-mail within two business days.

If you’re not satisfied with the outcome of your complaint escalation with the assistance of Realtime Register, please feel free to escalate your issue to Nominet, the .uk registry.

Indemnification

Besides the General Terms and Conditions of Business and Registration it is also necessary for you to acknowledge the following additional conditions for domains concerning "Indemnification".

Indemnification

The Supplier requires a Registered Name Holder to indemnify, defend and hold harmless the Registry Operator, including without limitation;

This Indemnification covers their respective subsidiaries and affiliates, and the directors, officers, employees and agents of each of them, from and against any and all claims, actions, losses, damages, expenses and costs, including reasonable attorneys' fees and expenses, arising out of or relating to (i) the Registered Name Holder's domain name registration, (ii) any breach by the Registered Name Holder of this Agreement, including the Dispute Policy, or (iii) any third party claim, action, or demand related to the Registered Name Holder's domain name or the use thereof. This indemnification obligation survives the termination

Additional conditions for Afilias operated Top Level Domains

Besides the General Terms and Conditions it is also necessary for you to acknowledge the following additional conditions for Afilias operated TLDs as described at theAfilias Policy Information page

The afilias operated TLDs are amongst others: .info .black .red .blue .pink .voto .kim .lgbt .green .vote .poker .shiksha .移动

Additional conditions for registering a .BIZ domain

Besides the General Terms and Conditions of Business and Registration it is also necessary for you to acknowledge the following additional conditions for domains below the Top Level Domain .BIZ.

This section concerns provisions which apply to any domain names that the customer registers through ANDIMA W.P. Solutions in the relevant registry(ies). With respect to any registration of a .BIZ second level domain name, The customer agrees to the following terms:

1. Restrictions

  1. Domain registrations under the Top Level Domain .biz are restricted to (intended) use for business or commercial purposes. This means that the domain as such can only be used: for the exchange of goods, services or property of any kind and in ordinary course of trade or business or to simplify the above activities. The same applies if the .biz domain is used to make possible access to content, software, graphics or other materials using the Internet addressing system (DNS- Domain Name System). Registration of a .biz domain merely for the purpose of selling, trading or leasing it for compensation is not a permissible use. You can see details of the restrictions at http://www.neulevel.biz/ardp/index.html

  2. The customer warrants that the .biz domain will be used in compliance with the above regulations and that he or she is entitled to register it. The customer also warrants that the .biz domain is demonstrably in connection with a (proposed) commercial use at the time of registration.

2. Data transmission

  1. The customer is obliged to provide accurate data in accordance with the General Terms and Conditions of Business and Registration. The customer also has the opportunity to forward a remark relating to the .biz domain for publication in the WHOIS database.

  2. The customer warrants that the data provided is accurate. If the data provided is incorrect or no correction is received within five days of enquiry by the Neulevel registry to the contact persons published in the WHOIS database, this constitutes a violation of the agreement.

3. Domain disputes

  1. If the customer reserves or registers a .biz domain, he or she agrees to the following procedures:

    • Uniform Dispute Resolution Policy, accessible at http://www.icann.org/udrp/udrp.htm. The basic features of the procedure are explained in figure 6 of the General Terms and Conditions of Business and Registration.

    • Start-up Trademark Opposition Policy ("STOP"), accessible at http://www.neulevel.com/countdown/stop.htmlThe STOP governs the conditions for a dispute between a third party and the customer if this relates to the so- called Intellectual Property Claim service. This is a service created by the registry to notify trademark holders if a domain was registered which the trademark holders claim rights to. These rights can be asserted before an independent ICANN-accredited dispute resolution provider.

    • Restrictions Dispute Resolution Criteria and Rules, accessible at http://www.neulevel.com/countdown/rdrp.html. The procedure described in these regulations is for claims before an independent ICANN-accredited dispute resolution provider that a registration is not being used for commercial purposes. The Neulevel registry does not check the permissibility of the use.

  2. The Neulevel registry reserves the right to change the procedures described above with notification of 30 days. If the customer does not agree to such a change he or she is entitled to terminate the registration agreement. Payments made will not be refunded. If the customer continues with the reservation or registration, this is done on the amended conditions.

  3. The customer indemnifies the Neulevel registry from all disadvantages within the framework of domain disputes.

  4. Once claims have been filed against the customer with respect to the .biz domain the customer is no longer entitled to make changes to the domain data without prior written agreement of the Neulevel registry. The Neulevel registry will only make changes if;

    • a request to this effect is made by an entity authorised to make a decision or

    • notification is received from the third party and the customer that the dispute has been resolved.

4. Reservations

 ANDIMA W.P. Solutions and the Neulevel registry reserve the right to refuse, delete or transfer registrations at their discretion if necessary to maintain orderly operation of the registry, comply with statutory or official regulations, on the instruction of a public prosecutor, within the framework of the above regulations or to avoid civil or criminal liability of ANDIMA W.P. Solutions or Neulevel registry or their employees. ANDIMA W.P. Solutions and Neulevel registry also reserve the right to ?freeze? a .biz domain during current proceedings.

Additional conditions for registering a .DE domain

Besides the General Terms and Conditions of Business and Registration it is also necessary for you to acknowledge the following additional conditions for domains below the Top Level Domain .DE.

This section concerns provisions which apply to any domain names that the customer registers through Realtime Register in the relevant registry(ies). With respect to any registration of a .DE second level domain name, The customer agrees to the following terms:

1. Conditions for .DE domain names

  1. When registering a .DE domain name the Supplier acts as a mediator, in which an agreement comes about between the Registrant (domain name holder/owner) and DENIC eG. (www.denic.de).The communication concerning the rights and duties between the Registrant and DENIC eG takes place between the Supplier and Reseller or Registrant.

  2. If supplier can't meet its obligations towards DENIC eG, the property rights of the Registrant to the domain name have been protected in the agreement which has come about when the domain name has been registered, between Registrant and DENIC eG., in which the Registrant has a financial obligation of for the domain name registration towards DENIC eG, according to by its conducted tariffs. (www.denic.de)

  3. The Registrant agrees on the terms conditions for .DE domain name registration as mentioned in the "Denic-Domainrichtlinien", the pricelist of DENIC eG (Denic-Preisliste) and the general conditions of DENIC eG (Denic-Domainbedingungen).

Additional conditions for registering a .NL domain

Besides the General Terms and Conditions of Business and Registration it is also necessary for you to acknowledge the following additional conditions for domains below the Top Level Domain .NL.

This section concerns provisions which apply to any domain names that the customer registers through Realtime Register in the relevant registry(ies). With respect to any registration of a .NL second level domain name, The customer agrees to the following terms:

1. Domicile address for Registrants outside the Netherlands

  1. If an applicant of a .NL domain name is not in the Netherlands resident or established, then the applicant must provide an address in the Netherlands where written pieces can be delivered. This is called a domicile address. This must be a visiting address and no PO Box, because here official pieces, for example in the case of a dispute around a.NL domain name, can be delivered. This address is checked by theSIDNduring the registration.

  2. If in some cases the postal address and telephone number of the Supplier are used for contact data in whois-databases. The holder of the domain name agrees to modify this address and telephone number when the domain name is transferred away from the Supplier, in a manner that the Supplier can no longer be connected with the concerning domain name.

2. Technical requirements

During the complete life span of a .NL domain name, the Reseller or/ and Registrant has to meet all technical demands concerning DNS and nameservers, and the way these are configured. If this is not the case, SIDN can raise the concerning domain name for technical reasons.

The SIDN has strict requirements concerning the DNS and nameservers and how you have incorporated a domain name in the nameservers. You can read through all these requirements on:

http://www.sidn.nl/ace.php/c,727,5886,,,,Nameserver_check.html(Dutch).

We advise you to use the Free Nameserver (DNS) of the Supplier for .NL domain names!

3. Nameserver check

You can verify if your namesservers are configured correctly on:http://www.sidn.nl/ace.php/c,727,5886,,,,Nameserver_check.html

4. Payment

When the Registrant or Reseller does not pay for the domain name, or if an renewal is not made in time, the Supplier is authorised to raise the domain name, in name of the Registrant (domain name holder) or Reseller.

5. Fine - by faulty transfers

Because a transfer, owner change or removal of a .NL domain name is not checked by the SIDN, you have to be very careful with such a request. If such a request comes about without written proof of the owner of the domain name (domain name holder) and the transfer (to the supplier),owner change of removal turns out to be illegal, € 130,- will be calculated from your account as payment. This can happen if the SIDN asks for written proof of the transfer from the owner of the domain, and this can't be given.

Additional conditions for registering a .UK domain

Besides the General Terms and Conditions of Business and Registration it is also necessary for you to acknowledge the following additional conditions for domains below the Top Level Domain .UK.

This section concerns provisions which apply to any domain names that the customer registers through Realtime Register in the relevant registry(ies). With respect to any registration of a .UK second level domain name, The customer agrees to the following terms:

Conditions for .UK domain names

When registering a .UK domain name the Supplier acts as a mediator, in which an agreement comes about between the Registrant (domain name holder/owner) and Nominet.uk. (www.nominet.org.uk). The communication concerning the rights and duties between the Registrant and Nominet.uk takes place between the Supplier and Reseller or Registrant.

The Registrant agrees on the terms conditions for .UK domain name registration as mentioned by "the GTC of Nominet.uk".

Additional conditions for registering a .MOBI domain

Registered Name Holder shall:

Indemnify to the maximum extent permitted by law, defend and hold harmless Registry Operator, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder's domain name registration and or use, and this indemnification obligation survive the termination or expiration of the registration agreement; (3.7)

Indemnify, defend and hold harmless Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder's domain name registration and or use, and indemnification obligation survive the termination or expiration of the registration agreement; (3.7.1)

Acknowledge and agree that notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. ("dotmobi"), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to REALTIME REGISTER B.V. being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotmobi shall survive any termination or expiration of this Agreement. (3.8.3)

Comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; (3.8.1)

Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operator to Registrar; (3.8.2)

Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory local data protection, laws and privacy; (3.8.4)

Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP"); (3.8.5)

Provide current, accurate and complete information in connection with its registration of the Domain Name and its creation, launch, and operation of the Website, including but not limited to information required for the purposes of the Whois records.

Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name; (3.8.6)

Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute made during the limited industry launch or over a Sunrise Registration. (3.8.7)

Acknowledge that if the domain name being registered is a dotMobi Premium Name, as such are listed at http://mtld.mobi/domain/premium, then use of the domain is also subject to the terms and conditions of the dotMobi Premium Name Agreement (formerly known as the dotMobi Auction Agreement) posted at http://mtld.mobi/node/1135, which is incorporated by reference herein.

Acknowledge and agree that upon termination or expiration of the dotMobi Premium Name Agreement in accordance with the terms thereof, (i) any and all rights of Company to the Registration of the Domain Name, the Registration Code, and/or to create, launch, and/or operate the Website shall be terminated, and all such rights shall revert to mTLD and (ii) mTLD may grant Registration rights to the Domain Name and/or rights to the Registration Code to any entity or person in its sole discretion, and Company shall have no rights or recourse against mTLD and/or Registrar relating to the registration or use of the Domain Name and/or Registration Code by any other such entity or person.

Acknowledge and agree that the Registry and Registry Services Provider, acting in consent with the Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute. (3.8.8.)

Acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) 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. (3.8.9)

Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract. (3.9.1)

Additional conditions for registering a .XXX domain

1. Conditions for .XXX domain names

  1. When registering a .DE domain name the Supplier acts as a mediator, in which an agreement comes about between the Registrant (domain name holder/owner) and DENIC eG. (www.denic.de).The communication concerning the rights and duties between the Registrant and DENIC eG takes place between the Supplier and Reseller or Registrant.

  2. If supplier can't meet its obligations towards DENIC eG, the property rights of the Registrant to the domain name have been protected in the agreement which has come about when the domain name has been registered, between Registrant and DENIC eG., in which the Registrant has a financial obligation of for the domain name registration towards DENIC eG, according to by its conducted tariffs. (www.denic.de)

  3. The Registrant agrees on the terms conditions for .DE domain name registration as mentioned in the "Denic-Domainrichtlinien", the pricelist of DENIC eG (Denic-Preisliste) and the general conditions of DENIC eG (Denic-Domainbedingungen).

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