The Registration Agreement consisting of the following
is the basis for the access to the pages and services of 1API - including domain registration, renewal of domain names and domain transfers as well as for future business relations.
General Terms and Conditions
1. Object of Agreement
- 1api GmbH -in the following 1api- is an official registrar for domains, accredited by Internet Corporation for Assigned Names and Numbers (in the following ICANN). In this capacity 1api registeres Domains on a "first come, first served" basis.
- All services of 1api are only accepted on the basis of these terms and conditions, as well as subject to the information provided on the website.
- Customers Terms and Conditions are only accepted if 1api has provided their consent in written form.
- 1api can modify their Terms and Conditions, as well as their price list at any point in time. The customer can object to these modifications within 14 days. Should the customer object, then 1api has the right to terminate the agreement within 14 days. If the customer does not object, then the new Terms and Conditions will apply within the abovementioned 14 days.
- The customer is obliged to read and save these Terms and Conditions, as well as the respective appendixes which are relevant to the customer.
- By giving an order through 1api and/or by electronic actions the customer hereby declares, that he has the power to place orders directly himself or as the power of attorney of his organisation and that he agrees to the registration agreement in all parts.
- A contract can either be closed through written or electronical confirmation by 1api or if the purchase is fullfilled.
- If the purchase should only partially be deliverable, then customer will also accept a part-delivery.
- Customer is obliged to check the order confirmation from 1api and must contact 1api immediately should any mistakes be verifiable.
3. Domain registration and renewal of registration
- 1api registers domains as an official registrar accredited by ICANN. Providing or administering domains 1API acts however only as a mediator between the customer and Internic or another institution or company in charge of the administration of the central data base. It has no influence on the distribution process of domain names. As there might be rights of a third party involved 1api has no obligation to guarantee the continuity of the existence of a registered domain.
- The customer assures that the domain name and the use of the domain does not interfere with or infringe the rights of a third party and that there are no other obstacels to register the domain name.
- The different Domains are administered by various different, usually national organisations. Each of these organisations have different terms and conditions relating to the registration of the respective Domains, as well as the proceedings in domain name dispute matters. As far as Domains are the subject of the contract, the additional terms and conditions of each gTLD and ccTLD apply.
- When registering or transfering a domain the customer provides 1api with the power of attorney to submit all updates done through 1api (e.g. DNS Updates, WHOIS-Updates, as well as other domain configuration) on his behalf directly to the respective registry in real-time.
4. Domain Name Dispute Policy and Exemptions
- The customer agrees to clarify and settle any disputes according to the Dispute Resolution Policies of the respective responsible Organisations. These Policies can be viewed on the Website of 1api. The language in the Policies may differ depending on the mother tongue of the country.
- The customer accepts that 1api acts as an accredited registrar and might be bound to lock, cancel a domain or to transfer it to a third party - according to UDRP-regulations - if the customer does not provide evidence within ten days after an Administrative Panels decision, that he has commenced a lawsuit against the complainant in a Mutual Jurisdiction regarding the right to use the disputed domain name.
- 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 Holders domicile and (2) where Registrar is located.
- During a pending administrative proceeding or during a period of fifteen (15) days after such proceeding is concluded or during a pending court proceeding or arbitration commenced regarding the domain name the 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.
5. Limitation of Liability and Force Majeure
- As a condition of the customerâ€™s access and use of the registration service and other services the customer agrees to defend, idemnify, save and hold harmless 1API, agents, partners, ICANN, the central registry as well as all persons involved in the registration process in respect to all claims, demands, liabilities, costs and/or expenses resulting from an illegal use of a domain name registered by the customer.In the event of a claim, customer has the right to prove 1api, 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.
- 1API GmbH, agents, partners, ICANN, the central registry nor any person involved in the registration 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 herunder 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 beeing experienced by providers of telecommunication services generally, or other similar force or condition beyond 1APIâ€˜s reasonable control.
- 1api cannot be held liable for delays of services and server downtimes due to higher force, fault of third parties or due to events, which 1api has no influence on, despite any agreed upon deadlines and dates. You hereby permit 1api to postpone the service-supply and/or achievement by the duration of the respective disruption plus an appropriate starting time. Furthermore 1api can limit 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.
- Concerning registration of multilingual domain names 1api 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. 1api has no obligation to guarantee the continuity of the existence or availability of multilingual domain names and registration is on customers own risk. The customer acknowledges, that the functionality of multilingual domains is not hte same as regular domains. Furthermore the customer also acknowledges, that a multilingual domain, due to the introduction of constantly new technical features, may not function at all.
- For all services of 1api liability will be limited to intention and gross negligence.
- 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. negligence.
6. Duration of Contract and Termination
- The duration of contracts concerning registrations of domain names or the administration of domain names transferred to 1api from another registrar can be depending on the respective domain (starting from the date of transfer) one (1) to ten (10) years. Renewals can also be processed for time periods between one (1) to ten (10) years, depending on the respective domain.
- For registered domains: If the parties do not agree otherwise, a contract with a limited duration will automatically be renewed for twelve (12) months if one of the parties does not confirm the termination, in writing, three (3) months before the termination.
- Apart from the regulations under Article 2 both parties have the right to terminate the contract for an important reason. An important reason on behalf of 1api can be if the customer:
In these cases the customer loses all rights.
- Is in more than 14 days 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 more than 20 Calendar-Days in delay of submitting the payment for a contract which has an undefined length,
- violates against the rights and obligations of these Terms and Conditions,
- if obvious violations of the law are present,
- despite warning within appropriate period does not modify his websites in such a way that they meet the requirements regulated in the Terms and Conditions or
- acts contrary to the Terms and Conditions of the Registration and the Requirements.
- The customer will be informed by e-mail no later than 30 days before the end of the registration period asking payment for renewal. In the case of non payment at least three (3) days prior to the expiration date, then the customer will lose all rights on his domain. 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, then we will automatically charge the due amount ten (10) days prior to the expiration date and the contract will be renewed accordingly.
- In case 1api can not maintain the registration of a sub-level-domain according to the terms and conditions of the respective Registry, then 1api can terminate this contract by giving notice, in writing, not later than 14 days before the end of a month.
- In case of termination of the Domains either through the customer himself or a Domain disputes decision, the customer has no claim for a substitute domain or a refund. Should the Domain be terminated prematurely, then no refunding will take place, if the termination was not caused deliberately or grossly negligently through 1api. This applies likewise to other performances or additionally booked options.
- The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.
- In case of a termination of the accreditation of 1api as registrar, 1api can terminate a contract by giving notice, in writing, not later than 14 days before the end of a month.
- Cancellations and notice explanations are required in writing, which applies by fax as protected.
7. Data and Protection of Data
- The customer is committed to supply 1api with the following information and data. The customer assures that all submitted data and information to 1api is correct and complete. By changing the data in the customer-online-interface, the customer furthermore assures that these modifications are correct, complete and thruthful. The customer acknowledges that the indication of incorrect data can lead to the immediate deletion of the respective domain without refund. This concerns in particular
The information has to be modified if necessary.
- his full name, postal address, e-mail address, voice telephone number, and fax number if available - if the registrant is an organization, association, or corporation - additional information on name and address of an authorized person for contact purposes,
- if the customer intends to use an own Domain Name Server (DNS): the IP-addresses of the first and secondary server,
- the names of these servers,
- the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact,
- the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact and
- the full name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact.
- According to article 33 of the German Law on the Protection of Personal Data 1api informs his customers that in the process of the registration of domains personal data are stored and processed and that peronsal data are transfered to third parties involved in the registration process. The registration also includes storage of personal data in so-called "whois" data base.
- 1api is authorized to use the data for improvement of its services and to even better adapt its services to the needs of the customers.
- The customer has the right to be informed free of charge on the storage of his personal data.
- The customer agrees to receive informational and marketing emails directly from 1api.
- The prices for domain registration and other services of 1api are published on its website; these prices can be changed at any point in time.
- Prices for renewals of domains are only valid for the actual price on the day of the transaction.
- Payment can be made by credit card (VISA, Mastercard, AMEX), wire transfer or by sending a check to a German bank.
- The registration of services can only proceed after receipt of payment. Should you identify to pay via check or wire transfer, then the registration process will get processed after the funds have been received on the bank account of 1api. All transaction costs are to be covered by the customer.
- Customer agrees that he will lose all rights on the selected domain name in case of a charge back by their bank or credit card company, credit card fraud or any other reversed payment. 1api will in such cases decide at its own sole discretion whether to hold the name in its own portfolio or to cancel the domain name.
- Should the customer wish to receive an invoice by regular mail then 1api has the right to charge three (3) Euro for each mail-package. If a bank debit is denied by customer, then 1api can charge a processing fee of 7,67 Euro per bank debit plus the bank costs which are currently 3 Euro.
- The payment for a domain registration and other fees are not refundable in case of a premature termination of contract.
- Prepayments for domains which could not be registered will be entered onto the customer account and can be refunded at any point in time. The customer will cover all costs of this refund.
- Against claims of 1api the customer can only offset his own claims if these claims are accepted by 1api, in writing.
- In the case of using web hosting services of 1api customers are responsible to provide full information of name and address in the contents. The customer is furthermore committed to identify the contents on his website as his own together with his complete Name and address. It is also pointed out to the customer that any further obligation of identification e.g. if the content on the respective websites relates to Telecommunication-Services or Media-Services.
- 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. In particular the customer is committed not to publish pornographic contents and no services directed towards realisation of profits, that are related to pornographic or erotic contents (e.g. pictures of naked people, Peepshows etc..). 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. In each case, the customer will be held liable for all damages resulting from above. Furthermore the customer is committed to cover all damages with may have resulted due to the above.
- The customer is responsible to only publish webcontents which comply with the law and the rights of third parties (including copyright and all rights concerning trademarks and personal data).
- 1api is not committed to check the the contents of the customers websites or internet-presences. After recognizing legal offences or inadmissible contents, 1api has the right to lock the internet-presence immediately. 1api will furthermore inform the customer immediately of such action.
- The customer agrees to defend, indemnify, save and hold 1api harmless in respect to all claims, demands, liabilities, costs and/or expenses resulting from a violation of the obligationes mentioned under Article 1 and 2.
- All servers of 1api are normally active 24x7. 1api however cannot guarantee to supply services without any interruption. 1api cannot be held liable for loss of data, interrupted data transmission and any other problems which may occur due to technical breakdowns.
11. Customers responsibilities
- The customer is responsible for passwords given to him by 1api. If there is an unauthorised insight then the customer is committed to inform 1api immediately. Should third parties receive access to the passwords, due to fault of the customer, then the customer is liable towards 1api for all damages including users fees and compensation.
- 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 emails have the same content and are sent to a broad mass (so-called "Spamming"). Should the customer violate this responsibility, then 1api has the right to delete all services and hold the customer liable for all damages resulting from this.
- The customer is obliged to check his emails on a regular basis of max. two (2) weeks. 1api is allowed to send messages back to the sender, should the capacity of the respective email-box be full.
12. Final Clauses
- Modifications to the terms and conditions or the contract, as well as cancellations will only be accepted in writing, including e-mail transmission.
- For commercial customers and legal entities in Germany, as well as for all customers without permanent residence in Germany, Saarbrücken / Germany will be the exclusive place of jurisdiction.
- For the contract between 1api and its customers the German law is the only effective law.
- If any provision of these terms and conditions shall be unenforceable and/or invalid, such unenforceability and/or invalidity shall not render these terms and conditions uneneforceable or invalid as a whole. Any provision determined to be unenforceable or invalid shall nontheless be enforced to the fullest extent permitted by applicable law. Such provision might also be replaced by 1api with one which is valid and enforceable and contents, to the extent possible, of the original objectives and intents, as reflected in the original provision.
- Both, the English and German version of these "terms and conditions" are valid. In case of doubt, however, the German Terms and Conditions will be decisive.
Privacy Data Regulations
In visiting our site, you are required to provide information to
To register a domain name, you are required to provide the name you are registering; your name and postal address (or those of the person for whom you are registering the name); technical information about the computer with which the domain name will be associated; and the name, postal address, e-mail address, and voice and (where available) fax telephone numbers for the technical, administrative, billing, and zone contacts for the domain name. Once the domain name has been registered, your registration agreement requires you to correct and update this data promptly.
If you submit a question about our service, you will be asked to provide your name, telephone number, and e-mail address.
- register a domain name,
- update information about a domain name previously registered, or
- submit questions about our service.
Why you must provide the information.
The information you provide when registering a domain name (or correcting or updating registration information) is required
It will also be stored under a data escrow program to keep the domain name operating in the event we leave the domain-name registration business. When you submit a question to our website, contact information is needed so that we can respond.
- to allow the Internet to associate the domain name with your computer,
- to allow us to properly handle your account (including notifying you at renewal time) and
- to permit others operating or using the Internet to easily contact you to resolve issues that arise in connection with the domain name.
Who will receive the information.
We will provide information you submit in registering a domain name or updating related information to our own employees and consultants, to the administrator of the registry for the top-level domain in which you are registering (currently Network Solutions, Inc. for .com, .net, and .org), to operators and users of the Internet making Whois queries concerning your domain-name registration, to the Internet Corporation for Assigned Names and Numbers (ICANN) (which provides technical coordination for the Internet), and to escrow agents, auditors, Whois service providers, and replacement registrars that ICANN may designate. Information you provide in asking questions about our service may be given to our employees and consultants and, upon its request, to ICANN.
Accessing, correcting, and updating information.
You are required to correct any erroneous or out-of-date contact information concerning you registration. You can access the information you provide, correct it, and update it by visiting our website.
Information you provide about others.
In providing personal information about other individuals (such as someone in whose name you are registering or the domain name`s technical or billing contacts), you represent that you have notified them of the purposes for which the information will be used, the recipients of the information, and how they can access and correct the information, and that you have obtained their consent.
gTLDs (com, net, org, biz, info, mobi, asia, name)
By registering .mobi Domains, the registrant also agrees to the Registration Policies of the official .mobi registry. Registrant agrees that he will comply with all requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted.
.AC (Ascension Island), .IO (British Indian Ocean Territory), .SH (Saint Helena)
Terms and Conditions:
.AG (Antigua and Barbuda), com.AG, net.AG, org.AG
- Trustee (Billing-C) Contract:
- The registrant ensures that he acts according to the applicable law and the policy of the registry. The registrant ensures that he does not try to register domain names that might violate the policy of the registry.
- The registrant ensures that he does not use the domain or content related to the domain in any way that violates applicable law or policies.
- The registrant agrees that the trustee is entitled to act according to requests of the registry and any other legal entities responsible for relevant judgement about the domain name.
- The registrant ensures that he keeps the trustee free of financial obligations that might arise out of the usage of the trustee as a CED contact.
- The registrant accepts that in case of any violation of the contract or parts of contract the trustee is entitled to charge a fee up to NZD 10.000$. This fee might be charged due to legal inquiries of prosecution of the trustee due to violation of applicable law based on content or unlawful use of the domain.
- The registrant is responsible for removing domarino LTD as the CED contact from the domain if the domain is transferred to a registrar that uses a different trustee.
.AT (Austria), .co.AT / .or.AT
- General Registration Terms and Conditions of the nic.at Internet Verwaltungs- und Betriebsgesellschaft m.b.H.
- NIC.AT Registration Guidelines
- When transferring an .AT domain the remaining registration term will be taken over.
If the Reseller initiates an ".AT Transfer-Antrag" (Transfer), then according to the NIC.AT Terms and Conditions he is committed to having a signed "Transfer-Antrag" either through the Admin-C or the DomainOwner in his possession. When initiating the .AT Domain transfer it is not mandatory to fax this document to 1API.
- The Reseller is however obliged to provide 1API with this signed "Transfer-Antrag" within 48 hours after receipt of request through 1API. In the event that the Reseller does not provide 1API this "Transfer-Antrag" within the given time period, then 1API is permitted to charge the Reseller a contractual penalty fee of 1000 Euro.
.CC (Cocos (Keeling) Islands)
.CH & .LI
.CN (China), .com.CN / .net.CN / .org.CN
Registrant may not register or use a domain name that is deemed by CNNIC to:
- Be against the basic principles prescribed in the Constitution of the Peoples Republic of China ("PRC")
- Jeopardize national security, leak state secrets, intend to overturn the government, or disrupt of state integrity of the PRC
- Harm national honor and national interests of the PRC
- Instigate hostility or discrimination between different nationalities, or disrupt the national solidarity of the PRC
- Violate the PRC"s religion policies or propagate cult and feudal superstition
- Spread rumours, disturb public order or disrupt social stability of the PRC
- Spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC
- Insult, libel against others and infringe other people' s legal rights and interests in the PRC
- Take any other action prohibited in laws, rules and administrative regulations of the PRC
- General Registration Terms and Conditions of the DENIC e.G.
- DENIC e.G. Domain Guidelines
- Trustee (Admin-C) Terms and Conditions:
Trustee Contract EN (1API requires a Trustee Agreement, that their resellers agree to.
In order to transfer a domain, the Reseller must provide evidence of permission, either through the registrant of the respective domain directly or through an administrative contact. Internet-Service-Provider (ISP = Reseller) will support 1API with the registrar-transfer either to or from 1API upon requirement according to 6 of the general registration terms and conditions of the DENIC e.G.
When transferring a .DE domain the remaining registration term will neither be taken over nor any payments be reimbursed.
If the ISP initiates a "KK-Antrag" (Transfer), then according to the DENIC Terms and Conditions he is committed to have a signed "KK-Antrag" either through the Admin-C or the DomainOwner in his possession. When initiating the .DE Domain transfer it is not mandatory to fax this document to 1API.
The Reseller is however obliged to provide 1API with this signed "KK-Antrag" within 48 hours after receipt of request through 1API. In the event that the ISP does not provide 1API this "KK-Antrag" within the given time period, then 1API is permitted to charge the ISP a contractual penalty fee of 1000 Euro.
.EU (dot EU)
.ES (Spain), com.ES, org.ES, nom.ES
.FM (Federal State of Micronesia)
.GS (South Georgia and the Sandwich Islands)
.HN (Honduras) - com.HN, net.HN, org.HN
.IM (Isle of Man)
.IN (India), co.IN, net.IN, org.IN, firm.IN, gen.IN, ind.IN
.KI (COM.KI, NET.KI, ORG.KI)
.LA (Lao People's Democratic Republic)
.MD (Republic of Moldova)
.MU (COM.MU, NET.MU, ORG.MU)
.NF (COM.NF, NET.NF)
.NZ (New Zealand)
.PL (Poland), com.PL, net.PL, org.PL, info.PL, biz.PL
.RU (Russian Federation)
.SC (Seychelles), com.SC, net.SC, org.SC
.SG (Singapore), com.SG
By registering a .Travel-Domain, the registrant also agrees to the Registration Policies of the Registry Tralliance Corporation:
Name registration is limited to names to which the travel organization holds rights to, or uses in their business.
In the following some examples:
Eligibility is verified by the .travel Registry reviewing information provided by the applicant to determine that the applicant is primarily carrying on business or operations in the travel industry within one or more of the following industry segments:
- Incorporation (legal) Name/Partnership Name/Individual Name
- Doing Business As; Trade Name; or Business Name
- Domain Name as used in a URL
- Trade Mark
- Service Mark
- Product Name
- Club or Association Name
- Transport Vessel Name
- Competition/Event Name
- Division Name
- Subsidiary Name
- Acronyms (must be only the first letter of the primary words of the name)
- Attractions/Theme Parks
- Bed & Breakfast Houses
- Bus/Taxi/Limousine Operators
- Camp Facility Operators
- Vehicle Rental Companies/Airport Specialty Car Park Companies
- Computer Reservation/Travel Technology Provider
- Convention & Visitor's Bureaus
- Cruise Lines
- National Tourism Offices
- Passenger Rail Lines
- Tour Operators
- Travel Agents
- Travel Media
- Travel-Consumer and Market Research Organizations
.TW (Taiwan), .TW, com.TW, org.TW, idv.TW, ebiz.TW, club.TW, game.TW
.UK (United-Kingdom), .co.UK, .org.UK, .me.UK
.US (United States of America)
AdamsNames (.GD [Grenada], .MS [Montserrat], .TC [Turks and Caicos Islands], .VG [Virgin Islands, British])
.VC (St. Vincent and the Grenadines), .com.VC, .net.VC, .org.VC
.WS (Western Samoa)
- Uniform Domain-Name Dispute-Resolution Policy of ICANN (UDRP)
- Reseller understands that the ".WS" TLD stands for "WebSite". Accordingly, Reseller shall ensure that the words "WebSite" appear in a parenthetical next to the registry whenever the Registry is promoted on Reseller's web site(s) or on any web site(s) of Reseller's resellers and affiliates that Reseller controls.