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Domain Name Trustee DeclarationTHIS TRUSTEE DECLARATION IS MADE with “the Agent”, whereas the Agent shall apply for registration and register for the client herein referred to as “the Registrant”, the Domain Name is based on the Registrant’s “company name/trademark/product name/brand name” in the name of the Agent. Whereas due to the policy of the respective registry (see clause 10), the formal holder of the Domain Name will be the Agent. Therefore, the registration of the Domain Name is to be made in the name of the Agent and not in the name of the Registrant. Whereas despite the fact that the Registrant is not the formal holder of the Domain Name, the Domain Name is to be used by the Registrant and will be recognized by the Agent as if it was formally held in the name of the Registrant. Whereas the right for the Registrant to use the Domain Name granted by the Agent. This right is personal and may not be transferred, assigned, sublicensed, encumbered, or otherwise alienated, in whole or in part, by the Registrant without the prior written consent of the Agent. Likewise, the Agent may not transfer the Domain Name to any third party without the prior written consent of the Registrant.
1. Administration1.1 The Agent shall invoice the Registrant all related costs incurred by the Agent as a result of the Domain Name registration and the invoice shall be paid in full by the Registrant according to the agreed terms. 1.2 Notwithstanding the foregoing, where the Registrant has appointed a representative to act on his behalf with regard to the Domain Name, the Agent shall invoice the representative all related cost incurred. 1.3 The Agent will charge additional fees for procedures related to the use SSL certificate for the domain name.
2. NoticesAll notices or other communications concerning this Declaration shall be in writing, and shall be deemed to have been given if delivered personally or by a letter mailed by courier or certified mail with return receipt requested to the following addresses: If either party wishes to use any other address than the above stated for any kind of communication, the new address must be specified by a written notice to the other party, using the methods described above in this paragraph.
3. Responsibility3.1 The Agent shall not be responsible for all kinds of liability in connection to the Domain Name or resulting from any kind of usage of the Domain Name or any kind of information posted or hyperlinked to, on any website to which the Domain Name points. This includes for example legal responsibilities, penalties and/or damages to third parties. This list of examples is not exhaustive. 3.2 The Agent shall not be responsible if in the event that:
3.3 The Agent undertakes no responsibility with regard to:
3.4 The Agent undertakes no responsibility in the event that it needs to interrupt the usage of the Domain Name; place it on hold, redirect or forward the Domain Name to a new DNS as a result of an alleged intellectual property infringement or any other alleged criminal use by the Registrant. The Agent shall not be responsible in any way for any type of cost or lost profits that may arise directly or indirectly as a result of this action, even if the Registrant is later cleared of any suspicion following a court ruling or any other type of administrative process.
4. Revocation of Declaration4.1 This declaration may be revoked upon thirty (30) days written notice by either the Agent or the Registrant. 4.2 This declaration shall be null and void if it is brought to the Agent’s attention that any material or hyperlink posted on the website to which the Domain Name points, is allegedly infringing any intellectual property rights or is allegedly criminal in any other way. In this instance the Agent would:
5. Effects of RevocationUpon the revocation of this declaration, the Agent shall require the Registrant to:
6. Governing LawBy registering the domain name with the respective registry, this declaration shall be construed, interpreted, and governed in accordance with the law of which the country of the domain name is registered.
7. Competent Jurisdiction7.1 All disputes arising under this Declaration shall be resolved by the official court of the country where the domain name is registered and the parties consent to the jurisdiction of that court and waive any jurisdictional or venue defences otherwise available to them, except for what is stated in paragraph 7.2. 7.2 Notwithstanding the foregoing, the Agent reserves the right to bring its claim before any court having jurisdiction over the Registrant.
8. SeverabilityAny terms, clauses or provisions held invalid or unenforceable by a court of the competent jurisdiction shall not affect the validity or operation of any other terms, clauses or provisions in this Declaration. Such invalid or unenforceable term, clause or provision shall be deemed to be severed from this Declaration.
9. Amendment of DeclarationThis Declaration cannot be waived, altered or modified.
10. Countries where this Trustee Declaration is ApplicableThe countries where this Trustee Declaration is applicable are listed as follows:
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