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Domain Name Registration Terms and Conditions

§ 1 - General Information

These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) set forth the detailed rules governing the registration, maintenance, and management of internet domain names by WebWave sp. z o.o. [LLC], with its registered office at ul. Postępu 14, 02-676 Warsaw, Poland, entered into the Register of Entrepreneurs of the KRS [National Court Register], maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the NCR, under KRS [NCR No.]: 0000851194, NIP [Tax ID]: 527-293-17-49, REGON [Business Reg. No.]: 386580113 (hereinafter referred to as the “Registrar”).
These Terms and Conditions constitute a supplementary document to the WebWave Website Builder Terms and Conditions and contain detailed provisions regarding the services provided by the Registrar in connection with Domains.

§ 2 - Definitions

The terms used in these Terms and Conditions shall have the following meanings:

Subscriber – a natural person, legal entity, or organizational unit without legal personality that has placed an order for the Registration Service or on whose behalf the Domain has been registered in the Registry and which holds the rights to use the Domain, including, in particular, the right to dispose of it, in accordance with the Registry regulations;
Registrar – WebWave sp. z o.o., as an entity accredited by the Partner, intermediating in the registration of the Domain, the management and maintenance of the Domain in the Registry, and the transfer and assignment of the Domain;
Domain – also referred to as the Domain name, a unique name within the domain name system (DNS), consisting of a sequence of characters including letters, numbers, or hyphens, containing the name and the domain extension – a top-level domain (TLD), used to identify and locate resources on the Internet;
Partner – an entity cooperating with the Registrar in the provision of services related to the registration, maintenance, and management of Domains, indicated in the WebWave Website Builder Terms and Conditions, or the Registry;
Registry – an entity maintaining the database of top-level domain names (TLDs) relevant to a given Domain, in particular NASK with respect to “.pl” domains;
Business Panel – a panel enabling, among other things, the management of Domain settings and the activation or deactivation of subscriptions for selected Domains;
Price List – the list of prices for Services provided by the Registrar, available in the Business Panel;
Agreement – the agreement for the provision of services specified in the WebWave Website Builder Terms and Conditions;
Service – the following services provided by the Registrar under these Terms and Conditions: (i) the Registration Service combined with the Domain Maintenance Functionality, as well as (ii) Domain Assignment and (iii) Domain Transfer;
Registration Service – the service of the Registrar acting as an intermediary in the registration of a Domain name in the Registry;
Domain Maintenance Functionality – support made available as part of the remuneration for the Registration Service, consisting of maintaining the Domain name in the Registry for the subscription period resulting from the Registration Service or from rights arising from the registration of a domain name in which another registrar intermediated, if the domain was added to the Business Panel as a result of a Domain Transfer;
Domain Name Assignment – a change of the Subscriber of the Domain name;
Domain Transfer – a change of the registrar of the Domain name.

§ 3 - General Provisions

The Subscriber authorizes the Registrar to represent the Subscriber in relations with the Registry, other registrars, and Partners to the following extent:
1. creation of a subscriber account with the Partner or another registrar,
2. registration of the Domain name in the Registry on behalf of the Subscriber,
3. publication of the Subscriber’s data and Domain data in the WHOIS database maintained by the Registry,
4. performance of all administrative operations related to the maintenance of the Domain,
5. acting as an intermediary between the Registry, another registrar, or a Partner and the Domain Subscriber in matters concerning Domain management,
6. performance of obligations toward authorized entities, in particular courts, prosecutor’s offices, the Police, and other authorized law enforcement authorities, Computer Security Incident Response Teams (CSIRTs), entities enforcing court orders, and the President of the Office of Electronic Communications,
7. maintenance of the domain name on the Registrar’s DNS servers.
The Subscriber undertakes to confirm the authorization referred to in Section 1 above upon request of the Registrar, the Registry, another registrar, a Partner, or another authorized entity. The Registrar shall not be liable for the consequences of the Subscriber’s failure to confirm such authorization.
The Registrar may cooperate with other entities in order to ensure the most favorable solutions for Subscribers with respect to the proper performance of the Service, in particular with other registrars, Partners, and other intermediaries. The Registrar shall be entitled to further grant authorization to other registrars or Partners cooperating with the Registrar in the performance of the Service, within the scope specified in Section 1 above.
The Subscriber acknowledges that the Services are performed by the Registrar in accordance with the rules, policies, and procedures (including verification procedures) of the Registry and the Registrar, and in the case of using services of other registrars or Partners – also in accordance with the rules applicable to such entities. In the case of Domains other than “.pl”, the rules, policies, and procedures arise from the laws of the country of the Registry having jurisdiction over the relevant Domain and are independent of the Registrar.

§ 4 - Domain Registration Service in the Registry

Under the Agreement (exclusively within the Premium Plan) and for the remuneration resulting from the Agreement, the Subscriber shall be entitled to place a one-time order for the registration of a Domain name with the “.com” top-level domain (TLD) in the Registry, under the conditions specified in the Business Panel and these Terms and Conditions. Placing an order does not constitute registration of the Domain.
The Registration Service includes a one-time activity consisting of the registration of the Domain name referred to in Section 1 above for a period of 1 year, unless otherwise specified in the Business Panel. The Subscriber shall be entitled to order the registration of additional domains under the Agreement (exclusively within the Premium Plan), however, in such case, additional remuneration specified in the Price List shall apply.
The process of registering a Domain name is carried out on the basis of separate agreements concluded between the Registrar and the relevant Registry, another registrar, or a Partner, to which the Subscriber hereby consents.
In the case of preliminary verification of the availability of the Domain selected by the Subscriber, the Subscriber shall complete the form available in the Business Panel and provide the following data:
1. the Subscriber’s first and last name or business name (company name), e-mail address, and telephone number,
2. the country and address of the Subscriber’s permanent residence or registered office,
3. the Tax Identification Number (NIP), if the Subscriber has such number, and if not – the PESEL number.
By providing the data referred to in Section 4 above, the Subscriber declares that such data are true, complete, current, and accurate, and undertakes to exercise due diligence when providing them.
The Registrar shall be entitled to verify the Subscriber’s data in any manner selected by the Registrar.
The Registrar may refuse to perform the Registration Service or maintain the Domain if:
1. the data provided by the Subscriber are incomplete, incorrect, outdated, or false, and the Subscriber – despite being requested to do so – has failed to correct or supplement them within the period specified by the Registrar,
2. the selected Domain obviously infringes the rights of a third party, the internal regulations and procedures of the Partners and the Registry, generally applicable laws, or accepted standards of conduct.
Preliminary verification of the availability of the Domain selected by the Subscriber in accordance with Section 4 above does not constitute confirmation of its availability or reservation. This means that if the same Domain name has already been effectively registered by another entity, in particular through another registrar, the registration of the Domain shall be refused.
Actual activation of the Domain shall take place within the timeframes resulting from the procedures of the relevant Registry.
The Subscriber shall cooperate with the Registrar in the process of Domain registration, in particular by undertaking actions required to complete the registration of the Domain name within the timeframes specified by the Registrar.
The Subscriber acknowledges that the Registry, another registrar, or a Partner may refuse registration of the Domain name for reasons specified in their regulations, policies, and procedures (including verification procedures), in particular in the event of:
1. the Subscriber providing incomplete, false, outdated, or non-compliant data with respect to the requirements of the relevant Registry, another registrar, or Partner;
2. a negative result of the required verification of the Subscriber’s data or failure to complete such verification within the required time, in particular verification of the e-mail address, telephone number, identity, legal status, or registered office;
3. failure to provide documents, statements, or other information required by the Registry, another registrar, or Partner in the Domain registration process;
4. failure to satisfy special registration requirements applicable to a given Domain or top-level domain (TLD), including requirements regarding residence, registered office, citizenship, legal form, or Subscriber status;
5. violation by the Subscriber of the regulations, policies, or procedures of the relevant Registry, another registrar, or Partner, including rules regarding reserved or protected names;
6. justified suspicion that registration of the Domain could infringe third-party rights, personal rights, intellectual property rights, or generally applicable laws or accepted standards of conduct, including the use in the Domain name of words or phrases considered by the Registry or competent authorities to be generally offensive;
7. failure by the Subscriber to undertake required actions or respond to requests from the Registrar, the Registry, another registrar, or a Partner within the specified period.
Refusal to register the Domain by the Registry, another registrar, or a Partner for reasons attributable to the Subscriber (specified in Section 11 above) shall not affect the validity of the obligation to pay the remuneration specified in the Agreement and shall not constitute grounds for any damages claims by the Subscriber.
The Registrar does not guarantee registration of the Domain in the Registry. Reasons for failure to register the Domain in the Registry for which the Registrar shall not be liable include, in particular:
1. lack of availability of the Domain at the time the registration request is submitted to the Registry, including prior registration thereof by a third party;
2. refusal by the Registry to register the Domain for reasons arising from applicable laws, Registry regulations, or registration rules applicable to the relevant top-level domain (TLD);
3. failures of ICT systems of the Registry, the Registrar, or third parties, including technical interruptions, data transmission errors, or technical limitations beyond the Registrar’s control;
4. force majeure events, including in particular failures of telecommunications infrastructure, power outages, actions of public administration authorities, natural disasters, or other events that the Registrar could not prevent;
5. introduction by the Registry of temporary or permanent restrictions on Domain registrations, including quantitative limits or additional verification requirements.
6. The Subscriber who is a consumer acknowledges that by commissioning the Registrar to provide the Registration Service and/or the related Domain Maintenance Functionality, the Subscriber enters into an agreement for the provision of a non-prefabricated service, made according to the consumer’s specifications or intended to meet the consumer’s individualized needs. Pursuant to Article 38(3) of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended), such service is prepared according to the Subscriber’s individual specifications and is treated as a “special order”; therefore, there is no right to withdraw from the agreement in this respect. The above shall apply accordingly to Subscribers who are not consumers.

§ 5 - Domain Maintenance Functionality

The Domain Maintenance Functionality in the Registry covers a period of 1 (one) year, unless otherwise specified in the Business Panel.
The Subscriber may use the Domain Maintenance Functionality without ordering the Registration Service if the Subscriber already has a registered Domain and intends to transfer it in accordance with § 7 (“Domain Transfer from Another Registrar”).
The Domain Maintenance Functionality may not be performed for reasons attributable to the Subscriber, in particular in the event of:
1. outdated, incomplete, or false Subscriber data;
2. a negative result of the verification of the Subscriber’s data required by the Registry, the Registrar, or a Partner;
3. restrictions, suspensions, or blocks imposed on the Domain by the Registry or the current registrar of the Domain, including administrative or technical locks (e.g., Registry Lock);
4. violation by the Subscriber of the regulations of the Registry, the Registrar, or a Partner, generally applicable laws, or accepted standards of conduct with respect to the Domain.
The Domain Maintenance Functionality in the Registry may be limited, suspended, or terminated, in particular in the cases indicated in Section 3 above, as well as in the event of expiration of the Domain validity period if such period has not been renewed in due time.
Restriction of the Domain Maintenance Functionality in the Registry may consist in particular of:
1. temporary or permanent blocking of the Domain;
2. restriction of the ability to perform administrative actions concerning the Domain;
3. blocking of the Business Panel together with all Domains assigned thereto.
The Registrar shall not be liable for any limitation, suspension, or termination of the Domain Maintenance Functionality in the Registry resulting from decisions of the Registry, authorized authorities, or reasons attributable to the Subscriber.

§ 6 - Domain Transfer to Another Registrar

At any time during the term of the Agreement, the Subscriber shall be entitled to submit an instruction to transfer the Domain to another registrar, unless otherwise resulting from the restrictions referred to in § 5 Sections 3–5. Restrictions on Domain Transfer may also arise from the regulations, policies, and procedures of the Partners (sample restrictions: i-host.pl/pomoc/domeny-i-dns/transfer-domen-do-i-host-najwazniejsze-informacje).
The Subscriber undertakes to cooperate with the Registrar during the transfer of the Domain to another registrar, in particular by paying fees and undertaking actions required under the regulations, policies, and procedures of other registrars in order to complete the transfer within the period indicated by the Registrar.
Submission of a transfer instruction during the term of the Domain Registration Service shall not constitute grounds for reducing the Registrar’s remuneration for the Registration Service and shall not constitute grounds for damages claims by the Subscriber. The registrar to which the Subscriber transfers the Domain name shall determine the fees payable to such registrar.
In the event the Subscriber fails to complete the Domain Transfer procedure to another registrar, it shall be necessary to recommence the procedure referred to in Section 2 above.
The Registrar shall not be liable for the actions or omissions of the new registrar, including the duration, effectiveness, or conditions of the Domain transfer after its initiation.

§ 7 - Domain Transfer from Another Registrar

In order to use the Domain Maintenance Functionality for a Domain previously registered or maintained by another registrar, it is necessary to transfer the Domain to the Registrar.
Transfer of a Domain to the Registrar may be subject to the restrictions referred to in § 5 Sections 3–5, as well as restrictions resulting from the regulations, policies, and procedures of the Registry, other registrars, or Partners.
The Subscriber shall request initiation of the Domain Transfer procedure from the current registrar under the terms specified in the agreement with such registrar. The Subscriber undertakes to cooperate with the Registrar during the transfer of the Domain from another registrar, in particular by timely:
1. payment of the required fees;
2. performance of actions required by the Registrar and arising from the regulations, policies, and procedures of the Registry, other registrars, or Partners, including granting all consents required to carry out the Domain Transfer.
By requesting transfer of the Domain to the Registrar, the Subscriber:
1. declares that it is the sole entity entitled to the Domain,
2. guarantees that the transfer of the Domain to the Registrar does not infringe any third-party rights.
In order to complete the transfer of the Domain to the Registrar, the Subscriber shall, in particular, be obliged to:
1. provide accurate, complete, and correct data specified in § 4 Section 4 of the Terms and Conditions and grant the required consents for publication thereof,
2. provide the Registrar with the authinfo code obtained from the current registrar,
3. successfully complete the data verification process pursuant to § 8 below,
4. confirm the transfer process by using the link sent to the Subscriber’s e-mail address by the Registry within the period specified in the message containing the link or in another manner compliant with the regulations, policies, and procedures of the relevant Registry.
If the transfer referred to in this Section is initiated by the Subscriber less than 30 days before the expiration date of the Domain registration, the successful transfer of the Domain name shall depend on the procedures of the current registrar and the Registry, which the Subscriber should verify before initiating the transfer to the Registrar. The Registrar shall not be liable for any consequences of the expiration of rights to the Domain resulting from the transfer not being completed successfully.
In the event of a negative result of the verification procedure regarding the data provided by the Subscriber, in particular in the event of inconsistency between such data and the data previously disclosed in the Registry, the Registrar shall be entitled to refuse to perform the Domain Transfer for reasons attributable to the Subscriber.

§ 8 - Subscriber Data and Verification

The Subscriber declares that the data provided by the Subscriber in connection with the performance of the Agreement may be disclosed (published) in the Registry and in public databases, in particular in the WHOIS database maintained by the Internet Corporation for Assigned Names and Numbers, in accordance with the Registry regulations, applicable laws, and the rules applicable to the relevant top-level domain (TLD). The scope of disclosed data may include, in particular:
1. the Domain name;
2. the date of its registration;
3. the Subscriber’s first and last name or business name (company name);
4. the Subscriber’s e-mail address and telephone number.
The Subscriber undertakes to immediately inform the Registrar of any change to the Subscriber data specified above for the purpose of updating such data in the Registry, no later than within 3 business days from the occurrence of such change, via the Business Panel.
The Subscriber acknowledges that updating the Subscriber’s data in the Registry may require payment of fees required by the Registry. In such case, the Registrar shall inform the Subscriber of the necessity to pay such fees and their amount.
The Registrar shall be entitled to verify the Subscriber’s data at any time in the manner described in this Section. For this purpose, the Registrar maintains a database containing the data specified in Section 1 above.
The Registrar may conduct verification in the following manner:
1. by sending a verification e-mail to the e-mail address indicated by the Subscriber,
2. by contacting the Subscriber by telephone at the telephone number indicated by the Subscriber,
3. in another manner resulting from the regulations of the Partners or the Registry.
The Subscriber acknowledges that a negative result of the verification procedure conducted by the Registrar:
1. may constitute grounds for suspension, in whole or in part, of the provision of the Service and for requesting the Subscriber to supplement or provide correct data within 7 days;
2. may result in suspension, in whole or in part, of the provision of the Service, prevention of the Domain Transfer, or, in exceptional circumstances, deletion of the Domain by the Registry. The Registrar shall promptly inform the Subscriber of the planned actions referred to above, granting the Subscriber an additional three-day period to successfully complete the Subscriber data verification procedure;
3. shall constitute improper performance of the Agreement by the Subscriber and shall not affect the validity of the obligation to pay the remuneration specified in the Agreement, nor shall it constitute grounds for damages claims by the Subscriber against the Registrar.
Irrespective of the above, the Registrar may use additional methods of verifying the Subscriber’s data, in particular in the event of:
1. receipt of information from authorized authorities or institutions, based on applicable laws, regarding inconsistency of the Subscriber’s data;
2. receipt from a third party of a report alleging infringement of law by the Subscriber;
3. receipt of a notification from the Registry concerning the Subscriber;
4. inability to effectively contact the Subscriber through the communication channels provided;
5. identification by the Registrar (including through automated measures) of potential irregularities concerning the Subscriber’s data.

§ 9 - Extension of the Registration Service Period

Extension of the Registration Service period may be initiated by the Subscriber via the Business Panel, in accordance with the information provided therein (including the payment methods resulting from the Agreement and specified in the WebWave Website Builder Terms and Conditions), or on the basis of the automatic extension of the Registration Service period referred to in Section 3 below.
Extension of the Registration Service period is possible only for successive one-year periods and only upon receipt of payment for the subsequent Registration Service period before the expiration of the previous Registration Service period.
Prior to the end of the Registration Service period, the Registrar shall:
1. no later than 7 days before its expiration, attempt to charge the Subscriber’s payment card specified in the Business Panel with the amount resulting from the Price List for the next year of the Registration Service (if the Subscriber has previously selected this payment method),
2. if the charge to the Subscriber’s payment card referred to in Section 3.1 above is unsuccessful, the Registrar shall send the Subscriber an invitation to extend the Registration Service period for an additional period of 1 year.
Extension of the Registration Service period for an additional period shall take place exclusively upon the Subscriber’s timely payment — prior to the expiration of the original Registration Service period — of the amount resulting from the Price List.
If the Registration Service period is not extended for an additional period for reasons attributable to the Subscriber, the Registrar shall not be liable for the consequences of failure to extend the Registration Service period, in particular in the form of:
1. deletion by the Registry of the Subscriber’s rights to the Domain;
2. the Domain becoming available and eligible for re-registration by a third party;
3. loss of the possibility to recover the Domain after expiration of the periods provided for in the Registry regulations.
The Subscriber acknowledges that any protection periods following the expiration of the Domain (including “grace” or “redemption” periods) and the conditions for recovering the Domain are determined exclusively by the relevant Registry or another registrar and may involve additional fees for which the Registrar shall not be liable.

§ 10 - Special Provisions Regarding Domain Assignment

Domain Assignment may be performed provided that the Domain Subscriber interested in such assignment has a user account in the Business Panel. Domain Assignment shall not be equivalent to connecting or disconnecting the Domain to or from a specific website. In order to connect or disconnect a Domain to or from a specific website, the Subscriber is required to have a Premium Plan for the service provided by the Registrar pursuant to the WebWave Website Builder Terms and Conditions.
The Registrar shall be entitled, at any stage of the Domain Assignment process, to verify the Subscriber’s data in accordance with § 8 of these Terms and Conditions.
The Subscriber shall cooperate with the Registrar and the other subscriber participating in the assignment in order to complete the assignment.
The amount of remuneration for the assignment service shall be specified in the Price List. The remuneration referred to in the preceding sentence shall be accepted by the Registrar using the payment methods resulting from the Agreement and specified in the WebWave Website Builder Terms and Conditions.