Acceptable Use Policy.
Last modified on 05.02.2023
This policy is subject to change and it is your responsibility to check the policy regularly for updates. This policy together with the CAGORS LIMITED General Terms & Conditions of Service and any Specific Terms and Conditions of Service form the Agreement between the Customer ("You") and CAGORS LIMITED ("CAGORS LIMITED"/"Us") together (the ‘’Agreement").
Definitions
"Services" means the services and or products to be provided to You by CAGORS LIMITED.
- General
CAGORS LIMITED reserves the right to suspend or cancel a customer's access to any or all Services provided by CAGORS LIMITED, where CAGORS LIMITED decides that the account has been inappropriately used. CAGORS LIMITED reserves the right to refuse Services and/or access to its servers to anyone.
- Customer obligations
2.1 You will keep full security copies of your computer programs database and computer records on a daily basis or more frequently if required by best computing practice;
2.2 In order to maintain the data-transfer volume restrictions, You agree to check all email accounts in regular intervals and download the emails stored therein. You understand that CAGORS LIMITED may, should the capacity of your email boxes be exceeded at any time, return all subsequently received emails to the senders without notice to You.
2.3 Email accounts that have not been used for a period exceeding two (2) months (i.e., where You have not accessed your account and You have not downloaded emails) are subject to suspension by CAGORS LIMITED. Upon such suspension, CAGORS LIMITED will send a notification to your primary contact email address, announcing the suspension of the account. Failure to respond to such notice with a request for reinstatement of the account may, at CAGORS LIMITED sole discretion, lead to the termination of the subject account and the email box may be deleted from CAGORS LIMITED servers. In such cases, CAGORS LIMITED takes no responsibility for the loss of any data and/or emails still located in such account and You have no recourse against CAGORS LIMITED for any damages resulting from the loss of such data.
2.4 You will keep confidential all passwords received from CAGORS LIMITED for the purpose of the Services and notify Us immediately upon becoming aware that a password has become known to an unauthorised third party.
- Use of the Services
3.1 You will only make use of the Services for a legitimate and lawful purpose.
3.2 You will complete your own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services.
3.3 You will ensure that your website complies at all times with all relevant laws and obligations in any territory in which You are situated or in which your website may be accessed or made available. You must also obtain any relevant consents and approvals for the installation and use of any third party equipment or software. CAGORS LIMITED will have no liability under this Agreement for your failure to comply with any such relevant laws or obligations or do not obtain such consents or approvals.
3.4 You shall at all times use Web Site Space exclusively as a conventional Web Site. You shall not use the Web Site Space or Your Services in any way which may result in an excessive load on the CAGORS LIMITED Equipment, including but not limited to installing or running web proxies, using your allotted space as online backup or storage, or mirroring mass downloads
3.5 We reserve the right to refuse to provide any and all Services or access to our servers at any time at our discretion.
3.6 We do not allow any content to be stored on our servers which contravenes this Agreement. We reserve the right to remove such content, suspend and/or cancel the Services immediately if we consider that such content breaches this Agreement.
3.7 You accept that your use of a web hosting package with unlimited web space shall be subject to the terms of this Agreement and You warrant that You will comply with this Agreement.
3.8 Quotas and Limits.
For a package with 50 gigabytes of web space, the customer can initially have 20 gigabytes of web. From a usage of at least 75% of the available web space, this will be increased automatically and free of charge in steps of 10 gigabytes until the use is below 75% again.
For a web hosting package with 100 gigabytes of web space, the customer can initially have 50 gigabytes of web space. From a usage of at least 75% of the available web space, this will be increased automatically and free of charge in steps of 20 gigabytes until the use is below 75% again.
In the case of a web hosting package with 250, 500, or unlimited gigabytes, the customer can initially have 100 gigabytes of web space. If at least 75% of the available web space is used, it will be increased automatically and free of charge in steps of 50 gigabytes until the use is below 75% again.
The available web space capacity will be checked once daily and any customer requires an increase, this will only take effect once per day.
CAGORS LIMITED reserves the right to move customers to servers which are more suited for that customer's usage, in CAGORS LIMITED sole discretion, and the customer agrees and understands that during any such move some or all of the CAGORS LIMITED services may be unavailable or inaccessible.
Packages with unlimited mail space are initially configured with 50 GB of available mail space per mailbox. In the event that the customer's usage approaches the limits of the available mail space, CAGORS LIMITED will increase the mail space configuration in increments of 5 gigabyte at no further cost to the customer, but no more than once per day. To get your mail space increased please contact the CAGORS LIMITED Technical Support.
CAGORS LIMITED have specific quotas for the use of its hosting Services. All web hosting and WordPress hosting plans, including the unlimited products, are subject to a limit of no more than 262,144 inodes per account for Linux hosting accounts or 500,000 files and folders per account for Windows hosting accounts. It is your responsibility to ensure your account remains below this limit, and you can log into your control panel at any time to check how much you are using. The hosting quota is a combination of all files stored on your web space.
3.9 We shall notify You if we become aware of any alleged breach by You of this Agreement.
3.10 We reserve the right to move your data to a different server without prior notice to You or any third parties.
3.11 Should your use of the Services result in an overly high load on CAGORS LIMITED systems, then we may suspend your account at our sole discretion until the cause of any such overload (legitimate or otherwise) is determined.
3.12 You shall indemnify Us against all damages, losses and expenses arising as a result of any action or claim relating to any breach of this Agreement by You.
3.13 In the event that we remove your data or content and/or suspend all or any Services and later reinstate such content and/or resumes the Services, CAGORS LIMITED shall not be liable for any damages, losses or expenses arising from such action. You shall indemnify Us against all damages, losses and expenses arising as a result of any action or claim relating to any breach of this Agreement by You.
- Unacceptable Use of the Services
4.1 You will not send, transmit, make available, copy, retransmit, broadcast or publish (whether directly or indirectly) in whatever form any data, information or contractual rights, material or statement which infringes the Intellectual Property Rights or contractual or statutory rights of any person or legal entity or the laws or statutory regulations relating to defamation, contempt, blasphemy, infringement of privacy or personal data rights and any equivalent or related laws in any territory in which they are or may be accessed or made available;
4.2 You will not make use of the Services to send or cause to be sent or forwarded electronic mail without the express or assumed agreement of the respective recipient. This shall include but not be limited to not sending large numbers of electronic mails with the same content which is commonly referred to as "spamming";
4.3 Use of the IMAP account as a "virtual drive", i.e., to store files as attachments or in any other manner, is strictly prohibited. IMAP accounts may be used for no purpose other than in the context of normal email traffic;
4.4 You will not use the Services to obtain or offer or permit to be offered for profit or otherwise any material, images, displays or services which are offensive, illegal or immoral or which are in breach of any legal obligation;
4.5 You will not use the Services to obtain or offer or permit to be offered for profit or otherwise any material, images, displays or services which contain any adult material. Adult material includes all pornography; or otherwise lewd or obscene content. The designation of 'adult material' is left entirely to the discretion of Us.
4.6 You will not arrange your home page(s) in a way that leads to a risk of or causes an excessive load on the server provided by Us in connection with the Services;
4.7 You understand that if You exceed the relevant data transfer volume applicable to specified Services you will be liable to pay additional charges as may vary from time to time for the data transfer volume exceeding the agreed level in the specified Service;
4.8 You will not use the Services in a manner which infringes any third party's copyright or other intellectual property rights;
4.9 You must ensure that any use of CAGORS LIMITED services by You or any other authorised account user, are not knowingly or negligently used for i.e. creating, transmitting, exceeding the quota limit, publishing or uploading any electronic material (including, without limit, files that contain viruses, corrupted files, Trojans or any other similar software or program) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of CAGORS LIMITED Internet's services or any other Internet user or person; and
4.10 You must ensure that any end-user submitted content such as forum posts or chat room entries meet with the standards defined within this Agreement.
4.11 The use of all Shutterstock Content is subject to the terms of this Agreement, and you may not use the Shutterstock Content: (i) together with defamatory, pornographic, or unlawful content; (ii) in such a manner that it infringes upon any third party's trademark, copyright, or other intellectual property rights, whether alone or in combination with your content or data; (iii) in a way that depicts any person appearing in the Shutterstock Content to advertise adult entertainment clubs, escort services, or similar venues or services, or engaging in unlawful or criminal activities; (iv) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services. You may not use the Licensed Content separate and apart from website creation, hosting, online marketing, or related services provided to you via the CAGORS LIMITED systems or network or using the CAGORS LIMITED services.
- The Software
5.1 The CAGORS LIMITED Online Software ("Software") is provided for online use as part of the Services, and the use of the Software may be subject to fees as outlined in the current fee schedule for the specified Services;
5.2 The Software is hosted software, which runs directly on CAGORS LIMITED servers, and You agree that you will not download, install, store, make copies of or sub-licence the Software. You further agree that You shall not in any way translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, licence, distribute, market or otherwise dispose of any portion of the Software or any copies thereof and shall not assist any third party in doing so; and
5.3 You understand and accept that the Software is designed to be used through CAGORS LIMITED user interface and, as such, may be utilised by any authorised user from any computer or workstation. This licence is automatically revoked upon termination of this Agreement. CAGORS LIMITED reserves the right to modify or discontinue the Software at any time without notice.
- Enforcement
6.1 CAGORS LIMITED will determine, at our own discretion, whether there has been a breach of this Agreement through your use of CAGORS LIMITED Services. When a breach of this Agreementhas occurred, we may take any such action as deemed appropriate in accordance with section 1.1 of this Agreement;
6.2 Failure to comply with this Agreement constitutes a material breach of the Agreement upon which you are permitted to use CAGORS LIMITED Services, and may result in CAGORS LIMITED taking all or any of the following actions:
6.2.1 immediate, temporary or permanent withdrawal of your right to use CAGORS LIMITED Services;
6.2.2 immediate, temporary or permanent removal or archiving of any content in breach of this Agreement uploaded to CAGORS LIMITED servers
6.2.3 issue of a warning to You;
6.2.4 issue of legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
6.2.5 further legal action against You; or
6.2.6 disclosure of such information to law enforcement authorities as CAGORS LIMITED considers to be reasonably necessary; and
6.3 CAGORS LIMITEDexclude liability for actions taken in response to breaches of this Agreement. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
- General
CAGORS LIMITED have a Police Liaison function and we are committed to assisting, and cooperating with, all law enforcement and government agencies in helping to reduce Internet Crime.
- Contact Information
CAGORS LIMITED are happy to answer any questions You may have regarding your CAGORS LIMITED services. Please note that any discussions with Us are treated in strictest confidence, so we may need to ask You security questions to confirm that we are speaking to the right person.
- Privacy policy
Your right to privacy is very important to Us. CAGORS LIMITED recognises that when You choose to provide CAGORS LIMITED with information about yourself, You trust that we will act in a responsible manner. CAGORS LIMITED believe this information should only be used to help Us provide You with a better Service.
Terms and Conditions
Specific Terms and Conditions: Domain Name Service
Last modified on 05.02.2023
Specific Terms and Conditions applicable to the Domain Name Service provided by CAGORS LIMITED
These Specific Terms and Conditions and the General Terms and Conditions shall be interpreted and applied together as a single instrument (the "Agreement"). To the extent that there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalized terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms and Conditions.
Definitions
- Extension: the string of characters at the extreme right of the Domain Name which indicates the name zone in which the Domain Name is registered. The extension consists of two or more letters corresponding to:
- the code given to a country pursuant to the ISO 3166-1 standard (Country Code Top Level Domain or "ccTLD" );
- a generic code (Generic Top Level Domain or "gTLD") assigned by the Internet Corporation for Assigned Names and Numbers, for which the list is available at www.icann.org.
- Domain Name: string of characters registered by a Registry within the zone it is in charge of whose main purpose is to serve as an Internet identifier allowing amongst other things, reaching a website, sending emails, ...
- Registry Policy: terms of registration under a given Extension, or any other text with a similar scope and purpose referenced as "Charter" or "Terms of Registration", of the Registries and which are reachable via the hyperlinks listed under "Registries Policies" at https://www.cagors.com/en
- Registrar: commercial entity accredited by one or more Registries to act as their intermediary with Domain Name holders.
- Registry: entity in charge of the delegation of domain names for a specific Extension as referenced in the Internet Assigned Numbers Authority database available at: www.iana.org. The Registry administers a unique database for the Extension within its purview. This database also contains specific information regarding the domain names.
- The Service
In its capacity as a Registrar, CAGORS shall provide the Customer with a range of registration and administration services for Internet domain names (the "Domain Name Service") as defined hereafter and insofar as the Customer has submitted an Order Form pursuant to the General Terms and Conditions.
1.1. Search engine for domain name availability
CAGORS provides via the CAGORS Site, and free of charge, a search engine for domain name availability. This search engine, which relies for the most part on data provided by the Registries, is provided for informational purposes only.
The data retrieved and displayed by this search engine is of an informational nature only and shall not entail any obligation, duty or liability on the part of CAGORS, including with regard to any use that may be made of such data or the accuracy of such data.
1.2. Domain Name registration
We have been granted the right to provide Internet domain registration services. Please see https://www.cagors.com/domain for a full list.
ICANN oversees all domain registries and registrars. “Atak Domain Hosting Int. ve Bilgi Teknolojileri Ltd. Sti Yenişehir Mah. Arda Sk. No. : 36/1 Izmit - Kocaeli-Turkey” is the registry administrator responsible for the domains. You can find information about ICANN's Registrants Rights and Responsibilities document here: https://www.icann.org/resources/pages/registrant-rights-2013-09-16-en.
Upon receipt of Your domain name registration information, We shall submit the information to the registry administrator for the appropriate domain extension for approval and processing. The registry administrator then puts into effect the domain name registration.
CAGORS shall proceed to the registration of domain names under various Extensions - an applicable and up-to-date list is available on the CAGORS Site - for the term selected by the Customer in the Order Form they have submitted to CAGORS pursuant to the General Terms and Conditions.
Acting as a mere technical intermediary, CAGORS shall transmit the Customer's registration request to the applicable Provider for purposes of fulfilling the Customer's order, namely the Registries acting as Providers for the Domain Name Service.
In carrying out this process, CAGORS will not perform any action to verify in any manner whatsoever the availability of the string of characters that the Customer wishes to register as a Domain Name under a specific Extension. The Customer acknowledges and accepts that CAGORS does not guarantee that the Domain Name for which they submitted an Order Form will be available for registration, regardless of the fact that such Order Form was accepted by CAGORS and the applicable fee paid by the Customer.
The Customer agrees that in the event of any dispute concerning the time of the entry of a Domain Name registration into the Registry system, the timestamp shown in the Registry system records shall control.
In carrying out any operation relating to the registration or modification of administrative or technical data, or
deletion of a Domain Name, CAGORS' role is strictly limited to acting directly or indirectly on the Customer's
behalf vis-á-vis the Registry in charge of Domain Name attribution in the relevant Extension.
1.3. Domain Name renewal
1.3.1. Automated renewal
In order to avoid an unwanted expiration of the Domain Name, CAGORS enables the Customer to activate an automated renewal option in the Customer Account.
If this option is activated, CAGORS will attempt to renew the Domain Name prior to its expiration date and for the term selected by the Customer. This automated renewal shall be operated in accordance with the terms of article 6 of the General Terms and Conditions.
1.3.2. Manual renewal
If the automated renewal option is deactivated, the Customer will need to manually renew the registration of the Domain Name via the Customer Account before its expiration date. CAGORS will notify the Customer several times of the expiration and applicable methods to renew the Domain Name, by sending the Customer emails to the address registered as part of the Customer Details.
CAGORS cannot be held liable if the Customer fails to take the necessary action to renew the Domain Name or in the case of the Customer Details being inaccurate or obsolete and, more generally, in case of the Customer failing to receive the expiration notice. The Customer remains solely responsible for the renewal of the Domain Name.
If the Customer fails to take action to renew the Domain Name before its expiration date, the Domain Name will first be deactivated and pursuant to the applicable Registry Policy, become available for registration by the public.
In the event the Domain Name expires, and in as much as it is feasible, CAGORS will automatically redirects it to a dedicated Parking Page (as defined in article 1.7 hereof) displaying a message indicating that the Domain Name has expired and inviting the Customer to proceed to its renewal via the CAGORS Site.
If the Domain Name is deleted from the Registry database, CAGORS reserves the right to, either directly or on behalf of a third party, register the Domain Name neglected by the Customer. The Customer understands and agrees that by failing to take action prior to the expiration of the Domain Name; the Customer expressly waives all rights to challenge such registration by or via CAGORS.
1.4. DNS servers
When submitting an Order Form for a Domain Name, the Customer shall choose whether the Domain Name will be delegated to Classic DNS servers or to any other DNS servers.
The Customer shall be entitled to modify the DNS servers to which the Domain Name is delegated to at any time. Depending on the Extension under which the Domain Name is registered, this operation may incur a fee. The fees applicable to this operation are specified on CAGORS' price list published on the CAGORS Site.
Classic DNS servers are made available to the Customer free of charge with no express or implied warrantee as to their proper functioning. By using Classic DNS servers, the Customer commits to making a reasonable use of this service. In such a case where CAGORS will, at its sole and entire discretion, consider that the Customer's use of Classic DNS servers is improper, such as but not limited to causing a flood of DNS queries, using the DNS servers as part of a Fast Flux attack' CAGORS will be entitled to suspend the provision of this service and thus to deactivate the Customer's Domain Name without prior notice.
The Customer acknowledges that in such a case the Domain Name is transferred to another Registrar, the Customer will not be permitted to use Classic DNS servers again.
1.5. Domain Name Activation
1.5.1. Details accuracy
In the event the Customer elects to appoint the Domain Name details different to those associated with their Customer Account, CAGORS shall in accordance with article 4 of the General Terms and Conditions, proceed to the Validation of those details.
The Customer acknowledges and accepts that in a case where the accuracy of the Customer Details associated to the Domain Name may not be verified, CAGORS will not activate the Domain Name regardless of its registration by the Registry.
The Customer further acknowledges that the Validation will be operated on a yearly basis and that failure to pass it will result in the suspension of the Service for all domain names linked to the details that couldn't be validated.
Pursuant to article 6 of the General Terms, the Customer shall be solely responsible for the accuracy of and the update of the Customer Details. CAGORS cannot consequently be held liable for any suspension of service resulting from a failure to pass the Validation.
1.5.2. DNS Servers
The Customer agrees that functional DNS servers properly set to allow the resolution of domain names are required for the registration of a Domain Name, and more generally, for the proper functioning of Internet.
CAGORS shall preferentially use the DNS servers specified by the Customer in the Order Form for purposes of validating the Domain Name registration. However, if CAGORS ascertains that the DNS servers specified by the Customer are invalid, and (a) the applicable Registry allows a change of DNS servers delegation at no charge, CAGORS shall use Classic DNS servers in lieu of the DNS servers specified by the Customer or (b) the applicable Registry charges a fee for this operation, CAGORS shall attempt to contact the Customer on three (3) occasions within a period of five (5) Working Days using the Customer Details. After these five (5) days have lapsed, and in the absence of the Customer's express consent within such period, the concerned Domain Name shall be deleted and automatically become available for registration by the public pursuant to the applicable Registry Policy.
1.6. Domain Name Transfer
The transfer of the Domain Name to another Registrar shall be operated in accordance with the applicable Registry Policy as well as all other Policies applicable to the Extension or in the absence of such, in accordance with CAGORS' own procedures.
The Customer explicitly authorizes CAGORS to act as their Designated Agent, as stipulated by the ICANN Transfer Policy, to approve a Change of Registrant on their behalf.
CAGORS shall accept any Domain Name transfer request insofar as such request is communicated to CAGORS via the Customer Account seven (7) Working Days, or more depending on the Registry Policy, prior to the Domain Name expiration date.
If the transfer request is submitted after this period, the Customer shall extend the Domain Name registration period by at least the minimum term allowed by the Registry, prior to being entitled to submit a new transfer request for such Domain Name.
The Customer acknowledges that depending on the Extension considered, the transfer of the Domain Name to another Registrar may be forbidden for a given period of time following the registration date of the Domain Name by the Registry. This period is of sixty (60) days for all Domain Names registered under a gTLD Extension and vary from one ccTLD Extension to another. It is the Customers sole responsibility to acquaint themselves with the Registry Policy and a more generally with all applicable Policies before placing their order.
1.7. Parking Page
If, upon registering the Domain Name, the Customer abstains from linking it to a specific page or Internet site, the Customer grants CAGORS the right to point the Domain Name to a web page specifically designed to avoid the display of a 404 error message to Internet users. Such a page may promote various services (such as a search engine and advertising offers) to the public.
The Customer shall be entitled to deny such right of redirection of the Domain Name to CAGORS by sending a written request by mail to CAGORS at the address specified in article 1 of the General Terms and Conditions.
- Registries and other Policies
The Customer expressly acknowledge and accept that the Registry reserves the right to deny, cancel or transfer any Domain, or place any Domain (s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion to comply with specifications adopted by any industry group generally recognised as authoritative with respect to the Internet (e.g., RFCs), or to correct mistakes made by the Registry and/or any other contractually obligated vendors in connection with a domain name registration.
By submitting an Order Form, the Customer expressly and fully agrees to the applicable Extension dispute resolution policy applicable to any dispute which may arise between the Domain Name holder and a third party.
Although a list of hyperlinks to each applicable Registry Policy may be available on the CAGORS website, it shall be the Customers sole responsibility to obtain the most recent version of those documents directly from the Registries. Nonetheless, the Customer shall always be informed of the main requirements applicable to the domain name registration they want to make.
- Supporting documents
3.1. The Customer undertakes to swiftly procure to CAGORS any documentation required for the validation and acceptation of their request by the Registry (the "Documents").
3.2. Within three (3) days following receipt of the payment for the Order Form, CAGORS shall, if required, attempt to contact the Customer using the Customer Details, to obtain the Documents (the "Reminder").
3.3. In the event the first Reminder is not acted upon, CAGORS shall attempt to contact the Customer using the Customer Details, at least two (2) more times. The second Reminder shall be sent within five (5) days following the first one and the third shall be sent within ten (10) days following the second.
3.4. It is the Customer's sole responsibility to contact CAGORS prior to the third Reminder, by using the details displayed on the CAGORS Site, including the email address support@CAGORS.com.
3.5. The Customer acknowledges that any delay in the provision of the Documents will entail additional work for CAGORS which may potentially impair the operation of the applicable Registry and/or Provider. The Customer therefore agrees that the sending of a third Reminder may bear a charge amounting to a specific percentage of the applicable fee, and that such charge shall be automatically debited by CAGORS using the Method of Payment associated to the Customer Account.
3.6. In the event CAGORS has not received the Documents within fifteen (15) days after the sending of the third Reminder, the Domain Name will be automatically deleted and the Customer will not be entitled to any refund.
- Refund
The Customer understands and agrees that unless otherwise provided all fees applicable to the Domain Name Service are non-refundable. The Customer having the legal status of consumer pursuant to the Luxembourgish consumer code are expressly informed that the Domain Name being considered a customised good, pursuant to article L.222-5 of this code, the Domain Name Service is not subject to the statutory right of withdrawal.
The Customer further acknowledges that the transfer of the Domain Name registered with CAGORS to another Registrar does not entail the refunding of any monies paid to CAGORS for the realisation of past operations (registration, modification, administration, etc.) on the Domain Name.
The Customer further expressly accepts that any transfer request will only be accepted after the payment of all unpaid invoices including all transfer fees which may apply. In case the Customer's CAGORS Account presents a negative balance, CAGORS will be entitled to prevent any Domain Name transfer by applying all applicable technical measures, including but not limited to, the locking of the applicable Domain Name.
- Modification
In accordance with article 7.2 of the General Terms and Conditions, CAGORS retains the right to discontinue or suspend the Domain Name Service for any of the Extensions.
The Customer understands and accepts that CAGORS cannot be held liable for any consequences resulting from such modification, suspension or discontinuance of the Domain Name Service.
- CAGORS obligations
CAGORS commits to make its best efforts to communicate the Customer's order for the Domain Name Service within a timely fashion to the applicable Provider and pursuant to the applicable Registry Policy. CAGORS hereby only commits to a best-efforts obligation.
- Responsibility
7.1. The Customer is solely responsible for the choice of the string of characters composing the Domain Name, its registration and its use.
In view of the far-reaching scope of the Domain Name, it shall also fall to the Customer to take all necessary measures to protect the Domain Name and its use, particularly with regard to national and international trademark laws.
7.2. The Customer commits not to use the Domain Name Service in any illicit fashion such as distributing malware, operating abusive botnets, phishing, or otherwise fraudulent or deceptive practices. In accordance with article 11 of the General Terms and Conditions, the Customer shall assume sole responsibility for all consequences of such improper activities over which CAGORS has neither technical nor legal control.
7.3. The Customer further commits not to infringe upon any third party's rights by the customisation and use of the Domain Name.
- Guarantee
By submitting an Order Form for the Domain Name Service, the Customer agrees to indemnify, defend and hold harmless CAGORS and the Registry, their employees, directors, officers, representatives, agents and affiliates, against any claim, suit, action, or other proceeding brought against CAGORS or the Registry, or any of their affiliates based on or arising from any claim or alleged claim relating to the use of the Domain Name Service by the Customer. This guarantee entails in particular that the Customer will assist in mounting the legal defence of CAGORS and the Registry, their employees, directors, officers, representatives, agents and affiliates, and will fully indemnify CAGORS and the Registry, their employees, directors, officers, representatives, agents and affiliates, of any damages they may suffer due to such claim.
- Personal data protection
By submitting an Order Form for the Domain Name Service, the Customer expressly authorises CAGORS to disclose the following data to the Providers: the Domain Name registered by the Customer, the Customer name, address, phone number, email address, the dates of registration and expiration of the Domain Name and the DNS servers to which the Domain Name is delegated.
This disclosure and escrow of the Personal Data are for the sole purpose of allowing the implementation of an emergency plan to ensure the continuity of the Internet naming system in case of failure and /or happening of events preventing CAGORS from fulfilling its obligations as a Registrar.
The Customer understands and accepts that in the case of denial of the disclosure specified herein, the Domain Name Service cannot be provided and that any request to delete the Personal Data after the registration of the Domain Name will automatically entail the deletion of the Domain Name.
- Disputes
In the event a dispute occurs between a third party and the Customer regarding the registration or use of the Domain Name by the Customer, CAGORS will be in no way whatsoever involved in such a dispute and the Customer will solely assume any consequences thereof.
If a decision resulting from a dispute proceeding is reached and requires CAGORS' intervention, CAGORS shall abide by such decision without being held liable by the Customer.
By submitting an Order Form for the Domain Name Service, the Customer expressly agrees that:
- any dispute pertaining to the Domain Name the Customer is willing to register may be settled via the alternative dispute resolution system established by the Registry in charge of the applicable Extension; and that
- both the courts of the Domain Name holder residence and CAGORS place of incorporation have jurisdiction over any dispute between the Customer and a third party related to the domain name registered under a gTLD Extension.
- Suspension
The Customer acknowledges that any suspension of the Domain Name Service pursuant to article 15 of the General Terms and Conditions which lasts more than the Domain Name registration term will entail the deletion of the Domain Name from both CAGORS and the registry databases. Upon deletion the Domain Name will become available for registration by the public pursuant to the applicable Registry Policy.
- Termination
12.1. The Customer may request the deletion of the Domain Name that they have registered via the Domain Name Service at any time. Such termination will be operated after a period of one (1) month following the receipt by CAGORS of a written request sent by registered mail to the address specified in article 1 of the General Terms and Conditions.
In the event that the deletion of the Domain Name is not possible, CAGORS shall suspend the Domain Name for the period remaining until its expiration date.
12.2. In the case of termination of the whole Agreement as pursuant to the terms of article 14 of the General Terms and Conditions, the Customer shall hold CAGORS harmless from any responsibility arising from any further intervention request on the Domain Name. Renewal of the registration of any Domain Name that expires following receipt of the termination notice shall be excluded.
12.3. The Customer expressly agrees that no refund shall be granted in case of termination of the Domain Name Service and/or the whole Agreement.