These GTC regulate the relationship between customers (hereinafter referred to as "customers") and NetZone AG, hereinafter referred to as "NetZone".
NetZone offers its customers national and international Internet services and products.
It provides high-quality services that correspond to the state of the art and international standards and recommendations. The content and scope of the services result from the service descriptions which, together with the contract document and the present General Terms and Conditions, form the basis of the contractual relationship between the customer and NetZone. In the case of domain registrations, the supplementary provisions for domain registrations are also an integral part of the contract.
The prices for services and products to be paid by the customer result from the contract or the corresponding price list. They include VAT, unless otherwise agreed in the contract. The prices in foreign currencies are calculated using an exchange rate defined by NetZone for Swiss francs. NetZone is entitled to change the prices at any time after written advance notice with a period of 6 weeks. NetZone reserves the right to adjust prices in foreign currencies at any time without notice due to exchange rate fluctuations. The prices are fixed prices, a partial reimbursement of the price in the case of a significantly lower - or no - data retrieval compared to the maximum quantities provided for in the offers is excluded.
Customers ensure that the services and products for which they have contracted with NetZone are used in accordance with the law and the contract. Special provisions apply to the content of the corresponding websites. Content published or uploaded by the customer must not violate Swiss law or morality, including but not limited to spam, bulk (mass) email, pornography, phreaking, unauthorized access to third-party computers. In addition, the customer is obliged to comply with Swiss data protection, telecommunications and copyright law. The customer is responsible for the programs, scripts and content used by him on the NetZone servers. He must update and check these regularly.
The installation of resource-intensive applications on the NetZone servers, as well as the provision of resource-intensive download sites, and use as a backup server are only permitted with the prior consent of NetZone. This includes, but is not limited to, FTP download sites, galleries, multimedia, video, mp3 and contact portals.
NetZone is entitled to block the Internet presence at any time (also as a precaution). In principle, NetZone does not assume any obligation to check, but reserves the right to reject dubious content without justification. If the customer violates legal regulations or morality with the content he distributes, or if programs used by the customer cause damage to NetZone or third parties, he will be liable to NetZone for all direct and indirect costs and damage incurred and liable for damages. The customer undertakes to notify NetZone of any defects, disruptions or non-availability of services or systems of which he is aware, and in particular of any illegal or contractual use of the services by him, his employees or third parties engaged by him, as well as by unauthorized third parties (e.g. hackers). to inform. The customer is obliged to notify the NetZone of any change of address immediately. The costs in connection with undeliverable invoices will be passed on to the customer at CHF 15.
Third Party Use
The direct or indirect use of the NetZone service by third parties is not permitted without the prior written consent of NetZone. In particular, the customer is not entitled to communicate access data for the use of the NetZone service to third parties or to make it accessible or to enable use in any other way. If third-party use is permitted by NetZone, the customer must instruct third parties on the proper use of the service in accordance with these General Terms and Conditions. The customer is responsible for culpable misconduct of third parties. If NetZone does not permit third parties to use the service, the customer is not entitled to a price reduction, reimbursement or compensation. The customer must also pay any fees that arise as part of the use of the NetZone services by authorized or unauthorized third parties. The customer is liable to NetZone for all violations of the provisions of these GTC and the underlying contract as a result of use of the service by authorized or unauthorized third parties.
Liability of NetZone
NetZone is responsible for the careful and contractual provision of its services to the customer. However, maintenance work, troubleshooting, the expansion of services, etc. necessitate temporary interruptions to operations. NetZone assumes no liability for the correct reproduction of the applicant's Internet pages on the Internet presence, unless NetZone is guilty of intent or gross negligence. To the extent permitted by law, NetZone is only liable for direct and indirect damage in the event of intent. In no event shall NetZone be liable for consequential damages or lost profits. For complete outages caused by NetZone and lasting longer than one business day, the subscription is automatically renewed for the corresponding number of days free of charge.
Resale / Sublease
Resale is permitted under the NetZone reseller/agent program only. Subleasing storage space or other resources to third parties is not permitted. Resale within a hosting package is excluded in any case (e.g. alias pointer domains)
Invoicing is in advance and covers a service period of 12 months, typically through the end of the year. Provisions to the contrary in the contract and registration fees for domain names remain reserved.
Issuing a paper invoice is subject to a fee. A fee of up to CHF 3.00 per invoice will be charged.
Terms of payment
The invoice must be paid by the specified due date at the latest. In the event of justified discrepancies, customers can raise objections in writing within 10 days of the invoice date. After this date, the invoice is deemed to have been accepted as is. If the customer has neither paid the invoice nor raised any justified objections in writing by the due date, NetZone can stop all services used by the customer and issue a reminder for the invoice. If the invoice is not paid within the period granted in the written reminder, NetZone can terminate the contract without notice and without compensation. Customers bear NetZone's costs incurred as a result of the default in payment, including a flat-rate compensation fee of CHF 100. A reminder fee of CHF 25.00 will be charged for sending a written reminder. The customer acknowledges that in the event of a delay in payment, his customer data will be passed on to our debt collection agency to collect the outstanding invoice amounts. Further costs may arise as a result of the forwarding to the debt collection agency (business expenses CHF 150.00, identification and credit check CHF 20.00), which the customer must compensate in full, including interest of 6%.
If, despite all due care, NetZone is unable to meet its contractual obligations due to force majeure such as natural phenomena of particular intensity, acts of war, strikes, unforeseen official restrictions, etc., the fulfillment of the contract or the date for the fulfillment of the contract will be postponed according to the event that has occurred.
Customers will not offset debts owed to NetZone against their own claims without NetZone's consent.
Duration and validity of the contract
The contract lasts for an indefinite period unless otherwise agreed. It can be terminated in writing (with a formal signature) by either party at any time with a notice period of 30 days to the end of the month, unless the contractual document (e.g. domain registrations) provides otherwise and there are no open claims on the customer account. If the applicant breaches the contract, defaults in payment, etc., NetZone is entitled to terminate the contract at any time without notice.
By submitting the online order forms, a binding contract for the use of the services between NetZone and the customer (client) is concluded in accordance with the current product/service description. This contract is also fully valid without subsequent transmission of the written order confirmation, since automated order processing (e.g. domain registration, service provision) takes place after the order has been sent. If the customer makes use of his right of objection/30-day money-back guarantee after sending the order, the services actually rendered at that point in time for which NetZone is billed by third parties (e.g. domain fees) are due for payment in any case.
The customer has been informed about the scope, type, purpose and location of the collection, processing and use of the personal data required for the execution of services. The data protection regulations of NetZone apply in accordance with our terms and conditions. NetZone transmits the data collected to partners associated with NetZone, including partners abroad, insofar as this is necessary for the purpose of fulfilling the contract.
NetZone endeavors to use the customer data that has come to its attention within the framework of the legal provisions, whereby NetZone endeavors to take into account the national and international regulations for the protection of data protection. Accordingly, NetZone informs customers about the processing of their data within the framework of data protection regulations. The federal law of June 19, 1992 on data protection (DSG) defines processing as any handling of personal data, regardless of the means and procedures used.
NetZone collects customer information when an order is placed. This takes place either as part of contract initiation in direct customer contact between the customer and NetZone or online using the appropriate web forms. In addition to the personal data, various data about the customer's technical infrastructure is also recorded, depending on the service, e.g. serial numbers of hardware, software licenses, network environment, access data, installation routines, IP addresses, etc. This data recording is carried out exclusively for the purpose of comprehensive customer care and for security reasons.
When visiting the NetZone website, the following information is stored by each visitor, which is only used for statistical purposes and does not allow any conclusions to be drawn about the user: IP address used, browser including version, operating system including version and (if available ) the domain that led to www.netzone.ch (search engine, banner, etc.). NetZone may use Customer's IP address to ensure compliance with these Terms or the security of the NetZone Services, the NetZone Website or other users.
The data collected by NetZone is used for the purpose of fulfilling the contract. NetZone may also use the data to provide information about other NetZone products. NetZone also uses customer data to inform subscribers to the NetZone newsletter about current features or changes to NetZone's services.
Transfer to third parties
Since NetZone sometimes works with other partners when fulfilling the contract (renting lines, ordering hardware, software, licenses, domains, certificates, etc.), it may be necessary in the context of fulfilling the contract that certain customer data be made available to such partners . In this case, only the data necessary for the fulfillment of the contract will be transmitted to these partners. A transmission for marketing purposes to third parties does not take place.
NetZone can transfer customer data - in compliance with the relevant legal regulations - to third parties, also abroad, for the purpose of proper contract fulfillment (in particular for invoicing and receivables management).
Declaration of consent to credit and risk assessment
In order to decide whether delivery can be made on invoice, an address and creditworthiness check is carried out. Personal data relevant to the processing of the order and payment may be transmitted to Schweizerischer Verband Creditreform Gen and also to partner companies for this purpose. The Creditreform Data Protection Declaration (DPD) applies in this regard.
NetZone protects customer data in accordance with legal requirements. Accordingly, NetZone takes appropriate technical and organizational measures to protect, in particular, access to data, its transport, storage and input.
Information / change about data processing
The customer is entitled to request information about his data processed by NetZone.
Changes to contract terms
NetZone reserves the right to change the terms of the contract, including these General Terms and Conditions, at any time. Changes to the GTC are made available on the website and come into effect when they are activated. NetZone will notify the customer in writing by e-mail of any price increases or performance restrictions to be borne by the customer during the contract period.(*) If the customer does not accept the changes, he has the option of canceling the contract in writing (formal signature) or online within 30 days of receipt of the notification cancel the admin panel. Without written notification within this period, the customer's changes are deemed to have been approved.*With the exception of prices in foreign currencies due to exchange rate fluctuations
Governing Law and Venue
The contract is subject to Swiss law, the place of jurisdiction for both parties is the current headquarters of NetZone AG.
SUPPLEMENTARY PROVISIONS TO THE GTC OF NETZONE AG REGARDING DOMAINS
Last Updated: December 15, 2015 – © NetZone AG. All Rights Reserved.
The Domain Name Registration Agreement (this “Agreement”) is entered into by and between NetZone AG, a Swiss corporation („NetZone„) and you, and is made effective as of the date electronic acceptance (electronically or in writing). This Agreement sets forth the terms and conditions of your use of NetZone’s Domain Name Registration services („Domain Name Registration”, “Registered Name”, “domain registration” or the “Services”).
The terms „we“, „us“ or „our“ shall refer to NetZone. The terms „you“, „your“, „user“ or „customer“ shall refer to any individual or entity who accepts this Agreement. Unless otherwise specified, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Your acceptance (electronically, in writing, or by submitting a domain registration) of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement and NetZone Terms of Service Agreement (TOS), which is incorporated herein by this reference, as well as the following policy that are expressly incorporated by reference herein:
2. This Agreement
Representation. You represent, warrant, and guarantee that:
– you have the full power and authority to execute, deliver, and perform under this Agreement;
– you are at least eighteen (18) years of age;
– this Agreement is valid, binding, and enforceable against yourself in accordance with the terms herein and no provision requiring your performance is in conflict with your obligations under any other agreement;
– you are not a person or entity barred from purchasing or receiving the Services found under the laws of Switzerland, the European Union, the United States or other applicable jurisdictions;
– if you are entering into this Agreement on behalf of an organization or corporation (not a natural person) that you have the legal authority to bind such organization or corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “user”, “client”, “reseller” or “customer” shall additionally refer to such organization or corporate entity; and
– if you are entering into this Agreement on behalf of an organization or corporation that the entity is duly organized, authorized and in good standing under the laws of the jurisdiction in which it was formed.
Continued Use. By using the Website or the API or the Modules or the Services, you acknowledge that you have read, understood, and agreed to all the terms and conditions of this Agreement, including any other agreements or policies (collectively “Policies”) referenced herein or that may be published by NetZone from time to time. The operative and effective version of this Agreement and Policies is found at https://www.netzone.ch/legal.
Amendments. NetZone may, in its sole and absolute discretion, change or modify this Agreement and the Policies which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to https://www.netzone.ch/legal. And your use of this Website or the Services after such changes or modifications are posted shall constitute your acceptance of this Agreement and the Policies as last revised. If you object to any amendment, your sole remedy is to stop using the Website and Services, and terminate this Agreement in accordance with the termination provisions herein It is your sole responsibility to keep a copy of the current Agreement and Policies and to frequently visit the web page found at https://www.netzone.ch/legal to review the most current versions thereof. NetZone shall not be obligated to send you any notice of amendments to this Agreement or the Policies, however it is your responsibility to ensure your NetZone account (“Account”) information is always current. If NetZone sends out email notices, NetZone assumes no liability or responsibility for your failure to receive an email notification if such failure is a result of inaccurate email addresses or Account contact information.
3. Your Domain Name Registrant Obligations and Responsibilities
You acknowledge, understand and agree to the following obligations and responsibilities as a customer of NetZone’s Domain Name Registration services:
Accuracy of Domain Registration Information. You agree that for each domain registration submitted by you, the following contact information shall be accurately and truthfully provided: full name, postal address, email address, telephone number, and if available, facsimile number of the registrant contact of the domain name (Registered Name Holder) and, if different from the Registered Name Holder, the same contact information for, a technical contact, an administrative contact and a billing contact. Failure to provide truthful and accurate information shall be considered a material breach of this Agreement and will be a basis for suspension and/or cancellation of the domain name.
Changes to Domain Registration Information. You agree that for each domain registration, you will notify NetZone within seven (7) calendar days of any changes to the full name, postal address, email address, telephone number, and if available, facsimile number of the Registered Name Holder and if different from the Registered Name Holder, changes to the same contact information for the technical contact, the administrative contact and the billing contact. It is your responsibility to keep this information current and accurate. Failure by you, for whatever reason, to maintain truthful and accurate information on a continual basis, shall be considered a material breach of this Agreement and will be a basis for suspension and/or cancellation of the domain name. Inquiries made by NetZone to determine the validity of information provided by you must be responded to within seven (7) calendar days. Failure to respond to such inquiries shall be considered a material breach of this Agreement and will also be a basis for suspension and/or cancellation of the domain name.
License Use of Domain Name. You agree that if you intend to license use of a domain name to a third party that you will be the Registered Name Holder of record and are fully responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. You also agree as the Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless you disclose the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
Collection and Use of Domain Registration Information. You agree to be bound by the provisions of Section 6, Collection, Use and Privacy of Information.
Reporting Change of Status. You will report any material changes to the validity of your authorization, charter, license, residency, title, status and/or other related credentials that will effect the your legitimacy or qualification to be the Registrant Owner of the Registered Name.
Restrictions and Right to Refuse Service. You agree to be held liable for all damages and actions from NetZone resulting from your inappropriate or illegal use of any Registered Name (Restricted Activity) including the suspension, deletion, or cancellation of a Registered Name as well as covering all damages resulting from the use of a Registered Name that:
– transmits unsolicited email (Spam);
– transmits repetitive, high volume inquires into any of the Services provided by NetZone (i.e. domain name availability, etc.);
– distributes malware or operates and engages in botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting and other activities that are contrary to applicable law
– links or redirects to illegal content that:
— is hateful, defamatory, derogatory or bigoted based on racial, ethnic, gender or political grounds or otherwise causes injury, damage or harm of any kind to any person or entity;
— is threatening or invades another person’s privacy or property rights or otherwise breaches any rights of or duty to a third party;
— misleads or deceive minors into viewing sexually explicit material or depicts minors engaged in any activity of a sexual nature or may otherwise harm minors;
— infringes the trademark, copyright, patent, trade secret or other intellectual property rights of a third party;
— violates any applicable local, state, national or international law or regulation;
— promotes, aids or abets illegal activity of any kind or promotes business opportunities or investments which are not permitted under law;
— advertises or offers for sale any goods or services that are unlawful or in breach of any national or international law or regulation;
Violation of Restrictions. You understand and agree that violation of the Restricted Activities constitutes a material breach of this Agreement. You agree that NetZone, in its sole discretion and without liability to you, may refuse to accept domain registrations, delete domain registrations during the first thirty (30) days of registration, or cancel a domain registration at anytime after the first thirty (30) days of registration if you violate the Restricted Activity provisions at anytime.
Indemnity. You agree to defend, indemnify, save and hold NetZone harmless in respect to all claims, demands, liabilities, costs and/or expenses resulting from a violation of the obligations and responsibilities stated in this Agreement.
Proprietary Rights in Name. You acknowledge and agree that the registration or renewal of a particular domain name through the Services or the subsequent use of the Registered Name does not confer upon you any proprietary rights in the Registered Name, nor does it guarantee immunity from and against any challenge to the registration of the Registered Name by any third party, nor from the cancellation, suspension or transfer of the Registered Name.
Licensing Registered Name. You understand and agree that if you intend to license use of a Registered Name to a third party that the Licensee is nonetheless the Registered Name Holder of record and the Licensee is responsible for providing their own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. You also understand and accept that by licensing Registered Name according that you shall accept liability for harm caused by wrongful use of the Registered Name, unless you disclose the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder with reasonable evidence of actionable harm.
4. Domain Name Registration, Renewal, and Expiration
Mediator. You understand and agree that in the procurement, registration, and administration of domain names, NetZone acts only as a mediator between you and the other parties involved in the registration process, including registrars and the institutions authorized to administer the central databases for the particular domain names. In this regard, you understand and agree that submission of a Domain Registration Order does not guarantee registration or continued existence of the registration of a domain name. Therefore, you release NetZone of any liability for any domain name that fails to be registered or become unregistered, suspended, or transferred away for any reason.
Sponsoring Registrar. The sponsoring registrar is NetZone AG. And used herein, the terms “Registrar” shall refer to NetZone AG.
Country Code Top Level Domain Names (“ccTLDs). In the case of ccTLDs, you acknowledge and agree that the Services in connection with these registrations can be permanently interrupted and/or modified without prior notice, understanding that you bear the sole and all risk for such interruptions and/or modifications interfering with or preventing the use and/or the intended use of one or more ccTLDs. Your also understand and agree that the mode of operation of ccTLDs are not concurrent with that of conventional domain names, therefore, you understand and agree that due to the differences in technical implementations of ccTLDs some or all necessary ccTLDs do not function as intended or at all.
International Corporation of Assigned Names and Numbers (“ICANN”). NetZone represents the Registrar, an ICANN accredited registrar, and as such you acknowledge, understand and agree that NetZone is bound by its agreement with its Registrar and thus also with ICANN. You acknowledge, understand and agree that NetZone may modify this Agreement in order to comply with ICANN, as well as any other terms and conditions set forth by (i) ICANN and/or (ii) an ICANN approved registry applicable to the generic top-level-domain („gTLD“) in question. If you register a domain name under ICANN’s jurisdiction, you agree to the following:
1. To comply with the ICANN requirements, standards, policies, procedures, and practices for each applicable Registry at all times and to also comply with any future changes or updates enacted by ICANN.
2. To comply with any operational standards, policies, procedures, and practices for the each Registry, which can change from time to time by the applicable Registry Operators in a non-arbitrary manner.
3. To read the Registrants‘ Benefits and Responsibilities at https://www.icann.org/en/resources/registrars/registrant-rights/benefits
4. To read the Registrant Educational Information at https://www.icann.org/en/resources/registrars/registrant-rights/educational
Domain Registrars, Intermediaries, Registries and ICANN Terms and Conditions.
Domain Policies. For domain names you attempt to register, you consent to NetZone submitting Domain Registration Orders to authorized registrars either directly or through an intermediary. You also understand that domain names are administered by a multitude of different organizations internationally and that each of these organizations has different terms and conditions for the registration and administration of domain names as well as for domain name dispute procedures. In this respect, for the domain names you register through NetZone, you acknowledge, understand and agree to the terms and conditions of each registrar, intermediary, registry and/or organization, which are expressly, incorporated by reference herein as the ccTLD Domain Name Registry Policies and the gTLD Domain Name Registry Policies (together known as the “Domain Policies”).
Current Domain Policies. You understand and agree that it is solely your own responsibility to keep informed and up-to-date on the current respective Domain Policies connected to the domain names you have registered at NetZone. You also understand and agree that a violation of the current Domain Policies due to your failure to keep up-to-date is a material breach of this Agreement.
Indemnity. For domain names you register through NetZone, you will indemnify and hold harmless each registrar, intermediary, organization, registry operator and registry including 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 related to the domain name registration. This obligation shall survive expiration or termination of this Agreement or the domain name registration.
Domain Name Registration. A domain name registration is not effective until the following provisions are met:
(1) All the terms and conditions for Payment of Fees in this Agreement.
(2) That NetZone submits and delivers to the applicable registry operator the domain name registration or application information (Domain Registration Order) and such registry puts the registration into effect (Registered Name). Submission of a Domain Registration Order does not guarantee that the domain name will be successfully registered. And NetZone is not responsible for any domain name that fails to be successfully registered as a Registered Name.
Domain Name Renewal. Your continued use of a Registered Name is subject to your timely payment of renewal fees before the expiration date of a domain name, as well as, your continued compliance with this Agreement and any rules or policies referenced herein. You understand and agree that NetZone is not responsible for cancelled domain names that you fail to properly renew under the following conditions:
Renewal Payment of Fee Conditions: All the terms and conditions for Payment of Fees in this Agreement are met.
Reserved Account Funds for Upcoming Renewals. If NetZone does not receive the applicable renewal fees for a Registered Name (as cleared funds) thirty (30) days prior to the expiration date of a domain name, NetZone reserves the right to cancel the registration of the Registered Name and remove it from the Registry’s root zone file immediately following the domain name’s expiration date.
Automated Renewal. Contingent on the full domain renewal fee being paid by you and received by NetZone (as cleared funds) at least thirty (30) days prior to the expiration date of a domain name, Registered Names by default are set to be automatically renewed. To modify the default automatic renewal setting of a Registered Name, you must provide written notice of non-renewal to NetZone at least 3 months prior to the expiration date of the respective Registered Name.
Manual Renewal. If you do not select a Registered Name to be automatically renewed, it is your sole responsibility to manually renew the expiring domain name before its expiration date (should you in fact want the domain name to be renewed). You acknowledge, understand and agree that if you choose to manually renewal a Registered Name and you fail to complete the manually renewal process before a domain name’s expiration date, this will result in cancelation of the domain name and removal of the domain name from its Registry’s root zone file immediately following the domain name’s expiration date.
Domain Renewal and Restore Pricing. The default price for renewing a gTLD is 178.50 (net 150.00) USD. The default price for restoring a gTLD is 654.50 (net 550.00) USD, which may be lower depending on the gTLD. The default price for renewing or restoring a ccTLD is determine by the prices available on your NetZone’s account, which you must log in to review. Prices for renewing or restoring a Registered Name are at the sole and absolute discretion of NetZone and can change without notice to you. The price that you will be charged for a renewal or a restore can always be reviewed by logging into your account at NetZone.
Renewal and Expiration Notices for gTLDs. Domain renewal notifications are sent to the registered owner of the Registered Name (Registrant) of expiring domain via the Registrant’s respective email address (as provided on the domain name’s whois contact information) over three separate notices. The first email is sent out approximately one month prior to a domain’s expiration date. A second email is sent out approximately one week prior to a domain’s expiration date. And if a domain expires and is not renewed or auto-renewed, a third and final email is sent to the Registrant on the fifth day post expiration.
Registry Renewal Policies. You agree to follow and be bound to the respective Registry renewal policy for the domain name you are renewing as provided for by the Doman Policies.
Expiration of Domain Name. The renewal of any Registered Name is solely and completely your responsibility alone. Registered Names that expire will be removed from the respective Registry’s root zone file and will no longer resolve. You acknowledge, understand, and agree to release and hold NetZone completely harmless against any claim for damage or loss arising from your failure to renew a Registered Name.
Renew Grace Period After Expiration. NetZone as it’s sole discretion, for some Registered Names, may allow a period of time after the expiration date of the domain name in which you may still renew the Registered Name (Renew Grace Period). Some domain names have no Renew Grace Period and for others the length of time for the Renew Grace Period varies. Failure to renew during the Renew Grace Period will result in the expired domain name being placed on hold and flagged for deletion.
Redemption Period After Expiration. NetZone as it’s sole discretion, for some Registered Names, may allow a period of time after a Renew Grace Period or after the expiration date for domain names that do not have a Renew Grace Period, to restore or redeem a Registered name that has been placed on hold and flagged for deletion. The Redemption period is typically 30-days, but can vary and is subject to change at anytime without notice. NetZone will only restore a Registered Name during this period upon receiving a written notice (either by email or fax) from you along with payment of the applicable restore fees.
Deletion of Domain Name. Domain names are deleted immediately after a Registered Name’s expiration date, however, for those domain name with a Renew Grace Period and/or a Redemption Period enabled by NetZone, the Registered Name will delete after the end of the respective period. Deleted domain names will be released by the respective registry and will then become available for registration on a first-come-first-served basis.
Registry Renewal Grace Periods and Redemption Grace Periods. These periods can vary for different ccTLDs and gTLDs. You agree to follow and be bound to the respective Registry policy for the domain name you are renew or redeem as provided for by the Doman Policies.
5. Domain Name Dispute Resolutions
Domain Name Dispute Policies. You acknowledge, understand, and agree to respond and settle any disputes for any Registered Names in your account according to the resolution policies of the respective ccTLD registry or ICANN. In the case of ICANN, you agree to be bounded by ICANN’s Uniform Rapid Suspension System (“URS”) and Uniform Domain Name Dispute Resolution Policy („UDRP“). These dispute polices are amended from time to time therefore the domain policies, URS, and UDRP are hereby incorporated into this Agreement by reference.
Lock, Cancel or Transfer of Domain Name. You acknowledge, understand, and agree that NetZone may be required to lock, cancel or transfer a domain to a third party in accordance to the Domain Name Dispute Policies. In the case of an UDRP action against you, unless you respond and provide evidence within ten days of an Administrative Panel’s decision, where you commence a counter lawsuit against the complainant in a Mutual Jurisdiction regarding the right to use the disputed domain name, the domain name in question may be locked, cancelled, or transferred to a third party.
For the adjudication of disputes concerning or arising from use of a domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where Registrar is located.
You agree that if a dispute arises as a result of one (1) or more domain names you are the Registered Name Holder with NetZone, you will indemnify, defend and hold NetZone harmless as provided for in this Agreement. You also agree that if NetZone receives a complaint from a governmental, administrative or judicial body, regarding a domain name registered by you using NetZone, that NetZone, in its sole discretion, may take whatever action NetZone deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. And in this event, you agree to hold NetZone harmless for any such actions.
6. Collection, Use, and Privacy of Information
Registry Operator Rights to Contact Information. You acknowledge, understand and agree that domain name registrations requires your customers to provide correct and accurate contact information, in whole or in part, and this contact information is to be shared with the registry operator, for their use, copying, distribution, publication, modification and any alternate use provided for in their respective Registry policies. You agree to disclose the Registry Operator’s rights and obtain consent from your customers to provide to you correct and accurate contact information and consent that such information will be shared by the registry operator for whatever use the registry operator deems appropriate.
ICANN Whois Requirements. As required by ICANN, the contact information must be made publicly available by means of Whois, and that the registry operator may also be required to make this information publicly available by Whois and you agree to disclose and obtain consent by your customer for the following: If you are a Reseller of the Services you understand and agree that you have obtained consent, and evidence of consent, from your clients (individuals, businesses, and legal entities) for making public their domain registration information as well as use of their information pursuant to ICANN policy:
Whois Directory. Your customer to agree that for each domain name registered by the customer the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:
(1) The domain name
(2) Your name and postal address
(3) The name, email address, postal address, voice and fax numbers for technical and administrative contacts
(4) The Internet protocol numbers for the primary and secondary name servers (and corresponding names of the name servers)
(5) The original date of registration and expiration date, and
(6) The identity of the registrar.
Whois Escrow. Your customer to agree that the Registrar and/or the Registry Operator of a domain name may be required to archive the contact information with a reputable third-party escrow service.
Use of Whois: Your customer to agree that NetZone may use of the public information you provide during the registration of a domain name to the extent permitted by ICANN
Whois Requirement for Resellers. If you are a Reseller of the Services you understand and agree that you have obtained consent, and evidence of consent, from your clients or Registered Name Holders (individuals, businesses, and legal entities) for making public their domain registration information as well as use of their information pursuant to ICANN policy.
gTLD Registry Requirements. You acknowledge and agree to be bound to the privacy and collection policies of individual gTLD registry operators provided under the gTLD Domain Name Registry Policies.
ccTLD Registry Requirements. You acknowledge and agree to be bound to the privacy and collection policies of individual ccTLDs registry operators for domain names that provided under the ccTLD Domain Name Registry Policies.
Consent of Personal Data. You hereby consent and give permission for all such requirements and disclosures in this Section of this Agreement. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party’s consent to such disclosure. And you understand that the Registrar will not process data in a way that is incompatible with this Agreement and the Registrar will take reasonable precautions to protect data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. You acknowledge and accept these additional terms for your Personal Data:
(1) You understand the purposes which Personal Data collected and its intended use;
(2) You understand the intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);
(3) You understand which data are obligatory and which data, if any, are voluntary;
(4) You understand how the data can be access and, if necessary, rectified.
(5) You understand and consent to the data processing knowing that that the Registrar will not process data in a way that is incompatible with this Agreement and the Registrar will take reasonable precautions to protect the Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
7. Payment of Fees
NetZone Universal Terms of Service – Pricing and Payment. You understand and agree to pay all prices and fees (Payment) due for Services in accordance with the NetZone Universal Terms of Service.
Security of Payment. You also understand and agree that if your Payment for the Services cannot be secured by NetZone by either having sufficient and confirmed funds in your NetZone Account or in your Reserved Funds balance (monies withdrawn and held from your account balance in preparation of payment of some types of Services), NetZone is under no obligation or requirement to process your domain registration or domain renewal transaction. You also agree and confirm to indemnify, save and hold NetZone harmless in respect to all claims, demands, liabilities, costs and/or expenses resulting your failure to secure payment with NetZone.
Chargebacks and Reversal of Confirmed Account Funds. You agree that registration, renewal and use of any of the Services, including domain names, is contingent the original Payment being legitimate and permanent. You agree that any payment reversal due to credit card chargebacks or through a reversal of account funds means that the original Payment was illegitimate and you therefore have no claim or right to the Services or use of the Services associated with the illegitimate Payment and that NetZone has the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion.
8. Breach of Agreement and Suspension of Services
Rights to Deny, Cancel, Transfer, Lock, Alter, Suspend. You acknowledge and agree to disclose and obtain consent from your customers that NetZone, Registrar and any respective Registry reserves the right to deny, cancel, transfer, or alter any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion for the following:
(a) To correct mistakes made by registry or any registrar in connection with a domain name registration
(b) To facilitate the transfer of domain from one registrar to another;
(c) The non-payment or reversal of fees (Payment)
(d) To protect the integrity and stability of a registry
(e) To comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process
(f) To comply with any applicable ICANN rules or regulations, including without limitation, the registry agreement;
(g) To avoid any liability, civil or criminal, on the part of registry operator, as well as its affiliates, subsidiaries, officers, directors, and employees
(h) An occurrence of any of the prohibited activities described in Section 3.5
(i) For the resolution of a dispute.
Breach of Agreement. Your right to resell the Services is subject to cancellation or suspension for unresolved breaches of this Agreement and/or suspension or cancellation is required by any policy now in effect or adopted later.
Complete Compliance. You acknowledge, understand and agree that your failure to comply completely with this Agreement is a material breach and NetZone may provide you with notice of such breaches either in writing or electronically (i.e. email) for which you will have ten (10) calendar days to rectify the breach. Failure to rectify a breach may result in termination of this Agreement which may include, but is not limited to, cancelling the registration of any or all of your domain names and discontinuing any other Services provided to you by NetZone. No fees will be refunded to you should your Services be cancelled or terminated because of a breach.
By registering a gTLD issued by ICANN, you agree to the following terms: