Acceptable Use Policy
I. Preamble
1. This acceptable use policy is binding for all users of the MandoraWeb network and shall ensure the highest possible quality of the MandoraWeb services for all users of the network. It governs the responsible use of the network and services, and the prohibition of misuse which impairs the usability of the network and services for the users. Breaches of these rules will be prosecuted and perpetrators held liable for damages, especially if these endanger or diminish the reputation of MandoraWeb or the quality and / or functionality of its services.
2. Except where the context otherwise requires, the following principles will apply in interpreting the terms and words used in this acceptable use policy:
- Words describing the masculine, feminine or neuter gender include any of them, and the singular includes the plural and vice versa.
- Clause or section headings are for ease of reference only and do not affect the meaning of this acceptable use policy.
- A reference to a party includes its executors, administrators, successors and authorised assignees.
- Words and expressions describing natural persons include partnerships, legal persons (e.g. incorporated companies), associations, governments, governmental and local authorities and agencies.
3. Definitions & specification of services
Registrar: a registrar is an organisation, that handles applications of domain names on behalf of its clients. The registrar therefore works as an intermediary between registry and registrant. The registrar submits the domain name application in a technically correct way at the relevant registry. The allocation of a domain name is handled only by the relevant registry, not by the registrar itself.
Registry: Each top level domain is governed by exactly one registry. Each registry has the right to create and enforce its own rules and regulations for domain name allocation. Each registrant is bound to the rules and regulations of the relevant registry and has to follow their instructions. Most of the registries have a registrar system, by which independent organisations can act as intermediary between registry and registrant.
Registrant: The holder of a domain name. The registry grants to the registrant the right to use a certain domain name. The registrant is the only person substantially entitled to a certain domain name.
Domain Name: A domain name is a specified name ("label") at a top level domain, e.g. mandoraweb.de. Domain names are exclusively assigned by the relevant registry to the registrant. The registry grants to the registrant the right to use a certain domain name. Hereby a contract is concluded between the registrant and the registry. The application of a domain name is usually handled by a registrar on behalf of the registrant.
Domain Service: A contract between a technical service provider and a registrant covering technical services, which are necessary for the operation of a domain name, e.g. provision of dns services. MandoraWeb offers domain service for a multitude of top level domains.
Further information on this is available at
http://www.mandoraweb.de/de/domain/index.php
Basic prerequisite for the use of MandoraWeb domain service is an MandoraWeb Domain Server or Web server plan.
Domain Name System (DNS): In the dns host names are allocated to ip addresses and vice versa ("dns resolution"). This can be compared to a phone directory, which allocates the names of the participants to phone numbers. The dns makes the broad usage of the internet possible, because humans remember names (e.g. www.mandoraweb.de) much better than ip addresses (e.g. 192.168.1.2). Without correctly configured and active dns servers a domain name cannot be resolved and therefore maybe connected services (web, email, etc.) cannot be used.
MandoraWeb offers different server plans, which provide different services for the operation of web, email and other services for one or more distinct domain name(s):
- Domain Server:
For the management of one or more domain names on dns level.
Technical specification Domain Server:
http://www.mandoraweb.de/en/domain/domain_server/index.php
Economy Webservers for small and midrange websites for private use:
- Technical specification Economy Micro:
http://www.mandoraweb.de/en/products/economy/webserver/economy_micro.php - Technical specification Economy Startup:
http://www.mandoraweb.de/en/products/economy/webserver/economy_startup.php - Technical specification Economy Basic:
http://www.mandoraweb.de/en/products/economy/webserver/economy_basic.php - Technical specification Economy Pro:
http://www.mandoraweb.de/en/products/economy/webserver/economy_pro.php - Technical specification Economy Enterprise:
http://www.mandoraweb.de/en/products/economy/webserver/economy_enterprise.php
Business Webservers for high volume and high availability commercial applications:
- Technical specification Business Startup:
http://www.mandoraweb.de/en/products/business/webserver/business_startup.php - Technical specification Business Basic:
http://www.mandoraweb.de/en/products/business/webserver/business_basic.php - Technical specification Business Pro:
http://www.mandoraweb.de/en/products/business/webserver/business_pro.php - Technical specification Business Enterprise:
http://www.mandoraweb.de/en/products/business/webserver/business_enterprise.php - Technical specification Business Datacenter:
http://www.mandoraweb.de/en/products/business/webserver/business_datacenter.php
The use of an MandoraWeb Domain Server or Web server plan is the basic prerequisite for using further services of MandoraWeb,
like e.g. domain service.
II. The Network
1. MandoraWeb guarantees its customers an annual server uptime of 95%.
This excludes maintenance periods as long as these are announced accordingly in the CustomerCenter. Extensions of this basic Service Level Agreement (SLA) are possible on an individual basis and are stipulated on technical feasibility and the requirements of individual customers, and are offered at custom prices.
2. The supported languages of MandoraWeb are English and German. Any written correspondence and verbal communication in other languages is deemed as not having taken place. The customer agrees that included software is offered in only one language, or not fully in both languages.
3. The customer agrees that MandoraWeb is not in a position to control the content of data transported across the MandoraWeb network. For this reason, MandoraWeb cannot take responsibility for the content of any data, regardless of whether the sender of the data is or was a customer of MandoraWeb.
4. The MandoraWeb network may be used by customers for accessing other, worldwide networks. The customer agrees to inform himself of the acceptable use policy for each of these networks and to abide by these.
5. The usage of the network must be in accordance with the requirements of the service description of the service in question and the general terms & conditions of MandoraWeb. The customer will abide by all valid internet standards (like RFCs and other) and regulations when using the network.
6. The customer may only use the network in accordance with law and order.
In particular, making available, distributing and/or forwarding data which violates copyright; which is harmful to youths without adequate protection from access by minors under the age of 18 years, and/or data which contains illegal content, particularly child pornography or banned political propaganda is prohibited for the customer. This applies whether the customer is aware of the content of the data and the legal clause or not.
7. The customer will not bypass (known as "cracking" or "hacking") nor interfere with (known as "Denial of Service") the security measures of any hosts, networks or accounts.
8. In the event of a breach of the rules of this policy, MandoraWeb reserves the right to remove any material or data without prior notice, and to block the use of the network for one or more users without prior notice.
9. The customer is obligated to use always the latest stable version of used web-software (scripts) to the best of his knowledge by performing regular updates, as soon as these are made available by the software manufacturer(s). The use of beta or release candidate versions is prohibited. In the event that the use of scripts has, or could have a detrimental effect on the system, MandoraWeb may at any time, and without prior notice, disable them and/or render them useless. Costs for effort are calculated at a rate of up to 380.00 Euro / hour.
10. The customer is obligated to free MandoraWeb of any claims for damages or compensation by third parties provoked by unlawful use (violation of valid European or international law) of the network by the user. The customer is liable for the legal defence and all costs, compensation paid, out of court costs, and any fees (including court fees) which are attributed to MandoraWeb and caused by such claims by third parties. The customer must inform MandoraWeb of any such standing or imminent claim against him.
11. The use of ip multicast is prohibited in any way other than offered and coordinated by MandoraWeb.
12. The use of available server systems as a testing and development environment is prohibited. Exceptions are only allowed after assessment of the program sections in question, and must be issued in writing.
13. Home, Free (Eco) and Economy Web server plans are designed for non-commercial use by end users. Commercial use of Home, Free (Eco) and Economy Web server plans is not intended. Should a Home, Free (Eco) or Economy Web server plan be used commercially by the user in spite of this, he takes responsibility for possible damages, loss of service or similar and frees MandoraWeb of any claims for damages or compensation by third parties or himself.
14. The scope of services of a Web server plan includes a processor core utilization of up to 2%. In the event that this value is exceeded repeatedly or continuously, MandoraWeb is entitled to terminate the services without prior notice or to transfer them to a dedicated server system at the expense of the user.
15. In the scope of services of a Web server plan a monthly contingent of data traffic and web space is included Reimbursement of not used traffic or web space is not possible as well as it cannot be offset to previous or future periods of time.
16. Should the services included in the chosen server plan be exceeded, or additional expenditures become necessary, they will be billed separately.
Traffic over quota per GiB from 01.05.2010 1.50 EUR
Traffic over quota per GiB until 30.04.2010 2.50 EUR
Disk space over quota / MiB 0.25 EUR
Over quota handling fee per invoice issued 9.99 EUR
Weekday effort 29.00 EUR
Weekend / holiday effort 58.00 EUR
Domain administration effort 29.00 EUR
Account deactivation effort 29.00 EUR
Handling fee forwarding postal mail (Proxy Service) 58.00 EUR
Handling fee support request by fax 29.00 EUR
Fax transmission fee per page 5.00 EUR
Restore from redemption period 250.00 EUR
Effort extraordinary contract termination 149.00 EUR
Costs for effort are calculated per work units (started 15 minutes) unless otherwise stated. MandoraWeb reserves the right to charge a surcharge for order sums below 29.00 EUR. This listing is not guaranteed to be complete. All listed costs include taxes and duties, and may be altered at any time without prior notice.
17. In the event that it is foreseeable that the designated use of the network will be exceeded, the customer must inform MandoraWeb of the type and extent of the intended use at least 4 weeks in advance. The customer frees MandoraWeb from claims by himself or third parties due to damages, loss of services or similar which arose from him failing to notify MandoraWeb of such exceeding use in time or at all.
18. By using the chosen services, the customer automatically agrees to be added to the reference list of MandoraWeb.
19. MandoraWeb grants the customer virtual access to the network and its connected systems (e.g. CustomerCenter) 24/7. Physical access to the MandoraWeb network and its other systems ("Data Center") is not intended, and is thus not granted to the user.
20. Customers who violate the security rules of the network may be prosecuted according to criminal law as well as civil law. MandoraWeb is legally obligated to support investigations upon request by authorities on suspicion of criminality or violations of other security rules. A check of the legality of such requests is not performed on principle. MandoraWeb is obligated to defend itself only when such a request is obviously illegal. In this case there exists a claim against the customer according to terms of management without mandate.
21. MandoraWeb handles all personal customer data in accordance with its privacy policy, which is accessible at any time at http://www.mandoraweb.de/en/imprint/privacy_policy.php
Thus, as a rule MandoraWeb does not disclose email addresses or other personal customer data to third parties without having gained written permission of the customer beforehand. This does not apply when the disclosure or processing of personal data is required in order to fulfill contractual services, or when MandoraWeb is required to do so by law.
III. CustomerCenter, Usernames & Passwords
1. Each customer receives a combination of username and password, which is unique within the MandoraWeb network, upon activation of his account. This combination is also known as "login data" or "user data". With this data, the user can login to the CustomerCenter at any time free of charge, and thus use the provided functions. The customer is obliged to keep the user data confidential and not to give it to third parties. The customer will regularly check the successful and failed login attempts in the CustomerCenter.
2. The customer can change his password at any time in CustomerCenter. The selection of a secure password is in the duty of the customer, to avoid abuse best possible. A secure password is a password, that cannot be guessed (e.g. birthday, domain name, etc.) and consists of upper and lower case letters of the latin alphabet, digits and special chars. Example for a secure password: Q3Cm5-)n7L!Z
3. MandoraWeb grants the customer virtual access to his booked services 24/7 via the CustomerCenter at https://service.mandoraweb.de. The CustomerCenter allows the customer to perform technical configuration and management of his booked services, access to administrative data (personal contact data, outstanding orders, paid invoices etc.) as well as methods available 24/7 to contact MandoraWeb ("support methods"). Due to security and data protection, access to Customer Center is offered secured by SSL.
4. MandoraWeb grants the customer a non-exclusive and non-transferable usage license for the CustomerCenter and the functions contained therein. This license expires on delayed payment, violations of the general terms & conditions and/or acceptable use policy, suspicion of criminality and/or on legal requirement or the customer's own wish, and access to the CustomerCenter can be suspended for the account / customer in question.
5. The customer himself is responsible for keeping his user data confidential. The customer frees MandoraWeb from any liability for damages caused due to stolen or otherwise illegally gained user data. MandoraWeb is allowed to charge the user for any expenses caused by misuse of the user data, unless the misuse was the fault of MandoraWeb.
6. The customer can change his password himself at any time in CustomerCenter. In particular, the customer will change his password immediately on suspicion of misuse by unauthorised parties and notify MandoraWeb of this suspicion using the support methods available in CustomerCenter.
7. If necessary, the customer can request a new password at any time at https://service.mandoraweb.de/rPassword.php
(for example when he has forgotten his password). Manual issuing and delivery of a new password by MandoraWeb will cause additional cost to the customer.
In case the automated password change is not possible - e.g. the customer has forgotten his username, the email address given in CustomerCenter is not available to the customer - the customer can initiate an update of the email address given in CustomerCenter by fax authorisation like described at
https://service.mandoraweb.de/rPassword.php The same procedure applies to a request for a user name.
8. MandoraWeb may technically block access to an account if there occur 3 failed login attempts to CustomerCenter. The customer can remove this technical block at any time by successfully requesting a new password. The customer can initiate an automatic password request free of charge and at any time at https://service.mandoraweb.de/rPassword.php
Manual removal of the block to access the CustomerCenter will cause additional cost to the customer.
9. Support requests as well as other requests must be sent by the customer exclusively through the interfaces provided in CustomerCenter (e.g. electronic support form). Responses to these requests are exclusively sent by email to the address specified in CustomerCenter or directly to the customer's account in CustomerCenter.
10. The customer will consult the KnowledgeBase in CustomerCenter before sending an individual support request. Support requests which are covered by topics dealt within the KnowledgeBase are not answered individually, but the user is referred to the relevant source in the KnowledgeBase.
11. Included in standard support is assistance with all items and services, which are required for the configuration of the server plan. Not included in standard support are questions concerning web design and script programming, questions concerning third-party software, (remote-)training for web software, IT-service for third-party hardware, (remote-)training for beginners, configuration of firewall and internet connectivity software and questions concerning the configuration of the operating system of the customer's computer.
12. The use of services offered by MandoraWeb requires a certain level of basic technical knowledge - e.g. correct saving and linking of documents, navigating a directory structure, basic knowledge of ftp, creation of text and image material for use on the internet, basic knowledge of html and if applicable, programming languages (e.g. php, perl, etc). The necessity and depth of required knowledge depends on the way the user intends to use the available services and the complexity of his website. The customer accepts that the acquisition of the required knowledge to create a website is in his own responsibility. Furthermore, the user acknowledges that MandoraWeb does not convey this basic knowledge as part of its technical support.
13. The use of services offered by MandoraWeb requires that certain technical prerequisites are existent (e.g. computer hardware, internet access, software, etc). The customer is responsible for acquiring the technical means and fulfilling these prerequisites for access to, and use of services offered by MandoraWeb, and must cover the costs for this himself.
14. The user will only create and operate his website on server systems of MandoraWeb for presentation purposes or as a virtual sales room. Usage of the provided disc space and / or of other resources for data archiving or public download offers is forbidden.
15. MandoraWeb reserves the right to limit or extend the maximum file size or network bandwidth to any value in its sole discretion.
16. Usage of design templates ("website templates") that may be provided by MandoraWeb does not transfer or grant any rights whatsoever to the user nor will the property rights of the design be transferred to the user. Publishing to other server systems than the ones of MandoraWeb is forbidden.
17. Software provided on MandoraWeb's server systems (e.g. PHP, perl, etc.) and server side functionalities (e.g. .htaccess) may or may not be provided with the full functionality of the software manufacturer. This does not constitute a failure of software.
18. In case MandoraWeb is testing third party software, this will only be done for core components of the tested software. This does not imply full functionality of all components included in the concerned software.
19. For technical reasons, MandoraWeb may assume the use of certain browser software and/or operating systems and versions thereof for the use of the CustomerCenter and/or parts thereof (e.g. for the use of ActiveX components).
This does not constitute a failure of software.
20. The customer has round-the-clock access to his contact information through the CustomerCenter. The updating of this contact data must occur exclusively via the CustomerCenter and be performed by the customer himself using his username and password. MandoraWeb has the right to request documents for verification of the mentioned contact data at any time in its sole discretion. Reversing changes to contact data by MandoraWeb - e.g. due to negative verification of the given contact data - may cause cost to the customer and can cause an extraordinary contract termination.
21. The updating of contact data in the CustomerCenter does not necessarily bring about the need to update the relevant domain data at the particular registry and may need to be ordered separately by the customer. Synchronisation of contact data in CustomerCenter and data stored at the relevant registry - e.g. after independent updates at the registry by the customer itself - may cause cost to the customer and can cause an extraordinary contract termination.
22. The customer can update his/her contact email address at any time and free of charge via the CustomerCenter. This requires the logging in to the CustomerCenter with the user's username and password. A manual update of the contact email address by MandoraWeb has to be requested in writing and may cause cost to the customer.
23. The customer can file any complaints either within a support request in CustomerCenter or directly to the email address complaints@mandoraweb.de.
24. The customer ensures that he keeps a working and up-to-date version of the Acrobat Reader software on the computer in question in order to open .pdf documents.
25. The customer agrees that conversations in line with product support may be recorded, and that these recordings may be admissible in possible legal or out of court procedures.
IV. Domain service, domain application & Proxy Service
1. The customer warrants, that he is eligible to hold the ordered domain name and that all information given in his order is true, complete and correct and is not misleading in any way. If any of the information is later on found untrue, incomplete, incorrect or misleading in any way or the order was submitted in bad faith MandoraWeb may terminate the contract extraordinarily and the domain name can be closed at the responsible registry.
2. The customer assures that with the selection of any domain name he is avoiding conflicts with the rights of third parties to the best of his knowledge and conscience. MandoraWeb has no duty whatsoever to check whether the rights of third parties might be violated by the registration of a desired domain name, or if a desired domain name may actually be registered. The customer explicitly frees MandoraWeb from claims by third parties or himself due to damages, loss of services or similar which resulted from his violation of the rights of third parties or the inability to register the desired domain name. By ordering domain services at MandoraWeb the customer or the domain holder respectively grants full authority for management of the said domain name to MandoraWeb for the whole duration of the contract.
3. The assignment of domain names ("registration") rests solely with the relevant registry. MandoraWeb merely acts as a mediator between the customer and the registry and therefore has no influence whatsoever on the assignment of desired domain names. Each registry assigns domain names based on its own domain requirements, which are valid in the relevant language. The customer agrees to inform himself of the domain requirements, and regularly checks for any update of these requirements for his desired domain name. A directory of registries can be found on the pages of the IANA (at http:/www.iana.org). MandoraWeb is not responsible for the up-to-dateness and correctness of the information on the website of IANA.
4. if .at domain names are subject of the application the responsible registry is Nic.at, which is available at http://www.nic.at
if .de domain names are subject of the application the responsible registry is DENIC, which is available at http://www.denic.de
if .uk domain names are subject of the application the responsible registry is Nominet, which is available at http://www.nominet.org.uk
if .fr domain names are subject of the application the responsible registry is AFNIC, which is available at http://www.afnic.fr
if .it domain names are subject of the application the responsible registry is Nic.IT, which is available at http://www.nic.it
if .ae domain names are subject of the application the responsible registry is aeDA, which is available at http://www.aeda.ae
By registering .ae domain names the customer is entering into a registrant agreement with MandoraWeb, please see the registrant agreement at http://www.mandoraweb.de/en/domain/docs/registrant-agreement.pdf,
and a Domain Name License with the Telecommunications Regulatory Authority (TRA) of the United Arab Emirates, please find a sample Domain Name License agreement at http://www.mandoraweb.de/en/domain/docs/domainname-license.pdf
if .se domain names are subject of the application the responsible registry is IIS.se, which is available at http://www.iis.se
if .ch and / or .li domain names are subject of the application the responsible registry is SWITCH, which is available at http://www.nic.ch
if .pl domain names are subject of the application the responsible registry is NASK.pl, which is available at http://www.dns.pl
if .pt domain names are subject of the application the responsible registry is FCCN, which is available at http://www.dns.pt
if .cz domain names are subject of the application the responsible registry is nic.cz, which is available at http://www.nic.cz
if .es domain names are subject of the application the responsible registry is RED.es, which is available at http://www.red.es
if .gr domain names are subject of the application the responsible registry is EETT.gr, which is available at http://www.nic.gr
if .lu domain names are subject of the application the responsible registry is Restena.lu, which is available at http://www.dns.lu
if .nl domain names are subject of the application the responsible registry is SIDN.nl, which is available at http://www.sidn.nl
if .ps domain names are subject of the application the responsible registry is PNINA.ps, which is available at http://www.pnina.ps
if .dk domain names are subject of the application the responsible registry is DK-Hostmaster.dk, which is available at http://www.dk-hostmaster.dk
if .sk domain names are subject of the application the responsible registry is SK-nic.sk, which is available at http://www.sk-nic.sk
if .lt domain names are subject of the application the responsible registry is DomReg.lt, which is available at http://www.domreg.lt
if .lv domain names are subject of the application the responsible registry is nic.lv, which is available at http://www.nic.lv
if .me domain names are subject of the application the responsible registry is nic.me, which is available at http://www.nic.me
if .bg domain names are subject of the application the responsible registry is register.bg, which is available at http://www.register.bg
if .be domain names are subject of the application the responsible registry is dns.be, which is available at http://www.dns.be
if .ac domain names are subject of the application the responsible registry is NIC.AC, which is available at http://www.nic.ac
if .tm domain names are subject of the application the responsible registry is TM Domain Registry, which is available at http://www.nic.tm
if .io domain names are subject of the application the responsible registry is NIC.IO, which is available at http://www.nic.io
if .sh domain names are subject of the application the responsible registry is NIC.SH, which is available at http://www.nic.sh
if .la domain names are subject of the application the responsible registry is LA Names Corporation, which is available at http://www.la
if .ws domain names are subject of the application the responsible registry is WebSite.ws, which is available at http://www.website.ws
if .hn domain names are subject of the application the responsible registry is Centro de Registro de Dominios de Honduras, which is available at http://www.nic.hn
if .ag domain names are subject of the application the responsible registry is NicAG, which is available at http://www.nic.ag
if .sc domain names are subject of the application the responsible registry is NIC.sc, which is available at http://www.nic.sc
if .bz domain names are subject of the application the responsible registry is University Management Ltd, which is available at http://www.belizenic.bz
if .mn domain names are subject of the application the responsible registry is .MN Domain Registry, which is available at http://www.nic.mn
if .lc domain names are subject of the application the responsible registry is NIC.LC, which is available at http://www.nic.lc
if .gi domain names are subject of the application the responsible registry is Gibraltar .GI Registry, which is available at http://www.nic.gi
if .mt domain names are subject of the application the responsible registry is Network Information Centre Malta, which is available at http://www.nic.org.mt
if .cm domain names are subject of the application the responsible registry is NETCOM, which is available at http://www.netcom.cm
if .ua domain names are subject of the application the responsible registry is ua ccTLD, which is available at http://hostmaster.net.ua
if .ru domain names are subject of the application the responsible registry is .ru Coordonation Center, which is available at http://www.cctld.ru
if .by domain names are subject of the application the responsible registry is ccTLD BY, which is available at http://cctld.by
if .kz domain names are subject of the application the responsible registry is KazNIC, which is available at http://www.nic.kz
if .vn domain names are subject of the application the responsible registry is Vietnam Internet Network Information Centre, which is available at http://www.vnnic.vn
if .th domain names are subject of the application the responsible registry is T.H.NIC Co. Ltd., which is available at http://www.thnic.co.th
if .ph domain names are subject of the application the responsible registry is dotPH, which is available at http://www.dot.ph
if .my domain names are subject of the application the responsible registry is MYNIC Berhad, which is available at http://www.domainregistry.my
if .au domain names are subject of the application the responsible registry is AUDA, which is available at http://www.auda.org.au
if .nz domain names are subject of the application the responsible registry is .nz Domain Name Commission, which is available at http://www.dnc.org.nz
if .fi domain names are subject of the application the responsible registry is Finnish Communications Regulatory Authority (FICORA), which is available at https://domain.ficora.fi
if .fm domain names are subject of the application the responsible registry is dotFM, which is available at http://www.nic.fm
if .im domain names are subject of the application the responsible registry is nic.im, which is available at https://www.nic.im
if .ar domain names are subject of the application the responsible registry is network information center argentinia, which is available at http://www.nic.ar
if .st domain names are subject of the application the responsible registry is Bahnhof ST Registry, which is available at http://www.nic.st
if .hk domain names are subject of the application the responsible registry is HKDNR, which is available at https://www.hkirc.hk
if .ms domain names are subject of the application the responsible registry is MNI Networks Limited, which is available at http://nic.ms
if .gm domain names are subject of the application the responsible registry is GM-DOM, which is available at http://www.nic.gm
if .is domain names are subject of the application the responsible registry is isnic, which is available at http://www.isnic.is
if .gl domain names are subject of the application the responsible registry is TELE-POST, which is available at http://www.tele.gl
if .nu domain names are subject of the application the responsible registry is .nudomain, which is available at http://www.nic.nu
if .cx domain names are subject of the application the responsible registry is Christmas Island Internet Administration Limited, which is available at http://www.nic.cx
if .gs domain names are subject of the application the responsible registry is Atlantis North Ltd., which is available at http://www.nic.gs
if .ht domain names are subject of the application the responsible registry is Consortium FDS/RDDH, which is available at http://www.nic.ht
if .mu domain names are subject of the application the responsible registry is Mauritius ccTLD Network Information Centre, which is available at http://nic.mu
if .nf domain names are subject of the application the responsible registry is Norfolk Island Data Services, which is available at http://www.nic.nf
if .sb domain names are subject of the application the responsible registry is Solomon Telekom, which is available at http://www.nic.sb
if .tl domain names are subject of the application the responsible registry is Timor Leste Ministry of Infrastucture, which is available at http://www.nic.tl
if .ki domain names are subject of the application the responsible registry is Kiribati Telecommunications Authority, which is available at http://www.nic.ki
if .am domain names are subject of the application the responsible registry is Registry Armenia Network Information Centre, which is available at http://www.amnic.net
if .cd domain names are subject of the application the responsible registry is CDNIC, which is available at http://www.nic.cd
if .ai domain names are subject of the application the responsible registry is whois.ai, which is available at http://nic.com.ai
if .com, .net, .org, .info , .biz, .name, .mobi, .cn., .aero, .cc, .tv, .travel, .tel and / or .coop names are subject of the application the registration agreement is binding, which can be found here for downloading. You can find detailed information of the registry ICANN about the rights and responsibilities of a domain holder here.
You can find detailed information of the registry ICANN about the benefits and responsibilities of a domain holder here.
You can find the registry's policies applicable to gTLDs here.
A directory of registries can be found on the pages of the IANA (at http:/www.iana.org). MandoraWeb is not responsible for the up-to-dateness and correctness of the information on the website of IANA.
5. MandoraWeb will guide its customers through the creation of all documents required by the relevant registry for the registration or renewal of a domain name (e.g. application forms, etc.). Regardless of this, the responsibility for the correctness and completeness of the documents (e.g. printing on company letterheads, notarization of signatures, apostil, etc.) as well as the timely and complete submission of the documents remains exclusively with the customer. The risk that the desired domain name is registered by third parties due to the documents having been received late or the documents being incomplete also is with the customer. In this case the customer does not claim receivables from saved expenses.
6. MandoraWeb and / or the relevant registry may require further personal data and documents for the application of domain names. The customer is obligated to provide the requested data and documents and explicitly grants the disclosure of these to the relevant registry. In some cases documents may need to be provided in original (not electronically transmitted copies). The customer must cover the cost of sending these original documents to MandoraWeb or the registry as the case may be.
7. MandoraWeb applies for domain names on behalf of its customers. In case that the customer cannot meet the requirements for a particular domain (e.g. due to requiring a local branch), MandoraWeb can - on demand by the customer - use its own data or the data of local vicarious agents and/or partners ("Proxy Service"). Although the customer is not the formal holder of the domain name, the domain is used exclusively by the customer. MandoraWeb and its vicarious agents accept this, as if the customer actually was the formal holder of the domain name. MandoraWeb and its vicarious agents ensure and accept that they have no rights on the domain name. MandoraWeb and its vicarious agents hold the domain name directly for the customer, so that he does not allow use of the domain by third parties. This excludes the superordinate registry.
8. MandoraWeb expects all its customers to abide by this acceptable use policy.
For the use of Proxy Service, MandoraWeb additionally expects the customer to assume full responsibility for the use of the domain and all possible consequences thereof. In case that MandoraWeb or one of its vicarious agents is prosecuted in some way due to this fiducial domain holding arrangement, they expect financial and other appropriate support from the customer. If the customer does not provide this support, this constitutes a material breach of trust which makes a continuing business relationship impossible. In this case the domain name can be returned to the relevant registry or - if this is not possible - the domain name can be closed.
9. MandoraWeb will issue a holder certificate for domain names which were registered using the Proxy Service on request of the customer.
10. MandoraWeb does not guarantee in any way the success of domain applications with the relevant registry. MandoraWeb cannot predict the handling time of domain applications with the relevant registry.
11. The event that a domain cannot be registered or assigned does not constitute a supply failure, short delivery or non-delivery of MandoraWeb. Thus the customer is not entitled to a refund and / or compensation. Non-assignment of the desired domain name by the registry to the customer merely means, that the contract between the customer and the registry covering the license of a domain name does not take effect. MandoraWeb's domain service exclusively covers services for the technical operation of a domain name (Domain Name Service, DNS) as well as the creation and submission of the application to the relevant registry and remains unaffected by non-assignment of the desired domain name. In this case the customer refrains from requesting receivables due to non-execution of services.
12. The event that the relevant registry revokes a previously assigned domain name from the customer does not constitute a supply failure, short delivery or non-delivery of MandoraWeb. Thus the customer is not entitled to a refund and / or compensation. Revocation of the desired domain name by the registry from the customer merely means, that the contract between the customer and the registry covering the license of a domain name does not take effect any more. MandoraWeb's domain service exclusively covers services for the technical operation of a domain name (Domain Name Service, DNS) as well as the creation and submission of the application to the relevant registry and remains unaffected by revocation of the desired domain name. In this case the customer refrains from requesting receivables due to non-execution of services. MandoraWeb may suggest an alternative domain name in the same namespace to the customer, but is not required to do so.
13. The event that the desired domain name is already assigned elsewhere does not constitute a supply failure, short delivery or non-delivery of MandoraWeb. Thus the customer is not entitled to a refund and / or compensation. In this case the customer refrains from requesting receivables due to non-execution of services. MandoraWeb may suggest an alternative domain name in the same namespace to the customer, but is not required to do so.
14. MandoraWeb is not liable for the loss of domains due to incorrect or non-effected billing processing, and the resulting non-payment.
15. A title for renewal of a domain name at the relevant registry only exists after complete payment of the concerning receivables, including all maybe accumulating additional cost.
16. Payments for registry fees (REG / TRANSFER / RENEW) are submitted by MandoraWeb directly to the relevant registry, as long as a valid (i.e. a fully paid and not canceled) domain service agreement between MandoraWeb and the customer exists. Payments to registries can only be handled by MandoraWeb as soon as the domain name is allocated to the registrar account of MandoraWeb by the relevant registry. In case a domain name was removed from the registrar account of MandoraWeb by the relevant registry - for whatever reason - no further payments are submitted to the relevant registry by MandoraWeb. In this case the duty for payment towards the registry passes over to the registrant directly.
17. Requests and orders by the customer concerning domain names must be in written form and submitted exclusively through the CustomerCenter. In order to avoid misunderstandings, requests and orders conveyed verbally (e.g. by telephone) are deemed as not taken place as long as they are not confirmed in writing.
18. Wherever possible, MandoraWeb will attempt to meet the desires of the customer according the administrative contact. However, due to domain requirements it may be necessary to enter MandoraWeb or its vicarious agents as the administrative contact at the responsible registry.
19. Outgoing domain transfer requests must be announced at least 5 working days before the start of the transfer within a cancellation of the concerning domain service. Non-announced outgoing domain transfer requests are rejected due to lack of authorisation regardless of the initiator, provided that this is allowed by the relevant registry and technically possible. The handling of outgoing domain transfer requests is charged at 29.00 EUR incl. VAT per started 15 minutes for domain administration where applicable.
20. In case that for the concerning domain name an auth code ( EPP key, domain password or similar) exists at the registry, the customer can demand a change or update thereof within a support request in CustomerCenter. If this auth code is mandatory for the start of an outgoing domain transfer, this will be submitted to the customer automatically within the processing of his domain service cancellation.
21. The customer should react to enquiries and requests for information or documents by MandoraWeb immediately, and must react within at most 5 business days.
If the customer fails to provide the according information within 5 business days, any possible resulting consequences (e.g. non-registration of the desired domain name, resubmission of documents causing additional cost) are on the account of the customer. The customer accepts that the application for the desired domain name cannot be processed at the relevant registry until all requested documents have been provided.
22. The domain service of MandoraWeb includes services for the technical operation of a domain name (Domain Name Service, DNS) as well as the creation and submission of the application at the relevant registry. The use of external Domain Name Servers for domain names under the technical management of MandoraWeb is therefore not supported.
23. The domain search on the website of MandoraWeb solely reflects the statement of the relevant registry regarding the registration status of the queried domain name at that particular time. The status "available" does not imply any conclusion about the actual possibility of registering or assigning of the queried domain name.
V. Electronic Communication (Email, Usenet, etc.)
1. If applicable, the customer will configure mail filtering software in such a way, that the email addresses info@mandoraweb.de, support@mandoraweb.de and noreply@mandoraweb.de will be recognised as acceptable sender addresses and that emails from these addresses are delivered to his inbox without delay. The email address noreply@mandoraweb.de is used only for sending information from MandoraWeb to the customer. Messages sent to this email address will not be processed and are deleted automatically.
2. The customer is obliged to setup and regularly check the following email addresses for all domain names managed by MandoraWeb, as defined in the RFC2142 guideline at ftp://ftp.rfceditor.org/in-notes/rfc2142.txt:
abuse (e.g. abuse@my-domain.tld) and
postmaster (e.g. postmaster@my-domain.tld) and
webmaster (e.g. webmaster@my-domain.tld)
The email address "postmaster@" will be registered as contact email address for the concerning domain name with the relevant registry to enforce privacy and data protection for the domain holder.
3. Customers must not send emails to persons who do not wish to receive such emails. It is strictly forbidden to send unsolicited messages ("junk mail", "bulk mail" or "spam mail") of any kind (commercial advertisements, political tracts, announcements etc.) or to send these or similar messages to a multitude of newsgroups (also known as excessive "cross posting", "multiple posting" or "USENET spam").
4. Customers must not forward or distribute chain letters or emails with malicious, damaging or other content, which violate general morality and/or applicable law.
5. These rules apply to all distribution media on the internet and also to all internet-based applications (e.g. Usenet news, telefax, SMS and similar instruments).
6. Customers who use their own (external) mail server are obliged to configure it in a way, that it cannot be used as an open relay by other users.
7. The customer is prohibited from faking ("spoofing") header information and sender addresses in emails or news articles.
8. The content of web server plans (websites, emails etc.) must be in accordance with legal regulations and general morality.
9. Age-restricted content is only allowed with explicit permission and only on business web server plans in conjunction with a dedicated ip address. Chat scripts, sub-domain hosting, free mail services, image galleries, script hosting services and similar are also only allowed with explicit permission. MandoraWeb reserves the right to apply security restrictions (e.g. safe mode, mod_security, etc.) for server-side applications (e.g. php, perl, apache, customer scripts etc.) in its sole discretion.
10. The caveat emptor also applies analogous to email addresses, with which the customer is provided by MandoraWeb. MandoraWeb reserves the right to delete personal messages of the customer, if they have not been downloaded by him using POP3 / IMAP within 4 weeks after receipt of the messages on the server systems.
Any unsolicited transfer of email by the customer to third parties is deemed as spam and constitutes a violation of this acceptable use policy. Repeated offenses in spite of warnings by MandoraWeb will result in termination of the customer's contract without notice and a contractual penalty of 5,000.00 EUR is deemed to be agreed.
11. As far as the use of the included or optional virus scanner and spam filter is a component of the services of MandoraWeb, the latter is not liable for emails deleted in error. Emails which have been recognized as spam or as being virus-infected do not have to be forwarded or delivered by MandoraWeb. Technically it is possible that emails without viruses are recognized as being infected by a virus and thus deleted from the system. Technically it is also possible that emails which are indeed infected by viruses or are indeed spam, are not recognized as such. MandoraWeb is not liable for any damages caused by malicious emails to the computer system(s) and / or network of the customer. In any case, MandoraWeb strongly recommends the use of additional anti-virus software. By using the services of MandoraWeb, the user explicitly accepts these conditions and the resulting disclaimer unconditionally. By using the email filter(s), the user explicitly agrees to irrevocably delete emails which have been classified as spam or as being infected by viruses. Provided that a quarantine function is included in the services, the customer agrees to check this regularly at least every 7 days.
12. As far as SSL certificates are component of the services of MandoraWeb, the terms and conditions of the relevant certification authority apply. Unless otherwise noted the relevant certification authority is Comodo, online available at http://www.comodo.com MandoraWeb will guide its customers through the creation of all documents required by the certification authority for issuing or renewal of a ssl certificate (e.g. application forms, etc.).Regardless of this, the responsibility for the correctness and completeness of the documents (e.g. printing on company letterhead, notarization of signatures, apostil, etc.) as well as the timely and complete submission of the documents remains exclusively with the customer. The risk that the desired certificate cannot be assigned due to the documents having been received late or the documents being incomplete is with the customer. In this case the customer does not claim receivables from saved expenses.
VI. Terms of payment and payment methods
1. The primary method of payment for payments from the customer to MandoraWeb is wire transfer / remittance. The customer has to free MandoraWeb from all bank fees, transfer fees and / or bank commissions. All fees of a wire transfer / remittance including all maybe accumulating foreign bank expenses and fees of intermediary banks have to be paid by the customer.
2. (Partial) payments by the customer are firstly accepted for in-house effort by MandoraWeb, and then for the benefit of external suppliers. MandoraWeb is entitled to allocate incoming payments from customers independent from the mentioned reason for payment and in its sole discretion to any outstanding items of the concerning customer.
3. MandoraWeb offers additionally to wire transfer / remittance the possibility of payment by credit card. In case the customer wants to pay by credit card, MandoraWeb offers an ssl-secured online payment gateway. Credit card payments have to be done through the online payment gateway mandatorily. Payments by credit card through other means like by phone or fax form are not supported by MandoraWeb. Payment data is handled confidentially according to our privacy policy and will not be disclosed to third parties.
4. Payback of amounts is only possible, if the service has not yet started.
5. Credit card data will be extensively checked, which may take up to 48 hours after initiation of the transaction. Within these checks MandoraWeb may request further documentation in its sole discretion from the payee / customer and / or may reject payments without further notice. The given credit card will be charged immediately after completion of the transaction. Payments to MandoraWeb will be displayed on the credit card statement of the card holder as charged from "www.mandoraweb.de"
6. MandoraWeb is storing the ip address, from which the credit card transaction was initiated. Credit card fraud is a criminal action and each fraud attempt will be followed by legal means by MandoraWeb. MandoraWeb logs each transaction and submits the relevant information to the relevant legal authorities in case of a fraud attempt.
7. In case payment by credit card is not possible temporarily or as a whole - due to whatsoever reason - the customer has to pay by wire transfer / remittance.
8. In case a payment by credit card, by wire transfer / remittance or by any other electronic means is reversed afterwards - for whatever reason and by whoever's instance - all resulting charges including interest must be covered by the customer immediately - the latest within two business days - and MandoraWeb has to be satisfied as if the payment was received as originally received.
9. Handling fees for a retrieval request, for a charge back or for a remittance reversal are charged with 50.00 EUR per incident. If the customer in case of a retrieval request, a charge back or a remittance reversal will not immediately cover the cost (pay) within 2 business days, MandoraWeb has the right to extraordinarily terminate all contracts with the concerning customer at the additional handling fees of 149.00 EUR.
VII. Final Clauses
1. MandoraWeb will check these regulations regularly and adapt them as required without prior notice. The customer will take care himself to review this acceptable use policy in regular intervals for changes.
2. There are no verbal supplementary agreements to this acceptable use policy.
3. In case of uncertainties / disputes between holder and administrative contact, MandoraWeb is not obliged to resolve these nor to provide mediation. Potential costs for legal advice for MandoraWeb will be to the account of either the complaining party or the holder.