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terms and conditions

Definitions

  • "bNamed", "Us" and "We" refer to bNamed, the registrar.

  • "You", "the user" and "the client" refer to the person making use of the bNamed website and services.

  • "Licensee" refers to the owner of the domain name registered with bNamed.


If the client and the licensee are not the same person, the client must ensure that the licensee has also read and agreed to these terms and conditions.


Introduction


bNamed reserves the right to alter these terms and conditions at any time. Changes which bNamed deems of importance to existing users will be communicated to our users via e-mail. If, as a result of such a change, you no longer agree with the terms of this Agreement, you agree that your exclusive remedy is to transfer your domain name registration services to another registrar or request of us that we cancel your domain name registration services.

You attest that you are of legal age to enter into this Agreement.

Right-to-Cancel Term

The consumer does not have the right to revoke a completed purchase. Because your domain name is "made to fit", you have no right to the legal revocation period of 7 days (as specified in Article 80, §4.2° of the Wet betreffende de handelspraktijken, dated July 14, 1991). This means that, once your domain name has been registered, you cannot reconsider your purchase. Between placement of your order and the moment that your domain name is registered, however, you can still cancel your purchase. New registrations, renewals and transfer requests are processed once your payment has been received.


Prices and Credits

bNamed reserves the right to alter the price of a domain name registration or any of its extra services without prior announcement. The applicable rate is the rate in effect at the moment you request your registration or renewal, provided bNamed receives your payment before the due date on the order form.

The registration period (both initial and extension) for a domain name registration is one full year, unless otherwise specified. Extra service(s) you purchase have the same renewal date as the domain name registration to which the service applies. If you add extra service(s) after the beginning of a registration period, you will be billed for the full registration period, provided more than two months are remaining.

A credit is expressed in euros. You can place a credit in your account by making a payment. This credit can then be used to register domain names. The cost of each registration will be deducted from your credit balance. A credit is not refundable. A domain name registered through bNamed remains your property provided you renew its registration at least 10 days prior to the renewal date. A domain name registration which is not renewed on time can be cancelled. In some cases, a domain name can be reactivated after the expiration date. There may be an extra fee for this service.

A renewal is not complete until your payment has been received. This means that not only your request for renewal, but also your payment, must be received at least 10 days prior to the renewal date. As a convenience to you, we will notify you via an e-mail message or via your account when your domain name needs to be extended (unless you explicitly indicated that a domain name would not need to be renewed). You also acknowledge that it is your responsibility to keep your own records and maintain your own reminders regarding when your domain name registration are set to expire. If you don't want to renew a service, make sure it is not set to "auto renew" before its actual renewal. We don't require explicit cancelation of services nor have requiments regarding a notice period.

In the event that a registration or renewal payment proves to be incomplete (because of a charge-back from your credit card company, for example) after the registration or renewal has been executed, you agree and acknowledge that the domain name registration shall be transferred to bNamed, without waiving your payment obligation. Immediately after the expiration of the term of domain name registration services (which means your domain name wasn't extended on time), you acknowledge that we may direct the domain name to an IP address, designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements and you acknowledge that we may either leave your WHOIS information intact or that we may change the contact information in the WHOIS output for the expired domain name.

After the reactivation period, you agree that we may either discontinue the domain name registration services at any time thereafter, that we may transfer the domain name registration services to a third party.  

Your Information

The client agrees to keep all contact information for his account current, reliable, complete and accurate, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available; name of authorized person for contact purposes in the case of an organization, association, or corporation. The client can update such information via our online system.
If the client fails to do so, or fails to respond for over fifteen (15) calendar days to inquiries by Registrar concerning the accuracy of contact details, then this shall constitute a material breach of the contract  and bNamed can choose to close his account and deactivate the associated domain name(s).
It is particularly important that your email address is correct; we will use it as our primary means of contacting you. Any Licensee that intends to license use of a domain name to a third party (actual licensee) is nonetheless the Licensee of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Licensee licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the current contact information provided by the actual licensee and the identity of the actual licensee to a party providing the Licensee reasonable evidence of actionable harm. You agree and consent that we will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, CoCCA, the registry administrator(s), and to other third parties as ICANN, CoCCA and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. 
The Licensee hereby appoints Us as Designated Agent authorised to approve a change of licensee or any update on the licensee information on its behalf and to take any action deemed needed in order to correctly and securely manage the domain names.

Reseller

If You (the Client) and the Licensee aren't the same, then you need to agree to and comply with these terms and conditions for resellers. The Client will here be referred to as the Reseller.
  • In the event we as a registrar are required (for example by a registry provider) to cooperate with outgoing transfers, then the Reseller is required to offer the same kind of cooperation towards the Licensee.
  • The Reseller is required to keep the full contact information for domain names under its management up-to-date and will carry out changes to contact details requested by the Licensee as soon as possible.
  • The Reseller may not display any "accreditation" logo's of registries or ICANN, unless it is actually directly accredited itself.
  • The Reseller must have an agreement with the Licensee which at least includes the "Additional Registry Requirements" from this agreement
  • If inquired about this, the Reseller will identify us as the sponsoring registrar.
  • The Reseller will make available a link to ICANN's webpage detailing educational information (http://www.icann.org/en/resources/registrars/registrant-rights/educational) and to the Registrants' Benefits and Responsibilities (http://www.icann.org/en/resources/registrars/raa/approved-with-specs-27jun13-en.htm#registrant)
  • The Reseller will state on its website the (maximum) fee it will charge for the recovery of a domain name during the Redemption Grace Period.

Warranties

bNamed is not liable for any damage, including direct or indirect damage, consequential damage and loss of profits, whether in contract, tort (including negligence), or otherwise, resulting from or related to the registration or use of a domain name or to the use of its software or web site or the use of one of our extra services, even if bNamed has been advised of the possibility of such damage, e.g. regarding :

  • registration or renewal (or the default of registration or renewal) of a domain name in favour of a licensee or a third party due to an error concerning their identity;

  • forwarding or storage of e-mails;
  • forwarding of a website or pointing to the IP-address of a computer;
  • termination of bNamed's authority to register domain names;
  • rights that third parties claim to domain names;
  • technical problems or faults;
  • acts or omissions of the registrars regarding the application, registration or renewal of domain names which may result in the non-registration or cancellation of a domain name.
bNamed will use its best efforts to provide its services according to the "best practices" standards adopted and approved in national or international context. We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and that such reasonable precautions include procedures for releasing account access information to parties who claim to have lost account access information.The client and the licensee agree to indemnify, defend and hold harmless bNamed and applicable registry administrator(s) (including but not limited to Verisign Inc., Neulevel, Inc., Public Interest Registry, Afilias Limited, CoCCA) and all such parties' directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees, lawyer expenses and other related expenses) arising out of, or related to, the services, including domain name registrations, which you are obtaining from bNamed.

bNamed makes no warranties or representations, express or implied, regarding the monitoring services Name Seizer and Name Seizer Light.  If the domain name becomes available and the Name Seizer (not Name Seizer Light) is activated for this domain name, we attempt to register it for you. It is impossible, even when a domain name is available, to guarantee that we will acquire registration rights for that name. These Terms and Conditions and any dealings between the Licensee, Client and the bNamed are subject to Belgian law. In the event of any dispute, disagreement or claim, the courts in Antwerp (Belgium) shall have exclusive jurisdiction Should you have any complaints about the services received from us, then you can contact us via info@bNamed.net detailing your issue. Please clearly state the product or service that you are experiencing an issue with and provide details of the nature of your complaint. A member of our team will aim to resolve your issue to your satisfaction. All complaints will be acknowledged within 1 business day, and we aim to resolve any issues within 10 working days.

Spam & phishing

We don't tolerate usage of our services for spamming, phishing, botnets, fast flux, illegal activities or any other usage that might harm the correct working of our services or services provided by or used by other internet users.

We may terminate or suspend the Service(s) at any time for such cause, including deactivation domain name(s) if this is deemed to be needed. No fee refund will be made when there is a suspension or termination of Service(s) for cause.  

Fair usage

Our extra services are provided under "fair usage policy". Meaning that there is no fixed limit on your usage. But if your usage is excessively (more than that of others that already have a large usage), than we will contact you to try to come to a solution.  

Privacy Policy

bNamed, responsible for the data processing, will undertake its best effort to ensure the protection of personal information through technical safeguards and appropriate security policy towards its employees.
When registering a domain name with a physical person as owner, we are required to request personal information. This information will only be used for purposes strictly connected to our services. The user can, free of charge and upon request, oppose the use of personal information for direct marketing. For this he will turn to bNamed, Zakstraat 44B, 2520 Ranst, info@bNamed.net.
It is possible that the obtained data is passed on to partners.  

Additional Registry Requirements

You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar or registry administrator procedures to correct mistakes by us, another registrar or the registry administrator in administering the domain name or for the resolution of disputes concerning the domain name. To the best of the Licensee's knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.

You agree to the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm You also agree with the Registrant Rights and Responsibilities, which are available at http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm

Depending on the extension under which you register your domain name, other rules may apply.If you register a domain name, you are bound to the rules for the extension of your domain name.
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