By signing and returning the "Agreement To
Give Power For The Registration And The Management
Of A Domain Name .lu", the signatory ("the
Client") is agreeing to the following terms of
service:-
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FOCUS Internet Services ("the
Agent") is to act for the Client solely in
the capacity of liaising with the Luxembourg Domain
Name Registry, RESTENA Foundation ("the Registry")
over the registration and maintenance of a second
level domain name under the national top level
domain name .lu ("the domain name").
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The Agent is not responsible
in any way for the use of this domain name in
terms of web site content, email content or any
other aspect.
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All Registry fees will be paid
by the Client to the Registry.
-
Agent fees will be paid by the
Client to the Agent against invoice(s) issued.
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All bank charges, transfer fees
and currency conversion fees will be paid by the
Client.
-
Late payment of fees to the Agent
will result in the Agent withdrawing as Administrative
Contact and the registration of the domain name
lapsing.
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The Agent does not wish to be
associated with the following activities and the
Client violates these terms of service when the
Client or Clients' customers, affiliates, or subsidiaries
use the domain name for the following activities:
Spamming; Intellectual Property Violations; Obscene
Speech or Materials; Defamatory or Abusive Language; Distribution
of Internet Viruses, Worms, Trojan Horses, or
Other Destructive Activities; Export Control Violations;
Other Illegal Activities; Facilitating a Violation
of the FOCUS AUP; Engaging in Other Activities,
whether lawful or unlawful, that the Agent determines
to be harmful to its reputation, goodwill, operations,
or customer relations. (The complete Acceptable
User Policy including definitions of the following
items is available at http://focus.lu/company/aup.html).
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The present power is governed
by the laws of the Grand-Duchy of Luxembourg,
and all litigation resulting from this mandate
will be submitted to the Courts of the Grand-Duchy
of Luxembourg.
Furthermore, the Client accepts that
the Agent is bound by the following terms of an APPENDIX
to the Registry's "Application Form For A
Second Level Domain Name Under The National Top Level
Domain Name .lu":-
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The present document is attached
to the application form filed for the registration
of the domain name [.........]. This appendix
forms an integral part of the registration contract
which the entity seeking registration subscribes
with RESTENA Foundation.
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This registration contract, which
is to be concluded by the applicant with the RESTENA
Foundation, is governed by the provisions of the
Terms and Conditions, the Domain Name Charter
and the document Fees for domain name registration,
all issued by the registry RESTENA Foundation.
The applicant formally declares having carefully
read and understood all these documents. The applicant
fully approves among others the payment of the
corresponding fee of 40.- EURO (VAT incl) upon
reception of the registration confirmation, respectively
40.- EURO (VAT incl) as annual subscription fee
in the years to follow.
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In accordance with article 8
of its Terms and Conditions, RESTENA Foundation
is entitled to delete an active or inactive registration
of a second level domain name from the repository,
notably in the following cases:
(a) When no or insufficient payment for registration/reservation
is received.
(b) When the registration had been unlawful.
(c) The applicant has provided false information
to RESTENA Foundation, or has failed to notify
an updated version of its data to RESTENA Foundation
within 30 days time.
(d) The holder of the domain name has ceased to
exist.
(e) The holder fails to respect any of its obligations
resulting from its registration contract as outlined
here above.
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RESTENA Foundation does not accept
any responsibility for the use of any domain name
on the register of LU domain names and in particular
for any conflict with trade marks, registered
or unregistered, or with rights to names in other
contexts. RESTENA Foundation is hereby expressly
exempted from any and all responsibility for the
verification of rights to a name. The applicant
indemnifies the registry against any claim that
the registration of the domain name or the manner
in which the domain name is directly or indirectly
used infringes the legal rights of any third party
and indemnifies the RESTENA Foundation against
any reasonable costs and expenses, however they
may arise, incurred in defending or dealing with
such a claim.
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In no circumstances will the
RESTENA Foundation be liable for any loss of use,
profit or interruption of business, or any indirect,
special, incidental, or consequential damages
of any kind regardless of the form of action whether
in contract, tort (including negligence), or otherwise,
to the registrant, even if the registry has been
advised of the possibility of such damages. RESTENA
Foundation's liability to the applicant is limited
to 125% of the registration fees paid in respect
of a particular period of registration.
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The applicant expressly accepts
that RESTENA Foundation is entitled to include
the data provided by the applicant in the WHOIS
database, where it can be accessed by every Internet
user. According to international standards, the
data has to be made public in order to guarantee
the proper functioning of the Internet. RESTENA
Foundation is expressly exempted from any liability
in case of any misuse of this data by any third
party.
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RESTENA Foundation is entitled
to set the domain name inactive (on-hold status),
in case, subsequently to the registration of the
name, the applicant's nameservers do not respond
properly to DNS queries (cf. art. 1 of the Terms
and Conditions).
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The domain name policy shall
be governed by and construed according to Luxembourg
Law. The courts of Luxembourg shall have exclusive
jurisdiction in connection with this domain name
policy.
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The registration contract between
the entity and the RESTENA Foundation will become
effective when the registrant has received a written
confirmation by the RESTENA Foundation that the
request has been registered.
The entity seeking registration of the aforesaid
domain name expressly accepts articles 3, 4, 5,
6, 7 & 8 of the present appendix.
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