General Terms and Conditions (GTC)

1.1. The following definitions are used in this agreement:

1.1.1. "We", "Us" or "Our" refers to Domain Trustee Germany (DTG) and is a registration and trustee service for Internet domains with a registered office in Germany, which includes, but is not limited to, the administration and sale of domains.

1.1.2. "You" or "Your" means the person who enters into this agreement with us and uses our products and services.

1.1.3. "Domain" or "Domain" is the subject matter of this agreement and means an Internet address consisting of a name and a suffix (TLD), for example: "my-domain.com".

1.1.4. "Domain Name Server" means computers that provide specific translation information in a Domain Name System (DNS). Among other things, a name is resolved into an IP address.

1.1.5. "Domain Registry" means an organization responsible for coordinating the management of the DNS to ensure universal resolvability so that users of the Internet can find all valid addresses.

1.1.6. "Domain Registrar" means a commercial registrar approved by the domain registry to reserve domain names and is responsible for ensuring that the domain owner can use the domain as an Internet address for his or her website.

1.1.7. "Registrant" means a natural person or a company that is registered as the legal owner in a domain registration.

1.1.8. "Contact Information" means the information provided by a person when registering a domain with the registrar, including: the registrant's first and last name, mailing address, and email address.

1.1.9. "Whois" is a search tool whereby a registrar's whois database can be searched to find information about a domain owner.

1.1.10. "Whois Privacy" is a privacy measure whereby the domain owner's data is replaced with the data of a third party contact or organization to protect the domain owner's data from misuse.

1.1.11. "Expiration Date" means the date specified in the registrar's whois database for the expiration date of a registered domain.

1.1.12. "Auth Code" is a secret code with a short life span that is exchanged between two registrars in order to be able to move a domain from one registrar to another.

2.1. As part of our trustee service, you entrust us with the registration and management of your domain, which ensures, among other things, the protection of your personal data at the registry. We undertake to register your domain if it is still available, to renew it in a timely manner and to protect it from unlawful takeover by third parties.

2.2. If you use our trustee service, you agree that we will act as the representative owner of your domain and register ourselves as registrant in the registrar's whois database. To be noted:

2.2.1. You remain at all times the legal owner of the domain and assume full responsibility and liability for the use of the domain;

2.2.2. internally, you will be treated as the legal owner of the domain and may withdraw our right to manage the domain for you at any time by terminating the agreement or moving the domain to another registrar by requesting an auth code from us.

2.3. we will clarify with you personally or with your representative all questions regarding the domain, especially regarding renewal, moving and deletion of the domain. For all open questions about the domain, you will be contacted by email or by mail and must respond to us in writing within 7 days.

2.4. Once you register a domain with us under this agreement, the following data for your domain will be recorded with the registry and will be partially available for public inspection:

2.4.1. our name and postal address as registrant;

2.4.2. our email address, postal address, telephone and fax numbers as technical contact, administrative contact and billing contact;

2.4.3. the primary and secondary domain name servers (DNS), which you can determine yourself;

2.4.4. the original registration date and the expiration date of the domain;

2.4.5. details of the domain registrar who has been contracted by us to register the domain and with whom we have a contract as domain reseller.

2.5. The trustee service is concluded for an indefinite period of time and will only end by a termination of the contract by us (see clause 5) or by you personally.

3.1. You agree and acknowledge that when registering domains through us:

3.1.1. provide and update accurate and current contact information at all times:

3.1.1.1. the email address, postal address, telephone and fax numbers of the technical, administrative and billing contact;

3.1.1.2. the primary and secondary DNS servers that you can set for each domain so that the domain is always connected to an Internet server.

3.1.2. pay the registration and administration fee on time and no later than 14 days after receiving the invoice to ensure uninterrupted funding of the service by us.

3.2. You will:

3.2.1. respond within 7 days to all requests made by us to manage the domain;

3.2.2. respond within 7 days to any requests we make to determine the validity of information you provided to us when you entered into the agreement;

3.2.3. respond within 3 days to correspondence we receive that is either addressed to the operator of the domain's website or concerns the domain itself;

3.2.4. indemnify us from any liability and from any claims, demands and costs (including expert's and lawyer's fees) and fines resulting from any illegal or unauthorized use of the domain.

3.3. You refrain:

3.3.1. any actions that indicate illegal or unlawful conduct;

3.3.2. concealing, falsifying, or shortening your personal information;

3.3.3. publishing our contact details, which we used for your domain registration, on your website, e.g. in the imprint, in order to pretend that we are the operator of the website.

4.1. You represent and warrant that all statements made and information provided by you under this agreement:

4.1.1. are true, complete, current and accurate;

4.1.2. will be maintained in this condition throughout the term of the agreement.

4.2. You assure and guarantee:

4.2.1. that you will use our trustee service with good intentions and will not misuse it for illegal or unlawful activities;

4.2.2. that the domain name itself or the content of the website to which the domain is linked does not infringe or conflict with the rights of third parties or the trademarks or trade names of third parties;

4.2.3. that you will not engage in any illegal or morally reprehensible activities related to the domain, such as sending spam emails or unauthorized use of content from other websites.

5.1. You acknowledge and agree that we have the absolute right, in our sole discretion and without any liability to you, to suspend or terminate the Service for any or all domains:

5.1.1. if required to do so by law, governmental regulations or requirements, governmental authorities or a court order;

5.1.2. if we believe in good faith that such action is required by law;

5.1.3. in accordance with any legal process served on us;

5.1.4. to settle all threatened or raised claims of third parties resulting from improper use of a domain;

5.1.5. to avoid financial loss or legal liability (civil or criminal) on the part of us, business partners or employees;

5.1.6. to protect the integrity and stability of the respective registry;

5.1.7. to comply with a dispute resolution policy;

5.1.8. if we believe that you are using our service for illegal, unauthorized, morally reprehensible or harmful activities;

5.1.9. if the domain registered by us on your behalf infringes a trademark, trade name or other legal rights of a third party.

5.2. You further acknowledge and agree that in the event that we receive a formal complaint, notice of claim in connection with any legal proceeding, or in relation to any dispute resolution policy, the subject of which is your domain, we shall have the right to suspend the service pending resolution of such matter, which will expose your personal information in the whois database and terminate the whois data protection. In addition, if you do not actively cooperate in a resolution or refuse to cooperate, we have the right to terminate the contractual relationship with you with immediate effect.

5.3. You have the right to terminate the contractual relationship with us at any time:

5.3.1. you can submit a cancellation request either by email or by mail, which will allow us to assist you with any further steps;

5.3.2. you can initiate the transfer for your domain to another domain registrar and request an auth code from us, which automatically corresponds to a termination of the contract for the corresponding domain.

5.4. Since the subject of the contract is a domain registration and a whois protection, both the domain and the whois protection will be deleted upon termination. If you wish, we can help you to move your domain to another domain registrar in case of termination, otherwise the domain will be deleted after termination of the contract and released for new registrations.

5.5. If you cancel our service for a domain, your personal data known to us will be entered at the domain under contact data and thus the whois protection of your data at the registry will expire.

6.1. You agree to indemnify, defend, hold harmless and hold harmless the applicable registrar, its parents, subsidiaries, affiliates and partners.

6.2. If an independent expert determines that damage has occurred due to our error or failure to provide a warranted service, we shall be liable up to EUR 10,000 per claim.

6.3. If you have demonstrably misused our service, you must pay us a contractual penalty of EUR 5,000. We also reserve the right to take legal action against you and, depending on the severity of the violation, to terminate the contract immediately.

7.1. No refund will be made after the guaranteed service has been provided or in the event of extraordinary termination. A refund is only possible in case of a written ordinary termination within 14 days after conclusion of the contract and only if the service has not yet been provided.

8.1. You agree and acknowledge that:

8.1.1. we forward to you communications relating to any or all of the circumstances set out in Clauses 5.1 and 5.2 which are addressed to your domain and which are received by us by email, post or fax;

8.1.2. we will not, subject to clause 8.1.1, forward any other communications to you (whether delivered by email, post or fax) and you further authorize us to either discard or return any such communications unopened to the sender.

8.2. You agree to waive any claims arising from your failure to receive communications directed to your domain but not forwarded to you by us.

8.3. We reserve the right to pass on to you the reasonable costs incurred by us outside our administrative tasks. Such tasks include everything that causes a manageable amount of personnel and non-automatable work on our part.

9.1. It is not permitted to use our service to disguise one's identity with the intention of using the domain for criminal or other illegal purposes. If we can prove such activity to a customer, the contract will be terminated with immediate effect, furthermore there is the risk of a contractual penalty, see clause 6.3 and legal consequences.

9.2. You are fully liable for all damages resulting from the improper use of our service. In addition, you agree to indemnify us from any claims, demands and costs (including expert and attorney fees) and fines.

9.3. If you have been the victim of a criminal or illegal act by one of our customers, please contact us at: [email protected] by email and describe the incident in full detail so that we can take appropriate action immediately.

9.4. We will only process abuse cases if we can actually determine misconduct by one of our customers. If the abuse report does not contain enough details or comes from a questionable source, we are entitled to discard the request.

10.1. We reserve the right to change the terms of the contract, including this agreement, at any time. The changes will be published by email and on the website and will take effect immediately.

10.2. If any provision of this agreement is unenforceable or invalid under applicable law, such provision will be replaced by a valid and enforceable provision that matches the original provision.

10.3. The section headings in this agreement are for convenience and clarity only and are in no way intended to define, limit, interpret or describe the scope or extent of, or in any way affect, any such section.