Common use of Termination of the management Clause in Contracts

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 canceled 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 is given in particular when Customer - 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; - is in more than 20 calendar-days delay of submitting the payment for a contract which has an undefined length; - culpably violates duties of the contract, against ICANN or the registry policies or these registration terms, particularly by provision of false registration data; - 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 - acts contrary to terms and conditions of the registration or the registration policies. b) Another important reason exists, if - the accreditation of Registrar ends for a top-level domain under which the domain name is registered and the Registrar can not 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. 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.

Appears in 4 contracts

Samples: Registration Agreement, Registration Agreement, Registration Agreement

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Termination of the management. 1. In case If 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 chargeback of a payment for a domain name or a functionality failure of the selected payment method failsmethod. 2. In the case of domain names canceled cancelled by the Customercustomer, 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 Registrar/Reseller is authorized to deactivate this domain name at its own discretion or to change the DNS DNA 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 Registrar/Reseller 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- 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 contrary agreement to the contrary exists. 3. After the utilization of a domain names Registrar Registrar/Reseller may in its own discretion to provide Customer with a share of the net proceeds of the utilization. The share net proceeds will be credited to the customer account. For the purposes of this segment "net proceeds" shall mean the proceeds which the Registrar Registrar/Reseller receives from another party or a third supplier as a result of the utilization, minus the costs linked to the utilization borne by Registrar/Reseller. The customer agrees that no legal claim exists to any part of the net proceeds. Also Registrar Registrar/Reseller 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) a. An important reason for Registrar Registrar/Reseller is given in particular when Customer - 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; - is in more than 20 calendar-days delay of submitting the payment for a contract which has an undefined length; - culpably violates duties of the contract, against ICANN or the registry policies Registry Policy or these registration termsterms and conditions, particularly by provision of false registration data; - violates laws, rules or good morals with the content made available through offered on the domain name or with the domain name itself, and despite warning and within reasonable time does not modify such content the contents in such a way that they meet the requirements regulated hereinin the terms and conditions within reasonable time, or - acts contrary to the terms and conditions of the registration or Registration and the registration policies. b) b. Another important reason exists, if - the accreditation of Registrar Registrar/Reseller ends for a top-top level domain under which the domain name is registered and the Registrar can Registrar/Reseller cannot guarantee to continue the registration under the same conditions as well as when the registry terminates the operation of the top-level domainconditions. c) c. In these cases Customer loses all rights. 5. Customer may request transfers of his is entitled to transfer the domain name to another provider. Registrar Registrar/Reseller may refuse such a transfer requesttransfer, 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 is prohibited. If and as far as a registration authority permits the recovery ("Restore") of previously deleted domain names or owner change is prohibited unless such transactions are expressly allowed domain names returned to the registry in certain TLDs and provided Registrar/Reseller offers that service in the respective TLD, this service will be provided at the request of the registered domain holder without obligation and with no guarantee of a successful recovery. The prices for this operation result from the price list. A recovery can only be performed when the account has a sufficient balance for the operation. A restore job can also only be processed if it arrives during business hours and with sufficient time prior to the final deletion by the registry.. Should a restore action fail to be executed, the appropriate fees shall be refunded to Customer's account. As far as Registrar/Reseller offers the reactivation of a deactivated domain name before utilization, Customer agrees to pay the reactivation fees plus the cost of renewal for such orders. 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/Reseller 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. Customer accepts that Registrar as an accredited Registrar/Reseller 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 within ten days after an Administrative Panel`s decision, that he has commenced a lawsuit against the complainant regarding the right to use the disputed domain name in a Mutual Jurisdiction. 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

Appears in 2 contracts

Samples: Domain Registration Agreement, Domain Registration Agreement

Termination of the management. 1. In case If 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 chargeback of a payment for a domain name or a functionality failure of the selected payment method failsmethod. 2. In the case of domain names canceled cancelled by the Customercustomer, 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 Registrar/Reseller is authorized to deactivate this domain name at its own discretion or to change the DNS DNA 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 Registrar/Reseller 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- 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 contrary agreement to the contrary exists. 3. After the utilization of a domain names Registrar Registrar/Reseller may in its own discretion to provide Customer with a share of the net proceeds of the utilization. The share net proceeds will be credited to the customer account. For the purposes of this segment "net proceeds" shall mean the proceeds which the Registrar Registrar/Reseller receives from another party or a third supplier as a result of the utilization, minus the costs linked to the utilization borne by Registrar/Reseller. The customer agrees that no legal claim exists to any part of the net proceeds. Also Registrar Registrar/Reseller 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) a. An important reason for Registrar Registrar/Reseller is given in particular when Customer - 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; - is in more than 20 calendar-days delay of submitting the payment for a contract which has an undefined length; - culpably violates duties of the contract, against ICANN or the registry policies Registry Policy or these registration termsterms and conditions, particularly by provision of false registration data; - violates laws, rules or good morals with the content made available through offered on the domain name or with the domain name itself, and despite warning and within reasonable time does not modify such content the contents in such a way that they meet the requirements regulated herein, or - acts contrary to in the terms and conditions of the registration or the registration policies.within reasonable time, or b) b. Another important reason exists, if - the accreditation of Registrar Registrar/Reseller ends for a top-top level domain under which the domain name is registered and the Registrar can Registrar/Reseller cannot guarantee to continue the registration under the same conditions as well as when the registry terminates the operation of the top-level domainconditions. c) c. In these cases Customer loses all rights. 5. Customer may request transfers of his is entitled to transfer the domain name to another provider. Registrar Registrar/Reseller may refuse such a transfer requesttransfer, 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 is prohibited. Recovery and reactivation of domain names If and as far as a registration authority permits the recovery ("Restore") of previously deleted domain names or owner change is prohibited unless such transactions are expressly allowed domain names returned to the registry in certain TLDs and provided Registrar/Reseller offers that service in the respective TLD, this service will be provided at the request of the registered domain holder without obligation and with no guarantee of a successful recovery. The prices for this operation result from the price list. A recovery can only be performed when the account has a sufficient balance for the operation. A restore job can also only be processed if it arrives during business hours and with sufficient time prior to the final deletion by the registry. Should a restore action fail to be executed, the appropriate fees shall be refunded to Customer's account. As far as Registrar/Reseller offers the reactivation of a deactivated domain name before utilization, Customer agrees to pay the reactivation fees plus the cost of renewal for such orders. Domain dispute policy 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/Reseller 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. Customer accepts that Registrar as an accredited Registrar/Reseller 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 within ten days after an Administrative Panel`s decision, that he has commenced a lawsuit against the complainant regarding the right to use the disputed domain name in a Mutual Jurisdiction. 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/Reseller. 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.

Appears in 2 contracts

Samples: International Domain Registration Agreement, International Domain Registration Agreement

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 canceled 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- 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) a. An important reason for Registrar is given in particular when Customer - § 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; - § is in more than 20 calendar-days delay of submitting the payment for a contract which has an undefined length; - § culpably violates duties of the contract, against ICANN or the registry policies or these registration terms, particularly by provision of false registration data; - § 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 - § acts contrary to terms and conditions of the registration or the registration policies. b) b. Another important reason exists, if - § the accreditation of Registrar ends for a top-level domain under which the domain name is registered and the Registrar can not guarantee to continue the registration under the same conditions as well as when the registry terminates the operation of the top-level domain. c) c. In these cases Customer loses all rights. 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.

Appears in 1 contract

Samples: Registration Agreement

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Termination of the management. 1. In case If 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 chargeback of a payment for a domain name or a functionality failure of the selected payment method failsmethod. 2. In the case of domain names canceled cancelled by the Customercustomer, 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 DNA 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 ("utilizationutilisation"). 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- 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 contrary agreement to the contrary exists. 3. After the utilization utilisation of a domain names Registrar may in its own discretion to provide Customer with a share of the net proceeds of the utilizationutilisation. The share net proceeds 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 utilizationutilisation, 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 is given in particular when Customer - is in delay of submitting the fee in the height of the monthly fee for a contract which has a minimum min- imum duration or for a contract where a certain duration time period has been agreed upon; - is in more than 20 calendar-days delay of submitting the payment for a contract which has an undefined length; - culpably violates duties of the contract, against ICANN or the registry policies Registry Policy or these registration termsterms and condi- tions, particularly by provision of false registration data; - violates laws, rules or good morals with the content made available through offered on the domain name or with the domain name itself, and despite warning and within reasonable time does not modify such content the contents in such a way that they meet the requirements require- ments regulated hereinin the terms and conditions within reasonable time, or - acts contrary to the terms and conditions of the registration or Registration and the registration policies. b) Another important reason reason exists, if - the accreditation of Registrar ends for a top-top level domain under which the domain name is registered re- gistered and the Registrar can not guarantee to continue the registration under the same conditions as well as when the registry terminates the operation of the top-level domaincondi - tions. c) In these cases Customer loses all rights. 5. Customer may request transfers of his is entitled to transfer the domain name to another provider. Registrar may refuse such a transfer requesttransfer, 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 registryprohibited.

Appears in 1 contract

Samples: Registration Agreement

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