Terms and Conditions

By ticking into the box next to the text "I confirm that I have read and agree to the Terms and Conditions" and pressing the "Complete Sign Up" button You (as defined below) are deemed to have accepted the following terms and conditions (together the "Conditions") which set out the terms under which Mesh Digital Limited ("Supplier", "We", "Us" or "Our") will provide the Services to You. The Conditions also contain additional provisions applicable to the use, in the European Union ("EU"), of the Site and/or of the DSA Services (as defined below).

The Conditions include the following contractual documents:


("Schedules")

You acknowledge that We may amend the Conditions at any time without Your prior consent by posting the amended terms and conditions at www.domainbox.net and any new, different or additional features changing the Services will automatically be subject to these Conditions. Your continued use of the Services after any such changes to the Conditions shall constitute Your acceptance of those changes.

Domainbox Reseller Agreement

The Agreement applies (i) to the contractual relationship between the Customer and the Supplier, and, (ii) irrespective of the existence of any contract between the Customer and the Supplier, as regards the European Union Digital Services Act ("DSA") Supplemental Terms of Service, to the contractual relationship between the Supplier and any user of the Site and/or the DSA Services in the EU.

  1. 1. DEFINITIONS
    • 1.1The definitions and rules of interpretation in this clause apply in this Agreement.
      • Customer, You or Your: means the person, corporation or entity who is entering into this Agreement with Us and who will use our Reseller API, Domainbox Administration Portal and associated Domainbox products and services.
      • API: is an acronym for application programming interface and means the set of technical specifications and routines that allow computer systems to communicate and carry out defined operations.
      • Back Order: means a request made by You to Us for a Domain Name which is not available for registration at the time You make such a request, but which the Supplier will monitor and as soon as it becomes available for registration attempt to register for You.
      • Credential: means the credentials provided to the Supplier by the Customer which shall include but not be limited to any passwords and user names supplied to it by the Registry to allow the Supplier to operate a Gateway between the Supplier and Registry on the Customers behalf.
      • Dispute Resolution Policy: means any relevant dispute resolution policy including, but without limitation, the ICANN UDRP Policy, the Nexus Dispute Policy and Nominet's DRS.
      • Domainbox Administration Portal: means the online browser based control panel used to administer the Reseller API, Domainbox products and services and provide a visual interface for management of a registered Domain Name.
      • Domain Name: shall mean an Internet top level domain name capable of registration through the Reseller API.
      • Domain Name System: is the domain name system which translates numerical Internet protocol addresses into Domain Names.
      • DSA Services: refer to, among all the services provided by the Supplier, the intermediary services provided in the EU or to EU users which come within the scope of the EU Digital Services Act. These notably include registrar services provided by the Supplier in the EU.
      • Fees: means the fees set out within the "Rates, Fees and Limits" section of the Domainbox Administration Portal.
      • Gateway: an electronic connection between the Supplier and the Registry;
      • ICANN: the Domain Name System, Registry and Registrar governing body know as Internet Corporation of Assigned Names and Numbers.
      • Initial Period: shall have the meaning attributed to it in clause 2.2.
      • Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
      • Name Servers: shall mean computers that provide specific translation information in the Domain Name System.
      • Pre-existing Materials: all written documents, any drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form, information and materials provided by the Supplier relating to the Reseller API (as defined below) which existed prior to the commencement of this Agreement, including computer programs, data, reports and specifications.
      • Pre Order: means a request made by You to Us for a Domain Name which is not yet available for registration at the time You make such a request, but for which the Supplier will attempt to register as soon as it becomes available for registration by You.
      • Registrar: shall mean an organisation which is able to purchase Domain Names from a Registry.
      • Registry: shall mean the organisation which operates the zone file converting Domain Names to Internet protocol addresses for a top level Domain Name.
      • Renewal: means the renewal of a Domain Name with the Registry.
      • Reseller API: an API to enable the Customer to connect with the Supplier to allow the registration, transfer, renewal and management of Domain Names between Registrars and Registrys.
      • Sales Tax: means a consumption tax charged at the point of purchase for goods and services, such as Value Added Tax.
      • Site: refers to the Supplier's website, as currently available at www.domainbox.com.
      • Supplier's Equipment: any equipment, including tools, systems, cabling or facilities, provided by the Supplier or its subcontractors and used directly or indirectly in the supply of the services.
      • User: shall mean a person or entity registering, transferring, renewing or managing a Domain Name.
    • 1.2Clause, Schedule and paragraph headings shall not affect the interpretation of this Agreement.
    • 1.3A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors and permitted assigns.
    • 1.4The Schedules form part of this Agreement and shall have effect as if set out in full in the body of this Agreement. Any reference to this Agreement includes the Schedules.
    • 1.5Words in the singular shall include the plural and vice versa.
    • 1.6A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
    • 1.7A reference to writing or written includes faxes and e-mail.
    • 1.8Where the words include(s), including or in particular are used in this Agreement, they are deemed to have the words without limitation following them. Where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.
    • 1.9Any obligation in this Agreement on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.
    • 1.10References to clauses and Schedules are to the clauses and Schedules of this Agreement.
  2. 2. COMMENCEMENT AND DURATION
    • 2.1The Customer and Supplier shall carry out their obligations under this Agreement on the dates set out in this Agreement and on the terms and conditions of this Agreement.
    • 2.2This Agreement shall commence on the date of agreement and shall continue until terminated.
    • 2.3At the end of the Initial Period either party may terminate this Agreement by giving not less than one months written notice, such notice to expire on the last day of the Initial Period unless this Agreement is terminated in accordance with clause 12.
    • 2.4In the event that neither party gives notice to the other that this Agreement shall terminate at the end of the Initial Period (in accordance with clause 2.3,) this Agreement shall continue unless and until terminated by one of the parties giving to the other in accordance with clause 12.
  3. 3. SUPPLIER'S OBLIGATIONS
    • 3.1The Supplier shall use reasonable endeavours to comply with its obligations as set out hereunder in all material respects.
    • 3.2The Supplier shall use reasonable endeavours to meet any performance dates specified and time for performance by the Supplier shall not be of the essence of this Agreement.
    • 3.3The Supplier shall:
      1. subject to the terms and conditions of this Agreement, grant You a non-exclusive, non-transferable, limited license to use the Reseller API to facilitate the registration and management of Domain Names on behalf of its Users;
      2. provide access to the Reseller API to allow the registration and Pre Order of Domain Names at the rates shown within the "Rates, Fees and Limits" section of the Domainbox Administration Portal;
      3. provide technical support to the Customer during business hours of 9.00 am to 5.30 pm Monday to Friday (excluding public holidays in England and Wales);
      4. act as the technical services provider and channel facilitator by allowing You to supply Your Registry Credentials to connect to the Registry using the Reseller API at the rates shown in within the "Rates, Fees and Limits" section of the Domainbox Administration Portal;
      5. renew Domain Names on or 24 hours prior to the day of expiration, as recorded by the relevant Registry, and as instructed by the Customer's Renewal preferences applied prior to this date using the Reseller API for each Domain Name;
      6. at its sole discretion allow Domain Names to be Renewed following their expiration using the Reseller API;
      7. at its sole discretion, temporarily suspend access to the Reseller API as necessary or appropriate; and
      8. from time to time may make modifications to the Reseller API licensed under this Agreement with or without reasonable notice.
    • 3.4The Supplier may, but is not obligated to, provide technical support for Domain Names under management through the Customers Reseller API if required to do so.
    • 3.5If the Customer's performance of its obligations under this Agreement is prevented or delayed by any act or omission of the Supplier, its agents, subcontractors, consultants or employees, the Customer shall not be liable for any costs, charges or losses sustained or incurred by the Supplier that arise directly or indirectly from such prevention or delay.
  4. 4. CUSTOMER'S OBLIGATIONS
    • 4.1The Customer shall use its best endeavours to comply with its obligations hereunder in all material respects.
    • 4.2The Customer shall use its best endeavours to meet any performance dates specified hereunder and time for performance by the Customer shall be of the essence of this Agreement.
    • 4.3The Customer shall:
      1. submit the data correctly formatted and as specified in the Reseller API using the correct Reseller API protocols;
      2. use the Reseller API only in the manner intended and as specified by the Supplier from time to time;
      3. develop and employ all necessary technology to ensure that its connection and transmissions to the Reseller API are secure, authenticated and encrypted as required by the Reseller API;
      4. respond to any reported issues arising from using the Reseller API incorrectly immediately;
      5. notify Us immediately if You know or have reason to suspect that there has been any unauthorised use of the Reseller API;
      6. notify Us immediately if You know or have reason to suspect that there is or may be any court proceedings or other proceedings (including but without limitation any complaint, proceedings or similar under any Dispute Resolution Policy) which involve Domain Names registered or managed with the Reseller API;
      7. assist facilitating the transfer of Domain Names from another Registrar to Us or from Us to another Registrar, according to the policies of ICANN and/or the Domain Name Registry without interference;
      8. warrant that both Registrar as well as Customer authorised by the User as registered name holder shall be considered Designated Agents of the User with regard to the management and registration of a domain name with regard to ICANN, Registry or other parties involved in the registration process.
      9. acknowledge and accept that where We take an action on a domain name as a Designated Agent under the above clause then such Domain will be opted out from any 60-day transfer lock period.
      10. provide, in a timely manner, such information as the Supplier may require, and ensure that it is accurate in all material respects;
      11. be responsible for collecting Fees, providing customer service, and technical support to the User of the Domain Name, such services to be provided to a reasonable industry standard;
      12. not use or suffer the Reseller API to be used for any unlawful purpose or for the publication of, linking to, issue or display of, any unlawful material including any software which is pirated or which breaches any Intellectual Property Rights or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, defamatory or which breaches the rights including Intellectual Property Rights of any third party or which is or encourages criminal acts or contains any virus, worm, trojan horse or other harmful code whether under English law or regulations, the laws or regulations of Your country or of any other location where the results of such purpose or the material in question can be accessed;
      13. not use or suffer the Reseller API to be allowed to be used in breach of generally accepted standards and codes of practice for the use of the Internet, including but not limited to the sending of unsolicited e-mails, "mail bombing" or the impersonation of another person whether living or dead;
      14. not use the services of any third party for the purposes, in breach of generally accepted standards and codes of practice for the use of the Internet, including but not limited to: the sending of unsolicited e-mails, "mail bombing", the impersonation of another person whether living or dead, or the publication of, linking to, issue or display of any material that refers to Us or any of Our products or services without Our prior written consent;
      15. use its best endeavours to inform the Supplier of all relevant local laws or regulations applicable to any Gateways that the Supplier will provision through the Reseller API using the Registry Credentials that the Customer will supply;
      16. obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the content of this Agreement before the commencement of this Agreement;
      17. advise the Supplier of any contract terms that it, or that any company, person or legal entity connected to it, has entered into (or is going to enter into), with the Registry which will have any effect on its ability to carry out its obligations under this Agreement;
      18. keep the Supplier fully informed at all times of all relevant details that are necessary for the Supplier to fulfil its obligations under this Agreement, including but not limited to updating the Supplier regularly with any information issued by the Registry relevant under this Agreement;
      19. ensure that Credentials are granted sufficient connections to the Registry (a "Connection") for the Supplier to carry out its obligations under this Agreement; and
      20. ensure that at all times for the duration of this Agreement the Credentials and connections assigned to that Credential are maintained and that the Supplier has the necessary information to enable it to use the Credential free from interruption or further assistance from the Customer.
      21. not, without the prior written consent of the Supplier at any time from the date of this Agreement to the expiry of 12 months after the termination of this Agreement, solicit or entice away from the Supplier or employ (or attempt to employ) or engage the services of any person who is, or has been, engaged as an employee, of the Supplier.
      22. immediately identify the Supplier as the sponsoring Registrar for a Domain Name upon request from their User.
      23. display domain and privacy purchase, renewal & transfer pricing clearly on Your website in accordance with ICANN policy.
    • 4.4The Customer agrees and acknowledges:
      1. that each User of the Customer is also bound by the terms and conditions of this Agreement and those of the Registry's as shown at http://www.domainterms.com/user/ and/or made available from time to time thereafter. Customers may require that it's Users agree to additional terms and conditions, provided such terms and conditions do not create, or imply, any variation or succession to the terms of this Agreement, general policies of the Supplier, ICANN policy, a Registrys terms or polices and any further policies and terms of any other governing body with appropriate authority for a Domain Name or Registry;
      2. that the Supplier has made no representations or warranties to You as to the availability of a Domain Name;
      3. the registration of a Domain Name is subject to any registration requirements of a specific Registry and You will comply with all of the terms and conditions of that Registry;
      4. that the Supplier has the right to pass on any additional charges made by a Registry in order to register, renew or maintain howsoever the Domain Name;
      5. that the Supplier is not liable for the actions of any Registry which affect the Domain Name whether before, during or after the domain name registration or renewal process;
      6. the time of a Domain Name registration shall be deemed as the record held by the relevant Domain Name Registry;
      7. Domain Names are automatically set to renew on their anniversary when using the default settings of the Reseller API and that the Customer must update their Renewal preferences at the time of registering a Domain Name with the Reseller API or by issuing a command using the Reseller API at least 24 hours prior to the expiration of a Domain Name as recorded by the Registry;
      8. in the event that a Domain Name registration is disputed the Customer shall provide all reasonable assistance possible to Us, the Registry, any court and/or arbitrator considering the dispute, forwarding copies of any communications to the Supplier at their request and adhering to any requirements of the Dispute Resolution Policy;
      9. the particular importance of clause 4.3 to the ability Us to fulfil Our obligations under this Agreement and agrees that any breach of any sub clause of clause 4.3 would constitute a material breach for the purposes of clause 12.2;
      10. that it shall indemnify Us in the event that the Supplier suffers any direct, indirect or consequential losses, loss of profit, loss of reputation, or loss of opportunity to deploy resources elsewhere, arising directly or indirectly from the Customer's fraud, negligence, failure to perform or delay its obligations as set out in clauses 4.3
      11. that You are expressly forbidden from operating a privacy or proxy registration service other than that provided by the Supplier for this express purpose;and
      12. that You will provide the following link to ICANN Registrant Rights [http://www.icann.org/en/resources/registrars/registrant-rights/benefits] to Your User in conjunction with all gTLDs governed by ICANN
    • 4.5The Customer agrees and acknowledges that the Customer and User have the right to use the Domain Name only for the time period of the registration as set out in this Agreement and its Schedules. When a Domain Name expires the Supplier reserve the exclusive right at our sole discretion to:
      1. offer the Domain Name to other Users, Customers and/or agents;
      2. transfer and retain the title and ownership of the Domain Name to the Supplier; and
      3. change the Name Servers to the Suppliers, displaying content and advertisements on the Domain Name.
    • 4.6If the Supplier's performance of its obligations under this Agreement is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, the Supplier shall not be liable for any costs, charges or losses sustained or incurred by the Customer that arise directly or indirectly from such prevention or delay.
  5. 5. WARRANTIES
    • 5.1By entering into this Agreement You warrant that:
      1. all passwords or any other identifiers that You use in connection with the Reseller API will at all times be kept confidential, used properly and will not be disclosed to any unauthorised person;
      2. any activity carried out in connection with the Reseller API which requires the use of passwords or other identifiers will be carried out by You or someone authorised to act on Your behalf;
      3. You accept full liability for all actions done, charges incurred and losses suffered by You for any activity carried out in connection with the Reseller API which requires the use of Your passwords or other identifiers, whether carried out with Your authorisation or not;
      4. You have all necessary permissions, licenses and consents to use the Reseller API and register Domain Names and that by registering the Domain Name and using the Reseller API You and Your Users will not infringe any Intellectual Property Rights of any other person or entity;
      5. You will obtain all necessary permissions, licenses and consents that may be or are required from time to time to enable Us to provide You with the Reseller API;
      6. You will not use the Reseller API to or allow any material which in Our absolute discretion may harm Us, Our reputation or otherwise bring Us into disrepute;
      7. You will comply fully with the Dispute Resolution Policy and agree to any decision resulting therefrom; and
      8. You are prohibited from displaying the ICANN or the ICANN accredited logo, or from otherwise representing yourself as accredited by ICANN unless You are duly accredited or have the prior written permission from ICANN to do so.
  6. 6. PAYMENT
    • 6.1The Fees payable by You to Us under this Agreement are exclusive of Value Added Tax or any other Sales Tax and shall be made in the currency stated within the "Rates, Fees and Limits" section of the Domainbox Administration Portal.
    • 6.2The Fees payable to Us under this Agreement shall be paid in full without any deduction set-off or withholding other than as required by law. You shall not be entitled to assert any credit, set-off or counterclaim against Us in order to justify withholding payment of any such amount in whole or in part.
    • 6.3The Supplier is under no obligation to allow You to use the Reseller API until such time as the Supplier has received the required fees and any other sums outstanding from You to Us.
    • 6.4For the avoidance of doubt, once a request for a Domain Name has been placed, including any Renewals, Back Orders or Pre Orders, You do not have the right to cancel such request.
    • 6.5The Supplier reserves the right at its sole discretion to amend the Fees stated within the "Rates, Fees and Limits" section of the Domainbox Administration Portal without prior written notice or consent.
  7. 7. INTELLECTUAL PROPERTY RIGHTS
    • 7.1As between the Customer and the Supplier, all Intellectual Property Rights and all other rights in any material provided by the Supplier including but not limited to the Reseller API and the Pre-existing Materials shall be owned by the Supplier. Subject to clause 7.2, the Supplier licenses all such rights to the Customer free of charge and on a non-exclusive, worldwide basis to such extent as is necessary to enable the Customer to make reasonable use of the Reseller API. If this Agreement is terminated, this licence will automatically terminate.
    • 7.2The Customer acknowledges that, where the Supplier does not own any of the Pre-existing Materials, the Customer's use of rights in Pre-existing Materials is conditional on the Supplier obtaining a written licence (or sub-licence) from the relevant licensor or licensors on such terms as will entitle the Supplier to license such rights to the Customer.
  8. 8. CONFIDENTIALITY AND THE SUPPLIER'S PROPERTY
    • 8.1The Customer shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Customer by the Supplier, its employees, agents, consultants or subcontractors and any other confidential information concerning the Supplier's business or its products which the Customer may obtain.
    • 8.2The Customer may disclose such information:
      1. to its employees, officers, representatives, advisers, agents or subcontractors who need to know such information for the purposes of carrying out the Customer's obligations under this Agreement; and
      2. as may be required by law, court order or any governmental or regulatory authority.
    • 8.3The Customer shall ensure that its employees, officers, representatives, advisers, agents or subcontractors to whom it discloses such information comply with this clause 8.
    • 8.4All materials, specifications and data supplied by the Supplier to the Customer (including Pre-existing Materials) shall, at all times, be and remain the exclusive property of the Supplier, but insofar as any of the same shall be in the possession or use of the Customer the Customer shall hold the same in safe custody at its own risk and maintained and kept in good condition, until returned to the Supplier, and shall not be disposed of or used other than in accordance with the Supplier's written instructions or authorisation.
  9. 9. DATA PROTECTION
    • 9.1Any personal data provided by the Customer to the Supplier shall be treated in accordance with the Supplier’s Privacy Policy.
    • 9.2Without prejudice to Clause 9.1, the Customer acknowledges and agrees that:
      1. any personal data provided by the Customer for the purposes of registering a Domain will be provided to the relevant Registry in order to complete registration formalities including publication on the whois database; and
      2. details of the Customer’s name, address and payment record may be submitted to a credit reference agency for the purposes of checking the Customer’s credit worthiness.
  10. 10. EUROPEAN UNION DIGITAL SERVICES ACT ("DSA") SUPPLEMENTAL TERMS OF SERVICE

    This clause 10 applies as from February 17, 2024, which is the date of entry into effect of the EU Digital Services Act.

    • 10.1This clause 10 sets out provisions, processes and disclosures that supplement the rest of this Agreement, as required under the DSA, which regulates the provision of certain digital intermediary services provided in the EU and notably sets out rules on the role of providers and imposes content moderation requirements and transparency obligations. These provisions only apply to you if you are in the EU and / or if you are using the Site or DSA Services. In the event of any conflict between the terms set out in this clause 10 and the other provisions of this Agreement, the terms of clause 10 shall prevail.
    • 10.2Rules of conduct Users are prohibited from providing, publishing or transmitting content which is incompatible with or violates this Agreement (including without limitation clause 4) or any applicable laws in the EU or in any EU country ("Unauthorized Content").
    • 10.3Content moderation overview. The Supplier may voluntarily take action against any Unauthorized Content. In addition, the Supplier may receive notices through the Notice and Action Mechanism (described below) and orders from EU authorities reporting the presence of alleged illegal content on (or transmitted through) this Site or any DSA Service. The Supplier will process these orders and notices, and take action based on the information provided. These actions may entail the restrictions mentioned in clause 10.5 below, or any other restrictions required by the relevant authority.
    • 10.4Notifying alleged illegal content – Notice and Action Mechanism. You may report to the Supplier the presence, on the Site or on any DSA Service, of content that you consider to be illegal in the EU or any EU country through the mechanism accessible here: https://supportcenter.secureserver.net/abusereport/dsa (the “Notice and Action Mechanism”). Depending on the nature of the DSA Service concerned by the notice, the way the Supplier processes and addresses such notice may differ.
    • 10.5Restrictions. The Supplier may, at any time and in some cases, without prior notice, remove any Unauthorized Content provided on (or through) the Site or any DSA Service or suspend or terminate of access to a whole DSA Service (e.g., disabling a domain name registered with the Supplier). In addition, with respect to “repeat offenders”, namely users frequently providing manifestly Unauthorized Content, the Supplier may suspend or terminate their access to this Site or to the DSA Services. The Supplier will generally issue a prior warning before any suspension, other than in exceptional cases, or where the Supplier is otherwise legally required to take immediate action. When deciding on and applying such restrictions, the Supplier will act in a timely, diligent, non-arbitrary, objective and proportionate manner.
    • 10.6Unfounded Notices.If any user frequently provides manifestly unfounded notices through the Notice and Action Mechanism, the Supplier may suspend the processing of its notices. The Supplier will generally issue a prior warning before any suspension, save for exceptional cases (as determined by the Supplier in its reasonable discretion) or where the Supplier is legally required to take immediate action.
    • 10.7Measures and tools for review. Notices and orders are generally subject to human review. The Supplier may also use a machine learning model that helps process certain claims and detect phishing on websites hosted by the Supplier. Actions taken in response to notices and/or orders which relate to the provision of content by users of the DSA Service or visitors of the Site, if any, are generally subject to human review.
    • 10.8Right to terminate the use of the DSA Services. You have the right to terminate the use of the DSA Services in accordance with clauses 2.3 and 12 of this Agreement.
    • 10.9Content Moderation Decisions.
      1. (A) This clause 10.9 may apply to you if:
        1. (i) Your issue relates to the use of one of the Supplier's online platforms in the EU (meaning for instance a DSA Service involving the sale and purchase of aftermarket domain names); and
        2. (ii) Your issue concerns: (y) a decision taken by the Supplier further to a notice you submitted to the Supplier regarding the presence of information considered to be illegal content on one of the Supplier's EU online platforms; and/or (z) a decision taken by the Supplier to remove (or to not remove) content or to suspend, restrict or terminate (or to not suspend, restrict or terminate) access to one of the Supplier's EU online platforms on the ground that you or any user of the service provided Unauthorized Content, (a “Content Moderation Decision”).
      2. (B) If you disagree with a Content Moderation Decision, you may lodge a complaint against it with the Supplier. The complaint must be lodged within six (6) months from the date on which you are informed of the Content Moderation Decision. To lodge your complaint, you will need to respond to the email informing you of the Content Moderation Decision and provide any additional context or information for the Supplier to reassess the Content Moderation Decision. The Supplier will review your complaint and respond through its internal complaint-handling system (the “Internal Complaint-Handling System”).
        If a user frequently provides manifestly unfounded complaints through the Internal Complaint-Handling System, the Supplier may suspend the processing of its complaints, after a prior warning.
      3. (C) If you disagree with a Content Moderation Decision and/or the outcome of the Internal Complaint-Handling System, you may also engage with any out-of-court dispute settlement body certified by the relevant EU authority. For your information, decisions taken by these bodies are not binding. Also, the Supplier may refuse to engage in such a procedure if the issue has already been resolved concerning the same content and the same grounds. The list of these certified bodies (if any) is expected to be published by the EU Commission shortly. We will update the terms of this Agreement once the relevant information becomes available.
      4. (D) In any case, you may also initiate judicial proceedings before a competent court, according to the applicable law, at any stage.
    • 10.10For the purposes of clauses 10.6 and 10.9, “frequently” means the submission of 2 or more unfounded notices or complaints (as relevant) over a period of 12 months. For the purposes of clauses 10.5, 10.6 and 10.9, when determining whether a specific behavior requires such a suspension or termination and the duration of the suspension or termination, the Supplier takes into account the relevant facts and circumstances, which may include such things as the volume of manifestly unfounded notices or complaints submitted within the period referred to above, the seriousness and/or the impact of the behavior. A notice may for instance be considered as manifestly unfounded if it is evident that it does not relate to alleged illegal content and instead refers solely to personal and/or subjective considerations. Specifically, as regards the provision of illegal content, these criteria also include the volume of illegal content provided, the extent of its impact and/or the gravity of the behavior (e.g., as regards the nature of the content concerned and its consequences) and the frequency of the behavior.
    • 10.11Search Engine: Recommender Systems Disclosure
      Our Site and certain of our DSA Services include a search engine that enables you to search for domain name registrations based on your query, account search history, and location. The search engine generates a list of results based on generic matching between the keywords or character sequences searched and the domain names available for purchase. If the exact domain name you searched for is unavailable, the search engine will display results for domain names that match your keywords and characters, potentially including alternative top-level domain names, which may take into account your location. For example, if you are located in Germany, the search engine may prioritize “.de” top-level domain names in order to present you more tailored results. Additionally, the search may feature partnerships labeled “Promoted” in the search results.
      The keywords or sequences of characters that you searched are the most significant parameters used to determine the results, whereas search history and location are secondary parameters used to further refine the list of results. As currently designed, the search engine does not allow you to change these parameters.
    • 10.12DSA Point of Contact.
      If you have any questions or queries about this clause 10 or any other DSA-related matters, you can contact Us by email at the following address: dsainquiries@secureserver.net
  11. 11. LIMITATION OF LIABILITY
    • 11.1This clause 11 sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to the Customer in respect of:
      1. any breach of this Agreement including any deliberate breach of this Agreement by the Supplier, or its employees, agents or subcontractors;
      2. any use made by the Customer of the services supplied by the Supplier, the Reseller API or any part of them; and
      3. any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
    • 11.2All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
    • 11.3Nothing in this Agreement limits or excludes the liability of either party to the other:
      1. for death or personal injury resulting from negligence; or
      2. for any damage or liability incurred by the either party as a result of fraud or fraudulent misrepresentation by the other
    • 11.4Subject to clause 11.2:
      1. the Supplier shall not be liable for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
      2. the Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Agreement shall be limited to £10,000 GBP.
  12. 12. TERMINATION
    • 12.1Without prejudice to any other rights or remedies which the parties may have, either party may terminate this Agreement without liability to the other on giving the other not less than one month's written notice.
    • 12.2Without prejudice to any other rights or remedies which the parties may have, either party may terminate this Agreement without liability to the other on giving the other not less than one month's written notice or immediately on giving notice to the other if:
      1. the other party commits a material breach of any of the material terms of this Agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
      2. the other party repeatedly breaches any of the terms of this Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Agreement; or
      3. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with the winding up of that other party other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies, or the solvent reconstruction of that other party; or
      4. an application is made to court, or an order is made, for the appointment of an administrator, a notice of intention to appoint an administrator is given, or an administrator is appointed over the other party; or
      5. a floating charge holder over the assets of that other party has become entitled to appoint, or has appointed, an administrative receiver; or
      6. a person becomes entitled to appoint a receiver over the assets of the other party, or a receiver is appointed over the assets of the other party; or
      7. the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or
      8. in the event that the contract between the Customer and Registry is terminated.
    • 12.3On termination of this Agreement for any reason:
      1. the Customer shall immediately pay to the Supplier all of the Supplier's outstanding unpaid invoices in connection with this Agreement;
      2. the Customer shall, cease using and return or destroy (at the Supplier's option) all of the Supplier's Equipment, Pre-existing Materials, Reseller API and any information relating to the Reseller API. Until they have been returned or repossessed, the Customer shall be solely responsible for their safe keeping;
      3. the Supplier shall ensure that any remaining Domain Names are transferred or expired prior to termination that would be otherwise subject to this Agreement; and
      4. the accrued rights and liabilities of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.
    • 12.4On termination of this Agreement (however arising) the following clauses shall survive and continue in full force and effect:
      1. clause 7;
      2. clause 8;
      3. clause 11;
      4. clause 12; and
      5. clause 23.
  13. 13. FORCE MAJEURE
    • 13.1A party, provided that it has complied with the provisions of clause 12.2, shall not be in breach of this Agreement, nor liable for any failure or delay in performance of any obligations under this Agreement arising from or attributable to acts, events, omissions or accidents beyond its reasonable control (Force Majeure Event), including but not limited to acts of God, (including but not limited to fire, flood, earthquake, windstorm or other natural disaster), war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or similar actions, terrorist attack, civil war, civil commotion or riots, fire, explosion or accidental damage, collapse of building structures, failure of plant machinery, machinery, computers or vehicles, any labour dispute, including but not limited to strikes, industrial action or lockouts, interruption or failure of utility service, including but not limited to electric power, gas or water.
    • 13.2Any party that is subject to a Force Majeure Event shall not be in breach of this Agreement provided that it promptly notifies the other party in writing of the nature and extent of the Force Majeure Event causing its failure or delay in performance.
    • 13.3If the Force Majeure Event prevails for a continuous period of more than 2 months, either party may terminate this Agreement by giving 14 days' written notice to all the other party. On the expiry of this notice period, this Agreement will terminate. Such termination shall be without prejudice to the rights of the parties in respect of any breach of this Agreement occurring prior to such termination.
  14. 14. VARIATION
    • 14.1No variation of this Agreement or of any of the documents referred to in it shall be valid unless it is in writing and signed by or on behalf of each of the parties.
  15. 15. WAIVER
    • 15.1Failure to exercise, or any delay in exercising, any right or remedy provided under this Agreement or by law shall not constitute a waiver of that (or any other) right or remedy, nor shall it preclude or restrict any further exercise of that (or any other) right or remedy.
    • 15.2No single or partial exercise of any right or remedy provided under this Agreement or by law shall preclude or restrict the further exercise of any such right or remedy.
    • 15.3A waiver (which may be given subject to conditions) of any right or remedy provided under this Agreement or by law shall only be effective if it is in writing and shall apply only to the party to whom it is addressed and for the specific circumstances for which it is given. It shall not prevent the party who has given the waiver from subsequently relying on the right or remedy in other circumstances.
    • 15.4Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.
  16. 16. SEVERANCE
    • 16.1If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this Agreement, and the validity and enforceability of the other provisions of this Agreement shall not be affected.
    • 16.2If a provision of this Agreement (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
  17. 17. ENTIRE AGREEMENT
    • 17.1This Agreement and any documents referred to in it constitute the whole Agreement between the parties and supersedes any previous arrangement, understanding or Agreement between them relating to the subject matter of this Agreement.
    • 17.2Each party acknowledges that, in entering into this Agreement and the documents referred to in it, does not rely on any statement, representation, assurance or warranty (Representation) of any person (whether a party to this Agreement or not) other than as expressly set out in this Agreement or those documents. Each party agrees that the only remedies available to it arising out of or in connection with a Representation shall be for breach of contract as provided in this Agreement.
    • 17.3Nothing in this clause shall limit or exclude any liability for fraud.
  18. 18. ASSIGNMENT
    • 18.1The Customer shall not, without the prior written consent of the Supplier (which shall not be unreasonably withheld or delayed), assign, transfer, charge, mortgage, subcontract or deal in any other manner with all or any of its rights or obligations under this Agreement.
    • 18.2Each party that has rights under this Agreement is acting on its own behalf and not for the benefit of another person.
  19. 19. NO PARTNERSHIP OR AGENCY
    • 19.1Nothing in this Agreement is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
  20. 20. RIGHTS OF THIRD PARTIES
    • 20.1A person who is not a party to this Agreement shall not have any rights under or in connection with it.
  21. 21. NOTICES
    • 21.1A notice given to a party in connection with this Agreement:
      1. shall be in writing in English (or accompanied by a properly prepared translation into English);
      2. shall be signed by or on behalf of the party giving it;
      3. shall be sent for the attention of the person, at the address or fax number specified in this clause (or to such other address, fax number or person as that party may notify to the other, in accordance with the provisions of this clause); and
      4. shall be:
        1. delivered personally; or
        2. sent by commercial courier; or
        3. sent by fax; or
        4. sent by airmail requiring signature on delivery.
    • 21.2The addresses for service of a notice are as follows:
      1. Supplier:
        1. address: St Andrews House, West Street, Woking, Surrey, GU21 6EB, United Kingdom;
        2. for the attention of: Legal Services;
        3. fax number: +44 (0)1483 30 40 31;
        4. e-mail address: legal@meshdigital.com.
      2. Customer:
        1. As supplied during registration.
    • 21.3If a notice has been properly sent or delivered in accordance with this clause, it will be deemed to have been received as follows:
      1. if delivered personally, at the time of delivery; or
      2. if delivered by commercial courier, at the time of signature of the courier's receipt; or
      3. if sent by fax, at the time of transmission; or
      4. if sent by airmail, five days from the date of posting
    • 21.4For the purposes of this clause:
      1. all times are to be read as local time in the place of deemed receipt; and
      2. if deemed receipt under this clause is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a day that is not a public holiday in the place of receipt), the notice is deemed to have been received when business next starts in the place of receipt.
    • 21.5To prove delivery, it is sufficient to prove that:
      1. if sent by fax, the notice was transmitted by fax to the fax number of the party; or
      2. if sent by air-mail, the envelope containing the notice was properly addressed and posted.
    • 21.6The provisions of this clause 21 shall not apply to the service of any process in any legal action or proceedings.
    • 21.7A notice or other communication required to be given under or in connection with this Agreement shall not be validly served if sent by e-mail.
  22. 22. DISPUTE RESOLUTION
    • 22.1If any dispute arises in connection with this Agreement, the parties shall, within 14 days of a written request from one party to the other, communicate in a good faith effort to resolve the dispute.
    • 22.2If the dispute is not resolved, the parties may at any time, without prejudice to any other proceedings, seek to settle any dispute arising out of or in connection with this present Agreement in accordance with the International Chamber of Commerce ADR Rules.
  23. 23. GOVERNING LAW AND JURISDICTION
    • 23.1This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
    • 23.2The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

This Agreement has been entered into on the date of agreement.