The charitable Organization dotHIV gemeinnütziger e.V. (dotHIV) supports the purpose and mission of the charitable Top Level Domain .hiv run and owned by Uniregistry Corp (the Registry). Charitable Organizations have the possibility to register cost-free domains under the TLD “.hiv”. These terms and conditions determine the circumstances in which such a registration is possible, as well as the rules and obligations, which are applicable to the applicant.
§1Conditions to register free of charge
(1) The applicant may submit an application to dotHIV in order to register for their .hiv domain free of charge. The applicant is required to be a non-profit Organization, active in the field of awareness, prevention, and care or active in a comparable way in relation to HIV/AIDS. Business foundations and CSR offices with an annual budget of more than USD 10 Million shall be excluded.
(2) Such an application must include the following:
· The name of the non-profit Organization;
· A contact person to represent the organization during the application process;
· A brief description of the activities of the applicant, including how the applicant plans to use the domain.
(3) By means of application the applicant declares to have read and accepts the “Guidelines on the allocation of the .hiv non-profit domain”. Please note that by registering the domain, additional terms and conditions set by the Registrars and ICANN (Internet Corporation of Assigned Names and Numbers) could be applicable. Therefore, by means of application, the applicant declares to have read and accepted these.
§2 Course of Registration
(1) dotHIV has the sole discretion to decide about the course of application. Therefore, there cannot be any legal claims to a cost-free .hiv domain registration.
(2) Free registrations can only be granted at the partnering registrar Uniregistry.com.
(3) If dotHIV grants the application together with the Registry, the applicant will receive instructions how to set up an account at Uniregistry.com. Also, dotHIV has the right to execute the registration in support of the applicant and provide the contact person with the relevant information thereafter.
(4) The registration will be granted for three years initially.
(5) For technical reasons, the registrar needs to bill an administration fee of US$ 1 per year.
§ 3 Responsibilities of the applicant
(1) The applicant guarantees that all information provided to dotHIV during the course of the application is complete and correct. Any changes that may occur should be communicated to dotHIV promptly.
(2) The applicant is responsible for the content displayed on the domain. The applicant therefore guarantees that all content displayed on the domain is not contrary to the law, morals, the rights of third parties or the “Guidelines on the allocation of .hiv non-profit domain”.
(3) The use of the domain is exclusive to the applicant only. Use by third parties or selling to third parties is explicitly excluded.
§ 4 Breach of the responsibilities
(1) If the applicant breaches his obligations as foreseen in the terms and conditions, dotHIV will request the applicant to end this breach within a specified amount of time and also request the applicant not to repeat this again. Should the applicant not stop the breach in the given amount of time, then the administration and registration of the domain will no longer be free of charge, starting from that moment. This does not interfere with eligibility of the applicant to register and administrate the domain.
(2) Is the domain no longer free of charge in accordance with (1) of this paragraph, then a payment of the remaining duration of the registration time is due. The amount of payment is adjusted to the average price, which has to be paid according to the price of a .hiv domain in the open market for the same contract duration.
§ 5 Duration/ Termination
(1) The cost-free registration is granted for a period of 3 years and is not renewable automatically. Should the applicant initiate an application process at least 3 months prior to the end of the initial 3-year period, and should this be accepted according to § 1, the registration will be renewed for another 3 years.
(2) The applicant has the right to terminate the registration in written latest before 30th November of each year in order to end the registration by end of the calendar year.
§ 6 Exemption
(1) If third parties should assert any claims towards dotHIV or the Registry for the infringement of rights due to the use of the domain, the following shall apply:
(2) The applicant should promptly inform dotHIV of these claims in writing, together with all the information at the disposal of the applicant that is necessary prepare defense, as well as do that is appropriate and reasonable to support dotHIV.
(3) The applicant shall take over all extrajudicial and judicial costs in defense of such claims. These costs include the Attorney’s fee according to the law on Attorney Fees (RVG).
(4) The applicant shall indemnify dotHIV and/or the Registry of all damage claims and other costs that are connected with the alleged or established violation of property rights.
§ 7 Liabilities
(1) The parties are mutually liable under the general statutory provisions unless the following rules indicate otherwise. The following regulations apply to all damage claims, regardless of their legal reason, unless otherwise expressly agreed between the parties elsewhere.
(2) The parties are mutually liable, without limitation, for damages caused by intent and gross negligence by the parties themselves or their representatives. The parties shall also bear unlimited liability in mandatory cases provided by law.
(3) The parties bear unlimited liability for personal injuries (injury to life, body and health) regardless of whether the other party is to blame for the damage incurred.
(4) For slight negligence, the parties shall only be liable if the obligation violated is of special importance for the fulfillment of the purpose of the contract (cardinal duty). In these cases the liability is limited to typical and foreseeable damages. In addition, the liability for damages caused by simple negligence is excluded.
§ 8 Privacy Policies
(1) dotHIV collects uses and processes personal information for the purpose of cost-free domain registration in accordance with relevant data protection regulations.
(2) At the time of registration and when administering the domain names, personal information of the applicant shall be publicly accessible on the website of dotHIV and/or the Registry. The applicant agrees to the use of their names and logo for marketing purposes.
§ 9 Miscellaneous
(1) These terms and conditions govern all rights and obligations that exist between the Applicant and dotHIV with regards to the registration of a cost-free .hiv domain. Additional agreements between the parties are non-existent.
(2) All changes to the contract must be in writing. The same also applies to thus clause itself.
(3) In case of differences between the German and English versions of these terms and conditions or in other cases of doubt, the German version applies. German law applies exclusively. Jurisdiction is in Berlin.
(4) Should individual provisions of these terms and conditions or agreements made within these terms and conditions be or become invalid or unfeasible, the validity of the remaining provisions of the terms and conditions or agreement made within these terms and conditions shall not be affected. The invalid or unfeasible provisions will be replaced by other appropriate provisions, if legally possible, that are closest to the purpose of the contract. The same applies should a provision or agreement made within these terms and conditions contain an open loophole.