Terms & Conditions

Here you can find the current Ts&Cs and Privacy Policy of Key-Systems/dd24

Terms & Conditions
Privacy Policy
Domain registration agreement
TLD Policies
Webhosting and Mailhosting agreement
The right to withdraw
Registrant rights and responsibilities
Trademark Clearinghouse Service

Terms & Conditions

Terms and Conditions
November 2012

1. Contractual bases

1. All services of the company Key-Systems GmbH – in the following Key-Systems or KS – are provided on the basis of these terms and conditions, the information provided on the website of Key-Systems and other terms and conditions referred to in these conditions.

2. Customers terms and conditions as well as individual agreements are only valid if Key-Systems has provided their consent in written form.

3. Key-Systems may modify these terms and conditions, the registration agreement, the terms of use and the price lists at any point in time. Key-Systems is obliged to inform the customer of the terms and conditions change by mail or email unless such notification requires unreasonable efforts. The customer may object to these modifications within 14 days starting from the notification. Should the customer object, Key-Systems may terminate the agreement within 14 days or, at our choice, at the next possible termination date. The new terms and conditions are accepted by the customer if the customer does not object.

4. The customer is obliged to review and save these terms and conditions, as well as the respective appendixes which are relevant to the customer. Key-Systems will keep a current version of these terms and conditions available on their websites.

5. The customer undertakes to maintain complete and accurate contact information in his user account at all times. Key-Systems is authorized to verify the information or to request evidence and to terminate the account upon detection of incorrect or incomplete data.

6. The customer agrees to Key-Systems sending important notifications by email. The email address entered in the customer account must therefore be kept current and checked at regular intervals. Key-Systems is not responsible for customers not taking notice of messages sent to the email address provided by the customer.

7. By initiating an order through Key-Systems and/or by executing electronic actions the customer declares that he has the proper authority to place orders either for himself or as properly authorized representative of his organisation and that he agrees to the terms and conditions, contractual terms and registration agreements in all parts.

8. In case of orders for or in the name of third parties, the customer remains the only contract partner of Key-Systems. Our terms and conditions, contract terms and general registration rules shall also apply to the third party; the customer is obliged to bind the third party to abides by the required code of conduct and duties and pass on these terms to the third party.

2. Contract

1. The Key-Systems webpages constitute an invitation for customer contract applications. The content of the webpages is subject to change without notice. A contract can be concluded by either written or electronic confirmation of the application by Key-Systems or by fulfilment of the order. Mere use of the website or confirmations of receipt of an order shall not result in an agreement with Key-Systems.

2. In case the order is only partially deliverable, then the customer will also accept partial delivery.

3. The object of the agreement and scope and description of services shall be defined by the specific agreements.

4. The customer is obliged to check the order confirmation from Key-Systems and must contact Key-Systems immediately in case of errors or mistakes.

5. The right to withdrawal and to return in case of distance selling agreements (§ 312 BGB) is excluded for contracts to supply goods, which are manufactured according to customer specifications or clearly tailored to personal needs, as well as services where Key-Systems has immediately begun at the request of the or where the value is already accrued to the customer. The customer agrees that Key-Systems immediately shall immediately begin with the performance of the order or service. Such customized service is especially the case with the registration of individually specified according to customer requirements of the domain name. In addition, we refer to our informations on the right of withdrawal.

3. Domain and hosting services

1. For the use of services relating to the registration or management of domain names our registration and management terms for domain names (Registration Agreement) additionally apply as well as, if applicable, the registration requirements of ICANN and the respective registries which shall be considered part of the agreement.

2. For the use of hosting or email services the hosting service terms of Key-Systems additionally apply and shall be considered a part of the agreement.

4. Duration of contract and termination

1. The term of a service follows the accounting periods laid down in the specific agreements. Unless otherwise agreed or if the service description indicates otherwise, a standard term of 12 months applies to all services.

2. Agreements with a minimum term of 12 months are automatically renewed for another 12 months if they are not terminated with a notice period of 3 months to the expiry date, unless agreed otherwise.

3. Agreements with a term of less than 12 months shall be automatically renewed by their respective minimum term, unless they are not terminated with a notice period of 1 month before the date of expiry, unless agreed otherwise.

4. Servicesthat are currently provided free of charge can be suspend or be made chargeable at any time, upon prior announcement by Key-Systems, provided Key-Systems grants a right of special termination to the customer.

5. Both sides can cancel the contract for important reason. An important reason for Key-Systems is particularly assumed to exist when the customer

is in delay of submitting the fee in the amount of one monthly fee for contracts which have a minimum duration or where a certain duration time period has been agreed upon,
is in more than 20 calendar-days delay of submitting the payment for contracts with an undefined length,
culpably violates duties of the contract or these terms and conditions,
by the use of the respective service obviously violates valid rights,
does not modify the use of the service within appropriate period in such a way that they meet the requirements regulated in the terms and conditions despite having received a warning; or
culpably or negligently acts contrary to the terms and conditions of the agreement or the registration policies of the registries (if applicable).
In these cases the customer loses all rights to the service.

6. The customer will be informed by e-mail about the obligation to pay the renewal fees prior to the end of the contractual term . In the case of non payment at least 3 days prior to the expiration date the customer will lose all rights to the performance of the service.

7. If the customer did not terminate the contract on time and the customer has either identified his payment method to be credit card or bank debit and provided current and valid payment details, then the due amount 10 days will automatically be charged prior to the expiration and the agreement will be renewed accordingly. The same applies if the customer has sufficient funds or credit in his account.

8. In the event of premature termination of a service no prorated refund of the consideration is paid for the remaining period, unless the termination is caused by Key-Systems culpably or through gross negligence without legal basis. This also applies to other services or additionally booked options as well as termination for cause and termination due to binding decisions in domain name disputes.

9. Cancellations notices are only accepted in written form, which shall include faxed messages.

5. Pricing

1. The prices for services of Key-Systems and for third-party services mediated by Key-Systems are published without engagement on the websites; these prices can be changed at any point in time. This also applies for charge-free services.

2. Prices are only valid for the actual price on the day of the conclusion of contract or of the contract renewal.

6. Payment

1. Payment can be made by bank debit order for a German bank, credit card (VISA, Mastercard, AMEX, Eurocard), by wire transfer, by Paypal payments or by sending a check drawn to a German bank. Key-Systems reserves the right to restrict payment methods available on a case by case basis.

2. Usage-based fees will become due immediately upon invoice unless another due date is agreed upon. Other charges must be paid in advance by the customer.

3. Execution of the tasks will only start after a successful credit card payment, by direct debit, or - for payments by check or bank transfer - are introduced to the account of Key-Systems on receipt of the amount. All transaction costs must be covered by the customer. The customer has no right to fulfilment until payment is received in full.

4. If the customer fails to submit payment until the due date despite a reminder of KS, he is in default. In other respects, the statutory regulations for default shall apply.

5. Customer agrees that he will lose all rights to a service in case that payments are not submitted or not submitted in full or in the case of a charge back by their bank or credit card company, credit card fraud or any other reversed payment.

6. Invoices are published in the account of the customer as well as sent by e-mail, unless another procedure is agreed upon. Should the customer wish to receive an invoice by regular mail then Key-Systems has the right to charge EUR 3 for each mail delivery.

7. The payments for services is also not refundable in case of disruptions in the service due to force majeure or other causes outside the realm of Key-Systems responsibilities.

8. Prepayments for services which could not be rendered will be credited to the customer account and can be refunded at any point in time or be automatically used for open orders for which no payment has occured. The customer will cover all costs of this refund.

9. If a bank debit is denied by customer, or denied by the bank due to insufficient funds, or a chargeback be initiated for any reason, the customer is liable for the bank costs, currently EUR 3, plus an additional processing fee of EUR 10 per failed bank debit or chargeback. In addition, the customer irrevocably authorizes his bank to communicate to Key-Systems or their agents the name and address of the customer.

10. Per justified due payment reminder Key-Systems is entitled to demand to the costs incurred which currently amount to EUR 3, plus a handling fee of EUR 8. Key-Systems is also entitled to cease all services after unsuccessful reminder without notice and to block the access of the customer to his account(s).

11. The customer can only offset his own claims against claims of Key-Systems if these claims have been accepted by Key-systems in writing.

12. In case of default on payments, Key-Systems may charge an annual interest of 9% above the current base interest rate according to § 247 BGB, or if the customer is a consumer, an annual interest rate of 5% above the current base interest rate.

7. Liability

1. As a condition of the customer’s access and use of the services of Key-Systems the customer agrees to defend, indemnify, save and hold harmless Key-Systems, agents, partners, ICANN, the respective central registry as well as all persons involved in rendering of the service in respect to all claims, demands, liabilities, costs and/or expenses resulting from an illegal use of the service, of the domain name registered by the customer or the content provided on a registered domain. In the event of a claim, customer has the right to prove Key-Systems, that claims in the context of the exemption have not occured in the demanded extent or not at all, and / or the customer is not responsible.

2. Neither Key-Systems, its agents, partners, ICANN, the respective central registry nor any person involved in the rendering of the service will be liable to the customer or any third party for any direct or indirect loss of profits, earnings or business opportunities, damages, expense, or costs resulting directly or indirectly from any failure to perform any obligation or provide service hereunder because of any Force Majeure, or governmental acts or directives, strikes, riot or civil commotion, war, any natural desaster, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force or condition beyond Key Systems‘ reasonable control.

3. Key-Systems cannot be held liable for delays of services and server downtimes due to force majeure, fault of third parties or due to events which Key-Systems has no influence on, despite any agreed upon deadlines and dates. Key-Systems is authorized to postpone the provision of services and/or delivery by the duration of the respective disruption plus an appropriate starting time. Furthermore Key-Systems can limit access to the service if the stability and security of the operation, the maintenance of the net integrity, in particular the avoidance of serious disturbances of the network, the software or stored data require such action. Key-Systems is not obligated to review or monitor the use of the service by the customer to ensure their legality.

4. For all services of Key-Systems´s liability will be limited to intent and gross negligence if and as much as it is legally permitted. In case of paid services adhesion is limited by KS with negligence and rough negligence to the amount of the payment which can be paid in each case from the customer for the respective achievement and/or achievement period. For free services the liability of Key-Systems is limited to cases of minor negligence and to an amount of 25 EUR for each single case or 100 EUR for all cases. In any other case the liability of Key-Systems is limited to damages typically forseeable at the time the agreement was first concluded.

5. The customer agrees to keep all passwords and access data received from Key-Systems for access to our services secret and to inform Key-Systems once he receives any information about unauthorized parties gaining access to these passwords. The customer acknowledges that he is responsible for any orders or statements issued with his user-identification and that he bears the risk of unauthorized use of his access data. Should unauthorized third parties use Key-Systems services while using his account, the customer is responsible for all fees and damages. Key-Systems may lock access to an account if there is sufficient reason to assume it is used by unauthorized parties. Key-Systems will inform the customer without delay of any such measure taken.

6. In case of allowed use by third parties or resale of products and services of Key-Systems to third parties, the customer is liable for any claims resulting from violations of the contract terms by the third party and shall indemnify KS in full from all claims resulting from the use of the service by the third parties.

8. Data and protection of data

1. For carrying out the services the storage, processing and use of personal data of the customer is necessary. This is done within the scope of the legal data protection regulations. Additional information on this is provided in the data protection guidelines of Key-Systems which are deemed to be part of these terms and conditions.

9. Final clauses

1. Modifications or changes of terms or conditions or the contract, as well as cancellations will only be accepted in writing, oral agreements shall not be considered valid. This also applies to terms and conditions of customers unless KS expressly agrees to accept such terms in writing.

2. For commercial customers and legal entities in Germany, as well as for all customers without permanent residence in Germany, St. Ingbert/ Germany will be the exclusive place of jurisdiction, as well as the place of fulfilment.

3. For the contract between Key-Systems and its customers German law is the only effective law. U.N. purchase law shall not apply.

4. If any provision of these terms and conditions shall be or become unenforceable and/or invalid, such unenforceability and/or invalidity shall not render these terms and conditions unenforceable or invalid as a whole. Any provision determined to be unenforceable or invalid shall be replaced by provisions which are valid and enforceable and closest to the original objectives and intents of the original provisions in an economic and legal sense that would have been agreed upon by the parties, had they known of the invalidity at the time of the agreement. As far as legally possible Key-Systems shall replace the clause in the above mentioned extent.

5. Both, the English and German version of these terms and conditions are valid and binding. In case of doubt or conflict, however, the German version will prevail.

Privacy Policy

Basic information about the handling of your data transmitted to us. (Basis: ICANN Model Privacy Policy) www.icann.org/registrars/model-privacy-policy.htm

On our website you are requested to transmit information

about the registration of a domain name/li>
about the update of a previously registered domain name/li>
about the provision of web/ and mail space or/li>
in the context of other services

In order to register domain names you have to indicate the name of the desired domain, your name and address ( or the name and address of the people, for whom you apply the registration ), the technical information about the computer where the domain shall be maintained and the name, address, email address, phone and - if provided – fax number for the technical, administration and billing contact of the domain. After the domain has been registered you are obligated to keep this data up to date. If you have questions we will ask you for information about the name, calling number and email address.

Wherefore do we need this data?

The data you transmit to us upon registration ( or data for correction respectively update of registrations ) is required so that the domain name can be assigned to your computer on the internet,for establishing a contractual relationship between you and Key-Systems and for invoicing,so that we can manage your account properly and inform you about the expiration of the reservation of the domain and a necessary renewal,in order to make it possible for other internet user or operators with the purpose of clarifying issues related to the domain name in question to get in contact with you.Data information is also being filed in the context of a “data escrow” program in order to prolong the domain in case the registrar ceases its activity of registering and managing domain names. If you forward a question to us, we require contact information for the response.

To whom do we forward these information?

We forward data for the registration or update respectively correction of domain names to our staff and consultants, to the administrator of the central data base who operates the top level domain you have chosen ( please see the the TLD terms of registration in order to determine the registry in charge ), to operators and user of the central internet whois data base regarding your domain registration, to the Internet Corporation for Assigned Names and Numbers (ICANN) as a technical coordination authority, to “escrow – agents”, auditors, “Whois” - service provider and as the circumstances require to registrars nominated by ICANN as an alternative. Information you supply us with in the context of queries can be forwarded to our staff and consultants and – on demand – to ICANN.

Further data usage

Key-Systems will use the data with the purpose of advertizement, customer advice or market research only to a necessary extent and with the customer's prior consent. The customer may revoke his consent in written form at any time. Key-Systems GmbH is entitled to disclose information to prosecuting authorities and courts if required by law for the purpose of legal prosecution.

Access to information, correction and update

You are encouraged to update all false or invalid data of your registration. You have access to your data through the sites “changes / transfers” on our homepage; by the use of these sites you also have the possibility to correct your data

Information about third parties

By transmitting information about one or more third parties ( e.g. about someone, in whose name you register a domain or for whom you provide information about technical or billing contacts ) you vouch for the person in question being informed by you about the usage of the transmitted data respectively the data to transmit and the number of data recipients. Furthermore you vouch for the person in question being informed about the possibility of access to the information and the obligation to keep the data updated as well as you vouch for the person in question having consented to this.

Traffic data

Traffic data, thus data being collected and used to measure the amount of usage of a telecommunication service, will only be collected insofar it is necessary for the purpose of performance of services and invoicing. Data will not be stored longer than six months above the necessary time for invoicing, unless the customer requests a longer storage time within the scope of a statistics function.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. (Google). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website ( including your IP address ) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do so you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Further information

On your demand we instantly furnish particulars free of charge about your filed personal data. Please contact us in written form: Key-Systems GmbH
Im Oberen Werk 1
66386 St. Ingbert
or via email to: support@domaindiscount24.com

Change of data protection information

Please take into account that the data protection information may be changed at any time with due regard to the valid data protection regulations. The valid version is the one being available at the time of your visit.

Domain registration agreement

Registration and management conditions for domain names
(Registration Agreement)
(November 2012)

1. General

1. This agreement identifies the rights and obligations between the Key-Systems GmbH ("Registrar") and the domain holder ("Customer") or its agent or representative for domain names that are registered and managed at the Registrar by the domain owner or on his behalf.

2. Customer is aware that Registrar is an official registrar for domains, accredited by the Internet Corporation for Assigned Names and Numbers (in the following ICANN) as well as other national and international registries. In the provision of domain name registration or management services Registrar acts as a mediator between the customer and the organizations responsible for the management of the central databases. Registrar has no influence on the fact that the domain names applied for the customers can be registered and/or are freely from third party rights. Registrar cannot guarantee for this and for the continued registration of the domain names.

3. The various top-level domains are administered by various different, national or private organizations ("registries"). Both ICANN and each of these organizations have their own terms and conditions relating to the registration and use of the domain names, as well as the proceedings in domain name dispute matters. Registrar is required to pass on these terms and conditions and dispute policies to its customers. By initiating an order for a domain registration or domain transfer, Customer declares to be aware of the existing and current registration conditions of ICANN and the relevant competent organization and accepts them as an essential part of this agreement.

4. Customer further acknowledges that registry policies of the relevant registries or ICANN policies may change from time to time and that he will keep himself informed about the current rules and either accept those changes or delete the corresponding domain name. Registrar will provide information on essential changes in its newsletters and will provide a link to the most current policies on its website.

5. Customer acknowledges that the registration of a domain name may be cancelled at any time due to violation of registry policies. He agrees in particular to any cancellation, deletion or a transfer of the domain name in accordance with a condition or registration policy of the responsible registry or according to a measure of Registrar or the registry which does not violate ICANN policies, provided that it is carried out by the Registrar or the registry operator (1) to correct errors during the registration, (2) to remove disputes which concern the registered domain names or (3) on account of a violation of the registration policies.

6. Registrar can modify this registration agreement at any point in time. Registrar is obliged to inform Customer of the change of the terms and conditions by mail or email unless such notification requires unreasonable efforts. Customer can object to these modifications within 14 days starting from the notification. Should the customer object, Registrar may terminate the agreement within 14 days or, at our choice, at the next possible termination date. The new terms and conditions are accepted by Customer if Customer does not object.

7. If Customer registers a domain name for a third party, he must ensure before ordering that the third party knows and accepts all the relevant policies and registration terms and conditions. Customers who act as resellers or distributors are obliged to transmit these conditions completely and oligatory to their customers and to document their approval by appropriate evidence. The policies of the registries applying to the Registrar apply accordingly for the customer acting as a reseller. Prior to a termination or change of the domain ownership data, the validity of the termination or modification with respect to the third party must be ensured. Transfer requests of the third party must be treated in accordance with the transfer policies of the appropriate registry. Customer undertakes to keep as evidence of the customers agreement suitable documentation and prove the legality of the actions performed for the third party to Registrar at its request.

8. If Customer registers a domain name through a third party, agent or distributor, he accepts to let all acts and omissions of these parties to be considered as his own actions in all respects. Customer explicitly authorizes these parties to undertake administrative actions for him with regard to his domain names registered with Registrar.

9. In the event that Registrar can not maintain the registration of a domain name of Customer, in accordance with the policies of the registry, Registrar shall be entitled to an extraordinary termination of the registration agreement with Customer with a 14 days period to the end of month.

2. Registration and transfers of domain names

1. By requesting a registration and / or transfer a domain name by / to Registrar, Customer authorizes Registrar to carry out on his behalf all entries and changes, which he carries out online by Registrar (eg DNS Updates, WHOIS-Updates, other domain configuration) directly in real time with the respective registry. Registrar is entitled to cancel unwarranted operations.

2. Customer undertakes to guarantee that the applied-for domain name and the intended use of the domain name do not impair the rights of third parties, further that there are no other legal or factual obstacles in conflict with the registration, further that the chosen name is not contrary to morality, that the registration request occurs in knowledge and consideration of the guidelines and policies of the relevant registry and that he is authorized to request this operation. Registrar is not obliged to verify this authority. Registrar may reject any application to register or transfer of a domain name without reason.

3. Customer acknowledges that the domain name registration is usually done on a "first-come, first-served" principle. Registrar shall give no guarantee for a successful allocation of ordered domains and becomes free from the duty to perform the service in case of impossibility of the order.

4. An initial application for the provision of domain names and transfer of domain names from another registrar, the term of the registration can be from one to ten years depending on the domain name.

5. By applying for a domain transfer from another provider to Registrar, Customer confirms that he is authorized to dispose of the domain name. After the transfer the domain owner is obliged to review the accuracy of the data entered in the Whois of the domain name and to correct them if necessary.

6. By requesting a transfer of a domain name to a third party ("change of ownership"), Customer confirms that the third party has expressly agreed the change of ownership and the terms of this agreement. Otherwise Registrar is entitled to cancel the change of ownership.

7. Concerning registration of multilingual domain names or under newly introduced top-level domains Registrar does not have any control of these registrations and it might be possible that the service will be modified, interrupted or even terminated by the registry without prior notice. Registrar has no obligation to guarantee the continuity of the existence or availability of domain names and registration is performed at the own risk of Customer. Customer acknowledges that the functionality of domain names may not be the same as in regular domain names. Furthermore Customer also acknowledges that a domain name may potentially not function fully due to the introduction of necessary new technical features.

8. Customer expressly agrees to the immediate execution of the service by Registrar. The registration of a domain name is a service provided in accordance to customer specifications. The right to withdraw from the agreement or to returns in distance contracts (§ 312 BGB) is therefore excluded.

3. Domain owner data

1. The customer is commited to supply Registrar with the following information and data for the purpose of forwarding to the registry and possibly for the purpose of publishing in the public WHOIS of registered domain names. By entering and changing the data in the online-interface Customer assures that his information is correct, complete and truthful. This concerns in particular:

Current and complete information about the full name or name of a legal person, mailing address, e-mail address, voice telephone number and - if available – fax;
The IP address of the domain name server (primary and secondary server) and the name of these servers;
the full name, postal address, e-mail address, voice telephone and fax number of the administrative contact, the technical contact and the billing contact.

2. The necessary information and data may vary depending on the TLD. As far as more data is required, this data must be provided during the registration process or alternatively delivered upon request from Registrar.

3. The information and data has to be updated when necessary, incomplete data must be completed. Customer acknowledges that the provision of false data can directly lead to loss of rights from the service without refund. This also applies in the event that Customer does not comply with any request of Registrar to correct the data or provide proof of its accuracy within the time allowed.

4. By providing data of a third party Customer confirms that he has informed the third party about the provision and use of the data and that the third party has expressly agreed with this provision and use.

4. Renewals of Registration

1. Renewals of registration are possible for 1 to 10 years depending on the domain name.

2. A contract for the registration and administration of a domain name shall be renewed automatically for another 12 month term at the end of the registration period if it is not terminated with a notice period of 3 months prior to the date of expiry, unless agreed otherwise.

3. For renewals the price list at the renewal date is applicable.

4. Customer will be informed by e-mail of his obligation to pay for the renewal in accordance with the provisions of ICANN or the respective registry in time before the end of the registration period. If Customer does not terminate the contract on time and Customer has either identified his payment method to be credit card or bank debit and entered current and valid payment details, then Registrar will automatically charge the due amount 10 days prior to the expiration date and the contract will be renewed accordingly. Customer is solely responsible for ensuring the timely receipt of the fees applicable or for the functioning of the chosen payment.

5. Termination of the management

1. If the fee for a renewal of a registered domain name is not received 3 days before the expiry of the contract period, Customer loses his rights to the domain name. The same applies in the event of a chargeback of a payment for a domain name or a functionality failure of the selected payment method.

2. In the case of domain names cancelled by the customer, of domain names not extended at the time of expiry despite of a reminder of the pending expiration, or non-payment of renewal fees, Registrar is authorized to deactivate this domain name at its own discretion or to change the DNA entries ("deactivation"), to return it to the Registry for the purpose of deletion or continued management at the registry ("deletion") or to dispose, to auction, to transfer to third parties, to take over in his own continuance ("utilisation"). Registrar will begin to undertake such actions no earlier than 14 days after the expiration of domain names with a Renewal Grace Period, or upon expiration of domain names without such a period. Customer agrees that the termination or non-renewal of the domain name or non-payment of due renewal fees shall constitute his consent to the actions described above as well as a renewal of the domain name to the extent necessary for their undertaking provided that Customer does not contradict expressly before the term end and no contrary agreement exists.

3. After the utilisation of a domain names Registrar may in its own discretion to provide Customer with a share of the net proceeds of the utilisation. The net proceeds will be credited to the customer account. For the purposes of this segment "net proceeds" shall mean the proceeds which the Registrar receives from another party or a third supplier as a result of the utilisation, minus the costs linked to the utilization borne by Registrar. The customer agrees that no legal claim exists to any part of the net proceeds. Also Registrar makes no guarantee for the fact that any utilization will result in any net proceeds.

4. Regardless of the regulations here and in the general terms and conditions both sides can terminate the agreement for important reason.

a) An important reason for Registrar is given in particular when Customer
- is in delay of submitting the fee in the height of the monthly fee for a contract which has a minimum duration or for a contract where a certain duration time period has been agreed upon;
- is in more than 20 calendar-days delay of submitting the payment for a contract which has an undefined length;
- culpably violates duties of the contract, against the Registry Policy or these terms and conditions, particularly by provision of false registration data;
- violates laws, rules or good morals with the content offered on the domain or the domain name itself, and despite warning does not modify the contents in such a way that they meet the requirements regulated in the terms and conditions within reasonable time, or
- acts contrary to the terms and conditions of the Registration and the registration policies.
b) Another important reason reason exists, if
- the accreditation of Registrar ends for a top level domain under which the domain name is registered and the Registrar can not guarantee to continue the registration under the same conditions.
c) In these cases Customer loses all rights.

5. Customer is entitled to transfer the domain name to another provider. Registrar may refuse such a transfer, subject to the conditions set by the registry or ICANN reasons for refusals of transfers. A transfer within 60 days of registration or a prior transfer is prohibited.

6. Recovery and reactivation of domain names

1. If and as far as a registration authority permits the recovery ("Restore") of previously deleted domain names or domain names returned to the registry in certain TLDs and provided Registrar offers that service in the respective TLD, this service will be provided at the request of the registered domain holder without obligation and with no guarantee of a successful recovery. The prices for this operation result from the price list. A recovery can only be performed when the account has a sufficient balance for the operation. A restore job can also only be processed if it arrives during business hours and with sufficient time prior to the final deletion by the registry. Should a restore action fail to be executed, the appropriate fees shall be refunded to Customer's account.

2. As far as Registrar offers the reactivation of a deactivated domain name before a utilization, Customer agrees to pay the reactivation fees plus the cost of renewal for such orders.

7. Domain dispute policy

1. Customer agrees to resolve and settle any domain name dispute according to the Dispute Resolution Policies of the respective registry or ICANN, if applicable. These policies can be reviewed on the website of Registrar or on the website of the respective registry, or ICANN. Customer will inform himself about the applicable Dispute Resolution Policy before initiating a registration request. The language of the arbitration rules may be different from the language of the agreement and can be written in the local language of the registry.

2. Customer accepts that Registrar as an accredited registrar may be bound to lock or cancel a domain or to transfer it to a third party in accordance with any decision of an Administrative Panel in accordance with the applicable dispue resolution policy unless Customer provides evidence within ten days after an Administrative Panel`s decision, that he has commenced a lawsuit against the complainant regarding the right to use the disputed domain name in a Mutual Jurisdiction.

3. For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) the legal domicile of Registrar.

4. During a pending administrative proceeding or during a period of 15 days after such proceeding is concluded or during a pending court proceeding or arbitration commenced regarding the domain name Customer may not transfer the domain name registration to a third party unless the third party agrees, in writing, to be bound by the decision of the court or arbitrator.

8. Liability

1. As a condition of Customer’s access and his use of the services of Registrar Customer agrees to defend, indemnify, save and hold harmless Registrar, agents, partners, ICANN, the central registry as well as all persons involved in rendering of the service in respect to all claims, demands, liabilities, costs and/or expenses resulting from an illegal use of the service, of the domain name registered by Customer or the content provided on a registered domain. In the event of a claim, Customer has the right to prove Registrar, that claims in the context of the exemption have not occurred in the extent demanded or not at all, and / or Customer is not responsible.

2. Neither Registrar, agents, partners, ICANN, the central registry nor any person involved in the rendering of the service will be liable to Customer or any third party for any direct or indirect loss of profits, earnings or business opportunities, damages, expense, or costs resulting directly or indirectly from any failure to perform any obligation or provide service hereunder because of any Force Majeure, or governmental acts or directives, strikes, riot or civil commotion, war, any natural desaster, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force or condition beyond Registrars reasonable control.

3. Registrar cannot be held liable for delays of services and server downtimes due to higher force, fault of third parties or due to events, which Registrar has no influence on, any agreed-upon deadlines and delivery dates nonwithstanding. Registrar may delay the provision of service and/or performance by the duration of the respective disruption plus an appropriate starting time. Furthermore Registrar can limit access to the service, if the stability and security of the operation, the maintenance of the net integrity, in particular the avoidance of serious disturbances of the network, the software or stored data requires it. Registrar is not obligated to review or monitor the use of the service by Customer to ensure their legality.

5. Customer shall compensate Registrar for any damages resulting from violations of the registration agreement, registration policies, and/or the terms and conditions and shall idemnify Registrar against all third-party claims based on the use of the services. This also includes the reimbursement of all reasonable costs of a legal defense if the registrar was threatened with legal proceedings due to the registration.

6. This includes in particular the use of a domain name by infringing a prohibition in law, the good morals as well as rights of third parties (trademark rights, name rights, copy rights, data protection rights etc.) or the active support of such violations, making available of content that of glorifies violence, inciting, racist or radical right-wing content, the instructions for criminal acts and content that are appropriate to degrade a third party or group of third parties in their human dignity (hatepages), the unauthorized intrusion into third party computers or computer systems, the distribution of malicious software, the forgery, the mailing of unrequested or undesirable e-mails for advertising purposes to third parties (Spamming). Customer is obliged to comply with all legal requirements and policies with the provision of pornographic and/or erotic content.

7. A registered domain name can be temporarily blocked or disabled if the customer offends applicable law or this arrangement in serious manner through the content made available under the domain name or if such an offence was made plausible and Customer does not react to the request to remove or adapt the content accordingly.

8. As far as a single domain name is canceled or transferred by Customer, due to violation of the registration agreement, due to binding decisions in domain name disputes or due to other causes specified in these conditions, no right to request for a free replacement domain or other reimbursement exists, provided that the termination was not caused illegally by Registrar in a culpable or grossly negligent manner. This also applies to other services or additionally booked options regarding the affected domain names.

9. Data sharing and data protection

1. Registrar advises (according to §33 BDSG) Customer of the fact also personal data is collected, stored and processed within the scope of the performance of the agreement and such data may also be provided to third parties involved in the performance of the agreement. This also includes the provision of the data in freely accessible databases (for example "Whois" databeses). Further information is included in the data protection policies of Registrar.

2. Registrar is authorized to process and use Customer's data to improve the range of offered services according to the needs of its Customer.

3. Registrar is entitled to permanently store the data required for billing purposes in accordance with the legal provisions.

4. In the event of police or governmental requests Registrar is entitled to transmit the data to such authorized requesting parties. The same applies for authorized third parties in cases of plausible claims of violations of their rights.

5. Customer has the right to request information on his stored personal data at any time free of charge.

6. Customer agrees that Registrar may send Newsletters for informational or marketing purposes to his email address.

10. Final clauses

3. For the contract between Registrar and Customers the German law is the only effective law. U.N. purchase law shall not apply.

4. If any provision of this agreement - or parts thereof - contradict the terms, conditions, policies or other arrangements of the relevant registries or ICANN, the provisions, terms, conditions, policies or other arrangements of the relevant registries or ICANN shall apply instead.

5. If any provision of these terms and conditions shall be or become unenforceable and/or invalid, such unenforceability and/or invalidity shall not render these terms and conditions unenforceable or invalid as a whole. Any provision determined to be unenforceable or invalid shall be replaced by provisions which are valid and enforceable and closest to the original objectives and intents of the original provisions in an economic and legal sense that would have been agreed upon by the parties, had they known of the invalidity at the time of the agreement. As far as legally possible Key-Systems shall replace the clause in the above mentioned extent.

6. Both, the English and German version of these terms and conditions are valid and binding. In case of doubt or conflict, however, the German version will prevail.

TLD Policies

Webhosting and Mailhosting agreement

Terms of use of hosting services
(November 2012)

1. General Provisions

1. The delivery and the provision of hosting services by Key-Systems GmbH is based on the general terms and conditions of Key-Systems and these terms of use.

2. The customer explicitly consents to the immediate initiation of the implementation of the service in question by Key-Systems accepting the order.

3. As far as the hosting services of Key-Systems are provided by third parties , Key-Systems will inform the customer about the contractual conditions of the third party. These will be considered part of these terms of use unless the customer terminates the hosting agreement within 14 days after receipts of the third party conditions.

4. Provided that hosting services are provided to a third party by customer, the customer remains the sole party to the contract with Key-Systems and is responsible for the use of the service and the compliance with these terms of use.

2. Obligations of Key-Systems

1. The specific service obligations result from the description of the service on the websites of Key-Systems. Key-Systems is entitled to extend the range of the service at any time as well as to undertake improvements or adaptions to technical developments.

2. In the provision of additional services free of charge the customer has no claim to such continued provision of that delivery in the future. Key-Systems is entitled to terminate such free of charge services after a reasonable announcement period as well as change the parameters of such services or introduce a fee.

3. The servers of Key-Systems are usually available 24/7 during 52 weeks of the year. Outages due to previously announced maintenance work shall not be affected.

4. Key-Systems provides direct technical support within their business hours and the framework of the agreed terms, and - in the event such an agreement has been made – under a service level agreement. Technical support for third parties, such as customer of the customer, is not provided.

5. By arrangement and for an additional fee Key-Systems may provide capacity for additional data transfer within the limits of the data center’s technical capability and with due regard to the service obligation towards other customers. Prices for such additional transfer capacity result from the price list. Unless no limitation of the data traffic has been agreed upon ( Traffic Flatrate ) the capacity of data transfers is being provided in accordance with the fair use principle and under the reservation of actual availability.

3. Renewal and termination of services

1. Contracts regarding the use of web- and mail space with set durations will renew automatically for another full term at the end of their term, unless they are terminated at a term of one month to the respective date of expiration and no other agreement has been made.

2. After the expiration of the service agreement Key-Systems is entitled to immediately suspend the customer's and the third party's access to the hosting service and to release the webspace used by the customer.

4. Customer's obligations as a result of the use of hosting services

1. By use of Key-System's services within the scope of web-hosting, server providing and collocation, customer is obligated to mark all content provided on his website as his own by indicating his full name and his address. The customer has been informed there may be a further requirements to designate legal responsibility required by law, for example if tele- or media services are offered on the website.

2. The customer may not offend legal prohibitions, the morals and the rights of third parties (brands, name -, authors -, data protection laws etc..), by means of the Internet-presence, placing banners on the website, the designation of his E-Mail address and the contents of his operational website. The customer is not allowed to enter his website in Search-Engines as long as the customer uses key-words which could violate legal prohibitions, the morals and rights of third parties.

3. Similarily, the offering of viruses, of content that glorifies violence, that incites people, racist or right wing extremist content, incitements towards criminal activity as well as content directed at debasing the human dignity of others (Hatepages) is prohibited.

4. The use of the service for actions which violate legal prohibitions, offend the good morals or third party rights is prohibited and the customer has to refrain from taking such actions. This includes the unauthorized infiltration into third party computers or computer systems, port scanning, the distribution of malware, the forgery or encryption of IP addresses or email senders, provision of anonymization services, the sending of unsolicited commercial emails to third parties ( “Spamming” ) and both the execution and participation in attacks against third parties ( DOS, DDOS, Mail-Bombing ).

5. It is prohibited to use the web space or servers mainly or exclusively as download server, P2P-Client or P2P-Host. The customer agrees not to operate any chat services on the servers provided by Key-System without explicit written approval.

6. When offering pornographic and/or erotic content and commercial services which involve pornographic and/or erotic content ( e.g. nude pictures, peepshows etc. ) the customer agrees to comply with the legal requirements and the directives of jugendschutz.net.

7. The customer is obligated to configure his online presence appropriately in order to avoid use of the systems of Key-Systems which either substantially exceeds the average expected amount of usage or which compromises the use of the service by other customers, e.g. by use of techniques such as CGI/PHP scripts that require a lot of computational power, require main memory above average or cause extensive traffic.

8. Furthermore the customer shall comply with the obligation to keep the scripts and software solutions running on the servers updated at all times and to close security gaps if possible.

9. Key-Systems is authorized to deactivate or block the hosting services partly or completely for the customer's or third parties access at any time and instantly without prior warning upon detection of potential breaches of law or illegal content. In the event of a third party putting forward plausible claims against Key-Systems based on actual or asserted violations of rights, the same applies. The customer hereby declares his agreement concerning this matter. Key-Systems will inform the customer immediately about any such sanction by stating the relevant reasons. As far as possible the deactivation will be limited to the ( allegedly ) infringing content and will be repealed as soon as the customer proves the legitimacy of the content in question. Furthermore, the access to a hosting service can be blocked temporarily if the customer commits a serious breach of the law by the hosted content or fails to react upon a request to remove the content in question.

10. For any case of infringement of the above obligations the customer agrees to to compensate Key-System for the damages caused hereby. A blocking of hosting services does not affect the customer's obligation to pay for the service.

11. The customer acknowledges that he is solely responsible for the contents published on the website or servers and agrees to indemnify Key-Systems against all liability from claims due to infringement of third-party rights, the good morals or legal regulations made against Key-Systems due to the customer's usage of the services. Furthermore, the customer agrees to compensate Key-Systems for all the resulting expenses, direct or indirect damages – including financial losses – arising from his use of the service. This provision remains in force regardless of any termination of the contract.

5. Customer's obligations within the frame of the usage of e-mail services

1. The customer is committed not to dispatch any advertisement or have advertisement dispatched, without the explicit agreement of the respective receiver. This applies especially if the respective E-Mails have the same content and are sent to a broad mass (so-called Spamming).

2. The customer has to check his e-mail post boxes for incoming messages at regular intervals being no longer than two weeks. Key-Systems is entitled to refuse the receipt of the customer's incoming personal messages if the storage capacity limits which have been designated in the appropriate rates are exceeded.

3. A usage with the purpose of sending an excessive amount of data in order to disrupt the recipient's computer systems is prohibited.

4. If the customer breaches the stated obligations, Key-Systems is entitled to suspend the service instantly and to claim damages.

5. In the event of a justified assumption based on objective criteria that messages for it's customers contain malicious content or unsolicited commercial communication (Spam), Key-Systems is entitled but not obligated to prevent the transmission of the messages by means of adequate technical measures.

6. Availability and disclaimer of liability

1. Key-Systems is not able to guarantee that its services are continuously available free from error. This being the case, Key-Systems excludes all liability for data loss, canceled data transfers, disruptions caused by the general structure of the internet, strikes, hacker attacks or any other problems due to technical malfunctions, circumstances beyond its control or the fault of third parties. The same applies for outages due to previously announced maintenance work.

2. The liability for the availability of the service connection or the transmission paths of the internet not being situated within the frame of Key-System's or their agent's responsibility is excluded. The same applies for any service interruptions which do not exceed 2 % of the average annual service time.

3. Key-Systems does not take responsibility for content hosted on its servers. The customer is responsible for securing his own data hosted on Key-System's servers, storing backups and installing them again on his own and on his own expenses in the event of a data loss.

4. The customer is obligated to report disruptions, defects and interferences immediately in order that Key-Systems may remove them promptly.

5. Key-Systems is not obligated to review the online presences for potential legal violations. Pursuant to § 5 Teledienstgesetz the customer's uploaded contents are considered third party content.

The right to withdraw

As non-commercial customer you shall have the right to withdraw from the contract in writing within a period of two weeks and without stating any reason. The notice of cancellation shall be addressed to Key-Systems GmbH, Im Oberen Werk 1, 66386 St. Ingbert, Fax: +4968949396851, email: support@domaindiscount24.com
The right to withdraw from the contract cannot be applied if the customer explicitely requires the immediate execution of the service (e.g. Domain registration, account opening, webspace activation) prior to the two weeks period or if the customer has initiated the services himself.
Furthermore, the right of withdrawal cannot be applied to domain registrations as this service is created according to the personal specifications of the customer and is therefore directly binding.As non-commercial customer you shall have the right to withdraw from the contract in writing within a period of two weeks and without stating any reason. The notice of cancellation shall be addressed to Key-Systems GmbH, Im Oberen Werk 1, 66386 St. Ingbert, Fax: +4968949396851, email: support@domaindiscount24.com
The right to withdraw from the contract cannot be applied if the customer explicitely requires the immediate execution of the service (e.g. Domain registration, account opening, webspace activation) prior to the two weeks period or if the customer has initiated the services himself.
Furthermore, the right of withdrawal cannot be applied to domain registrations as this service is created according to the personal specifications of the customer and is therefore directly binding.