Domainmanagement
Softwareentwicklung
Software as a Service (SAAS)
DOMAINMANAGEMENT
SOFTWAREENTWICKLUNGSOFTWARE AS A SERVICE (SAAS)
gTLD registration policies

Version 6.1 from 11/07/2024

The German text of this agreement is binding.

§1 Definitions

  1. Domain owners define persons substantially entitled to a domain. Alternatively, this term can stand for a person who would like to obtain this status through a respective contract.
  2. Reseller defines an intermediate trader, who has a valid contract with CPS.
  3. CPS defines CPS-Datensysteme GmbH, ICANN accredited Registrar.
  4. TLD (Top Level Domain) defines the top level of the domain hierarchy.
  5. NIC (Network Information Center, Registry Operator) defines an organisation which occupies the central management of one or more TLDs and sets respective contractual terms for these.
  6. WHOIS defines the public databanks of the registries which provide information regarding owner data and technical details of a domain.

§2 Liability, warranty and dispute resolution

  1. The domain owner is obligated to indemnify and hold harmless CPS and its vicarious agents (NIC) or legal representatives in the internal relationship of all possible claims from third parties which are based upon unlawful acts of the domain owner or errors in the contents of information provided by him/her. In particular this obligation also includes third party claims and possible costs for legal defence which result from the domain owner’s breach of one or several items of this contract.
  2. The registered domain owner shall represent that, to the best of the registered domain owner’s knowledge and belief, neither the registration of the registered domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party. This applies in particular to the violation of trademark, copyright, data privacy and competition laws.
  3. Any registered domain owner that intends to license use of a domain name to a third party is nonetheless the registered domain owner of record and is responsible for providing its 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 domain name. A registered domain owner licensing use of a registered domain name according to this provision shall accept liability for harm caused by wrongful use of the registered domain name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the registered domain owner reasonable evidence of actionable harm.
  4. The registered domain owner shall represent that terms have been provided equivalent to that described in this contract to any third-party individuals, organizations, associations, or corporations whose data are supplied to CPS by the registered domain owner, and that the registered domain owner has obtained consent to data processing equivalent to that referred in this contract of any such third-party.
  5. The registered domain owner shall agree that its registration of the registered domain name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any CPS or NIC procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by CPS or the NIC in registering the name or (2) for the resolution of disputes concerning the registered domain name.
  6. When CPS has actionable evidence that a registered domain name sponsored by CPS is being used for DNS Abuse, CPS must promptly take the appropriate mitigation action(s) that are reasonably necessary to stop, or otherwise disrupt, the registered domain name from being used for DNS Abuse. Action(s) may vary depending on the circumstances, taking into account the cause and severity of the harm from the DNS Abuse and the possibility of associated collateral damage.
  7. In the case of a complaint, the domain owner may contact CPS at:

Address:
CPS-Datensysteme GmbH
Gilgenborn 44
56179 Vallendar
Germany (DE)

E-mail: en.complaint@cps-datensysteme.de
Telephone: +49 (0) 261 500 810 81

§3 Rights and duties

  1. The registered domain owner shall provide to CPS accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the registered domain name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered domain owner; name of authorized person for contact purposes in the case of an registered domain owner that is an organization, association, or corporation; and the data elements listed below:
    1. The names of the primary nameserver and secondary nameserver(s) for the registered domain name;
    2. The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the registered domain name; and
    3. The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the registered domain dame.
  2. A registered domain owner’s willful provision of inaccurate or unreliable information, its willful failure to update information provided to CPS within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by CPS concerning the accuracy of contact details associated with the registered domain owner’s registration shall constitute a material breach of the contract between the registered domain owner and CPS and be a basis for suspension and/or cancellation of the registered domain name registration.
  3. The reseller must not display the ICANN or ICANN-Accredited-Registrar logo, or otherwise represent himself as Accredited by ICANN, unless he has written permission from ICANN to do so.
  4. Any registration agreement used by the reseller shall include all registration agreement provisions and notices required by the ICANN Registrar Accreditation Agreement (RAA) and any ICANN Consensus Policies, and shall identify the sponsoring registrar or provide a means for identifying the sponsoring registrar, such as a link to the InterNIC WHOIS lookup service.
  5. The reseller identifies the sponsoring registrar upon inquiry from the domain owner.
  6. The reseller complies with any ICANN-adopted specification or policy that establishes a program for accreditation of individuals or entities who provide proxy and privacy registration services (a “Proxy Accreditation Program”). Among other features, the Proxy Accreditation Program may require that: (i) proxy and privacy registration services may only be provided in respect of domain name registrations by individuals or entities Accredited by ICANN pursuant to such Proxy Accreditation Program; and (ii) CPS shall prohibit resellers from knowingly accepting registrations from any provider of proxy and privacy registration services that is not accredited by ICANN pursuant the Proxy Accreditation Program. Until such time as the Proxy Accreditation Program is established, the reseller complies with the specifications accessible at http://www.icann.org/en/resources/registrars/raa/approved-with-specs-27jun13-en.htm#privacy-proxy
  7. The reseller must publish on his webpage a link to the URL „http://www.icann.org/en/resources/registrars/registrant-rights/benefits“.
  8. If reseller is in breach of any of the provisions of this Agreement, CPS will take reasonable steps to enforce this agreement.
  9. The following regulations are based on the „WHOIS Accuracy Program Specification” and apply provided that these do not contradict the registration regulations of the respective NICs:
    1. The domain owner accepts the conditions of the „WHOIS Accuracy Program Specification”, accessible at
      http://www.icann.org/en/resources/registrars/raa/approved-with-specs-27jun13-en.htm#whois-accuracy
    2. CPS begins a validation and verification process for the data of the domain owner after
      1. a registration
      2. a transfer
      3. a change in the data of the domain owner
      4. indication of false data of the domain owner
    3. The validation and verification process is not carried out, provided the data of the domain owner were confirmed in a previous validation and verification process, except (9)(2)(4) has occurred.
    4. If the validation and verification process for the data of the domain owner fails, CPS must suspend the affected domain names.
  10. The following regulations are based on the „Uniform Domain-Name Dispute-Resolution Policy„ (UDRP) and apply provided that these do not contradict the registration regulations of the respective NICs:
    1. The domain owner accepts the conditions of the UDRP, accessible at http://www.icann.org/udrp/
    2. The domain owner acknowledges that domain disputes are to be clarified and settled according to the arbitration regulations applied by the responsible NIC. The respective regulations are accessible via the Internet pages of CPS. The language of the regulations can differ from the contract language and be composed in the respective national language.
    3. The domain owner acknowledges that CPS is obligated to comply with arbitration which is based on the arbitration regulations and that this can lead to a disabling, deletion or transfer of the domain to a third party provided that the domain owner does not verify to CPS within 10 days as of arbitration that he/she has taken legal action at a competent court against the party having succeeded in the arbitration, to determine the admissibility of the domain.
    4. A transfer of the domain by the domain owner is excluded during the duration of arbitration or a suspending legal dispute at court regarding the domain as well as for the duration of fifteen days after the conclusive ruling in the proceedings provided that it has not been ensured if the future owner of the domain is also bound by the ruling.
  11. The following regulations are based on the “Whois Data Reminder Policy” (WDRP) and apply unless these contradict the registration regulations of the respective NICs:
    1. The domain owner accepts the regulations of the WDRP, accessible at  http://www.icann.org/registrars/wdrp.htm
    2. CPS sends the domain owner an abridgement electronically of the WHOIS data of his/her domain once annually to review and check.
  12. The following regulations are based on the “ICANN Transfer Policy” (ITP) and apply unless these contradict the registration regulations of the respective NICs:
    1. The domain owner accepts the regulations of the ITP, accessible 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).
    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).
    6. CPS will inform the domain holder electronically within one day of a change (MODIFY) of the following domain holder data:
      1. Name
      2. Organisation
      3. E-mail address
  13. The following regulations are based on the “Expired Domain Deletion Policy” (EDDP) and apply unless these contradict the registration regulations of the respective NICs:
    1. The domain owner accepts the regulations of the EDDP, accessible at http://www.icann.org/registrars/eddp.htm
    2. CPS informs the domain owner electronically of an imminent deletion of a domain including notification of the exact deletion date and also with a time limit of thirty, fifteen, seven and one day before deletion as well as on the day of deletion itself.
    3. The domain owner acknowledges that the term of the domain expires when the expiration date is reached provided that it was not marked down for an automatic renewal (AUTO-RENEW).
    4. The domain owner acknowledges that a domain remains maintained for 30 days after deletion, with a status “Redemption Grace Period” for the purpose of restoration by the domain owner. Fees accruing for a restoration (RESTORE) of the domain will be settled according to the respective valid price lists (appendix A).
  14. The following regulations are based on the “Restored Names Accuracy Policy” (RNAP) and apply unless these contradict the registration regulations of the respective NICs:
    1. The domain owner accepts the regulations of the RNAP, accessible at http://www.icann.org/registrars/rnap.htm
    2. The domain owner acknowledges that a restored domain which was previously deleted – according to §3 Paragraph 2 of this policy – as a result of incorrect contact data, remains disabled for use (so-called REGISTRAR HOLD) until correct WHOIS data has been conveyed to CPS.
  15. The following regulations are based on the “Expired Registration Recovery Policy” (ERRP) and apply unless these contradict the registration regulations of the respective NICs:
    1. The domain owner accepts the regulations of the ERRP, accessible at http://www.icann.org/en/resources/registrars/consensus-policies/errp
    2. Clause (13)(2) applies.
    3. The domain owner obtains from his/her contractual reseller pricing information for the
      1. Renewal (RENEW) of a domain name
      2. Restore (RESTORE) of a domain name
    4. The reseller is obliged to publish the information of clause (15)(3) to his/her customer by one of the following ways:
      1. Website
      2. Customer panel
      3. Registration agreement
    5. CPS publishes the information of clause (15)(3) to the reseller by the following ways:
      1. Customer panel
      2. Programming interface
      3. Price Agreement (Exhibit A to the Master Agreement)

§4 Cancellation and its consequences

The agreements entered with this registration policies also persists after expiration or termination of the registration agreements.

§5 Data protection

  1. According to §33 German Data Protection Act, CPS points out to the domain owner that individual-related data and other information which affect their use are stored by CPS for the duration of the con-tractual relationship, as far as this is required for the fulfilment of the contractual purpose, in particular for invoicing purposes. The domain owner declares his/her acceptance to the storage.
  2. CPS agrees that it will take reasonable precautions to protect personal data and other information which affects their use, from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
  3. CPS is obligated to inform the domain owner at any time upon request thoroughly and free of charge in regard to his/her stored data stock provided that it affects him/her. CPS will neither pass on this data nor the contents of private messages of the domain owner to third parties without his/her con-sent. This is only not applicable, if CPS is legally obligated to disclose such data to third parties in par-ticular governmental authorities or as far as internationally acknowledged technical standards require doing so. This also includes the transmission to third parties and placement of the data in freely ac-cessible so-called „Whois“ data banks within the registration, administration and application proce-dures for domain names and SSL certificates.
  4. CPS explicitly points out to the domain owner that data protection for data transmission in open nets such as the Internet cannot be completely guaranteed according to the current state of technology. Other participants in the Internet are also possibly technically able to execute unauthorised interfer-ence with the net security and to control communication. Therefore the domain owner takes full re-sponsibility for the security of the data he/she transmits on the Internet.

§6 Final clause and responsibility

  1. For the adjudication of disputes concerning or arising from use of the Registered domain name, without prejudice to other potentially applicable jurisdictions, is the jurisdiction of the courts (1) of the Registered domain owner’s domicile and (2) of the registered office of CPS.
  2. The German text of this contract binding.