Terms and Conditions

Domain Name Registration Agreement

1. Contractual basis

  1. All services of the company ideegeo Group Limited, dba IWANTMYNAME.COM -- in the following referred to as "IWMN" -- are provided solely on the basis of these terms and conditions, the information provided on the website of IWMN and other terms and conditions referred to in these conditions.

  2. Customers terms and conditions as well as individual agreements are only valid if IWMN has provided its consent in written form.

  3. IWMN may modify these terms and conditions, the registration agreement, the terms of use, and the price lists at any point in time. IWMN is obliged to inform the customer of the terms and conditions changes by mail or email unless such notification requires unreasonable efforts. The customer may object to these modifications within 14 days starting from the notification. Should the customer object, IWMN may terminate the agreement within 14 days or, at our choice, at the next possible termination date. The new terms and conditions are accepted by the customer if the customer does not object. Changes to the privacy policy become effective upon announcement

  4. The customer is obliged to review and save these terms and conditions, as well as the respective appendixes which are relevant to the customer. IWMN will keep a current version of these terms and conditions available on its websites.

  5. The customer undertakes to maintain complete and accurate contact information in his user account at all times. IWMN is authorized to verify the information or to request evidence and to terminate the account upon detection of incorrect or incomplete data.

  6. The customer agrees to IWMN sending important notifications by email. The email address entered in the customer account must therefore be kept current and checked at regular intervals. IWMN is not responsible for customers not taking notice of messages sent to the email address provided by the customer.

  7. By initiating an order through IWMN and/or by executing electronic actions, the customer declares that he has the proper authority to place orders either for himself or as properly authorized representative of his organisation and that he agrees to the terms and conditions, contractual terms, privacy policy and registration agreements in all parts.

  8. In case of orders for or in the name of third parties, the customer remains the only contract partner of IWMN. Our terms and conditions, contract terms, privacy policy and general registration rules shall also apply to the third party; the customer is obliged to bind the third party to abide by the required code of conduct and duties and pass on these terms to the third party.

2. Contract

  1. The IWMN webpages constitute an invitation for customer contract applications. The content of the webpages is subject to change without notice. A contract can be concluded by either written or electronic confirmation of the application by IWMN or by fulfilment of the order. Mere use of the website or confirmations of receipt of an order shall not result in an agreement with IWMN.

  2. In case the order is only partially deliverable, then the customer will also accept partial delivery.

  3. The object of the agreement and scope and description of services shall be defined by the specific agreements.

  4. The customer is obliged to check the order confirmation from IWMN and must contact IWMN immediately in case of errors or mistakes.

  5. The right to withdraw from the agreement and to return the services in case of distance selling agreements is excluded for contracts to supply goods or services, which are tailored according to customer specifications or to their personal needs, as well as for services where IWMN has immediately begun at the request of the or where the value is already accrued to the customer. The customer agrees that IWMN shall immediately begin with the performance of the order or service. Such customized service is especially the case with the registration of individually specified according to customer requirements of the domain name. In addition, we refer to our information on the right of withdrawal.

3. Domain and hosting services

  1. For the use of services relating to the registration or management of domain names, our registration and management terms for domain names (Registration Agreement) additionally apply as well as, if applicable, the registration requirements of ICANN and the respective registries which shall be considered part of the agreement.

  2. For the use of hosting or email services, the hosting service terms of IWMN additionally apply and shall be considered part of the agreement.

4. Duration of contract and termination

  1. The term of a service follows the accounting periods laid down in the specific agreements. Unless otherwise agreed or if the service description indicates otherwise, a standard term of 12 months applies to all services.

  2. Agreements with a minimum term of 12 months are automatically renewed for another 12 months if they are not terminated with a notice period of 3 months to the expiry date, unless agreed otherwise.

  3. Agreements with a term of less than 12 months shall be automatically renewed by their respective minimum term, unless they are not terminated with a notice period of 1 month before the date of expiry, unless agreed otherwise.

  4. Services that are currently provided free of charge can be suspended or be made chargeable at any time, upon prior announcement by IWMN, provided IWMN grants a right of special termination to the customer.

  5. Both sides can cancel the contract for important reason. An important reason for IWMN is particularly assumed to exist when the customer

    a. is in delay of submitting the fee in the amount of one monthly fee for contracts which have a minimum duration or where a certain duration time period has been agreed upon,

    b. is in more than 20 calendar days delay of submitting the payment for contracts with an undefined length,

    c. culpably violates duties of the contract or these terms and conditions,

    d. violates third party rights by use of the services,

    e. does not modify the use of the service within appropriate period in such a way that they meet the requirements regulated in the terms and conditions despite having received a warning; or

    f. culpably or negligently acts contrary to the terms and conditions of the agreement or the registration policies of the registries (if applicable).

In these cases, the customer loses all rights to the service.

  1. The customer will be informed by email about the obligation to pay the renewal fees prior to the end of the contractual term. In the case of non-payment at least 3 days prior to the expiration date the customer will lose all rights to the performance of the service.

  2. If the customer did not terminate the contract on time and the customer has either identified his payment method to be credit card or bank debit and provided current and valid payment details, then the due amount will automatically be charged 10 days prior to the expiration and the agreement will be renewed accordingly. The same applies if the customer has sufficient funds or credit in his account.

  3. In the event of premature termination of a service no prorated refund of the consideration is paid for the remaining period, unless the termination is caused by IWMN culpably or through gross negligence without legal basis. This also applies to other services or additionally booked options as well as termination for cause and termination due to binding decisions in domain name disputes.

  4. Cancellations notices are only accepted in written form, for contract conclusions beginning from 2018-05-25 in text form, which shall include faxed messages.

5. Pricing

  1. The prices for services of IWMN and for third-party services mediated by IWMN are published without engagement on the websites. The prices can be changed at any time. This also applies for services currently provided free of charge.

  2. Only the actual price on the day of the conclusion of contract, the receipt of a specific order or of the renewal of a service.

6. Payment

  1. Payment can be made by using the payment methods made available in the customer account. IWMN reserves the right to restrict payment methods available on a case-by-case basis.

  2. Usage-based fees will become due immediately upon invoice unless another due date is agreed upon. Other charges must be paid in advance by the customer.

  3. Execution of the tasks will only start after a successful credit card payment, by direct debit, or - for payments by check or bank transfer - are introduced to the account of IWMN on receipt of the amount. All transaction costs must be covered by the customer. The customer has no right to fulfilment until payment is received in full.

  4. If the customer fails to submit payment until the due date despite a reminder of IWMN, he is in default. In other respects, the statutory regulations for default shall apply.

  5. Customer agrees that he will lose all rights to a service in case that payments are not submitted or not submitted in full or in the case of a charge back by their bank or credit card company, credit card fraud or any other reversed payment.

  6. Invoices are published in the account of the customer as well as sent by email, unless another procedure is agreed upon. Should the customer wish to receive an invoice by regular mail then IWMN has the right to charge NZD 3 for each mail delivery.

  7. The payments for services are also not refundable in case of disruptions in the service due to force majeure or other causes outside the realm of IWMN responsibilities.

  8. Prepayments for services which could not be rendered will be credited to the customer account and can be refunded at any point in time or be automatically used for open orders for which no payment has occurred. The customer will cover all costs of this refund.

  9. If a bank debit is denied by customer, or denied by the bank due to insufficient funds, or a chargeback be initiated for any reason, the customer is liable for the bank costs, currently NZD 3, plus an additional processing fee of NZD 10 per failed bank debit or chargeback. In addition, the customer irrevocably authorizes his bank to communicate to IWMN or their agents the name and address of the customer.

  10. Per justified due payment reminder IWMN is entitled to demand to the costs incurred which currently amount to NZD 3, plus a handling fee of NZD 8. IWMN is also entitled to cease all services after unsuccessful reminder without notice and to block the access of the customer to his account(s).

  11. The customer can only offset his own claims against claims of IWMN if these claims have been accepted by IWMN in writing.

  12. In case of default on payments, IWMN may charge an annual interest of 9% above the current base interest rate according to § 247 BGB, or if the customer is a consumer, an annual interest rate of 5% above the current base interest rate.

7. Liability

  1. As a condition of the customer's access and use of the services of IWMN the customer agrees to defend, indemnify, save and hold harmless IWMN, agents, partners, ICANN, the respective central registry as well as all persons involved in rendering of the service in respect to all claims, demands, liabilities, costs and/or expenses resulting from an illegal use of the service, of the domain name registered by the customer or the content provided on a registered domain. In the event of a claim, customer has the right to prove IWMN, that claims in the context of the exemption have not occurred in the demanded extent or not at all, and / or the customer is not responsible.

  2. Neither IWMN, its agents, partners, ICANN, the respective central registry nor any person in- volved in the rendering of the service will be liable to the customer or any third party for any direct or indirect loss of profits, earnings or business opportunities, damages, expense, or costs resulting directly or indirectly from any failure to perform any obligation or provide service hereunder be- cause of any Force Majeure, or governmental acts or directives, strikes, riot or civil commotion, war, any natural disaster, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force or condition beyond IWMN' reasonable control.

  3. IWMN cannot be held liable for delays of services and server downtimes due to force majeure, fault of third parties or due to events which IWMN has no influence on, despite any agreed upon deadlines and dates. IWMN is authorized to postpone the provision of services and/or de- livery by the duration of the respective disruption plus an appropriate starting time. Furthermore, IWMN can limit access to the service if the stability and security of the operation, the maintenance of the net integrity, particularly the avoidance of serious disturbances of the network, the soft- ware or stored data require such action. IWMN is not obligated to review or monitor the use of the service by the customer to ensure its legality.

  4. For all services of IWMN ́ liability will be limited to intent and gross negligence if and as much as it is legally permitted. In case of paid services liability is limited by IWMN with negligence and rough negligence to the amount of the payment which can be paid in each case from the customer for the respective achievement and/or achievement period. For free services, the liability of IWMN is limited to cases of minor negligence and to an amount of NZD 25 for each single case or NZD 100 for all cases. In any other case the liability of IWMN is limited to damages typically foreseeable at the time the agreement was first concluded.

  5. The customer agrees to keep all passwords and access data received from IWMN for access to our services secret and to inform IWMN once he receives any information about unauthorized parties gaining access to these passwords. The customer acknowledges that he is responsible for any orders or statements issued with his user identification and that he bears the risk of unauthorized use of his access data. Should unauthorized third parties use IWMN services while using his ac- count, the customer is responsible for all fees and damages. IWMN may lock access to an ac - count if there is sufficient reason to assume it is used by unauthorized parties. IWMN will in- form the customer without delay of any such measure taken.

  6. In case of allowed use by third parties or resale of products and services of IWMN to third parties, the customer is liable for any claims resulting from violations of the contract terms by the third party and shall indemnify IWMN in full from all claims resulting from the use of the service by the third parties.

8. Data and protection of data

  1. To perform the service storage, processing and use of personal data of the customer is necessary. This processing is performed within the scope of the applicable data protection regulations. Additional information on this is provided in the data protection guidelines of IWMN which are deemed to be part of these terms and conditions.

9. Final clauses

  1. Modifications or changes of terms or conditions or the contract, as well as cancellations will only be accepted in text form, oral agreements shall not be considered valid. This also applies to terms and conditions of customers unless IWMN expressly agrees to accept such terms in writing.

  2. For commercial customers and legal entities in New Zealand (as well as for all customers without permanent residence in New Zealand) Auckland, NZ will be the exclusive place of jurisdiction, as well as the place of fulfilment.

  3. For the contract between IWMN and its customers, New Zealand law is the only effective law. U.N. purchase law shall not apply.

  4. If any provision of these terms and conditions shall be or become unenforceable and/or invalid, such unenforceability and/or invalidity shall not render these terms and conditions unenforceable or invalid. Any provision determined to be unenforceable or invalid shall be replaced by provisions which are valid and enforceable and closest to the original objectives and intents of the original provisions in an economic and legal sense that would have been agreed upon by the parties, had they known of the invalidity at the time of the agreement. As far as legally possible, IWMN shall replace the clause in the above-mentioned extent.

Domain Registration Agreement

1. General

  1. This agreement controls the rights and obligations between IWMN (\"Registrar\") and the domain holder or its agent or representative (\"Customer\") regarding domain names that are registered and managed at the Registrar by the domain owner or on his behalf.

  2. Customer is aware that Registrar is a registrar or reseller for domains. In the provision of domain name registration or management services, Registrar acts as a mediator between the customer and the organizations responsible for the management of the central databases. Registrar has no influence on the fact that the domain names applied for the customers can be registered and/or are freely from third party rights. Registrar cannot guarantee for this and for the continued registration of the domain names.

  3. The various top-level domains are administered by various national or private organizations (\"Registries\"). ICANN and each of these organizations have their own terms and conditions regarding the registration and use of the domain names, and possibly proceedings regarding domain name disputes. Registrar is required to pass on these terms and policies and dispute policies to its customers. By requesting a domain registration or domain transfer, Customer declares to be aware of the existing and current registration terms and policies of ICANN and the respective registry and accepts them as an essential part of this agreement.

  4. Customer further acknowledges that registration policies of the respective registries or ICANN policies may change from time to time and agrees to keep himself informed about the current rules and to either accept those changes or delete the affected domain names. Registrar will provide information on essential changes in its newsletters and will provide a link to the most current policies on its website.

  5. Customer acknowledges that the registration of a domain name may be cancelled at any time due to violation of applicable registry or Registrar policies. He agrees in particular to any cancellation, deletion or a transfer of the domain name in accordance with a condition or registration policy of the respective registry or due to an action of Registrar or the registry, provided that it is carried out by the Registrar or the registry operator (1) to correct errors at the registration or transfer, (2) to resolve disputes which concern the registered domain names or (3) due to a violation of the registration policies, provided that such action does not violate ICANN or registry policies.

  6. Registrar may modify this registration agreement at any time. Registrar agrees to inform Customer of the change of the terms and conditions by mail or e-mail unless such notification requires unreasonable efforts. Customer can object to modifications within 14 days of the sending date of the notification. Should the Customer object, Registrar may choose to terminate the agreement within 14 days or at the next possible termination date. If Customer does not object, the new terms and conditions shall be regarded as accepted by Customer and shall become part of the contractual relationship.

  7. If Customer registers a domain name for third parties or on their behalf, he must ensure before ordering that the third party knows and accepts all relevant policies and registration terms and conditions, including this registration agreement and our privacy policy. Customers who act as resellers or distributors are obliged to transmit these conditions completely and obligatory to the end customer/registrants and to document their approval by appropriate evidence. The customer is further required to inform the registrant about all notifications of the Registrar regarding their domain names, the registration terms and all fees applicable to the registration. The policies of the registries and ICANN applicable to Registrars apply accordingly for Customers acting as a reseller. Prior to requesting a termination of a domain name registration or change of registrant contact information, the authorization by the third party to request the termination or modification must be ensured. Transfer requests or requests for Transfer Codes by the third party must be treated in accordance with the transfer policies of the appropriate registry and/or ICANN. Customer undertakes to collect and maintain suitable evidence and required documentation as evidence of the customers agreement and prove the authorization for any actions performed on behalf of the third party by submitting these records to Registrar upon request.

  8. If registered name holder registers a domain name through a third party, agent or distributor, he accepts all acts and omissions of these parties as his own. The registered name holder explicitly authorizes these parties to undertake administrative actions regarding all domain names registered on his behalf at Registrar.

  9. Both Registrar as well as Customers authorized by registered name holder shall be considered designated agents of registered name holder regarding the management and registration of a domain name with regard to ICANN, registry or other parties involved in the registration process.

  10. In the event that Registrar, in accordance with the policies of the registry, cannot maintain the registration of a domain name of Customer or its own accreditation, Registrar shall be entitled to an extraordinary termination of the registration agreement with Customer with a 14 day period to the end of month. As designated agent of the registered name holder, Registrar is at any time authorized to execute transactions deemed necessary for the management of a domain name including data updates or transfers.

2. Registration and transfers of domain names

  1. By submitting a request for a registration and/or transfer a domain name by/to Registrar, Customer authorizes Registrar to transmit on his behalf all entries and modifications which he makes at Registrar (e.g. DNS Updates, Updates of registration data, other domain configurations) directly and in real time to the respective registry. Registrar is authorized to undo wrongful transactions.

  2. Customer undertakes to guarantee that the applied-for domain name and the intended use of the domain name: (a) do not violate rights of third parties, (b) that there are no other legal or factual obstacles in conflict with the registration, (c) that the chosen name does not violate moral conventions, (d) that the registration request occurs in knowledge and consideration of the guidelines and policies of the relevant registry and (e) that he is authorized to request this operation. Registrar is not obliged to verify this authority. Registrar may reject any application to register or transfer of a domain name without reason.

  3. Customer acknowledges that domain name registration requests are usually executed on a \"first-come, first-served\" principle by the registry. Registrar shall give no guarantee for a successful allocation of ordered domains and becomes free from the duty to perform the service in case of impossibility of the order. Registrar is not obliged to follow this principle in case of multiple requests for one domain name.

  4. The registration term after the initial application for the registration of a domain name or the transfer of a domain name from another registrar can be between one and ten years, depending on the domain name.

  5. By applying for a domain transfer from another provider to Registrar, Customer confirms that he is authorized to dispose over the domain name. After the transfer is completed the domain owner is obliged to review the accuracy of the data on record in the registration database for the domain name and to correct them if necessary. Registrar is authorized to undo domain name transfers in case a previous transfer of the domain name occurred without the authorization of a previous registrant of record, or in case control over the domain was unlawfully lost by a previous registrant of record.

  6. By requesting a transfer of a domain name to a third party (\"change of ownership\"), Customer confirms that the third party has expressly agreed the change of ownership and the terms of this agreement and our privacy policy and will provide documentation to that effect upon request. Registrar is entitled to cancel or refuse to execute a change of ownership where such agreement is not documented.

  7. Concerning registration of domain names in multilingual scripts (IDNs) or under newly introduced top-level domains, Registrar does not have any control of these registrations and it might be possible that the service will be modified, interrupted or even terminated by the registry without prior notice. Registrar has no obligation to guarantee the continuity of the existence or availability of domain names, their fitness for planned uses or applications and registration and use of such domain names is at the risk of Customer. Customer acknowledges that the functionality of domain names may not be the same as in regular domain names. Furthermore, Customer also acknowledges that a domain name may potentially not function fully or for each use as they may require necessary new technical features.

  8. Customer expressly agrees to the immediate execution of the service by Registrar. The registration, the transfer and the renewal of a domain name is a service provided in accordance to Customer specifications. The right to withdraw from the agreement or to returns in distance contracts is therefore excluded.

2a. Premium Domain Names

  1. For domain names that have been designated by the respective registry as Premium Names, special prices may apply for registration, renewal and/or transfers that differ from the standard pricing in a TLD („Premium Price"). In such cases, the general price list for the TLD does not apply and the respective fees will be displayed separately for each transaction.

  2. Customer acknowledges and accepts that in case of an erroneous display of Premium Prices in the user interface at the time of registration, renewal or transfer of a Premium Domain Name Registrar may at any time undo the transaction and return the Premium Domain Name to the registry or the previous registrar, provided such display was caused by a missing or erroneous designation of the Premium Domain Name or the applicable fee by the registry, or if the designation as domain name was not recognized by Registrar. The prepaid fees for the transaction will be refunded to Customer. Alternatively, Registrar can offer maintaining the status of the transaction provided Customer pays the difference between the standard fee and the Premium Price.

  3. In case a Registry changes a designation of a registered or requested domain name to Premium status, Registrar will inform Customer about such changes.

  4. Transactions affecting Premium Domain Names that require a fee will only be performed after the applicable fee is received in full.

2b. Aftermarket Domain Names

  1. Registrar may provide services regarding the sale and purchase of domain names listed on aftermarket platforms. Such domain names may be listed either at fixed prices or with an invitation to make an offer during the domain search or on lists.

  2. Customer acknowledges that aftermarket domain names are domain names already registered by third parties and that a Registrar transfer and the agreement of the current owner may be required prior to a domain name being available for use in the Customer account.

  3. By making an offer to buy or by purchasing at a fixed price Customer authorizes Registrar to charge the appropriate amount in the Customer account.

  4. Registrar cannot guarantee that an aftermarket domain name is still available at the time payment is received, that no higher offer is received or that the seller is authorized to dispose of the domain name. Customer agrees that Registrar may cancel orders that cannot be completed at the conditions of the order and may refund the payment as credit to the Customer account. Registrar is further authorized to retroactively cancel wrongful transfers.

  5. Customer agrees to update the domain name ownership and other contact details immediately after being notified of the completion of a transaction.

  6. In case of a charge back or other form of non-payment of a purchase price by Customer, Registrar is authorized to return the domain name to the sales provider or to assume ownership of the domain name.

  7. Where Customer offers self-owned domain names on aftermarket platforms through Registrars\' interface, Registrar is only responsible for the transmission of the placement request to the aftermarket provider. When placing a domain name on an aftermarket platform, Customer expressly authorizes Registrar to transfer the domain name to a new owner or agree to the transfer to another registrar when Registrar is requested to do so by the operator of the aftermarket platform. This authorization expires 60 days after the placement of the domain name and automatically renews for further 60-day terms upon expiration.

3. Domain Owner Data

  1. The Customer is committed to provide Registrar with the following information and registration data for the purpose of documenting ownership and other authorizations, forwarding to the registry (if applicable) and possibly for the purpose of publishing in the public database of registered domain names. This processing occurs in full compliance with our privacy policy and applicable law. By providing or changing this data in the online interface, Customer assures that this information is correct, complete and truthful. This concerns in particular:

    a. Current and complete information about the full name or name of a legal person, mailing address, e-mail address, voice telephone number;

    b. The IP address of the domain name server (primary and secondary server) and the name of these servers;

    c. The full name, postal address, e-mail address, voice telephone number of the administrative contact, the technical contact and the billing contact.

  2. The necessary information and data may vary depending on the TLD. Depending on registry requirements or a registry, additional or less information may be required. As far as more data is required, this data must be provided during the registration process or alternatively delivered upon request by Registrar.

  3. The information and data have to be updated, when necessary, incomplete data must be completed. Customer acknowledges that the provision of incorrect, outdated or incomplete data can directly lead to loss of rights from the service without refund. This also applies if Customer does not comply with any request of Registrar to correct the data or provide proof of its accuracy within a timely manner.

  4. An update of the registered name holder data may trigger a temporary lock against transfer requests for the affected domain names. Where policy allows, Registrar may -- but is not required to -- offer an opt-out from this lock.

  5. By providing data of a third party, Customer confirms that he has informed the third party about the provision and use of the data in the context of our privacy policy and that the third party has expressly agreed with this provision and use and is aware of these terms.

  6. For the use of services intended to protect the privacy of data the policies and terms of the service provider apply. The same applies for trustee and local presence services.

4. Renewals of Registration

  1. Renewals of registration are possible for 1 to 10 years depending on the domain name, provided the maximum registration term is not exceeded.

  2. A contract for the registration and administration of a domain name shall be renewed automatically for another 12-month term at the end of the registration period if it is not terminated with a notice period of three months prior to the date of expiry, unless agreed otherwise.

  3. For renewals the price list at the renewal date is applicable. The Customer acknowledges that renewal and transfer fees may change on a short notice and agreed to verify the current price prior to any order and any requested automatic renewal. As reasonably possible, Registrar will inform Customer about changes to the current fees in its newsletter. Registrar is authorized to cancel or modify orders if a price change occurs between the date of the order and the fulfilment date.

  4. Customer will be informed by e-mail of his obligation to pay for the renewal in accordance with the provisions of ICANN or the respective registry in time before the end of the registration period. If Customer does not terminate the contract on time and Customer has either identified his payment method to be credit card or bank debit and entered current and valid payment details, then Registrar will automatically attempt to charge the due amount 10 days prior to the expiration date and the contract will be renewed accordingly. Customer is solely responsible for ensuring the timely receipt of the applicable fees or for the functionality of the chosen payment.

5. Termination of the Management

  1. In case the fee for a renewal of a registered domain name is not received 3 days before the expiry of the contract period, Customer loses his rights to the domain name. The same applies in the event of a charge back of a payment for a domain name or the selected payment method fails.

  2. In the case of domain names cancelled by the Customer, of domain names not extended at the time of expiry despite of a reminder of the pending expiration, or non-payment of renewal fees, Registrar is authorized to deactivate this domain name at its own discretion or to change the DNS entries (\"deactivation\"), to return it to the Registry for the purpose of deletion or continued management at the registry (\"deletion\") or to dispose, to auction, to transfer to third parties, to take over in his own continuance (\"utilization\"). Registrar will begin to undertake such actions no earlier than 14 days after the expiration of domain names with a Renewal Grace Period, or upon expiration of domain names without such a period. Customer agrees that the termination or non-renewal of the domain name or non- payment of due renewal fees shall constitute his consent to the actions described above as well as a renewal of the domain name to the extent necessary for their undertaking provided that Customer does not contradict expressly before the term end and no agreement to the contrary exists.

  3. After the utilization of a domain names Registrar may in its own discretion to provide Customer with a share of the net proceeds of the utilization. The share will be credited to the customer account. For the purposes of this segment \"net proceeds\" shall mean the proceeds which the Registrar receives from another party or a third supplier as a result of the utilization, minus the costs linked to the utilization borne by Registrar. The customer agrees that no legal claim exists to any part of the net proceeds. Also Registrar makes no guarantee for the fact that any utilization will result in any net proceeds.

  4. Regardless of the regulations here and in the general terms and conditions both sides can terminate the agreement for important reason.

    a. An important reason for Registrar exists in particular when Customer

    i.  is in delay of submitting the fee in the height of the
    monthly fee for a contract which has a minimum duration or
    for a contract where a certain duration time period has been
    agreed upon;

ii. is in more than 20 calendar-days delay of submitting the
    payment for a contract which has an undefined length;

iii. culpably violates duties of the contract, against ICANN or
     the registry policies or these registration terms,
     particularly by provision of false registration data;

iv. violates laws, rules or good morals with the content made
    available through the domain name or with the domain name
    itself, and despite warning and within reasonable time does
    not modify such content in such a way that they meet the
    requirements regulated herein, or

v.  acts contrary to terms and conditions of the registration or
    the registration policies.

    b. Another important reason exists, if

    i.  the accreditation of Registrar ends for a top-level domain
    under which the domain name is registered, and the Registrar
    cannot guarantee to continue the registration under the same
    conditions as well as when the registry terminates the
    operation of the top-level domain.

    c. In these cases, Customer loses all rights to the affected domain name(s).

  5. Customer may request transfers of his domain name to another provider. Registrar may refuse such a transfer request, subject to the conditions set by the registry or ICANN reasons for refusals of transfers. A transfer within 60 days of registration or a prior transfer or owner change is prohibited unless such transactions are expressly allowed by the registry.

6. Recovery and Reactivation of Domain Names

  1. If and as far as a registration authority permits the recovery (\"Restore\") of previously deleted domain names or domain names returned to the registry in certain TLDs and provided Registrar offers that service in the respective TLD, this service will be provided subject to change without notice at the request of the registered domain holder and with no guarantee of a successful Restore. The prices for this operation are defined in the price list and do not include renewal fees. A Restore can only be performed when the account has a sufficient balance for the operation and the domain name has been previously deleted. A Restore request can only be processed if it is received in time prior to the final deletion by the registry. In case a Restore cannot be executed the appropriate fees will be refunded to Customer\'s account.

  2. As far as Registrar offers the reactivation of a deactivated domain name before a utilization, Customer agrees to pay the reactivation fees plus the cost of renewal for such orders.

7. Domain Dispute Policy

  1. Customer agrees to resolve and settle any domain name dispute according to the Dispute Resolution Policies of the respective registry or ICANN, if applicable. These policies can be reviewed on the website of Registrar or on the website of the respective registry, or ICANN. Customer will inform himself about the applicable Dispute Resolution Policy before initiating a registration request. The language of the arbitration rules may be different from the language of the agreement and can be written in the local language of the registry.

  2. Customer accepts that Registrar as an accredited registrar may be bound to lock or cancel a domain or to transfer it to a third party in accordance with any decision of an Administrative Panel in accordance with the applicable dispute resolution policy unless Customer provides evidence to Registrar within ten days after an Administrative Panel's decision that he has commenced a lawsuit against the complainant regarding the panel decision in a court of mutual jurisdiction.

  3. For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder\'s domicile and (2) the legal domicile of Registrar.

  4. During a pending administrative proceeding or during a period of 15 days after such proceeding is concluded or during a pending court proceeding or arbitration commenced regarding the domain name, Customer may not transfer the domain name registration to a third party unless the third party agrees, in writing, to be bound by the decision of the court or arbitrator.

8. Special Liability

  1. As a condition of Customer's access and his use of the services of Registrar, Customer agrees to defend, indemnify, save and hold harmless Registrar, agents, partners, ICANN, the central registry as well as all persons involved in rendering of the service in respect to all claims, demands, liabilities, costs and/or expenses resulting from an illegal use of the service, of the domain name registered by Customer or the content provided on a registered domain. In the event of a claim, Customer has the right to prove Registrar, that claims in the context of the indemnity have not occurred in the extent demanded or not at all, and / or Customer is not responsible.

  2. Neither Registrar, agents, partners, ICANN, the central registry nor any person involved in the rendering of the service will be liable to Customer or any third party for any direct or indirect loss of profits, earnings or business opportunities, damages, expense, or costs resulting directly or indirectly from any failure to perform any obligation or provide service hereunder because of any Force Majeure, or governmental acts or directives, strikes, riot or civil commotion, war, any natural disaster, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force or condition beyond Registrars reasonable control.

  3. Registrar cannot be held liable for delays of services and server down times due to higher force, fault of third parties or due to events, which Registrar has no influence on, any agreed-upon deadlines and delivery dates non withstanding. Registrar may delay the provision of service and/or performance by the duration of the respective disruption plus an appropriate starting time. Furthermore, Registrar can limit access to the service, if the stability and security of the operation, the maintenance of the net integrity, particularly the avoidance of serious disturbances of the network, the software or stored data requires it. Registrar is not obligated to review or monitor the use of the service by Customer to ensure their legality.

  4. For all services of IWMN ́ liability will be limited to intent and gross negligence if and as much as it is legally permitted. In case of paid services liability is limited by KS with negligence and rough negligence to the amount of the payment which can be paid in each case from the Customer for the respective achievement and/or achievement period. For free and ancillary services, the liability of IWMN is limited to cases of minor negligence and to an amount of 25 NZD for each single case or 100 NZD for all cases. In any other case the liability of IWMN is limited to typically foreseeable damages. Claims for punitive or consequential damages are excluded.

  5. Customer shall compensate Registrar for any damages resulting from violations of the registration agreement, registration policies, and/or the terms and conditions and shall indemnify Registrar against all third-party claims based on the use of the services. This also includes the reimbursement of all reasonable costs of a legal defence if the Registrar or its employees was threatened with legal proceedings due to the registration or such proceeding are initiated.

  6. This includes in particular the use of a domain name by infringing a prohibition in law, the good morals as well as rights of third parties (trademark rights, name rights, copy rights, data protection rights etc.) or the active support of such violations, making available of content that of glorifies violence, inciting, racist or radical right-wing content, the instructions for criminal acts and content that are appropriate to degrade a third party or group of third parties in their human dignity (hate-pages), the unauthorized intrusion into third party computers or computer systems, the distribution of malicious software, the distribution of illegal or regulated substances without the required authorizations, the forgery, the mailing of unrequested or undesirable e-mails for advertising purposes to third parties (Spamming). Customer is obliged to comply with all legal requirements and policies with the provision of pornographic and/or erotic content.

  7. A registered domain name can be temporarily blocked or disabled if the Customer violates applicable law or this agreement in serious manner with the content made available under the domain name and Customer does not react to the request or Registrar to remove or modify the content accordingly. The same applies if such a violation is made plausible.

  8. As far as a single domain name is cancelled or transferred by Customer, or cancelled due to violation of the registration agreement, due to binding decisions in domain name disputes or due to other causes specified in these conditions, no right to request for a free replacement domain or other reimbursement exists, provided that the termination was not caused illegally by Registrar in a culpable or grossly negligent manner. This also applies to other services or additionally booked options regarding the affected domain names.

9. Data Sharing and Data Protection

  1. Registrar advises Customer in accordance with the applicable data protection regulations of the fact that within the scope of the performance of the agreement personal data is collected, stored and processed and such data may be provided to third parties involved in the performance of the agreement. This also may include the provision of the data in freely accessible domain name registration databases. The registered name holder is hereby informed about the handling and processing of this data by Registrar and third parties involved in the provision of the service. Further information on the specific acts of processing and their underlying legitimacy is included in the privacy policies of Registrar that are hereby incorporated into this agreement.

  2. Customer agrees that Registrar is authorized to process and use Customer\'s data to improve the range of offered services according to the needs of its Customer.

  3. Customer agrees that Registrar is authorized to permanently store the data required for billing purposes in accordance with legal provisions.

  4. In the event of police or other government requests, Customer agrees that Registrar is authorized to transmit the data to such authorized requesting parties. The same applies to the transmission to third parties where they made plausible claims of violations of their rights.

  5. Customer has the right to request information on his stored personal data at any time without charge.

  6. Customer agrees that Registrar may send newsletters to his e-mail address for informational or marketing purposes. This consent may be revoked at any time.

ICANN, gTLD And ccTLD Policies

gTLD General Policies (.COM, .NET, .ORG, .BIZ, .INFO, .NAME)

By registering any gTLD governed by the International Corporation for Assigned Names and Numbers (ICANN) you understand and agree to abide with the following policies that govern all gTLDs at iwantmyname.

The following ccTLDs have limitations on when you can renew a domain, it is not possible to renew a domain after the time limits listed. Domains set to auto-renewal cannot be deleted without refund after this time limit.

  • All .AE, .AF, .AI, .AM, .AU, .BI, .BIZ.PL, .CL, .CM, .CO.CM, .CO.ZA, .COM.AF, .COM.AI, .COM.AU, .COM.BR, .COM.CM, .COM.HN, .COM.NF, .COM.PE, .COM.PH, .COM.PL, .COM.PT, .COM.SG, .CX, .CZ, .DURBAN, .EC, .EDU.PL, .EE, .FI, .GS, .GY, .HN, .HT, .IM, .INFO.PL, .IS, .JOBURG, .KR, .LU, .LV, .MD, .MS, .MU, .NET.AU, .NET.BR, .NET.CM, .NET.PE, .NET.PL, .NO, .ORG.PL, .PE, .PH, .PL, .PT, .SG, .SK, .TC, .TL, .TM domains must be renewed 4 days prior to the expiration date. There is no grace period for deleting.

  • All .AFRICA.COM, .AT, .CO.AT, .LT, .RO, .RU, .SI, .SU, .TK domains must be renewed 5 days prior to the expiration date. There is no grace period for deleting.

  • All .BE, .CH, .CLUB.TW, .CN, .COM.CN, .COM.PK, .COM.TW, .DE, .EBIZ.TW, .EU, .HK.CN, .LI, .MG, .NET.CN, .NET.PK, .NL, .ORG.CN, .ORG.PK, .PK, .SH.CN, .TW, .TW.CN, .ею, .中国, .ευ domains must be renewed 3 days prior to the expiration date. There is no grace period for deleting.

  • All .CF, .ML domains must be renewed 8 days prior to the expiration date. There is no grace period for deleting.

  • All .CO.IL, .ORG.IL, .UZ domains must be renewed 16 days prior to the expiration date. There is no grace period for deleting.

  • All .COM.AR, .COM.TR, .LTD.UK domains must be renewed 23 days prior to the expiration date. There is no grace period for deleting.

  • All .COM.ES, .ES, .ORG.ES, .PS domains must be renewed 9 days prior to the expiration date. There is no grace period for deleting.

  • All .COM.VN, .GA, .VN domains must be renewed 10 days prior to the expiration date. There is no grace period for deleting.

  • All .DK domains must be renewed 34 days prior to the expiration date. There is no grace period for deleting.

  • All .ETH domains must be renewed 2 days prior to the expiration date. There is no grace period for deleting.

  • All .GR, .HK, .HU domains must be renewed 11 days prior to the expiration date. There is no grace period for deleting.

  • All .JP domains must be renewed 18 days prior to the expiration date. There is no grace period for deleting.

  • All .рус domains must be renewed 32 days prior to the expiration date. There is no grace period for deleting.

ADDITIONAL REGISTRY REQUIREMENTS

Public Registration Data Privacy Policies

IWMN may resell the services of Public Registration Data Privacy Service Providers to natural persons desiring the privacy of their personal information. The below agreement applies to all such services made available through or by IWMN:

Introduction

  1. THE PRIVACY SERVICE PROVIDER protects the privacy of domain name registrants by providing privacy registration services (\"Services\") for new and existing domain name registrations, if the registrant owner (\"Subscriber\") on a domain name (\"Registered Name\") elects to use the name of THE PRIVACY SERVICE PROVIDER for the public WHOIS data, through any cooperating registration service provider (\"Registrar\").

  2. This Agreement governs the terms and conditions upon which the Services are provided to Subscribers through cooperating Registrars of the Services.

  3. THE PRIVACY SERVICE PROVIDER reserves the right to amend the terms and conditions contained in this Agreement at any time without further notice to its Subscribers or Registrars by posting the new Agreement in its website and becomes effective immediately upon such posting.

  4. Subscribers using and Registrars selling the THE PRIVACY SERVICE PROVIDER Service, acknowledge that they have read, understood, and agree to be bound by the terms and conditions of this Agreement (as amended from time to time) as well as any other policies list on the Website.

  5. Subscribers agree to comply at all times with the rules and policies adopted by the Internet Corporation for Assigned Names and Numbers (\"ICANN\") including the Uniform Domain Name Dispute Resolution Policy (\"UDRP\") and the terms, conditions and policies imposed by their respective Registrar of the Registered Name.

  6. Subscribers and Registrars acknowledge and agree that THE PRIVACY SERVICE PROVIDER may in its sole and absolute discretion, suspend, cancel, or modify the Services or use of the Services at any time in accordance with clause 6 of this Agreement, without notice.

Service Description

  1. Subscribers of the Services can choose to have the following contact data show in the public whois information for a Registered Name:

    a. THE PRIVACY SERVICE PROVIDERs name, postal address, and telephone number for any or all contacts for a Registered Name;

    b. THE PRIVACY SERVICE PROVIDERs name, postal address, telephone number and e-mail address for any or all contacts for a Registered Name;

Warranties and Obligations

  1. The Subscriber must provide accurate and reliable contact details upon registration of Registered Name through cooperating Registrar.

  2. The Subscriber warrants the accuracy of this information and agrees to promptly correct and update contact details during the term of subscription of Service for a Registered Name, including:

    a. full name, postal address, e-mail address, voice telephone number, and fax number (if available); the name of the authorized person for contact purposes in case Subscriber is an organization, association, or corporation for the registrant, admin, billing and technical contacts for a Registered Name;

    b. the names of the primary and secondary nameservers for the Registered Name;

  3. The Subscriber further agrees that all actual registration information will be maintained in a database by the cooperating Registrar and escrowed by a third-party provider (only applies to gTLDs).

  4. Subscribers providing inaccurate or unreliable information or failing to promptly update information with cooperating Registrar shall constitute a material breach of this Agreement and is a basis for termination of this Agreement.

  5. The Registrar shall keep this information confidential, subject to section 5 of this agreement. In case of the use of inaccurate, fake or outdated information provided by the Subscriber, the Registrar is entitled to take all necessary actions to avoid legal or financial liability, including, but not limited to the deletion of the domain name or the deactivation of the Service. >

Rights of Subscribers

  1. In accordance with clause 5 of this Agreement, Subscribers retain the benefits attributed to a registrant of a Registered Name, including the right to sell, transfer or assign the Registered Name, the right to renew or cancel and the right to designate the primary and secondary name servers.

  2. Subscribers retain full control and ownership over and remain the legally responsible owner of the Registered Name including maintaining full liability for the registration and use of a Registered Name and agrees to release, defend, indemnify and hold harmless WHOISTRUSTEE, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers, and employees, as well as the respective Registrar from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney\'s fees, arising out of or related in any way to the domain registration itself, the Services provided and/or the Subscriber\'s use of the Registered Name.

  3. Subscribers may choose to cancel their subscription of the Services and immediately become official registrant of the Registered Name. The personal information that is provided pursuant to clause 3 will then be used in the publicly available WHOIS.

Rights of THE PRIVACY SERVICE PROVIDER

  1. THE PRIVACY SERVICE PROVIDER has the right at its sole discretion to suspend, cancel or modify the Service or to cancel the subscription of the Service at any time

  2. THE PRIVACY SERVICE PROVIDER has the right to disclose the identity and other Personal Information, as well as, terminate or suspend Service for the following reasons, but are not limited to:

    a. failure to pay for the Service on time;

    b. required by law enforcement, government, or court ruling, requirement, regulation, or order;

    c. required by any of ICANN\'s standards, policies, procedures or practices, including the UDRP;

    d. required by ccTLD registry standards, policies, procedures or practices, including the respective registry\'s UDRP policy;

    e. to comply with any legal process served upon THE PRIVACY SERVICE PROVIDER;

    f. receipt of a legal complaint regarding the use, content or registration of a Registered Name;

    g. receipt of a formal request from an alternative dispute service provider;

    h. receipt of a third-party complaint of illegal or morally objectionable use of the domain name engaged with transmitting SPAM, viruses, worms or other harmful computer programs;

    i. receipt of allegation of use of the service to conceal involvement with illegal, illicit, objectionable or harmful activities;

    j. receipt of allegation that the registration violates or infringes upon the legal rights of a third party, or any third-party trademark or trade name;

    k. that disclosure is necessary to further determine an allegation of breaching a law;

    l. deletion of a Registered Name;

    m. If necessary to avoid any financial loss or legal liability (whether civil or criminal) on the part of THE PRIVACY SERVICE PROVIDER or any of its related companies and their directors, officers and employees from any and all third-party claims; or

    n. If deemed necessary at the sole discretion of WHOISTRUSTEE.

  3. THE PRIVACY SERVICE PROVIDER may resolve any and all third-party claims, whether threatened or made, arising out of the registration or the use of the Registered Name.

  4. The suspension or termination of the Service for any reason will immediately disclose the Subscribers registrant information pursuant to clause 3 of this Agreement.

Forwarding Communications

  1. THE PRIVACY SERVICE PROVIDER has the right at its sole discretion to suspend, cancel or modify the Service or to cancel the subscription of the Service at any time

  2. Subscriber agrees and authorizes THE PRIVACY SERVICE PROVIDER to receive, read, or listen to all communications intended for the registrant, admin, billing, technical contact of a Registered Name under subscription of the Services.

  3. Subscriber hereby waives any and all claims arising from the failure to receive communications directed at a Registered Name under subscription of Services and hereby authorize THE PRIVACY SERVICE PROVIDER to reasonably determine and delete (without forwarding to the Subscriber) those emails that are unsolicited or spam in nature.

  4. THE PRIVACY SERVICE PROVIDER is not obligated to contact the subscriber via alternative methods should the Subscribers contacts become non-functional, for instance an expired email address.

  5. The Subscriber agrees to waive any and all claims arising from his failure to receive communications directed at a Registered Name under subscription of Service.

No Warranty

To the fullest extent permitted by law, THE PRIVACY SERVICE PROVIDER disclaims all warranties, whether express or implied, regarding the Services, including but not limited to merchantability and fitness for purpose. To the extent that such warranties cannot be disclaimed, Subscriber agrees that the liability of THE PRIVACY SERVICE PROVIDER shall be limited to the re-supply of the Services.

Limitation of Liability

To the greatest extent permitted by law, THE PRIVACY SERVICE PROVIDER and its related companies and their directors, officers, employees and agents, shall have no responsibility and shall not be liable to the Subscriber for any and all direct, indirect, incidental, special, exemplary, or consequential loss or damage, whether caused by breach of contract, breach of statutory duty, tort (including but not limited to negligence, conversion or trespass to chattels), willful acts or omissions, strict liability, the unauthorized or illegal activity of a third party, or otherwise, that arises out of or in connection with the provision or use of the Services, including disclosure of identify or other Personal Information.

Indemnity

Subscriber agree to indemnify, keep indemnified and forever hold harmless, THE PRIVACY SERVICE PROVIDER and its related companies, their 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 in connection with the use of the Services or registration or use of the Registered Name.

Term

  1. Either party may terminate this Agreement by giving notice to the other party.

  2. This Agreement will automatically terminate if the Registrar ceases to be the registrar of a Registered Name.

Survival

Clauses 3, 7, 8, and 9 shall survive the termination or expiration of this Agreement.

Severability

The terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, it shall be severed from this Agreement and shall not affect the interpretation or operation of the remaining terms or provisions, which shall remain in full force and effect.

Entire Agreement

This Agreement constitutes the entire agreement between Subscriber and THE PRIVACY SERVICE PROVIDER regarding the provision of the Services and supersedes all prior agreements and understandings, whether established by custom, practice, policy, or precedent.

Governing Law

This Agreement is governed in all respects by and construed in accordance with the laws of the seat of the Privacy Service Provider, and Subscriber submits to the non-exclusive jurisdiction (without prejudice to other potentially applicable jurisdictions) of the Courts of the seat of the Privacy Service Provider.

Relationship

Nothing in this Agreement shall be construed as creating the relationship of agency, partnership or joint venture between the parties.

Force Majeure

Neither party will be in default or otherwise liable for any delay or failure in its performance under this Agreement where such delay or failure arises by reason of an Act of God, any government or governmental body, acts of war, the elements, strikes or labor disputes, power or system failures, failure of the Internet, computer hacking, or other causes beyond the reasonable control of such party.

Waiver

Failure by THE PRIVACY SERVICE PROVIDER to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision and does not affect the right to require any provision to be performed at any time thereafter.

Notices

  1. All notices required to be sent to the Privacy Service Provider under this Agreement shall be sent via e-mail to the email addresses listed below:

    a. For general enquiries, please use: [email protected]

    b. For abuse complaints, please use: [email protected]

  2. All notices required to be sent to the Registrant shall be sent via e-mail to the email address provided by the Registrant in the Registration Data.

  3. Any notice sent shall be deemed to have been received at the time and date logged by the sender\'s email server of confirmation of delivery of the email message to the recipient\'s email server.

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