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Terms and Conditions of Application for New Domain Names (nGTLD)

Agreement between the company 10dencehispahard, S.L., with registered office in Malgrat de Mar, Calle Girona Street, 81-83, Local 6, 08380, and Spanish fiscal ID number B-62844725, hereinafter CDmon and the contracting party, hereinafter the Client. Being familiar with the characteristics of the service, the Client understands and freely accepts the terms and conditions set out in the clauses herein. Both CDmon and the Client are interested in the execution of these clauses, and accept the terms and conditions set out in them, as follows:

CLAUSES

1.- PURPOSE

1.1 The purpose of the terms and conditions contained herein is to regulate the conditions by which the Client may request, through CDmon, one or more new domain names (nGTLD).

1.2 These specific terms and conditions shall be applicable to the Client's relationship with CDmon and supercede any and all prior agreements, whether verbal or written, concerning the subject thereof.

1.3 The terms and conditions of this contract, together with any additional information regarding the service covered by them, are published on the CDmon website www.cdmon.com and constitute a single, binding agreement between the parties.

2.- CHARACTERISTICS OF THE APPLICATION FOR NEW DOMAIN NAMES (nGTLD)

2.1 The service contracted under these terms and conditions includes a commitment on the part of CDmon to accept applications for new domain names (nGTLD) chosen by the Client.
CDmon shall inform the Client of the start dates of the different registration periods corresponding to the extensions of any new domain names (nGTLD) requested by the Client.

2.2 These terms and conditions shall apply only to the initial application for the domain names chosen by the Client. Once CDmon notifies the Client of the start date of the general availability registration period for the requested new domain name (nGTLD), the Client must confirm their application through the procedure set by CDmon, accept the terms and conditions of confirmation of the application and pay the corresponding fee. With this confirmation, CDmon shall send a reservation request to the corresponding Registry as soon as the general availability period of the corresponding extension begins.

2.3 CDmon shall accept only one application per domain, thus the Client cannot request a domain through CDmon if another client has done so previously.

2.4 Domain names with multilingual characters (IDN) cannot be requested.

2.5 In no case shall the request for a new domain name (nGTLD) imply pre-registration of the domain nor guarantee that this domain will be registered to the Client.

2.6 The Client understands and agrees that::

  • The initial application for a new domain name (nGTLD) will not have priority over domain registrations that may be made by third parties during the registration periods, or over domains that have been requested or reserved by the Registry.
  • The appropriate Registry for the domain extension the Client applies for may decide that the extension will be withheld from the general availability period, or not offered publically.
  • In the event of the Client failing to confirm his or her application by way of payment to CDmon of the corresponding fee, before the beginning of the general availability period for the corresponding extension of the domain, the Client's application will be rejected and CDmon will not forward the reservation request to the Registry.
  • CDmon in no case guarantees that the domain name for which the Client applies will be registered.
  • During the general availability period, the right to register new domain names (nGTLD) falls to the first person to apply for the domain, and applications shall be processed in chronological order of payment.
  • CDmon cannot guarantee registration during the general availability period of domains subject to claims regarding registered trademarks. Therefore, the Client expressly waives their right to liability claims (contractual or otherwise), compensation or damages from CDmon for failing to obtain registration of the requested domain name.

2.7 Via the Control Panel, the Client can check domain names for which requests have been submitted, and the status of them.

3.- PRICE OF APPLICATION

The initial request for new domain names (nGTLD) is free. Notwithstanding, in the case of CDmon informing the Client of the forthcoming opening of the general availability period for the extension for which an application has been submitted and the Client electing to confirm this application, he / she shall proceed to pay the fee for each extension.
Updated fees are published by CDmon at www.cdmon.com.

4.- ENTRY INTO FORCE, DURATION AND EXTENSION

4.1 The terms and conditions herein shall enter into force on the day of their formalisation, upon the Client completing the application form requesting one or more new domain names (nGTLD).

4.2 The terms and conditions herein shall be valid until the Client confirms the order of the new domain name (nGTLD) by paying the reservation fee. The corresponding terms and conditions of said confirmation shall be accepted. In the event of the Client failing to confirm the application for new domain name (nGTLD), the initial application made under these terms and conditions will be rejected.

4.3 The current and updated version of these terms and conditions is published (in Spanish) at www.cdmon.com/es/avisos-legales.

5.- OBLIGATIONS OF THE PARTIES

5.1 CDmon is not responsible for the effective request of the domain name chosen by the Client at the time of application actually being presented, even though available at the time these terms and conditions come in force. Therefore, the Client expressly waives their right to liability claims (contractual or otherwise), compensation or damages from CDmon or the corresponding Registry in relation to the application for the domain or for failing to register the requested domain name.

5.2 Neither CDmon nor the corresponding Registry shall in any case be responsible for the violation of intellectual property rights or any other legitimate rights and interests arising from the registration of a domain name requested by the Client.

5.3 CDmon is not responsible for that which is exclusively attributable to the Client and/or holder, or that which is attributable to the performance of the relevant Registrar, nor for errors resulting from the registration process.

5.4 Neither CDmon nor the corresponding Registry shall be responsible for direct or indirect damages arising from the Client's failure to comply with the rules governing domain names.

5.5 CDmon and the corresponding Registry reserve the right to suspend or cancel the request made by the Client in the event of the request transpiring to have been made in contravention of any applicable standard or acceptable policy of Internet use, or in the case of the application being made for illegal purposes.

5.6 CDmon and the Registry reserve the right to refuse or cancel any domain name application in the following cases:

  • 5.6.1 To comply with applicable laws and legal requirements.
  • 5.6.2 For breach of the terms and conditions contained herein.
  • 5.6.3 To avoid any civil or criminal liability of CDmon, the Registry or their respective directors, officers, employees, agents, affiliates and shareholders.
  • 5.6.4 To correct errors made by CDmon or the Registry relating to the domain name.
  • 5.6.5 To protect the integrity and stability of CDmon and the corresponding Registry.

5.7 The Client is solely responsible for the choice of the domain name applied for. Prior to submission, the Client must verify that the new domain name (nGTLD) has not been previously applied for through CDmon. The Client should be aware that although no CDmon client has requested the new domain name (nGTLD) as chosen by the Client, that domain may have been requested by a third party through another provider. The search tool at www.cdmon.com indicates only whether the domain name in question has been applied for or not through CDmon. In all cases searches performed using this tool and the results obtained thereby are merely informative. If results indicate the domain name has not been the subject of an application, the Client should nonetheless verify this information as the database could be outdated or the domain name have been requested by a third party in the span of time between the application and the confirmation of it.

5.8 The Client guarantees CDmon that the application for the chosen domain name shall not be made for any unlawful purpose, nor infringes the rights of intellectual or industrial property or any other rights or legitimate interests of others.

5.9 The Client declares and guarantees that all information provided to CDmon is complete and correct. Furthermore, he / she shall immediately inform CDmon of any change in this information.

6.- TRANSFER

The Client may not transfer rights and obligations arising from these terms and conditions to third parties without the prior written consent of CDmon, and if obtained, said transfer must be carried out according to the regulations set out by the corresponding Registry.

7.- MODIFICATIONS

The service governed by these terms and conditions may be amended by CDmon and / or the appropriate organisation responsible for new domain name (nGTLD) applications.
With regard to this point, CDmon shall be obliged merely to inform clients affected by such changes by posting them on the appropriate CDmon web page.
The Client, having been informed of the modification by CDmon, may reject the new terms and conditions if not in agreement with them.

8.- TERMINATION

8.1 In addition to the causes established in law and in those included in the present clauses, these terms and conditions will cease be effective in any of the following cases:

  • 8.1.1 Mutual agreement.
  • 8.1.2 When the application is not confirmed by the Client and thus expires.
  • 8.1.3 Termination for failure by either party to comply with the obligations arising from these terms and conditions for which they are responsible.
  • 8.1.4 Upon the Client confirming their application and accepting the conditions of confirmation.
  • 8.1.5 Upon the domain name for which the Client applies being either granted or rejected.

8.2 In the case of the Client's breach of contract being due to the rescission of the terms and conditions herein, CDmon reserves the right to terminate this contract without notice and without the Client being entitled to compensation or reimbursement of any kind.

8.3 In the event of termination or rescission of these terms and conditions, due to the aforementioned causes or any others established in law, the Client shall be bound to fulfill all obligations, both to CDmon and to third parties, contained therein.

8.4 In those cases where the termination of these terms and conditions occurs for reasons attributable to them, CDmon shall act in accordance with the provisions for such cases as established by the appropriate registrars and ICANN.

8.5 The Client may, at any time, withdraw the request for a new domain name (nGTLD) via the Control Panel.

9.- LIMITATION OF WARRANTY AND LIABILITY

The Client agrees to compensate, bring no charges or in no way hold responsible CDmon or the corresponding Registry, or their respective employees, shareholders, officers, directors, agents and representatives, and to defend them from and against any and all liability, claims, loss, damage, injury or expense, including reasonable legal fees and expenses generated or related to the domain name application. This obligation shall survive the termination of these terms and conditions.

10.- APPLICABLE LAW AND JURISDICTION

Matters not provided for in these terms and conditions, as well as in the interpretation and resolution of conflicts that may arise between the parties as a result of them, shall be resolved in accordance with Spanish law, except in that which affects the application for and registration of domain names, where the regulations of ICANN, the Registrar and the appropriate Registry shall apply.

11.- ANNEXO. DEFINITIONS

CDmon

Company specialised in developing customised solutions to meet Internet presence needs, offering domain registration and web hosting services, and which complies with all the legal requirements to carry out the services covered by this agreement.

Client

Any natural or legal person completing the application form to apply for new domain names.

Holder and / or Registrant

Natural or legal person for whom the domain name is requested and, if approved, is entitled to use for addressing purposes in the Internet domain names system, for the period specified by the appropriate registrar.

Registrar

Registering authority or organisation, national or international, public or private, authorised by ICANN to manage domain names and publish, via Whois, requested information concerning the domain owner, their contacts and DNS domains administered by them.

Registry

Public or private organisation, authorized by ICANN, that manages and maintains the database for each TLD (Top Level Domain) name.

Specific Terms And Conditions

The characteristics of the clauses contained in this document, sorted by product type, are available (in Spanish) for consultation at http://www.cdmon.com/es/avisos-legales/

Domain name

Set of characters used to identify an IP address on the Internet, via DNS.

New domain names (nGTLD)

Domain names with new extension types approved by ICANN.

IP (Internet Protocol)

Set of rules governing the transmission of data over the Internet.

ICANN (Internet Corporation for Assigned Names and Numbers)

Non-profit corporation responsible for locating IP addresses, assigning protocols, addresses for domain and server name systems, and ensuring the functioning and stability of the Internet.

IDN (Internationalized Domain Names)

Internationalized domain names using multilingual characters from any language, other than those included in the English alphabet.

Control Panel

Tool developed by CDmon which, among other functions, allows each client to contract and manage products, check invoices emitted, update invoicing information etc.

Grace Period, Redemption Period and Delete Period

Different periods of registration, determined by the appropriate Registry, according to the domain name. Grace Period The period in which the domain has expired and ceases to function, and which must be renewed immediately in order to for it to be retained. Redemption Period. The domain has been removed, but can be restored and renewed at a higher cost than usual renewal. Delete Period. The domain cannot be restored and is  freely available.

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