.mq Domains Dispute & Policy
Special conditions of registration and renewal of domain names
Updated March 2, 2010
PREAMBLE
These are agreements between
- Mediaserv society, SAS with a capital of 1 000 000 €, registered at the RCS of Pointe-a-Pitre as No. 351 555 792, whose headquarters is located SecID Tower, 6th Floor, Place Renovation of, 97110 Pointe-à-Pitre. The Director of the Site is Mr. Ehsan Emami as manager.
- And any person or entity, private or professional, whether privately or public law, wishing to make the registration, renewal or transfer Domain Name, hereinafter "the Client".
Mediaserv informs the Customer that the domain names are assigned for use in the eligible party who is the first to file an application with the Unit Registration, as technically correct manner and in accordance with present and their annexes, priority criterion commonly called "principle first come, first served ". The registration shall be valid only after paying the required fees, except offers Special promotional.
In case of conflict between these policies and conditions general, special conditions prevail.
In case of contradiction between these Special Conditions and Annexes, Annexes prevail.
Mediaserv is authorized to issue on behalf of its clients domain names and proceed with their renewal.
The Client has the opportunity to conduct the registration of domain names available, according to current offers.
The Customer will therefore provide the name and full address of the person in whose name which the domain name is registered (the Holder), the name and contact complete the administrative contact (administrative contact), the billing contact (Billing contact) and the technical contact (technical contact), as well as its full name, address, phone number and information about the individual or legal person responsible for the technical operation of the domain name.
It will also provide the primary server IP addresses and possibly secondary, for the chosen domain name.
The intelligence of the entire form determines the admissibility of the registration procedure.
Any information the incomplete form will result in the failure to register.
Customer claims to have received a mandate to all persons whom he discloses coordinates, not only for recording and communicating the name and coordinates, but their collection and publication on the Internet.
The indication Mediaserv by the availability of the domain name on its website www.dom-enic.com is indicative only. It is the same for confirmation booking by e-mail when registration formalities completed and Regulation enregistré. Seule validation Mediaserv after verification and actual registration by the registry or by the supervisory authority will be worth recording. This validation is done 2 maximum working days after confirmation, unless special difficulty that it reads for information notified to the Customer by email or on the site.
Mediaserv is in no way responsible for any data contained in the Whois database or any database equivalent, or their updates.
During this period the domain name selected is not subject to a reservation as provisional, and is not subject to any prior art. However, if the domain name is subject to a reservation for this response time, inform the Mediaserv Customer who will make a new choice of available domain name.
Assuming Mediaserv would not be able to provide the service ordered by the customer due to a failure of the customer regardless of the nature (Provision of documentary evidence, correction of erroneous information ...), Mediaserv reserves the right to cancel the order and refund the customer.
Mediaserv reserves the right at any time to suspend the domain name which contact him appear as fanciful.
In the absence of full payment for the renewal before it expires, Mediaserv not effect the renewal desired by the Client. The Client receive an e-mail notification service stop at the anniversary date thereof.
Mediaserv may undertake erasure service from D + 7 days depending on anniversary date of renewal, the Customer will receive an email notification to inform them of the cancellation of the service.
These are valid for the duration of chosen name registration area, including duration of a possible renewal of the domain name, notwithstanding the causes of termination set forth below without limitation.
In addition to cases in general terms, Mediaserv reserves the right to terminate this Agreement if:
Therefore, the invalidity of office will operate transfer law of any liability to the Customer exclusively.
The transfer of the domain name by the Customer to a third party shall bind Mediaserv the following conditions: - the receipt by Mediaserv of notification of assignment by letter with notification of receipt,
- Regulation of transfer fees for change of Licensee to Mediaserv by either party,
- The possible signing of transfer documents from the registry and respect the transfer procedure specific field.
The license, however, even exclusively, in no case enforceable against Mediaserv, even when it is notified.
Accordingly, in the latter case, the domain name registrant remains the privileged interlocutor of Mediaserv and solely responsible with respect to Mediaserv acts and uses made in respect of the use and operation said domain name.
It is the Customer, prior to any reservation, to make any verification suitable thing to do.
In particular, it will take care not to infringe:
- A distinctive front, whether a trademark right or a right related to a name, sign or trade name, an appellation of origin or geographical indication,
- A right of personality,
- Or a copyright.
In general, the Customer shall be aware that the domain name:
- Does not affect public order, or laws and customs in force,
- Is not defamatory or racist,
- Is not likely to be regarded as speculative or abusive.
Mediaserv, for information, accurate to the Customer, hereby, that no researched prior to the registration of a domain name, can Train under the sole responsibility of Customer, infringement actions and / ordéloyale. MEDIASERV competition also informs the customer that certain names, for example geographical concepts and / or geopolitical, or likely to prejudice public order, may not be appointed.
Any third party claim justified by a court judgment, including summary proceedings, or by a determination resulting from the application of mediation or arbitration of names area, will be supported in full by the Customer.
Under these procedures, the Customer may, without notice, be deprived of domain name registered in case of transfer of the domain name in favor of third have lodged appeals. The domain name at issue may also be suspended during the procedure and to its outcome.
If, on the occasion, Mediaserv was questioned, the customer would report free Mediaserv for all costs incurred by this procedure, whatever the cause and consequences, and whatever nature, that is to say a procedure or proceeding to mediation or arbitration.
Include the costs included in the financial obligations relating to technical interventions, the costs of the proceedings and the fees auxiliaries of Justice.
The same rules apply to requests from registries, ICANN or regulators.
The request to delete data by Customer will always termination of these, since it must be worth erasing data Records requested by the regulatory authorities and managing databases inline.
Indeed, the data required for the online publication databases managing domain names are considered public. The Customer can not therefore object to its publication, except to seek termination concomitantly of these contractual provisions.
In any event, the Customer has at any time a right of access to data concerning him for verification of registration data Conserved Mediaserv.
Mediaserv agrees not to transmit the data it has in the single purpose of ensuring the implementation of the service.
Any court judgment enforceable served Mediaserv and any award duly notified to arbitration taking Mediaserv transfer or cancellation of the name domain registered by the Customer will be executed in the state and on the field by Mediaserv without prior notice to Customer.
Any voluntary transfer of domain name registration change of Unit can be done under the conditions of field. Transfer to Mediaserv be effective upon confirmation of the transfer by the registry.
The transfer from Mediaserv will be used from the request made before expiration, the Customer's behalf by the new Recording Unit chosen under reserves no proceedings pending, or non-contentious, between the Client and Mediaserv, or if using a third party, and subject to conditions transfer domain specific.
The non-renewal of a domain name expired date will amount to a cancellation
Domain Name and will, upon the date and time of cancellation, the domain name canceled or not renewed, available.
The Customer shall not mean any transfer of a domain name subject to a recourse.
Any transfer, the transfer or cancellation of the domain, whatever the cause, not result in any refund of amounts collected by Mediaserv, except to demonstrate effective responsibility.
If the Customer is subject to liquidation proceedings, has suspended business activities, development reorganization or other similar procedure, during the registration period of the domain name, the designated representative may request the transfer of assets to the purchaser Holder's domain name in along with submission of appropriate documentation.
According to the Consumer Code, in Article L. 121-20-2 "the right withdrawal may be exercised (...) for contracts to supply goods made according to the consumer's specifications or clearly personalized (...) ".
Customer acknowledges that the registration of a domain name with Mediaserv is, because the choice made by the Customer on the radical and the extension selected, the provision of such a well customized to the meaning of Article précité.Dès then the customer is expressly informed that he can not, under these provisions, exercising his right to withdraw the registration of the domain name controlled.
Nor can this right be exercised by the Customer on renewal of recording.
The rules laid down by ICANN, the supervisory authorities and registers relating to domain names, apply law to these contractual relationships.
Similarly, any change in conditions binding Mediaserv with the registry, ICANN regulators or apply law, immediately and without prior information of the Customer expressly agree that these amendments are to be to Mediaserv.
Mediaserv and Registry reserve the right to the domain name of the Customer Waiting for the resolution of a dispute.
Mediaserv and Registry reserve the right to suspend or cancel the name of Customer's domain if it uses the domain name to send the unsolicited commercial advertisements in contradiction to the laws applicable to the policy or Acceptable Use usual Internet, or if the Client uses its domain name for illegal activity.
