Registry Registrar Agreement ("Agreement") is between you, the person or entity registering a domain or domains and HOSTEUR.FR (ABCONNECT company), and is effective when accepted by HOSTEUR.FR (ABCONNECT company) at its offices in Marseille, France, (the "Effective Date"). HOSTEUR.FR (ABCONNECT company) may elect to accept or reject your offer to enter into this Agreement for any reason in its sole discretion, such rejection including, but not limited to, a rejection based on a request for registration of a prohibited domain.
Your domain registration will be effective upon occurrence of all of the following:
In addition, in accordance with your selections during the domain registration process, HOSTEUR.FR (ABCONNECT company) may provide you with the option of additional paid/free services in accordance with the terms below but reserves the right to modify/discontinue those services at any time. You must agree to abide by the terms, or HOSTEUR.FR (ABCONNECT company) will not provide the services you selected to you. For the following service(s): Our hosting services, Whois Privacy, please review those individual links to see their Terms of Service, in addition to this Agreement.
You understand that HOSTEUR.FR (ABCONNECT company) does not control all aspects of the domain registration process. For example, once you complete a domain application, HOSTEUR.FR (ABCONNECT company) forwards the information contained in the application to the appropriate Registry Administrator for processing and actual registration of the name. HOSTEUR.FR (ABCONNECT company) disclaims, and you agree that HOSTEUR.FR (ABCONNECT company) is not liable for any inaccuracies regarding the registration information relating to (i) the input of the information by you; and (ii) the input of the information by the Registry Administrators. HOSTEUR.FR (ABCONNECT company) will not be held liable, nor refund a domain name registration due to spelling errors/typos.
HOSTEUR.FR (ABCONNECT company), in accordance with ICANN policies, reserves the rights to refuse to register multiple domain registrations.
4.1 Payment of fees as a condition to domain registration. As consideration for the domain
registration service provided by HOSTEUR.FR (ABCONNECT company), you agree to pay HOSTEUR.FR
(ABCONNECT company), prior to the effectiveness of the desired domain registration, all registration
and other applicable fees as indicated via a valid Credit Card (no checks). Except as provided herein,
all fees are non-refundable, in whole or in part, even if your domain registration is suspended,
cancelled or transferred prior to the end of your then-current registration term. It is the
responsibility of the listed Registrant for the domain name to maintain records appropriate to
document and prove the initial domain name registration date.
4.2 Reservation of right to modify fees. HOSTEUR.FR (ABCONNECT company) reserves the right to modify fees, surcharges, and renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
4.3 redit card charge-backs for domain registrations. In the event of a charge-back to HOSTEUR.FR (ABCONNECT company) by the credit card company (or similar action by another payment provider used by us) for the credit card used in connection with the payment of the registration or other fee, you agree and acknowledge that the domain registration shall be transferred to HOSTEUR.FR (ABCONNECT company), Inc. as the paying entity for that registration to the registry(ies) and that we reserve all rights regarding such domain including, without limitation, the right to make the domain available to other parties for purchase. HOSTEUR.FR (ABCONNECT company) also reserves the right to lock your account and the remainder of your domains until a payment is made to cover any administrative fees or chargeback fees in the amount of 100 €. In HOSTEUR.FR (ABCONNECT company), Inc.'s sole discretion, it may reinstate your domain registration, subject to HOSTEUR.FR (ABCONNECT company)'s receipt of the registration fee and any reinstatement fees (100 €) imposed by HOSTEUR.FR (ABCONNECT company).
4.4 Credit card charge-backs for non-domain registration services. In the event of a charge-back by the credit card company (or similar action by another payment provider) for the credit card used in connection with the payment of a non-domain registration fee, you agree and acknowledge that service shall not initiate or will be discontinued, if previously in use, and any information maintained by the service may be deleted along with your account and the remainder of your services being locked until a payment is made to cover any administrative fees or chargeback fees in the amount of 100 €. In HOSTEUR.FR (ABCONNECT company)'s sole discretion, it may reinstate your services, subject to HOSTEUR.FR (ABCONNECT company)'s receipt of the non-domain registration fee and any reinstatement fees (100 €) imposed by HOSTEUR.FR (ABCONNECT company).
4.5 HOSTEUR.FR (ABCONNECT company) reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You.
5.1 Registration information. As part of the domain registration process and in accordance
ICANN Policies, a domain registrant is required to submit and keep current the following information
(collectively, the "Registration Information"):
5.2 Additional registration information. In addition, in accordance with ICANN policies,
HOSTEUR.FR (ABCONNECT company) is obligated to maintain additional information relating to a domain
registration, which may include (collectively, "Additional Registration Information"):
5.3 Se of registration information and additional registration information. You agree and
acknowledge that HOSTEUR.FR (ABCONNECT company) will make available the Registration Information and the
Additional Registration Information to ICANN; to other third parties such as VeriSign, Inc. Global Names
Registry Ltd., Neustar, Inc., Afilias USA, Inc., Global Domains International (collectively, "Registry
Administrators"); and as applicable laws may require or permit. Additionally, you acknowledge and agree
that ICANN and the Registry Administrators may establish guidelines, limits and/or requirements that
relate to the amount and type of information that HOSTEUR.
COM (ABCONNECT company) may or must make available to the public or to private entities, and the manner
in which such information is made available.
Further, you hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain (including any updates to such information), whether during or after the term of your registration of the domain.
Moreover, you hereby irrevocably waive any and all claims and causes of action that may arise or have arose from such disclosure or use of your Registration Information and the Additional Registration Information.
5.4 Information updating and accuracy obligations. As a condition to continued registration of your domain, you must keep the Registration Information current, complete and accurate.
You may access your Registration Information in HOSTEUR.FR (ABCONNECT company)'s possession to review, modify or update such Registration Information, by accessing HOSTEUR.FR (ABCONNECT company)'s domain manager service, or similar service, made available at our Web site.
In accordance with ICANN policies, you acknowledge and agree that if you willfully provide inaccurate information or fail to update your Registration Information promptly will constitute a material breach of this Agreement and may result in the cancellation of your domain registration.
You further agree that your failure to respond in less than ten (10) calendar days to inquiries by HOSTEUR.FR (ABCONNECT company) concerning the accuracy of the Registration Information or immediately upon discovery of any willful inaccuracy (including i.e. phone number of 555-1212, 000-0000) associated with your domain registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain registration.
5.5 Information requirements for renewals. Upon renewal of your domain registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your domain registration may not be renewed.
5.6 Ownership of data. You agree and acknowledge that HOSTEUR.FR (ABCONNECT company) owns all database, compilation, collective and similar rights, title and interests worldwide in our domain database ("Domain Database"), and all information and derivative works generated from such Domain Database, which contains Registration Information and Additional Registration Information. You further agree and acknowledge that HOSTEUR.FR (ABCONNECT company) owns the following information for those domain registrations for which we are the registrar: (a) the original creation date of the registration; (b) the expiration date of the registration; (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, authorized contact, zone contact and billing contact for the domain registration; (d) any remarks concerning the registered domain that appear or should appear in the WHOIS or similar database; and (e) any other information HOSTEUR.FR (ABCONNECT company) generates or obtains in connection with the provision of domain registration services, other than the domain being registered, the Internet protocol (IP) addresses of the primary nameserver and any secondary nameservers for the domain, and the corresponding names of those nameservers. HOSTEUR.FR (ABCONNECT company) does not have any ownership interest in your specific personal registration information outside of its rights in its Domain Database.
5.7.1 The Registered Name Holder shall provide to Registrar accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; and the data elements listed in Subsections 126.96.36.199, 188.8.131.52 and 184.108.40.206.
5.7.2 A Registered Name Holder's willful provision of inaccurate or unreliable information, its willful failure promptly to update information provided to Registrar, or its failure to respond for over fifteen (15) calendar days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for cancellation of the Registered Name registration.
5.7.3 Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the current contact information provided by the licensee and the identity of the licensee to a party providing the Registered Name Holder reasonable evidence of actionable harm.
5.7.4 Registrar shall provide notice to each new or renewed Registered Name Holder stating:
6.1 In the domain registration process, you will be asked to provide name servers to associate
domain being registered.
If you do not enter name servers for the domain at that time, the domain will be automatically placed on
name servers provided by HOSTEUR.FR (ABCONNECT company), and internet users that type in the domain will
be redirected to a "coming soon" page (collectively, "parking a domain" or a "parked domain").
There is no charge for parking a domain.
By not designating name servers during the registration process, you hereby consent to and authorize
HOSTEUR.FR (ABCONNECT company)'s placement of a "coming soon" page, and its associated contents, on your
parked domain. You may change the name server configuration (or "un-park" the domain) after the
registration is complete. If you need to register name servers using the domains that you are currently
registering, the names will initially be parked with HOSTEUR.FR (ABCONNECT company) until you modify the
name servers after the domain registration is complete, using your account manager.
6.2 In the event your domain registration expires, your registration is no longer valid. If you are able to renew the domain name, you may update the domain to its original settings. After expiration, but prior to renewal, the domain may be pointed to an "expired" page (collectively, "parking a domain" or a "parked domain"). There is no charge for the parked domain. By not renewing the domain, HOSTEUR.FR (ABCONNECT company) may place an "expired" page, and its associated contents, on the parked domain. You may change the name server configuration (or "un-park" the domain) after the renewal is complete. If you need to register name servers using the domains that you are currently renewing, the names will initially be parked with HOSTEUR.FR (ABCONNECT company) until you modify the name servers after the domain renewal is complete, using your account manager.
6.3 The "coming soon" and/or "expired" pages may contain advertisements and other materials selected by HOSTEUR.FR (ABCONNECT company), in HOSTEUR.FR (ABCONNECT company)'s sole discretion. This may include, but is not limited to third-party Web sites, third-party product and service offerings, and/or Internet search engines.
6.4 404 Error Page. In the event you fail to configure a 404 error page, a default 404 error page will be configured by HOSTEUR.FR (ABCONNECT company) to appear in the event an Internet user enters a URL related to your domain but for which no file is associated. By not configuring a 404 error page, you hereby consent to and authorize HOSTEUR.FR (ABCONNECT company)'s placement of a default 404 error page and its associated content on your website. HOSTEUR.FR (ABCONNECT company)'s 404 error page may contain advertisements and other materials selected by HOSTEUR.FR (ABCONNECT company) in HOSTEUR.FR (ABCONNECT company) sole discretion. This may include, but is not limited to, third-party website, third-party product and service offerings, and/or Internet search engines. You may change the 404 error page configuration at any time.
7.1 Renewal obligations. You are solely responsible for ensuring that any and all domains and
additional services are renewed prior to their expiration, should you so desire their renewal. You may
renew your domain at any time before the expiration date. HOSTEUR.FR (ABCONNECT company) shall have no
liability to you or any third party in connection with the renewal, including, but not limited to, any
failure or errors in renewing the services.
You may be notified at HOSTEUR.FR (ABCONNECT company)'s sole discretion when renewal fees are due.
Should these fees go unpaid within the time specified in a notice or reminder regarding renewal, your
registration will be cancelled.
Payment must be made by such other method as we indicate in the renewal form.
If your billing information is not accurate, you are solely responsible for the failure to renew.
7.2 Autorenewal. You agree that if you paid for any services provided hereunder by credit card, you hereby authorize but do NOT obligate, HOSTEUR.FR (ABCONNECT company) to automatically charge your credit card and renew the applicable service(s) on or before their renewal date using the credit card information you have provided to HOSTEUR.FR (ABCONNECT company), unless you notify HOSTEUR.FR (ABCONNECT company) that you do not wish to participate in HOSTEUR.FR (ABCONNECT company)'s automatic renewal process.
HOSTEUR.FR (ABCONNECT company) must receive notification of your intent to not renew (opt-out) no earlier than thirty (30) days prior to renewal date or on renewal date. In the absence of such notification from you, HOSTEUR.FR (ABCONNECT company) will automatically renew, for a period of one year, any domain that is up for renewal and will charge the credit card you have on file with HOSTEUR.FR (ABCONNECT company), at HOSTEUR.FR (ABCONNECT company)'s then current rates. You are solely responsible for the credit card information you provide to HOSTEUR.FR (ABCONNECT company) and must promptly inform HOSTEUR.FR (ABCONNECT company) of any changes thereto (e.g., change of expiration date or account number).
If the credit card has expired or is otherwise invalid, you are solely responsible for a failure to renew and HOSTEUR.FR (ABCONNECT company)shall not be liable for your failure.
7.3 Grace Period; Transfer of Expired Domain Names. You agree that we may place our contact information in the WHOIS output for any expired domain name, as the failure to renew results in the immediate cancellation of registration and loss of all rights to the domain name. Should you choose not to renew your domain name during any applicable grace period, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf as an Expired Domain Transfer ("ED Transfer").
7.4 New Customers through SnapNames and/or ED Transfers. If you are registering a domain name that was registered with, and not yet deleted by, HOSTEUR.FR (ABCONNECT company) at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately prior to your purchase, as the registration is the result of an ED Transfer (defined above). You will not be compensated for the inability to use the domain from the time it was expired until the time you are able to use the domain in your account. NOTE: Your rights to the domain name are non-transferable to any person nor Registrar for the first eighty (80) days of registration from the date the domain expired, prior to purchase, without notice, at HOSTEUR.FR (ABCONNECT company)'s discretion. In addition, it is your responsibility to verify if any domain is infringing anyone else's rights, prior to registration. If the domain name you have registered is found to be infringing on another person's rights, based solely on HOSTEUR.FR (ABCONNECT company)'s discretion, HOSTEUR.FR (ABCONNECT company) has the right to cancel your registration immediately. If your rights are terminated, your sole remedy will be limited to a prorated refund of the price paid to us for the domain name. If it is a willful violation of our agreement, you will not be entitled to any refund. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED WITH THE TERMINATION OF YOUR RIGHTS TO THE DOMAIN NAME. YOU AGREE TO INDEMNIFY US FOR ANY ACTION COMMENCED BECAUSE OF YOUR FAILURE TO FOLLOW THE TERMS OF THIS AGREEMENT AND INFORM AND VERIFY THE ACCEPTANCE OF THIS AGREEMENT BY OTHER USERS OF THE DOMAIN.
You agree to be bound by the appropriate domain dispute resolution policy ("Dispute Policy") applicable
to the domain that you have selected. The Dispute Policy has been developed by ICANN and/or the specific
Registration Administrator(s) and is a required component of every Agreement. The Dispute Policies are
hereby incorporated and made a part of this Agreement by reference. Certain disputes, as specified in
the applicable Dispute Policy, are subject to that Policy.
In the event such dispute arises, you agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain registration is disputed by a third party. You further agree that, in the event a domain dispute arises with any third party, you will indemnify and hold HOSTEUR.FR (ABCONNECT company) harmless pursuant to the terms and conditions contained in the Dispute Policy.
The Dispute Policy may be modified at any time by the applicable Registry Administrator(s) and your continued use of the domain registered to you after any such Dispute Policy modification shall constitute your acceptance of the modified Dispute Policy and this Agreement. If you do not agree to any of such changes, you may request that your domain registration be cancelled or transferred to a different domain registrar. For the adjudication of disputes concerning or arising from use of the SLD name, the SLD holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the SLD holder's domicile and (2) where Registrar is located.
9.1 Transfer of registration to another registrant. The entity or person named as the
"registrant" at the time the controlling user name and password are secured shall be the registrant of
You agree that prior to the effectiveness of any transfer of ownership of your domain to another entity, HOSTEUR.FR (ABCONNECT company) reserves the right to enforce any amount published for the transfer of ownership of a domain. You further agree that, as a condition of any such transfer of ownership of the domain, the person or entity to which you seek to transfer your domain shall agree in writing (electronic acceptance is acceptable) to be bound by the terms and conditions of this Agreement. Your domain will not be transferred until we receive such written assurances and/or actual payment of the transfer fee, if any is imposed (or reasonable assurance as determined by HOSTEUR.FR (ABCONNECT company) in its sole discretion).
You acknowledge and agree that if you attempt to transfer your domain registration without paying HOSTEUR.FR (ABCONNECT company) any amount published for the transfer of ownership of a domain, or if the entity to which you seek to transfer your domain fails to agree in writing to be bound by all terms and conditions of this Agreement, any such transfer will be null and void, and will result in your domain registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain.
9.2 When changing the name of Registrant within HOSTEUR.FR (ABCONNECT company), you agree that the domain name may be changed back to the Registrant listed immediately prior to the change upon written (email is acceptable) request within five (5) days (or reasonable time as determined at HOSTEUR.FR (ABCONNECT company)'s discretion) by Registrant that was listed immediately prior to change.
9.3 Transfer of registration to or from another registrar. When transferring a domain name into HOSTEUR.FR (ABCONNECT company) as the new Registrar of record and simultaneously changing the name of Registrant or subsequently changing the name of Registrant, you agree that the domain name may be re-transferred back to the losing Registrar upon written (email is acceptable) request by Registrant that was listed immediately prior to transfer or upon request by losing Registrar.
At the time of transfer into HOSTEUR.FR (ABCONNECT company), you must complete all required information requested through the online transfer application, i.e. contact information, nameserver information, etc. HOSTEUR.FR (ABCONNECT company) may elect to accept or reject your domain name transfer application for any reason at its sole discretion. You are not entitled to any refund in relation to the domain name transferred to another registrar..
9.4 Restrictions on transfer. You agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your:
You understand that all information, data, text, software programs, music, sound, photographs,
graphics, video, messages or other materials ( collectively "Content"), whether publicly posted on your
website or privately transmitted via email or in any other manner, is the sole responsibility of the
person from which such Content originated. This means that you, and not HOSTEUR.FR (ABCONNECT company),
are entirely responsible for all Content that you upload, post, email, transmit or otherwise make
available. Under no circumstances will HOSTEUR.FR (ABCONNECT company) be liable in any way for any
Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available.
HOSTEUR.FR (ABCONNECT company) and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via our services. Without limiting the foregoing, HOSTEUR.FR (ABCONNECT company) and its designees shall have the right to remove any Content that violates this Registration Agreement or is otherwise objectionable. Further, you acknowledge and agree that HOSTEUR.FR (ABCONNECT company) may preserve Content and may also disclose such Content if required to do so by law or upon the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Registration Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of HOSTEUR.FR (ABCONNECT company), its users and the public. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by HOSTEUR.FR (ABCONNECT company) or submitted to HOSTEUR.FR (ABCONNECT company), including without limitation information in Message Boards and all other parts of our services. You agree to:
a. not upload, post, email, transmit or otherwise make available (collectively, "Transmit") any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b.not harm minors in any way;
c.not impersonate any person or entity, including, but not limited to, a HOSTEUR.FR (ABCONNECT company) official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted;
e. not Transmit any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. not Transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. not Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. not Transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. not interfere with or disrupt servers or networks, or disobey any requirements, procedures, policies or regulations of networks;
k. not relay email from a third party's mail servers without the permission of that third party;
l. not use "robots" or otherwise harvesting other's email addresses from the HOSTEUR.FR (ABCONNECT company) site for purposes of sending unsolicited or unauthorized material;
m. not upload, post, email, or transmit the same message, URL, or post multiple times;
n. not intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
o. not "stalk" or otherwise harass another; or
p. not collect or store personal data about other users.
q. not upload or post any credit card account data or otherwise transmit any insecure credit card account data.
You are strictly prohibited from mass-mailing unwanted email advertisements or solicitations of any
type (e.g. SPAM, UCE) (collectively, "Unsolicited Email"). Further, in conjunction with all state
and federal laws (which you should be aware of and in compliance with when sending out any mail),
HOSTEUR.FR (ABCONNECT company) prohibits a person from sending out or conspiring with another to
initiate the transmission of Unsolicited Email that:
(a) uses a third party's internet domain without permission of the third party
(b) misrepresents or obscures any information in identifying the point of origin, IP address, or the transmission path of a commercial electronic mail message;
(c) contains false or misleading information in the subject line or inappropriate/adult material (as determined by HOSTEUR.FR (ABCONNECT company)) in the message body;
(d) contains an ineffective opt-out procedure; or
(e) uses an email list without knowledge of its source. Any user that is a sender of an email that is in violation of the rules in this agreement and/or any law or regulation is required to indemnify and hold HOSTEUR.FR (ABCONNECT company) harmless due to the sender's act or omission in sending the email.
If you send Unsolicited Email and/or are listed on a public database (i.e. SpamHaus), HOSTEUR.FR
(ABCONNECT company) reserves the right, in its sole discretion, to immediately disable any domain
or user account that allegedly sent such unsolicited email(s) in order to forestall further abuse
or damage to email systems.
Unsolicited Email sent from other networks that reference email accounts of domains registered by HOSTEUR.FR (ABCONNECT company) shall be considered to have originated from the account referenced, unless compelling reasons are provided to HOSTEUR.FR (ABCONNECT company), such that HOSTEUR.FR (ABCONNECT company) believes that the Unsolicited Email originated with an unrelated third party.
If HOSTEUR.FR (ABCONNECT company) receives a complaint regarding Unsolicited Email, HOSTEUR.FR
(ABCONNECT company) will reasonably investigate the claim by, among other things, contacting the
administrative contact and/or the account owner of the domain at the listed email address.
If there is no response within five (5) days of our request, HOSTEUR.FR (ABCONNECT company) will, in its discretion, take such action as it deems warranted to prevent further sending of Unsolicited Email, including but not limited to suspending and locking the domain.
If the domain registrant wishes to reinstate the domain after a 'lock' is in place, it must apply to do so with HOSTEUR.FR (ABCONNECT company), take such remedial measures as HOSTEUR.FR (ABCONNECT company) may request, and HOSTEUR.FR (ABCONNECT company) may unlock the account, in its sole discretion.
For those domains approved to be unlocked, an administrative fee and a probationary period may also be imposed at HOSTEUR.FR (ABCONNECT company)'s discretion.
If HOSTEUR.FR (ABCONNECT company) receives two or more complaints for two or more different
domains within the same account related to Unsolicited Email, and there is no response to either
or both requests for explanation, HOSTEUR.FR (ABCONNECT company) may suspend and lock the domains
in question and lock and disable the domains in the entire account.
For those domains within the account that have not received an Unsolicited Email complaint, such domains may be permitted to be transferred to another registrar at the account owner/domain registrant's sole expense. However, the domains that have received Unsolicited Email complaints will remain locked and suspended, at HOSTEUR.FR (ABCONNECT company)'s discretion.
Certain HOSTEUR.FR (ABCONNECT company) services may have additional Unsolicited Email guidelines explaining appropriate conduct for those services. It is the user's responsibility to read and comply with each service's guidelines for additional details regarding Unsolicited Email.
In addition to the above actions, violations of this Section 11 may result in legal action and/or a fine against you and the termination, without notice, of your account and/or anything associated with it, including, but not limited to, email accounts, posts, home pages, and profiles. Nothing in this policy is intended to grant any right to transmit email to or through HOSTEUR.FR (ABCONNECT company) computer systems.
You agree that, if you are registering a domain and listing someone other than yourself as the
registrant, you represent and warrant that you have the authority to bind the person or entity
listed as registrant as a principal to this Agreement, including the Dispute Policy.
The name listed as registrant of the domain or the appropriate officer of a listed Organization (at HOSTEUR.FR (ABCONNECT company)'s discretion) may individually choose to move the domain into another account for full access to the domain, irrespective of wishes of agent/account owner/other listed contacts on that particular domain (e.g. admin, billing).
Further, you agree that if you license the use of the domain registered to you to a third party, you nonetheless remain the domain holder of record, and remain responsible for strict compliance with this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) accurate Registration Information and Additional Registration Information. Further, you remain fully liable for any actions of the licensee using the domain.
In the event that, in registering the domain, you are providing information related to a third
party, you hereby represent and warrant that you have
(a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and
(b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
You further represent that, to the best of your knowledge and belief, neither the registration of the domain nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain registration is accurate.
You will indemnify, hold harmless, and defend HOSTEUR.FR (ABCONNECT company) and its subsidiary
and parent entities, predecessors, successors, affiliates, and assigns, and all of their
respective current and former officers, directors, members, shareholders, agents, and employees
(the "Indemnified Parties") from any and all Claims. "Claim" means any action, cause of action,
suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide
settlements, penalties, damages, losses, liabilities, costs, and expenses (including without
limitation reasonable attorneys' fees and costs)), which arises out of:
(a) your breach of this Agreement or any of HOSTEUR.FR (ABCONNECT company)'s policies applicable to this domain registration or related services,
(b) the operation of your domain,
(c) any negligent act or omission by you, or
(d) any third party claim, action, or demand related to the registration or use of the domain registered in your name (and this indemnification is in addition to any indemnification required under the Dispute Policy).
"Reasonable attorneys' fees and costs" as used in this Section 14 includes without limitation fees and costs incurred to interpret or enforce this Section 14. HOSTEUR.FR (ABCONNECT company) may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim.
HOSTEUR.FR (ABCONNECT company) will provide you with reasonably prompt notice of any Claim.
You agree to indemnify, defend, and hold harmless ICANN, Registry Operator(s) (including but not
limited to VeriSign, Inc., Public Interest Registry, Afilias Limited, SITA, NeuLevel, Inc., and
NeuStar, Inc.) and their respective subcontractors, shareholders, directors, officers, employees,
affiliates and agents from and against any and all claims, damages, liabilities, costs and
expenses, including reasonable attorneys' fees and costs and any other expenses arising out of or
related to your domain registration and any disputes regarding same.
This indemnification obligation shall survive the termination or expiration of the registration agreement. Some Registry Operators may not allow this indemnification provision to apply, as contained herein; in such cases, this provision is in effect to the full extent permitted by law as applicable to such Registry Operator.
EXCEPT FOR THE REPRESENTATION THAT HOSTEUR.FR (ABCONNECT company) IS AN ICANN-APPROVED DOMAIN REGISTRAR, HOSTEUR.FR (ABCONNECT company) MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ANY OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, DOMAIN NAME REGISTRATION AND ANY ENCRYPTION SERVICES. FURTHER, HOSTEUR.FR (ABCONNECT company) EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF FITNESS FOR AN INTENDED PURPOSE, PROPER WORKMANSHIP, NON-NEGLIGENCE, AND NON-INFRINGEMENT. WITHOUT ANY LIMITATION TO THE FOREGOING, HOSTEUR.FR (ABCONNECT company) MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS AGREEMENT WILL PREVENT CHALLENGES TO YOUR DOMAIN REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF ANY DOMAIN REGISTERED TO YOU.