Français
The purpose of these conditions is to define, subject to full payment of the price set for each domain name extension, the technical and financial terms under which ADK Media undertakes to register, renew, and transfer domain names on behalf of the client. These conditions are an integral part of our general terms of sale, which cover a broader spectrum regarding the commercial and legal relationship between the client and ADK Media.
To complement these domain name management conditions, other specific conditions concerning certain extensions should be consulted on the general terms and conditions page.
1. Purpose and Definitions
- Extension: Refers to the final part of the domain name, determining the competent Registry for registering the domain name (e.g., .com).
- ICANN: Refers to the "Internet Corporation for Assigned Names & Numbers," a private, non-profit organization responsible for managing the "domain name system," defining the rules for the allocation, management, and evolution of domain names.
- Domain Name: Refers to the sequence of letters, numbers, and/or characters chosen by the client, completed with an "extension," which the client instructs ADK Media to register, on behalf of the client, with the competent Registry, renew, or transfer.
- Registrar: Refers to a legal entity registered with one or more Registries and authorized, as a technical intermediary, to collect and transmit domain name registration requests to the competent Registry(s).
- Registry: Refers to a legal entity responsible for a given category of domain names identified by an extension, maintaining the unique database listing all domain names with that extension.
- Whois: Refers to all search services provided by Registries, allowing users to obtain information about a domain name, including the contact details of the domain name holder. This online search service only communicates information provided by the registrant.
2. Terms of Service and Billing
2.1. ADK Media handles the registration, renewal, and transfer of the client's domain names. The effective activation of domain names determines the initial date when billing will take effect.
2.2. By paying their invoice, the client acknowledges having verified the syntax of the domain name ordered directly on the ADK Media e-commerce site. In the event of an error, the client must register a new domain name, as the operation of modifying a domain name does not exist with Registries.
2.3. ADK Media acquires a domain name at the request and expense of the client. This domain name becomes the property of the client upon full payment to ADK Media of the fees related to its registration, annual maintenance, and activation.
3. Obligations and Responsibilities of ADK Media
3.1. ADK Media undertakes to perform the necessary diligence to register the domain name chosen by the client. Any registration request is subject to the client's acceptance of any naming rules for the requested domain name.
3.2. ADK Media undertakes to perform the necessary diligence with Registries or Registrars to transfer the domain name within the limits set out below:
- The transfer of the client’s domain name is subject to acceptance by the holder, Registry, or Registrar.
- The full cooperation of the client is required to ensure no form of blockage on the domain name that could result in refusal by the Registry or Registrar.
- In certain cases, the client must provide the Provider with a code (EPP Key or Auth Info) required to request the transfer with the Registry or Registrar.
- The transfer request must occur at least one week before the domain name's expiration date.
- For certain extensions (e.g., .com), a 60-day lock may occur following changes to the holder’s WHOIS information, during which the domain name cannot be transferred.
- The domain to be transferred must be unlocked with the previous provider before making the transfer request.
3.3. ADK Media's obligations, as described in these conditions, are subject to full payment of the amounts owed by the client. Therefore, ADK Media cannot be held responsible for the withdrawal or cancellation of the domain name decided by the Registry or Registrar.
3.4. ADK Media is committed to providing the requested service. However, given the significant role of the client's domain name choice and the roles of other parties (ICANN, Registry, Registrar) in executing this contract, ADK Media is only obligated to use its best efforts (obligation of means). ADK Media is not liable for:
- Domain name unavailability
- Issues with registration, renewal, or transfer due to internet network failure or a third party, including the Registry, Registrar, or a telecommunications operator
- Inability to register, renew, or transfer the domain name
- Delays in registration, renewal, or transfer that do not exceed the Registry’s grace period
- Damages to third parties resulting from domain name registration or usage
- Suspension, freezing, locking, or cancellation of the domain name registration or transfer resulting from an ICANN or Registry rule
- Registry-imposed changes to General Terms
- Premium domain designation with prices higher than the standard for the same extension
3.5. In the event of a failure to register, renew, or transfer the domain name, ADK Media agrees to refund the amount paid by the client for the specific service.
In the case of a failed transfer of a domain name offered free of charge as part of special promotional offers, exceeding one month from the activation date of the order, due to a lock at the former provider or the client's non-responsiveness, this order will be canceled without entitling the client to any refund or another free transfer of the same domain name or another domain name.
3.6. A domain name ordered by the client may be considered a premium domain by the registry, meaning its registration price is higher than the standard public price for the same extension. Additionally, a premium domain may not be detected at the time of the order. ADK Media will notify the client of this and proceed with payment of the additional amount for registration or choose to cancel the order or change the ordered domain name.
4. Client Obligations and Responsibilities
4.1. The client agrees to provide the actual name and complete postal and telephone contact information of the holder, administrative contact, technical contact, and billing contact of the chosen domain name. The client confirms having authorization to share the names and contact information of all contacts mentioned above for collection and publication purposes on the Internet.
4.2. The client or the person registered as the domain name holder is solely the owner and responsible party for the domain name registered through ADK Media. The client agrees that the domain name and its usage will fully comply with current regulations and not violate the rights of others.
4.3. The client declares that, to their knowledge, neither the registration of the domain name nor its direct or indirect usage infringes upon:
- Intellectual property rights belonging to third parties
- Public order
- Laws and customs in force
4.4. The client is solely responsible for any damages resulting for third parties from the registration, usage, or subsequent exploitation of the domain name. The client is particularly responsible for the content of the internet services provided to the public via the domain name. Consequently, the client indemnifies ADK Media against any third-party action related to the domain name’s usage.
4.5. The client agrees to keep the information registered in the WHOIS database for the holder, administrative, and technical contacts up to date.
4.6. The client agrees to provide all necessary elements for the registration of the desired domain name. If identification documents, information, or required data need to be modified, added, or corrected, ADK Media will notify the client via email or support ticket. During this interval, no pre-reservation rights apply to the domain name. If the chosen domain name is registered by a third party during this response period, ADK Media will inform the client, who must then select another domain name.
4.7. The domain name registration request does not guarantee that the domain name is available or that it will be effectively registered and allocated to the client. Only the actual registration of the domain name with the Registry constitutes registration. It is the client’s responsibility to verify the availability of the desired domain name(s) using online WHOIS services.
4.8. The terms of the Registry managing the chosen extension are integral to these conditions.
4.9. If the domain name is not renewed before its expiration date, it may be registered by a third party, and the client will lose the right to retrieve it. In such cases, ADK Media cannot be held liable, regardless of the client’s losses.
