DENIC Domain Terms and Conditions

DENIC Domain Terms and Conditions (English version)

Please note: The English translation of the DENIC Domain Terms and Conditions is provided for the convenience of non-German-speaking customers. Only the original German-language version is legally binding.

DENIC Domain Terms and Conditions

The following Terms and Conditions shall apply to the Domain Contract between DENIC eG, Frankfurt am Main, Germany (hereinafter: DENIC), and the Domain Holder.

§ 1 Domain Registration and Administration

(1) The (future) Domain Holder may submit the domain application to DENIC either through a DENIC member or directly to DENIC. DENIC accepts the application upon successful completion of the registration. The Domain Contract is terminated immediately if the Domain Holder has applied for registration through a DENIC member and subsequently fails, within four weeks, to establish the technical requirements necessary for domain connectivity, including the transmission of the relevant technical data to DENIC (condition leading to termination).

(2) If the application for registration is submitted through a DENIC member, that same member shall subsequently administer the domain on behalf of the Domain Holder. Any notifications sent by the Domain Holder to DENIC on the basis of these Terms and Conditions, including termination of the contract, must also be transmitted through that DENIC member. DENIC may likewise transmit notifications to the Domain Holder through that DENIC member.

(3) If the application for registration is submitted directly to DENIC, or if the DENIC member previously administering the domain ceases to do so, DENIC shall assume direct administration of the domain (DENICdirect).

(4) The Domain Holder may transfer the administration of the domain from DENIC to a DENIC member or vice versa, as well as from one DENIC member to another (provider transfer). The transfer requires a corresponding request submitted by the Domain Holder through the future administering DENIC member or, in the case of future direct administration, directly to DENIC. The Domain Holder must provide the password previously deposited or issued. The password is valid for 30 days, can only be used once, and becomes invalid if the administering DENIC member ceases to administer the domain.

(5) If the Domain Holder has activated the “.de Registry Lock” option, changes to Domain Holder data or deletion of the domain are only possible if an effectively authorised third party (Lock Contact) has proven their authorisation to DENIC. The same applies to changes to DNS records.

§ 2 Duties of DENIC

(1) DENIC enters the domain and its technical data into the name servers for the Top Level Domain .de (connectivity). DENIC may refrain from establishing connectivity if
a) there are concrete indications that the Domain Holder’s data is incorrect or incomplete, or
b) the technical data is unsuitable or would result in excessive load on the name servers.

Connectivity will be established once the obstacles are removed. DENIC may revoke connectivity (deconnect) if verification of data fails or if technical obstacles arise after connectivity has been established.

(2) DENIC is under no obligation to verify the correctness or completeness of the Domain Holder’s data or to assess whether registration or use of the domain infringes third-party rights.

(3) DENIC may place a Dispute entry on the domain if a third party provides evidence of a possible infringement of rights and declares its intention to pursue claims. The Dispute entry is valid for one year and may be extended. During this period, the domain may continue to be used but may not be transferred.

§ 3 Duties of the Domain Holder

(1) By submitting the application, the Domain Holder confirms that all information provided is correct and that they are entitled to register and use the domain without infringing third-party rights or applicable laws.

(2) The Domain Holder must ensure the technical conditions required for stable connectivity of the domain.

(3) Immediately after registration, the Domain Holder must verify their data via DENIC’s domain query service and inform DENIC of any corrections or subsequent changes without delay, in compliance with the DENIC Domain Guidelines. Upon request, the Domain Holder shall cooperate in data verification.

(4) If the Domain Holder is not domiciled in Germany, they must appoint, within two weeks of a corresponding request by DENIC, an authorised representative domiciled in Germany for the service of official or court documents.

§ 4 Fees

(1) The Domain Holder is obliged to pay domain charges in accordance with DENIC’s current price list and payment conditions. DENIC may amend the price list with two months’ prior notice. Any bank charges are to be borne by the Domain Holder.

(2) As long as the domain is administered by a DENIC member, the Domain Holder’s obligation to pay fees to DENIC is suspended. If the DENIC member ceases to administer the domain, the payment obligation is reactivated.

(3) DENIC may send invoices by e-mail.

§ 5 Liability

(1) DENIC is liable only for damages caused by intent or gross negligence or for culpable breaches of essential contractual obligations. In cases of ordinary negligence, liability is limited to foreseeable damages, generally not exceeding the domain fee for one year. This limitation does not apply to injury to life or limb.

(2) DENIC members are not vicarious agents of DENIC.

(3) The Domain Holder is liable for any damage suffered by DENIC due to incorrect data.

(4) The Domain Holder indemnifies DENIC against all third-party claims arising from registration or use of the domain.

§ 6 Transfer of the Domain

(1) The domain is transferable unless it is subject to a Dispute entry.

(2) DENIC registers the domain for the future Domain Holder once the existing contract has been terminated and the future Domain Holder submits a valid application and documentation.

(3) The transfer becomes effective upon successful completion of registration in the name of the new Domain Holder.

§ 7 Termination

(1) The Domain Contract is concluded for an indefinite period and may be terminated by the Domain Holder at any time without notice.

(2) DENIC may terminate the contract only for substantial cause, in particular in cases of illegality, persistent breach of obligations, incorrect data, or non-payment.

(3) Upon termination, DENIC may remove the domain and its technical data from the name servers for the Top Level Domain .de.

(4) Fees already paid shall not be refunded.

§ 8 Contractual Language, Applicable Law and Place of Jurisdiction

(1) The contractual language is German.
(2) The Domain Contract is governed by German law.
(3) For legal persons and persons domiciled or habitually resident outside Germany, Frankfurt am Main shall be the exclusive place of jurisdiction.
(4) DENIC does not participate in dispute resolution proceedings before a consumer arbitration board.