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domains,web design,web hosting  DOMAINS: Terms of Service for Power of Attorney Agreement

DOMAINS, DOMAIN NAMES


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:-

  1. 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").

  2. 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.

  3. All Registry fees will be paid by the Client to the Registry.

  4. Agent fees will be paid by the Client to the Agent against invoice(s) issued.

  5. All bank charges, transfer fees and currency conversion fees will be paid by the Client.

  6. Late payment of fees to the Agent will result in the Agent withdrawing as Administrative Contact and the registration of the domain name lapsing.

  7. 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).

  8. 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":-

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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).

  8. 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.

  9. 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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