Mandatory Requirements for the Partner’s Agreement with Registrants

This document is an integral part of the Public Offer (hereinafter — the Agreement). Terms are used with the meaning defined in the Agreement. If the Registrant is another person (a client of the Partner), the Partner must conclude with each such Registrant its own agreement (a public offer or a bilateral agreement) containing the mandatory provisions set out below. If the Partner registers a domain name for its own benefit and is at the same time the Registrant, a separate agreement is not required, and the Partner accepts the corresponding terms directly under the Public Offer. These requirements arise from the Registrar’s obligations to the registries and administrators of public domains and from the applicable domain dispute resolution policies; the Partner’s failure to comply with these requirements is a material breach of the Agreement.

1. Accuracy of the Registrant’s data

• an official statement by the Registrant that the information provided by it (in particular, contact information) is complete, truthful and accurate;
• an undertaking by the Registrant to immediately notify of any changes to this information throughout the entire delegation period of the domain name;
• the Partner’s right to require documents confirming the currency of the data and to suspend servicing in the event they are not provided.

2. Personal data and WHOIS/RDAP

• the Registrant’s consent to the processing of its personal data for the purpose of registering and maintaining the domain name;
• notification of the Registrant of the transfer of its personal data to the Partner, the Registrar (Individual Entrepreneur Tereshchuk Andrii Oleksandrovych) and the corresponding registries/operators and administrators of public domains as processors, with an indication of the purpose, composition and period of processing;
• the Registrant’s consent to the publication of its data in the public services WHOIS and RDAP in accordance with the registries’ regulations, or the exercise of the right to anonymisation (proxy contact) with information about the associated risks;
• the Registrant’s consent to the cross-border transfer of its personal data — to registries and registry operators outside Ukraine, to the public services WHOIS/RDAP, as well as to the servers of engaged technical contractors located outside Ukraine (in particular in the EU and the USA), with an appropriate level of protection ensured;
• notification of the Registrant’s rights as a personal data subject in accordance with the Law of Ukraine «On Personal Data Protection» and (where applicable) the General Data Protection Regulation (GDPR);
• if the Registrant transfers the personal data of third parties (administrative, technical contact) — a statement by the Registrant that the transfer is lawful, and its undertaking to inform such persons itself.

3. Domain Dispute Resolution Policy (UA-DRP)

• the Registrant’s consent to comply with the Domain Name Dispute Resolution Policy for the .UA domain, the Rules thereto and the Supplemental Rules of the World Intellectual Property Organization;
• the Registrant’s consent that the corresponding disputes are resolved by way of mandatory administrative proceedings by the WIPO Arbitration and Mediation Center;
• the Registrant’s consent to the blocking, deletion or re-delegation of the domain name in the manner provided for by the said policies and rules, including to enforce decisions of the Administrative Panel of the WIPO Center or a court decision;
• an undertaking not to change the Registrant or the registrar of a disputed domain name during the consideration of a complaint.

4. Change of registrar and transfer of servicing

• a procedure ensuring that, in the event of termination of the relationship between the Partner and the Registrant, the domain name is transferred to the maintenance of another registrar/partner without cancelling the delegation;
• the Partner’s non-objection to the Registrant’s wish to change registrar in accordance with the terms of the agreement between them;
• the performance of operations for the re-delegation of a domain name to another Registrant solely on the basis of a written application of the current Registrant.

5. Information and support

• informing the Registrant about the procedures for registration, renewal, automatic renewal, transfer, deletion and restoration after deletion, change of information, as well as about the approximate time for deletion of a non-renewed domain and about the procedure for maintaining a domain where it is not serviced by a registrar;
• taking measures to notify the Registrant of the approaching expiry of the registration period;
• the Partner’s having a communication channel (e-mail) for third parties and taking measures regarding abuse.

6. Limitation of liability and disclaimers

• a disclaimer that the Registrar (Individual Entrepreneur Tereshchuk Andrii Oleksandrovych), the Administrator of the domain zone and the Registry Operator are not liable for the consequences of the use, non-use or unlawful use of the domain name by the Registrant, including towards third parties, and cannot be joined as a party to domain disputes;
• the Registrant’s acceptance of the risks associated with the use of the Internet and the chosen domain names, including possible claims by third parties.

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In the event of a conflict between the Partner’s agreement with a Registrant and these requirements, the Partner must bring its agreement into compliance with these requirements. The Registrar has the right to require the Partner to provide the text of its agreement with Registrants in order to verify compliance.

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Individual Entrepreneur Tereshchuk Andrii Oleksandrovych  ·  RNTRC: 3796706819  ·  https://uatld.com