Addendum Agreement for .DE

The following terms and conditions in conjunction with our Policy and Disclaimer located at http://www.fabulous.com/terms/doc/privacy.policy, governs your ("Registrant") use of the following .DE domain registration service provided to you by Fabulous.com ("Fabulous"). As used throughout this agreement, the term "we," "our" and "us" shall refer to Fabulous where applicable.

1. Registration Restrictions. You represent and warrant that you or your administrative contact has a German address, which cannot be a P.O. Box. You may not use the names of other top-level domains (e.g. .ARPA, .COM, .EDU, .GOV, .INT, .NET, .NATO, .MIL, .ORG and all country-related TLDs) or German automobile identification numbers as domain names.

If you do not provide an administrative contact ("Admin-C") with a German address, then you shall be subject to the local presence service terms and conditions, which are part of the registration guidelines for this ccTLD. You also agree to the following:

1. You hereby request and authorize Key-Systems to list an individual designated by Key-Systems as Admin-C for the requested DENIC domain(s). Neither Key-Systems nor the Admin-C are required to monitor the legality of the domain name use including, not limited to, contents and services offered;

 

2. You acknowledge and agree that Key-Systems and/or the Admin-C may, without any liability to you or any third-party, take such steps as in the opinion of Key-Systems and/or the Admin-C are necessary in order to (a) limit Key-System's and/or the designated Admin-C's liability related to, directly or indirectly, the DENIC domain(s); (b) comply with any laws, regulations or other legal requirements; and/or (c) address any letter, causes of action, suits, proceeding, complaints, cease and desist orders and demands of any kind or any other inquiry from DENIC or any other third party related to the DENIC domain(s). Such actions may include, but are not limited to, (a) disabling the website pending resolution of the conflict and/or redirecting the DENIC domains to a blank page or placeholder; (b) cancelling the registration of the DENIC domain name(s); (c) ceasing administration of the domain name and placing it in a transit state; (d) removing or replacing the Admin-C from or in the WHOIS record, (e) redirecting the DENIC domain(s) to an alternate IP address; (f) allowing the registration of the DENIC domain to lapse; (g) transferring the registration to an individual or entity which is awarded the registration through any court proceeding, arbitration, or by DENIC; (h) settling any and all third party, whether threatened or made, arising out of your use of the DENIC domain names; and/or (i) terminating the Local Presence Service. You undertake to respond in writing to requests by VeriSign and/or the Admin-C immediately within time limits set by Key-Systems and/or the Admin-C. Unless a different response deadline is requested in writing by Key-Systems and/or the Admin-C, and you agree to respond in writing to such requests within forty-eight (48) hours. Correspondence sent to you shall be regarded as delivered. Key-Systems or the Admin-C may, at its own discretion, request a security for its expenses which may occur in case a third party alleges that the use of the domain name is an infringement of laws. The amount of security will be determined at the Admin-C discretion in accordance with the Court Costs (GKG) and the Attorney's Remuneration Act (RVG). The security must be paid in cash or guaranteed by a major German bank or savings bank (Sparkasse) within the time limit set by Key-Systems and/or the Admin-C.

2. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT KEY-SYSTEMS AND THE ADMIN-C SHALL HAVE NO LIABILITY TO YOU, Fabulous, OR ANY THIRD-PARTY RELATED TO, DIRECTLY OR INDIRECTLY, THE LOCAL PRESENCE SERVICES AND/OR THE EXERCISE OF ANY OF THEIR RIGHTS UNDER THESE LOCAL PRESENCE SERVICES TERMS AND CONDITIONS. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF VERISIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, KEY-SYSTEM'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

3. Indemnification. You agree to release, defend, indemnify and hold harmless Key-Systems, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees and the individual designated as Admin-C for the DENIC domain(s), from and against any and all claims (including, but not limited to, claims of trademark infringement or cybersquatting), demands, liabilities, losses, damages or costs, including reasonable attorneys' fees, arising out of or related in any way to, the Local Presence Services, the DEMINC domain(s), and/or your use of the DEMIN domain(s).

4. Other Rules and Regulations. You agree to be bound by all rules, policies, and agreements which are available at http://www.denic.de/fehler-404.html.