gTLD registration policies

Version 5.5 from 21.12.2023

The content of this page has been automatically translated and is currently undergoing manual revision.

§1 Definitions

  1. Domain holder refers to a person materially authorised to a domain. Alternatively, this term can stand for a person who wishes to obtain this status through a corresponding order.
  2. Reseller means an intermediary who has a valid contract with CPS.
  3. CPS means CPS-Datensysteme GmbH, ICANN accredited registrar.
  4. TLD (Top Level Domain) means the top level of the domain hierarchy
  5. NIC (Network Information Center) refers to an organisation that is responsible for the central administration of one or more TLDs and sets the corresponding allocation conditions for these.
  6. WHOIS refers to the public databases of the registries, which provide information about the holder data and technical details of a domain.

§2 Liability, warranty and dispute resolution

  1. The domain holder undertakes to indemnify CPS and its vicarious agents or legal representatives internally against all possible claims by third parties that are based on unlawful actions by the domain holder or errors in the content of the information provided by the domain holder. In particular, this obligation also includes third-party claims and any legal defence costs resulting from the domain holder’s breach of one or more points of this agreement.
  2. The domain holder assures that the domain names applied for and their use do not infringe the rights of third parties. This applies in particular to trade mark, copyright, data protection and competition law infringements.
  3. Any domain holder who intends to licence the use of a domain name to a third party is nevertheless the registered domain holder and is responsible for providing their full contact details and for providing and updating correct technical and administrative contact details. This information must be adequate to enable prompt resolution of any problems arising in connection with the domain name. A domain holder who licences the use of a domain in accordance with this condition accepts liability for damages caused by illegal use of the registered domain name. This applies unless he discloses the current contact information provided by the licence holder and the identity of the licence holder within seven (7) days to a third party who provides the registered domain holder with reasonable proof of actionable damages.
  4. The Domain Holder consents to the suspension, cancellation or transfer of its domain name pursuant to a provision or registration condition of the applicable NIC or pursuant to an action by CPS or the NIC that does not violate ICANN rules, provided that it is used by CPS or the NIC (1) to correct errors in the registration or (2) to resolve disputes involving the registered domain name.
  5. In the event of a complaint, the domain holder can contact CPS using the following contact details: Address: CPS-Datensysteme GmbH Gilgenborn 44 56179 Vallendar Germany (DE) E-mail: de.complaint@cps-datensysteme.de Telephone: +49 (0) 261 500 810 81

§3 Rights and duties

  1. The Domain Holder shall provide CPS with accurate and reliable contact details and shall correct and update them within seven (7) days of any changes during the term of the registered domain name. This data includes: the full name, the postal address, the e-mail address, a telephone number and, if available, a fax number of the registered domain holder. If the registered domain holder is an organisation, a company or a business, the name of an authorised person must be added for the purpose of making contact.
  2. In the event that the domain holder wilfully provides incorrect or unreliable information, wilfully fails to update the information provided to CPS within seven (7) days in respect of any change or fails to respond within fifteen (15) days to CPS’s enquiry as to the accuracy of the contact details associated with the domain holder’s registration, this will constitute a material breach of the contract between the registered domain holder and CPS. Furthermore, this is a basis for suspension and/or cancellation of the domain name registration.
  3. Reseller shall not use the ICANN name, the “ICANN Accredited Registrar” logo, or represent itself as accredited by ICANN unless it has written authorisation from ICANN to do so.
  4. Any registration terms used by the Reseller must include all registration terms and notices required by the Registrar Accreditation Agreement (RAA) and any ICANN Consensus Policy. In addition, it must specify the responsible registrar or a means of identifying the responsible registrar, such as a link to the InterNIC WHOIS lookup service.
  5. The reseller shall indicate the responsible registrar upon request of the domain holder.
  6. The Reseller shall comply with any specification or policy adopted by ICANN that establishes a programme for the accreditation of persons or entities providing escrow services (a “Proxy Accreditation Program”). The Proxy Accreditation Programme may require, among other things, that: (i) escrow services with respect to domain name registrations may only be provided by persons or entities accredited by ICANN pursuant to such Proxy Accreditation Programme; and (ii) CPS prohibits Reseller from knowingly accepting registrations from all escrow service providers that are not accredited by ICANN pursuant to the Proxy Accreditation Programme. The Reseller shall comply with the rules published at http://www.icann.org/en/resources/registrars/raa/approved-with-specs-27jun13-en.htm#privacy-proxy until the Proxy Accreditation Programme is implemented.
  7. The Reseller must publish a link to the URL “http://www.icann.org/en/resources/registrars/registrant-rights/benefits” on its website.
  8. If the Reseller causes a breach of one or more terms of this Agreement, CPS will take reasonable steps to enforce this Agreement.
  9. The following regulations are based on the “WHOIS Accuracy Programme Specification” and apply insofar as they do not contradict the registration conditions of the respective NICs:
    1. The domain holder accepts the conditions of the “WHOIS Accuracy Programme Specification” available at http://www.icann.org/en/resources/registrars/raa/approved-with-specs-27jun13-en.htm#whois-accuracy
    2. CPS begins a validation and verification procedure for the domain holder’s data after i. a registration ii. a transfer iii. a change to the domain holder’s data iv. the indication of incorrect data of the domain holder
    3. The validation and verification procedure will not be carried out if the domain holder’s data has been confirmed in a previous validation and verification procedure, unless (9)(b)iv applies.
    4. If the validation and verification procedure for the domain holder’s data fails, CPS must suspend the domain names concerned.
  10. The following regulations are based on the “Uniform Domain-Name Dispute-Resolution Policy” (UDRP) and apply insofar as they do not contradict the registration conditions of the respective NICs:
    1. The domain holder accepts the terms of the UDRP, available at http://www.icann.org/udrp/
    2. The domain holder recognises that domain disputes are to be clarified and settled in accordance with the arbitration rules laid down by the relevant NIC. The respective rules are available on the CPS website. The language of the rules may differ from the contract language and be written in the respective national language.
    3. The domain holder recognises that CPS is obliged to comply with an arbitration award based on the arbitration rules and that this may lead to the domain being blocked, deleted or transferred to a third party, unless the domain holder proves to CPS within ten days of receipt of the arbitration award that he has brought an action before a competent court against the opponent who has prevailed in the arbitration proceedings to establish the admissibility of the domain.
    4. For the duration of arbitration proceedings or a legal dispute pending in court concerning the domain and for fifteen days after the final decision in the proceedings, the domain holder may not transfer the domain unless it is ensured that the future holder of the domain is also bound by the decision.
  11. The following regulations are based on the “WHOIS Data Reminder Policy” (WDRP) and apply insofar as they do not contradict the registration conditions of the respective NICs:
    1. The domain holder accepts the terms of the WDRP, which can be viewed at http://www.icann.org/registrars/wdrp.htm
    2. The domain holder acknowledges that providing incorrect WHOIS data or failing to update it, even a fortnight after a request to do so, may result in the immediate loss of rights to a domain name. This information includes, but is not limited to, i. the full name, postal address, e-mail address, telephone and fax of the domain holder or administrative contact ii. the full name, postal address, e-mail address, telephone and fax of the technical contact iii. the full name, postal address, e-mail address, telephone and fax of the accounting contact
    3. CPS sends the domain holder an extract of the WHOIS data of his domain once a year for verification and control by electronic means
  12. The following regulations are based on the “ICANN Transfer Policy” (ITP) and apply insofar as they do not contradict the registration conditions of the respective NICs:
    1. The domain holder accepts the terms and conditions of the ITP, available at http://www.icann.org/transfers/
    2. The domain holder acknowledges that a transfer can only take place sixty days after an initial registration has taken place.
    3. The domain holder acknowledges that a transfer can only take place sixty days after a previously completed transfer.
    4. The domain holder agrees that the reseller acts as a designated agent and is therefore expressly authorised to change the domain holder (OWNER-CHANGE) and to change the domain holder’s data (MODIFY) (see (11)(b)i).
    5. The domain holder authorises CPS to opt out of the 60-day transfer lock after a change of the domain holder (OWNER-CHANGE) or a change of the domain holder’s data (MODIFY) (see (11)(b)i).
    6. CPS will inform the domain holder electronically within one day of a change (MODIFY) of the following domain holder data: i. Name ii. Organisation iii. E-mail address
  13. The following regulations are based on the “Expired Domain Deletion Policy” (EDDP) and apply insofar as they do not contradict the registration conditions of the respective NICs:
    1. The domain holder accepts the terms and conditions of the EDDP, which can be viewed at http://www.icann.org/registrars/eddp.htm
    2. CPS informs the domain holder electronically of the imminent deletion of a domain, stating the exact deletion date, with a notice period of thirty, fifteen, seven and one day before the deletion, as well as on the day of the deletion itself.
    3. The domain holder acknowledges that the term of a domain ends when the expiry date is reached, unless it has been marked for automatic renewal (AUTO-RENEW)
    4. The domain holder acknowledges that a domain will remain in the “Redemption Grace Period” status for a further 30 days after deletion for restoration by the domain holder.
  14. The following regulations are based on the “Restored Names Accuracy Policy” (RDAP) and apply insofar as they do not contradict the registration conditions of the respective NICs:
    1. The domain holder accepts the conditions of the RDAP, which can be viewed at http://www.icann.org/registrars/rnap.htm
  15. The domain holder acknowledges that a restored domain that was previously deleted due to incorrect contact data – in accordance with Section 3 (2) of this registration agreement – will remain blocked for use (so-called “registrar hold”) until correct WHOIS data has been transmitted to CPS.
  16. The following regulations are based on the “Expired Registration Recovery Policy” (ERRP) and apply insofar as they do not contradict the registration conditions of the respective NICs:
    1. The domain holder accepts the terms and conditions of the ERRP, available at http://www.icann.org/en/resources/registrars/consensus-policies/errp
    2. Paragraph (13)(b) applies.
    3. The Domain Holder shall obtain price information from its contractual reseller for the i. Renewal (RENEW) of a domain ii. Restore (RESTORE) of a domain.
    4. The reseller is obliged to provide its customer with the information from (15)(c) in one of the following ways: i. Website ii. Customer portal iii. Registration contract
    5. CPS shall make the information from (15)(c) available to the reseller in the following ways: i. Customer Portal ii. Programming interface iii. Price Agreement (Annex A to the Framework Agreement)

§4 Cancellation and its consequences

The agreements made in these Registration Terms shall survive the expiration or termination of the Registration Agreement.

§5 Data protection

  1. CPS points out to the domain holder in accordance with §33 BDSG that personal data and other information relating to his usage behaviour will be stored by CPS for the duration of the contractual relationship, insofar as this is necessary to fulfil the purpose of the contract, in particular for billing purposes. The domain holder agrees to this storage.
  2. CPS undertakes to provide the domain holder with complete and free information about the stored data at any time upon request, insofar as it relates to the domain holder. CPS will not forward this data or the content of the domain holder’s private messages to third parties without the domain holder’s consent. This only does not apply insofar as CPS is legally obliged to disclose such data to third parties, in particular government agencies, or insofar as internationally recognised technical standards provide for this. In the context of the registration, administration and application procedures for domain names, this also includes the transmission to third parties and the entry of the data in freely accessible, so-called “WHOIS” databases.
  3. CPS expressly draws the domain holder’s attention to the fact that data protection for data transmissions in open networks such as the Internet cannot be fully guaranteed according to the current state of the art. Other participants on the Internet may also have the technical capability to interfere with network security without authorisation and to control message traffic. The domain holder is therefore responsible for the security of the data he transmits to the Internet.

§6 Final clause and responsibility

  1. The place of jurisdiction for legal disputes arising from the use or registration of a domain name is the registered office of the domain holder and the registered office of CPS, irrespective of any other potential places of jurisdiction.
  2. The German text of this agreement is binding.