DENIC ENUM Domain Terms and Conditions
Please note:
The English translation of the DENIC ENUM Domain Terms and Conditions is provided for the convenience of our non-Germanspeaking
customers. Regardless of this, only the original German-language version is legally binding.
The following Terms and Conditions shall govern the
Domain Contract between DENIC eG (hereinafter:
DENIC) of Frankfurt am Main, Germany, and the Domain
Holder.
§ 1 Domain Registration and Administration
(1) The (future) Domain Holder shall submit the domain
application to DENIC through a DENIC member, once
said member is convinced that the (future) domain
holder is indeed the legitimate holder of the telephone
number corresponding to the domain. DENIC accepts
the application through the successful completion of
registration, provided the technical conditions are met
for ensuring the domain’s connectivity.
(2) The same DENIC member as registered the domain
shall administer it on behalf of the domain holder thereafter.
All communications which the Domain Holder, the
Administrative Contact, the Technical Contact or the
Zone Administrator send to DENIC on the basis of
these Terms and Conditions shall be channelled
through this same DENIC member. It shall also be
possible for communications from DENIC to the abovenamed
persons to be similarly channelled through said
DENIC member.
(3) It shall be possible for the domain holder to transfer
administration of the domain from one DENIC member
to another. Such a transfer shall be made by the Domain
Holder submitting an appropriate application to
DENIC through the DENIC member who is to administer
the domain thereafter, subject to the provisos that
this member is convinced that the domain holder is
indeed the legitimate holder of the telephone number
corresponding to the domain, that the corresponding
instruction has been issued and that the DENIC member
who has been administering the domain beforehand
has been informed of the transfer.
§ 2 DENIC’s Duties
(1) DENIC shall include the domain and its technical
data in the name servers for the .9.4.e164.arpa domain
(connectivity). This shall not be done if the technical
data is not suitable for connecting up the domain or if
the underlying technical configuration would lead to an
excessive load on the name servers. In this latter instance,
DENIC shall have the right to make modifications
to the technical data in order to ensure connectivity.
If the domain is not connected up, DENIC shall
also have the right to make the corresponding modifications
to the data concerning the Technical Contact and
the Zone Administrator.
(2) At no time does DENIC have any duty whatsoever
to verify whether or not the registration of the domain or
use thereof by the Domain Holder infringes the rights of
third parties. Nor, in particular, does DENIC have any
duty to check that the Domain Holder is indeed the
legitimate holder of the corresponding telephone number.
(3) Should there be any doubt as to whether the Domain
Holder is indeed the legitimate holder of the corresponding
telephone number, DENIC shall have the
right to remove the domain and its technical data from
the name servers for the .9.4.e164.arpa domain (disconnection)
and to bar its transfer to any third party until
such doubt is dispelled.
§ 3 Domain Holder’s Duties
(1) In submitting the application for registration of a
domain, and in submitting any request to have the administration
of the domain transferred to a different
DENIC member (§ 1(3)), as well as in applying for each
renewal (§ 7(1)), the Domain Holder gives an explicit
assurance that the data communicated is correct and
that they are entitled to register and/or use the domain
and, in particular, that they are the legitimate holder of
the corresponding telephone number and that registration
and/or use of the domain does not infringe the
rights of any third party nor break any general law. If the
Domain Holder is not domiciled in Germany, they shall
appoint an Administrative Contact, who must be domiciled
in Germany. This Administrative Contact shall also
be the Domain Holder’s authorized representative for
receiving the service of official or court documents for
the purposes of § 184 of the German Code of Civil
Procedure and § 132 of the German Code of Criminal
Procedure.
(2) It shall be the Domain Holder’s duty to ensure all the
necessary technical conditions for the domain’s connectivity
are permanently met.
(3) Immediately after registration, the Domain Holder is
required to verify the particulars published in DENIC’s
ENUM Whois query service at de/enum-whois/index.jsp> and to inform DENIC at once
of any necessary corrections as well as of any subsequent
changes in the data communicated to DENIC. In
doing so, the Domain Holder shall comply with DENIC’s
ENUM Domain Guidelines.
§ 4 Fees
The only charges levied by DENIC for the domain will
be on the DENIC member administering it.
§ 5 Liability
(1) DENIC shall only be liable for any damage caused
by it or by any of its vicarious agents through gross
negligence or with malice aforethought as well as for
any breach of substantial contract duties for which it is
to blame. In the event of a breach of substantial contract
duties through ordinary negligence, DENIC’s liability
shall be limited to the damage typically foreseeable,
as a rule, however, to a sum not exceeding one hundred
euros. These limitations shall not apply if any harm
has been caused to life and limb.
(2) DENIC members are not DENIC’s vicarious agents.
(3) The Domain Holder shall be liable for any damage
incurred by DENIC on account of incorrect registration
data.
(4) The Domain Holder shall relieve DENIC of any liability
resulting from claims filed by third parties and shall
compensate DENIC for any damage and costs that it
may suffer through third parties taking action against it
on the grounds that the Domain Holder is not the legitimate
holder of the corresponding telephone number or
that the registration of the domain for the Domain
Holder or its use by the Domain Holder infringes the
rights of third parties in some other way. In the same
way, the Domain Holder shall also compensate DENIC
or DENIC employees for any damage and costs they
may incur through criminal prosecutions on account of
the registration or the use of the domain.
§ 6 Transfer of the Domain
(1) The domain is transferable.
(2) DENIC will register the domain for a third party
nominated by the existing Domain Holder provided the
existing Domain Holder terminates the domain contract
and the third party submits a domain application.
DENIC shall have the right to refuse the third party’s
application if said third party is not the legitimate holder
of the telephone number corresponding to the domain.
§ 7 Duration of Contract, Renewal, Termination
(1) The domain contract is concluded for a period of
one year, after which it shall terminate automatically. If
administration of the domain is transferred to another
DENIC member (§ 1(3)), the period of one year shall
recommence. The Domain Holder shall have the right
to renew the contract for periods of one year at a time.
Each request for renewal must be submitted to DENIC
by the DENIC member administering the domain before
the end of the current contract period; before submitting
a renewal request, the DENIC member must be convinced
that the (future) Domain Holder is indeed the
legitimate holder of the telephone number corresponding
to the domain.
(2) DENIC shall have the right to terminate the contract
or to refuse its renewal, when it has substantial grounds
for so doing. These grounds shall include, in particular,
any case in which:
a) the Domain holder is not the legitimate holder of the
corresponding telephone number; or
b) the Domain Holder has persistently breached substantial
contract duties or has remained in breach
thereof despite receiving a formal warning accompanied
by a deadline for compliance; or
c) the data communicated by the Domain Holder to
DENIC is incorrect; or
d) it is impossible to establish the identity of the Domain
Holder from the particulars communicated; or
e) the Domain Holder not being domiciled in Germany,
the formal service of a document on the Administrative
Contact instigated by a third party fails at two consecutive
attempts, or if such service is deliberately thwarted
twice by changing the Administrative Contact; or
f) the Domain Holder, having abandoned their domicile
in Germany and having received a formal warning accompanied
by a deadline for compliance, fails to appoint
an Administrative Contract domiciled in Germany.
(3) Notwithstanding any further-reaching legal rights it
may have, it shall be permitted for DENIC, when it gives
notice of termination for the domain, to remove the
domain and its technical data from the name servers for
the .9.4.e164.arpa domain (disconnection) and to make
the corresponding modifications to the particulars for
the Technical Contact and the Zone Administrator.
§ 8 Data Protection Clause
The names, postal addresses, telephone numbers,
telefax numbers and e-mail addresses of the domain’s
Technical Contact and Zone Administrator are published
by DENIC in its Whois query service at
. Any particulars
about the Domain Holder and the Administrative
Contact will only be published if, and to the extent,
expressly desired by the Domain Holder.
§ 9 Applicable Law and Jurisdiction
The Domain Contract shall be governed by German
law. For all legal persons as well as for natural persons
having their domicile or habitual residence outside of
Germany, the courts with exclusive jurisdiction shall be
those of Frankfurt am Main. DENIC shall, however,
have the right to take legal action against the Domain
Holder before the courts having general jurisdiction for
them.