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Rechtliches
Domain Name Standard Terms and Conditions
The Domain Name Standard Terms and Conditions can
be view as an Adobe Acrobat PDF.
Click
here to view the CSC Domain Name Standard
Terms and Conditions
Uniform Domain Name Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999 and implemented
by CSC Corporate Domains, Inc. on December 1, 1999)
- Purpose
This Uniform Domain Name Dispute Resolution Policy
(the "Policy") has been adopted by the Internet Corporation
for Assigned Names and Numbers ("ICANN"), is incorporated
by reference into your Registration Agreement, and
sets forth the terms and conditions in connection
with a dispute between you and any party other than
us (the registrar) over the registration and use
of an Internet domain name registered by you. Proceedings
under Paragraph 4 of this Policy will be conducted
according to the Rules for Uniform Domain Name Dispute
Resolution Policy (the "Rules of Procedure"), which
are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm,
and the selected administrative-dispute-resolution
service provider's supplemental rules.
- Your Representations
By applying to register a domain name, or by asking
us to maintain or renew a domain name registration,
you hereby represent and warrant to us that (a) the
statements that you made in your Registration Agreement
are complete and accurate; (b) to your knowledge,
the registration of the domain name will not infringe
upon or otherwise violate the rights of any third
party; (c) you are not registering the domain name
for an unlawful purpose; and (d) you will not knowingly
use the domain name in violation of any applicable
laws or regulations. It is your responsibility to
determine whether your domain name registration infringes
or violates someone else's rights.
- Cancellations, Transfers, and Changes
We will cancel, transfer or otherwise make changes
to domain name registrations under the following
circumstances:
- subject to the provisions of Paragraph 8, our
receipt of written or appropriate electronic instructions
from you or your authorized agent to take such
action;
- our receipt of an order from a court or arbitral
tribunal, in each case of competent jurisdiction,
requiring such action; and/or
- our receipt of a decision of an Administrative
Panel requiring such action in any administrative
proceeding to which you were a party and which
was conducted under this Policy or a later version
of this Policy adopted by ICANN. (See Paragraph
4(i) and (k) below.) We may also cancel, transfer
or otherwise make changes to a domain name registration
in accordance with the terms of your Registration
Agreement or other legal requirements.
- Mandatory Administrative Proceeding
This Paragraph sets forth the type of disputes for
which you are required to submit to a mandatory administrative
proceeding. These proceedings will be conducted before
one of the administrative-dispute-resolution service
providers listed at http://www.icann.org/udrp/approved-providers.htm (each,
a "Provider").
- Applicable Disputes
You are required to submit to a mandatory
administrative proceeding in the event that a third
party (a "complainant") asserts to the applicable
Provider, in compliance with the Rules of Procedure,
that (i) your domain name is identical or confusingly
similar to a trademark or service mark in which the
complainant has rights; and (ii) you have no rights
or legitimate interests in respect of the domain
name; and (iii) your domain name has been registered
and is being used in bad faith. In the administrative
proceeding, the complainant must prove that each
of these three elements are present.
- Evidence of Registration and Use in Bad
Faith
For the purposes of Paragraph 4(a)(iii), the following
circumstances, in particular but without limitation,
if found by the Panel to be present, shall be evidence
of the registration and use of a domain name in bad
faith: (i) circumstances indicating that you have
registered or you have acquired the domain name primarily
for the purpose of selling, renting, or otherwise
transferring the domain name registration to the
complainant who is the owner of the trademark or
service mark or to a competitor of that complainant,
for valuable consideration in excess of your documented
out-of-pocket costs directly related to the domain
name; or (ii) you have registered the domain name
in order to prevent the owner of the trademark or
service mark from reflecting the mark in a corresponding
domain name, provided that you have engaged in a
pattern of such conduct; or (iii) you have registered
the domain name primarily for the purpose of disrupting
the business of a competitor; or (iv) by using the
domain name, you have intentionally attempted to
attract, for commercial gain, Internet users to your
web site or other online location, by creating a
likelihood of confusion with the complainant's mark
as to the source, sponsorship, affiliation, or endorsement
of your web site or location or of a product or service
on your web site or location.
- How to Demonstrate Your Rights to and Legitimate
Interests in the Domain Name in Responding to a
Complaint
When you receive a complaint, you should
refer to Paragraph 5 of the Rules of Procedure in
determining how your response should be prepared.
Any of the following circumstances, in particular
but without limitation, if found by the Panel to
be proved based on its evaluation of all evidence
presented, shall demonstrate your rights or legitimate
interests to the domain name for purposes of Paragraph
4(a)(ii): (i) before any notice to you of the dispute,
your use of, or demonstrable preparations to use,
the domain name or a name corresponding to the domain
name in connection with a bona fide offering of goods
or services; or (ii) you (as an individual, business,
or other organization) have been commonly known by
the domain name, even if you have acquired no trademark
or service mark rights; or (iii) you are making a
legitimate noncommercial or fair use of the domain
name, without intent for commercial gain to misleadingly
divert consumers or to tarnish the trademark or service
mark at issue.
- Selection of Provider
The complainant shall select the Provider from among
those approved by ICANN by submitting the complaint
to that Provider. The selected Provider will administer
the proceeding, except in cases of consolidation
as described in Paragraph 4(f).
- Initiation of Proceeding and Process and
Appointment of Administrative Panel
The Rules of Procedure state the process for initiating
and conducting a proceeding and for appointing the
panel that will decide the dispute (the "Administrative
Panel").
- Consolidation
In the event of multiple disputes between you and
a complainant, either you or the complainant may
petition to consolidate the disputes before a single
Administrative Panel. This petition shall be made
to the first Administrative Panel appointed to
hear a pending dispute between the parties. This
Administrative Panel may consolidate before it
any or all such disputes in its sole discretion,
provided that the disputes being consolidated are
governed by this Policy or a later version of this
Policy adopted by ICANN.
- Fees
All fees charged by a Provider in connection with
any dispute before an Administrative Panel pursuant
to this Policy shall be paid by the complainant,
except in cases where you elect to expand the Administrative
Panel from one to three panelists as provided in
Paragraph 5(b)(iv) of the Rules of Procedure, in
which case all fees will be split evenly by you
and the complainant.
- Our Involvement in Administrative Proceedings
We do not, and will not, participate in the administration
or conduct of any proceeding before an Administrative
Panel. In addition, we will not be liable as a
result of any decisions rendered by the Administrative
Panel.
- Remedies
The remedies available to a complainant pursuant
to any proceeding before an Administrative Panel
shall be limited to requiring the cancellation
of your domain name or the transfer of your domain
name registration to the complainant.
- Notification and Publication
The Provider shall notify us of any decision made
by an Administrative Panel with respect to a domain
name you have registered with us. All decisions
under this Policy will be published in full over
the Internet, except when an Administrative Panel
determines in an exceptional case to redact portions
of its decision.
- Availability of Court Proceedings
The mandatory administrative proceeding requirements
set forth in Paragraph 4 shall not prevent either
you or the complainant from submitting the dispute
to a court of competent jurisdiction for independent
resolution before such mandatory administrative
proceeding is commenced or after such proceeding
is concluded. If an Administrative Panel decides
that your domain name registration should be canceled
or transferred, we will wait ten (10) business
days (as observed in the location of our principal
office) after we are informed by the applicable
Provider of the Administrative Panel's decision
before implementing that decision. We will then
implement the decision unless we have received
from you during that ten (10) business day period
official documentation (such as a copy of a complaint,
file-stamped by the clerk of the court) that you
have commenced a lawsuit against the complainant
in a jurisdiction to which the complainant has
submitted under Paragraph 3(b)(xiii) of the Rules
of Procedure. (In general, that jurisdiction is
either the location of our principal office or
of your address as shown in our WHOIS database.
See Paragraphs 1 and 3(b)(xiii) of the Rules of
Procedure for details.) If we receive such documentation
within the ten (10) business day period, we will
not implement the Administrative Panel's decision,
and we will take no further action, until we receive
(i) evidence satisfactory to us of a resolution
between the parties; (ii) evidence satisfactory
to us that your lawsuit has been dismissed or withdrawn;
or (iii) a copy of an order from such court dismissing
your lawsuit or ordering that you do not have the
right to continue to use your domain name.
- All Other Disputes and Litigation
All other disputes between you and any party other
than us regarding your domain name registration
that are not brought pursuant to the mandatory
administrative proceeding provisions of Paragraph
4 shall be resolved between you and such other
party through any court, arbitration or other proceeding
that may be available.
- Our Involvement in Disputes
We will not participate in any way in any dispute
between you and any party other than us regarding
the registration and use of your domain name. You
shall not name us as a party or otherwise include
us in any such proceeding. In the event that we
are named as a party in any such proceeding, we
reserve the right to raise any and all defenses
deemed appropriate, and to take any other action
necessary to defend ourselves.
- Maintaining the Status Quo
We will not cancel, transfer, activate, deactivate,
or otherwise change the status of any domain name
registration under this Policy except as provided
in Paragraph 3 above.
- Transfers During a Dispute
- Transfers of a Domain Name to a New
Holder
You may not transfer your domain name registration
to another holder (i) during a pending administrative
proceeding brought pursuant to Paragraph 4 or
for a period of fifteen (15) business days (as
observed in the location of our principal place
of business) after such proceeding is concluded;
or (ii) during a pending court proceeding or
arbitration commenced regarding your domain name
unless the party to whom the domain name registration
is being transferred agrees, in writing, to be
bound by the decision of the court or arbitrator.
We reserve the right to cancel any transfer of
a domain name registration to another holder
that is made in violation.
- Changing Registrars
You may not transfer your domain name registration
to another registrar during a pending administrative
proceeding brought pursuant to Paragraph 4
or for a period of fifteen (15) business days
(as observed in the location of our principal
place of business) after such proceeding is
concluded. You may transfer administration
of your domain name registration to another
registrar during a pending court action or
arbitration, provided that the domain name
you have registered with us shall continue
to be subject to the proceedings commenced
against you in accordance with the terms of
this Policy. In the event that you transfer
a domain name registration to us during the
pendency of a court action or arbitration,
such dispute shall remain subject to the domain
name dispute policy of the registrar from which
the domain name registration was transferred.
- Policy Modifications
We reserve the right to modify this Policy at
any time with the permission of ICANN. We will
post our revised Policy at least thirty (30)
calendar days before it becomes effective.
Unless this Policy has already been invoked
by the submission of a complaint to a Provider,
in which event the version of the Policy in
effect at the time it was invoked will apply
to you until the dispute is over, all such
changes will be binding upon you with respect
to any domain name registration dispute, whether
the dispute arose before, on or after the effective
date of our change. In the event that you object
to a change in this Policy, your sole remedy
is to cancel your domain name registration
with us, provided that you will not be entitled
to a refund of any fees you paid to us. The
revised Policy will apply to you until you
cancel your domain name registration.
Domain Name Deletion Policy
The Domain Name Deletion Policy can be view
as an Adobe Acrobat PDF.
Click
here to view the CSC Domain Name Standard
Terms and Conditions
Corporation Service Company Legal T&C - Website
IMPORTANT-READ THESE TERMS CAREFULLY BEFORE ACCESSING
ANY MATERIAL ON THIS WEB SITE. BY ACCESSING ANY MATERIAL
ON THIS WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ
THESE TERMS OF USE (THE "AGREEMENT"), THAT YOU UNDERSTAND
THE AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ITS
TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS
OF THIS AGREEMENT, PROMPTLY EXIT THIS WEB SITE WITHOUT
ACCESSING, DOWNLOADING OR USING ANY MATERIAL.
Introduction
In this Agreement "you" and "your" refer
to each customer, "we", "us" and "our" refer
to Corporation Service Company Inc. and "Service" refers
to the services provided by us. Any and all use of Corporation
Service Company's service is subject to this Agreement,
which may be updated by us from time to time without
prior notice to you. Any change of terms shall be binding
and effective upon posting of the revised Agreement on
the Corporation Service Company web site. In addition
to this Agreement, specific services or information contained
within this web site may be subject to additional posted
terms or guidelines applicable to such services. All
such terms or guidelines are hereby incorporated by reference
into this Agreement.
Use of Service
You shall have no ownership rights in the material
contained within this web site. You shall have only the
limited right to access and use the material contained
within this Web site as set forth herein. Such right
shall continue only as long as this Agreement remains
in full force and effect. Ownership of said material
and all intellectual property rights contained therein
shall remain at all times with Corporation Service Company.
Copyright
This web site contains proprietary material that is
or may be protected by United States Copyright Law, trade
secret law, and by international treaty provisions. All
rights not granted to you herein are expressly reserved
by Corporation Service Company. No portion of the materials
obtained from or through this web site may be reprinted,
republished, redistributed, reproduced, retransmitted
or otherwise transferred in any form except for your
private or internal business use without the prior express
written permission of Corporation Service Company.
Trademark
All trademarks on this site are owned by Corporation
Service Company. Without our prior permission, you agree
not to display or use in any manner, the Corporation
Service Company trademarks.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell
or otherwise exploit for any commercial purposes, any
portion of the Service.
No Legal Representation
Corporation Service Company is a trademark research
corporation and a publisher of general information to
assist its customers in understanding United States trademark
law. WE ARE NOT A LAW FIRM AND DO NOT PROVIDE LEGAL ADVICE.
Only a lawyer can provide you with specific legal advice.
THE INFORMATION AND SERVICES CONTAINED HEREIN ARE NOT
A SUBSTITUTE FOR LEGAL ADVICE OR OTHER LEGAL SERVICES.
Modification and/or Termination of Service
Corporation Service Company reserves the right at any
time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that Corporation
Service Company shall not be liable to you or to any
third party for any modification, suspension or discontinuance
Privacy Policy
Any information we collect from you is subject to our
Privacy Policy, located at: Click
here to read this document.
Disclaimer
THIS WEB SITE, INCLUDING ANY CONTENT OR INFORMATION
CONTAINED WITHIN OR PROVIDED THROUGH IT, IS PROVIDED "AS
IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE
OF THIS WEB SITE AND THE INFORMATION RECEIVED THROUGH
IT. FURTHER, CORPORATION SERVICE COMPANY MAKES NO REPRESENTATIONS
WHATSOEVER ABOUT OTHER WEB SITES WHICH YOU MAY ACCESS
THROUGH THE CORPORATION SERVICE COMPANY WEB SITE.
Limitation of Liability
ALTHOUGH CORPORATION SERVICE COMPANY MAKES EFFORTS TO
ENSURE THE ACCURATENESS AND INTEGRITY OF THE INFORMATION
CONTAINED ON AND THROUGH ITS WEB SITE, WE MAKE NO GUARANTEES
WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF THE WEB
SITE AND INFORMATION CONTAINED THEREIN. IT IS POSSIBLE
THAT THE WEB SITE COULD INCLUDE INACCURACIES OR ERRORS,
AND THAT UNAUTHORIZED ADDITIONS, DELETIONS AND ALTERATIONS
COULD BE MADE TO THE WEB SITE BY THIRD PARTIES. CORPORATION
SERVICE COMPANY, ITS AFFILIATES AND ITS SPONSORS ARE
NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE
OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY
TO THE WEB SITE OR ANY INFORMATION RECEIVED FROM THE
WEB SITE, INCLUDING THE CONTENT OF ANY INFORMATION CONTAINED
WITHIN OR THROUGH THE WEB SITE. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THE WEB SITE IS TO STOP USING THE
WEB SITE AND THE INFORMATION OBTAINED THEREIN.
Warranty and Indemnification
You represent and warrant to Corporation Service Company
that your use of the materials contained within this
web site will at all times comply with all applicable
laws, rules, regulations, and this Agreement. You hereby
agree to indemnify, defend and hold harmless Corporation
Service Company and its officers, directors, employees,
affiliates and subsidiaries from and against any and
all claims, proceedings, damages, injuries, liabilities,
losses, costs and expenses (including, but not limited
to, legal costs and expenses and attorneys' fees) arising
out of or relating to any breach by you of the foregoing
representations, warranties and covenants. You shall
cooperate as fully as reasonably required in the defense
of any claim. Corporation Service Company reserves the
right, at its sole cost and expense, to assume the exclusive
defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event
settle any matter without the prior written consent of
Corporation Service Company.
Termination
Corporation Service Company may terminate this Agreement
and your license to use its web site and services at
any time and for any reason.
Governing Law
This Agreement shall be construed, interpreted and governed
by the laws of the State of Delaware without regard to
conflicts of law provisions thereof. The exclusive forum
for any dispute arising out of or relating to this Agreement
shall be a court of competent jurisdiction in Delaware.
If any part of this Agreement is found invalid or unenforceable
by a court of competent jurisdiction, the remainder of
this Agreement shall be interpreted so as to reasonably
effect the intention of the parties.
Waiver
No Waiver by either Corporation Service Company or you
of any breach or default under this Agreement shall be
deemed to be a waiver of any preceding or subsequent
breach or default hereunder.
Privacy Statement
Corporation Service Company Inc. respects the privacy
of the users of our services and web site. We adhere
to a strict “no-spam” policy, meaning that
you must sign up for one of our services before you receive
any e-mail communication from us. We will never
sell any personal information regarding our customers
to another company or entity for marketing purposes.
What Information We Collect and Why
In order to process your order or provide you with one
of our services, we may need to know some standard information
such as your name, e-mail address, mailing address, credit
card number or telephone number. For research purposes,
we may also need to know the trademark(s) you would like
to be searched and a brief description of the goods or
services used in association with the mark(s).
Based upon the information you provide to us, we will
send you an email verifying your user ID and password. We
will also communicate with you in response to your inquiries,
to provide the services you request, and to manage your
account. We may also occasionally notify you of
new services and special offers via e-mail or surface
mail. If you would rather not receive any updates
from us, please unsubscribe using the links provided
in our mailing or email customerservice@nameprotect.com.
Our computer is not set up to track, collect or distribute
personal information about our visitors. It does
recognize the Accueil server of visitors, but not e-mail
addresses. For example, we can tell which Internet
Service Provider our visitors use, but not the names,
addresses or other information about our visitors that
would allow us to identify the particular visitors to
our sites. In addition, our web sites track information
about the visits to our web sites. For example,
we use cookies to compile statistics that show the daily
number of visitors to our sites, the daily requests we
receive for particular files on our web sites, and what
countries those requests come from. A cookie is
a small text file that is placed on a user’s computer
for record-keeping purposes. These aggregated statistics
are used internally to better provide services to the
public and may also be provided to others, but again,
the statistics contain no personal information and cannot
be used to gather such information. We also use
cookies to verify your user ID and password when you
log into our web site. The cookies that we place
on your computer are session cookies, meaning that they
expire when you close your browser and do not remain
on your computer. If you disable cookies on your
browser, you will be unable to log in to the web site.
Some customers may purchase services from us through
third party companies not affiliated with Corporation
Service Company Inc., also known as resellers. Under
such circumstances, such resellers may have access to
personally identifiable information regarding its customer
only.
For your convenience, our web site may contain links
to companies offering products or services through our
web site. These other company web sites are not
under the control of Corporation Service Company Inc.,
and we can make no promises or guarantees regarding data
collection or privacy practices on these other company
web sites. They may send their own cookies to users,
collect data or solicit personally identifiable information. We
strongly suggest that you review the privacy policies
of these other company web sites before providing any
data to them. You should contact these entities
directly if you have any questions about their use of
the information that they collect.
How We Protect Your Personal Information
It is our policy that your information is private and
confidential. Accordingly, the personal information
you provide to us is stored in a secure location, is
accessible only by designated staff, and is used only
for the purposes for which you provide the information. When
you submit an order, your information is encrypted with
Secure Socket Layer (SSL) technology to protect the information
from unauthorized access. All of our staff is made
aware of our confidentiality policy on a regular basis
and must acknowledge that they have received and read
the same. We also secure the infrastructure that
supports information collection, exchange and storage/retrieval. We
use firewalls to secure the perimeter of our information
network and monitor our systems on a regular basis. Our
staff must use multiple layers of electronic authentication
to access your personal information. Each authenticated
user only has access to the information that he or she
is authorized to use. Our users can only access
their own personal information with their user IDs and
passwords.
We will not sell any personal information you provide
to us to another entity. However, Corporation Service
Company does reserve the right to transfer or disclose
customer information as part of the sale of all or part
of Corporation Service Company’s stock or assets. However,
this will only happen if the party acquiring the information
agrees to be bound by the terms of this privacy statement
applicable when your information was collected. We
also may disclose certain information to comply with
a court order or if we have a good-faith belief that
such disclosure is necessary to identify persons violating
the law.
Steps You Can Take To Ensure Your Privacy
If your personally identifiable information changes,
or if you no longer desire our service, please send a
request with your updated information to our customer
service team at 1.800.689.6223 or 1.800.927.9800.
You should also take the necessary precautions to safeguard
your user ID and password to prevent unauthorized access
to your information stored on this web site and the applications
within this web site. If you feel that your user
ID or password have been compromised, you should contact
our customer service team at: 1.800.689.6223 or 1.800.927.9800.
United States of America
Our web site is maintained in the United States of America. By
using this web site, you authorize the export of your
personal information to the USA and its storage and use
as specified in this policy.
Changes In This Privacy Statement
We reserve the right to modify this policy statement
at any time, so please review it frequently. We
will post changes to this privacy statement on this web
site so that you are aware of what information
we collect, how we use it, and under what circumstances,
if any, we disclose it. All changes will be effective
upon posting to this web site without any other notice
to you.
Contact Us
If you have any questions or suggestions regarding our
policy statement, please contact us at 1.800.689.6223
or 1.800.927.9800.
©2001-2007 Corporation Service Company Inc. All
Rights Reserved.
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