REGISTRATION AGREEMENT
Preamble
THIS REGISTRATION AGREEMENT (hereinafter referred to as the “Agreement”) is made and entered into by and between you or the entity on whose behalf you act, as applicable (referred to herein, interchangeably, as “You”, “Registrant” or “Customer”), and OpusDNS GmbH, a German corporation with its principal place of business at Franz-Mayer-Str. 1, 93053 Regensburg, Germany (hereinafter referred to as the “OpusDNS”). The Customer and OpusDNS are either individually referred to as the “Party” or collectively referred to as the “Parties”.
RECITALS
WHEREAS, OpusDNS is an ICANN-accredited Domain Name registrar authorized to provide Domain Name registration services under various top-level domains (hereinafter referred to as the “TLD(s)”), acting as an intermediary between the Customer and the respective Registry by facilitating Domain Name registrations as well as related hosting and online services (hereinafter referred to as the “Domain Services”).
WHEREAS, the Customer wishes to register, maintain, and manage one or more Domain Names through OpusDNS.
NOW, THEREFORE, by submitting a request to register, renew, or transfer a domain name, or by using any domain-related services of OpusDNS, the Customer agrees to be legally bound by this Agreement, including all incorporated terms and conditions, which govern the rights and obligations associated with the Domain Name registration services provided by OpusDNS.
1. Definitions
All capitalized terms shall have the meaning set forth below or as defined elsewhere in this Agreement. For terms not defined herein, the definitions of the Terms and Conditions of OpusDNS in their respective valid versions shall apply.
1.1 “Agreement” is defined in the Preamble and means this Registration Agreement, including any attachments and incorporated documents.
1.2 “Change of Registrant” means any material change to the Registrant’s name, organization, or email address, including changes to the administrative contact email if the Registrant email is not available.
1.3 “Customer”, “Registrant”, and “You” are defined in the Preamble.
1.4 “Designated Agent” means an individual or entity expressly authorized by the Customer to approve a Change of Registrant on the Customer’s behalf, or by the New Registrant to approve a Change of Registrant on the New Registrant’s behalf, as applicable (within the meaning of Section II.A.1.2 of the ICANN Transfer Policy).
1.5 “DNS” means Domain Name System, a hierarchical and decentralized naming system used to translate human-readable Domain Names into numerical IP addresses, which computers use to identify each other on the Internet, thereby enabling access to websites and other online resources.
1.6 “Domain Name” means a unique alphanumeric identifier registered in the DNS consisting of a second-level domain combined with a TLD, which is used to identify a resource, such as a website or email service, on the Internet. For the purposes of this Agreement, the term “Domain Name” includes any associated DNS records and settings under the control of the Customer or managed through OpusDNS.
1.7 “Domain Services” means all services provided by OpusDNS related to the registration, management, transfer, and deletion of Domain Names.
1.8 “gTLD(s)” means a generic top-level domain in the DNS.
1.9 “ICANN” means the Internet Corporation for Assigned Names and Numbers, responsible for the global management of TLDs.
1.10 “New Registrant” means the entity or person to whom the Customer proposes to transfer their Domain Name registration.
1.11 “OpusDNS” means OpusDNS GmbH, an ICANN-accredited domain registrar providing Domain Name registration and management services to business customers.
1.12 “Prior Registrant” means the individual or entity listed as the current Registrant of a registered Domain Name at the time a Change of Registrant is initiated. The Customer shall be deemed the Prior Registrant with respect to any Domain Name registered in their name under this Agreement.
1.13 “RAA” means the ICANN Registrar Accreditation Agreement - currently available at https://www.icann.org/en/contracted-parties/accredited-registrars/registrar-accreditation-agreement/registrar-accreditation-agreement-21-05-2009-en#3.
1.14 “Registration Agreement” refers to these Domain Name registration terms, which, in addition to the Terms and Conditions, govern the contractual relationship between OpusDNS and the Customer regarding the use of Domain Services.
1.15 “Registry” means the organization or entity responsible for administering, managing, and operating the authoritative database and technical infrastructure for a specific top-level domain (TLD). This includes maintaining the zone files, establishing and enforcing registration policies, ensuring compliance with ICANN requirements, and overseeing the allocation and management of Domain Names under that TLD. The Registry acts under contractual agreements with ICANN or other relevant authorities.
1.16 “Reseller” means a person or entity that participates in OpusDNS’s distribution channel for Domain Name registrations (a) pursuant to an agreement, arrangement or understanding with OpusDNS or (b) with OpusDNS’s actual knowledge, provides some or all of the Domain Services and offers these services to its own customers (either resellers or end-customers).
1.17 “TLD(s)” means a top-level domain in the DNS.
1.18 “T&C” means the general Terms and Conditions of OpusDNS GmbH, available at https://www.opusdns.com/legal/terms-conditions.
2. Scope and Relationship to the T&C
2.1 This Agreement supplements the T&C of OpusDNS and applies to all Customers who register or manage gTLDs via OpusDNS. They form part of every gTLD registration contract with OpusDNS.
2.2 By using the Domain Services, the Customer agrees to these terms and to be bound by this Agreement.
2.3 In the event of conflict between the T&C and this Agreement, the provisions of the T&C shall prevail for all domain-related matters.
3. ICANN Policies and Registry Conditions
3.1 The Customer acknowledges and agrees to all applicable ICANN policies and any future amendments applicable to the respective gTLDs as binding, including but not limited to:
An overview of these policies is available at: https://www.opusdns.de/services/registration agreement, and applies in its most recent version.
3.2 The Customer further agrees to comply with all applicable conditions and policies of the relevant Registry for the affected TLD(s) in their current version. The applicable conditions can be reviewed at https://www.opusdns.com/services-policies/tld-registration-conditions.
3.3 The Customer acknowledges that non-compliance with ICANN policies or Registry conditions and policies may result in the suspension, transfer, or deletion of the affected Domain Name.
3.4 Amendments to ICANN policies or Registry conditions and policies and conditions take effect automatically and immediately upon implementation by the respective authority. No separate notification by OpusDNS is required.
4. Domain Name Registration
4.1 The Customer acknowledges that Domain Name registration requests are generally processed by the relevant Registry on a 'first come, first served' basis. OpusDNS does not guarantee the successful allocation of the requested Domain Name(s). If the Domain Name cannot be allocated by the relevant Registry, OpusDNS is released from its performance obligation. In the event of multiple simultaneous requests for the same Domain Name from different customers, OpusDNS reserves the right to prioritize based on technical or internal criteria, at its own discretion, without any obligation to disclose these criteria.
4.2 The Customer acknowledges that the registration of Domain Names in multilingual scripts (Internationalized Domain Names – IDNs) or under newly introduced TLDs is subject to the policies and technical operations of the respective Registry. OpusDNS has no influence over such registrations and does not guarantee the availability, continuity, or functionality of such Domain Names. The respective Registry may modify, suspend, or discontinue the relevant services at any time without prior notice. Registration and use of such Domain Names is at the sole risk of the Customer. The Customer further acknowledges that such Domain Names may not function identically to standard Domain Names and that certain uses may require additional technical features or infrastructure.
5. Technical Requirements and Transfer Procedures
5.1 The Customer shall comply with all technical requirements of ICANN and of the respective Registry, including those relating to authorization codes, DNS settings, and transfer protocols.
5.2 Domain Name transfers are only permitted in accordance with ICANN policies and the respective Registry conditions.
5.3 OpusDNS reserves the right to suspend or delete Domain Names if technical or contractual requirements are not met.
6. Registration Data and Privacy
6.1 The Customer agrees to provide complete, correct, and up-to-date data required for Domain Name registration and to notify any changes immediately, without undue delay. This includes, in particular, the data of the domain owner (Registrant), the administrative contact, and the technical contacts.
6.2 The Customer consents to the processing and disclosure of their personal data for Domain Name registration purposes to the relevant Registry for the respective TLD, ICANN, authorized dispute resolution providers (e.g., for UDRP proceedings), and authorized legal entities or by court order, in accordance with OpusDNS Privacy Policy, available at: www.opusdns.com/privacy-policy.
6.4 The Customer has the right to access, correct, and delete their data, subject to applicable law (in particular the GDPR).
6.5 Failure to provide required data or providing incorrect information may result in suspension or deletion of the relevant Domain Name.
7. Fees, Payment, Term and Termination
7.1 The Customer agrees to pay all fees for Domain Name registration, renewal, and restore according to the current price list. For detailed information regarding pricing, pricing changes, and payment please refer to Section 6 of the Terms and Conditions (T&C).
7.2 Non-payment by the due date may lead to suspension or deletion of the Domain Name without further notice.
7.3 After a Domain Name is not renewed, OpusDNS is not obligated to offer any recovery or restore services. If restore is technically possible in accordance with applicable Registry policies, it may be offered by OpusDNS subject to prior confirmation. Restore, where possible, is subject to an additional restore fee, which is charged in addition to any renewal fees. The amount of the restore fee depends on the respective TLD and the applicable policies and charges of the relevant registry. For standard cases, the restore fee typically ranges between EUR 80,00 and EUR 250,00, though higher fees may apply depending on the specific TLD and registry requirements.
The applicable restore fee can be requested from OpusDNS or found in the current price list. No entitlement to restoration exists unless explicitly confirmed by OpusDNS.
7.4 This Agreement shall remain in effect for the duration of the Domain Name registration term selected by the Customer and will automatically renew upon Domain Name renewal, unless terminated in accordance with this Section.
7.5 OpusDNS may terminate this Agreement or suspend/delete Domain Services without notice upon breaches of ICANN, Registry, or contractual provisions.
7.6 OpusDNS may terminate this Agreement with 14 days’ notice if its ICANN accreditation or rights to certain TLDs are revoked.
7.7 The Customer may terminate this Agreement at the end of each registration period at any time. The right to immediate termination for cause remains unaffected.
8. Reseller and Third-Party Obligations
8.1 If the Customer acts as a Reseller of Domain Services to third parties, they must:
- pass on the terms of this Agreement as well as all applicable ICANN policies and Registry conditions and policies to their (end-) customer and include them in their contracts,
- ensure that their (end-) customer accepts the terms of this Agreement and OpusDNS' privacy policy,
- retain verifiable records of such acceptance for at least 24 months after domain deletion, and
- provide such records to OpusDNS or ICANN upon request.
8.2 If the Customer registers or manages Domain Names on behalf of third parties, the Customer confirms that they are authorized to do so and hereby irrevocably appoints both OpusDNS and, if applicable, their Reseller as Designated Agents, each acting individually, as the Registrant’s Designated Agent within the meaning of Section II.A.1.2 of the ICANN Transfer Policy. This authorization of the Designated Agent shall remain in effect for the entire term of the Domain Name registration and may only be revoked by terminating the Registration Agreement or by deleting or transferring the Domain Name. Any consent or action taken by a Designated Agent shall be deemed as given or performed by the Registrant itself.
8.3 Each authorized Designated Agent is empowered to carry out all necessary administrative actions related to the Domain Names on behalf of the Registrant, including but not limited to:
- Review, grant, or withhold any and all consents required to complete a Change of Registrant;
- Exercise the Registrant’s option to opt out of the 60-day inter-registrar transfer lock that would otherwise apply under Section II.C.2 of the Transfer Policy;
- Receive and retain for record-keeping copies of all notifications related to a Change of Registrant, provided that the Registrar will continue to send such notifications to the Registrant’s email address(es) as required by Section II.C.1.6 of the Transfer Policy;
- Carry out all other necessary administrative actions related to the Domain Name on behalf of the Registrant;
- Provide records of such actions to OpusDNS or ICANN upon request.
8.4 All opt-out elections related to the 60-day inter-registrar transfer lock, as well as all Change of Registrant notifications, shall be logged and retained by OpusDNS in accordance with Section 3.4 of the RAA. These logs serve as evidence for ICANN, the Registry, or other authorized entities and will be kept for a minimum period of 24 months.
8.5 The Customer acknowledges that:
- All actions taken by the authorized Designated Agents, Resellers or other authorized third parties on behalf of the Customer or Registrant are fully attributable to the Customer;
- The Customer is liable to OpusDNS for any breaches of these terms by their customers, resellers, or agents;
- The Customer must ensure that all their (end-) customers comply with all applicable laws, ICANN policies, and Registry conditions and policies, and that any personal data is handled in accordance with relevant privacy laws;
- The Customer shall retain verifiable records of authorization to manage Domain Names on behalf of third parties for a minimum period of 24 months following the termination or deletion of the Domain Name registration.
9. Change of Registrant
9.1 Any Change of Registrant must be approved by both the Prior Registrant and the New Registrant, with OpusDNS confirming consent before effecting changes.
9.2 A Change of Registrant request will not be processed, or will be denied by OpusDNS, if:
- The Domain Name registration has expired or been terminated and is no longer eligible for renewal or transfer;
- The request is not properly authorized by both the Prior Registrant and the New Registrant;
- A court order or ongoing legal dispute (e.g. UDRP proceeding or abuse complaint) prohibits the change; or
- The change results from dispute resolution proceedings and is to be implemented directly by OpusDNS or the Registry.
9.3 Once all approvals are received, OpusDNS will process the Change of Registrant within one (1) business day. Both parties will be notified once the change is complete.
9.4 After a Change of Registrant, a sixty-(60) day transfer lock is automatically applied, preventing transfers to another Registrar during this time. OpusDNS may offer an option to opt out of this lock before the change is finalized. To avoid the transfer lock when planning to move the Domain Name to a different Registrar, you should request the transfer before submitting a Change of Registrant.
9.5 By applying for a Domain Name transfer from another provider to OpusDNS, the Customer confirms they are authorized to dispose of the Domain Name. After completion of the transfer, the Domain Name owner is obligated to review the accuracy of the registration data and correct it if necessary. OpusDNS is entitled to reverse Domain Name transfers if the previous transfer occurred without authorization of the prior Registrant or if control over the Domain Name was unlawfully lost by the prior Registrant.
9.6 When requesting a transfer of a Domain Name to a third party, the Customer confirms that the third party has expressly agreed to the change of ownership, these Agreement’s terms, and the privacy policy of OpusDNS, and will provide documentation to that effect upon request. OpusDNS is entitled to cancel or refuse to execute a change of ownership if such consent is not documented.
10. Registrant Rights and Responsibilities
The Customer acknowledges that ICANN may from time to time publish websites outlining Registrant rights and responsibilities according to section 3.15 of the RAA, which are currently available at:
11. Disclaimer of Liability
11.1 OpusDNS does not guarantee the availability, allocation, legality, fitness for purpose, or continued operation of any Domain Name.
11.2 Domain Name registration is generally performed on a first-come, first-served basis, subject to registry discretion. Registrar is not liable if a Domain Name becomes unavailable or is withdrawn by the Registry.
11.3 OpusDNS does not review the legality of Domain Name registrations. The Customer bears full legal responsibility for rights clearance.
11.4 OpusDNS is liable only for intent and gross negligence; for slight negligence only in case of breach of essential contractual obligations (cardinal obligations).
12. Compliance, Suspension and Indemnification
12.1 The Customer shall comply with all applicable laws, regulations, and policies, including those relating to privacy, data protection, consumer protection, intellectual property, and those incorporated by reference from ICANN or the relevant Registry.
12.2 The Customer agrees not to use, or allow the use of, any Domain Name registered through OpusDNS for any unlawful, abusive, or deceptive purpose. This includes, without limitation, the distribution of malware, operation of botnets, phishing, piracy, trademark or copyright infringement, counterfeiting, impersonation, sending unsolicited bulk emails (spam), or any other illegal or harmful activity.
12.3 The Customer acknowledges that Domain Names may be suspended, canceled, or transferred as required to correct (registration) errors, resolve disputes, comply with applicable law, enforce ICANN or Registry rules or respond to court orders, legal notices or credible reports of abuse. The Customer further agrees that the registration of a Domain Name may be canceled at any time due to violation of applicable registry or Registrar policies. In particular, the Customer agrees to any cancellation, deletion or transfer of the Domain Name in accordance with conditions or registration policies of the respective Registry or due to actions of OpusDNS or the Registry, provided such actions are (1) to correct errors at registration or transfer, (2) to resolve disputes concerning the registered Domain Names, or (3) due to violations of registration policies, as long as these actions do not violate ICANN or Registry policies.
12.4 The Customer shall indemnify and hold harmless OpusDNS, its affiliates and subcontractors from all third-party claims, damages, and liabilities (including legal costs) arising out of Domain Name use, rights infringement or breach of this Agreement.
12.5 OpusDNS reserves the right to suspend or delete any Domain Names involved in such activities, in accordance with ICANN and Registry rules, or based on credible third-party reports, legal demands, or regulatory requests.
13. Amendments
13.1 OpusDNS reserves the right to amend this Agreement at any time. Material changes will be communicated via email or through the Dashboard. If the Customer does not object within 14 days of notification, the changes shall be deemed accepted.
13.2 Amendments and additions to this Agreement must be made in text form.
14. Dispute Resolution
14.1 Any dispute concerning a Domain Name registered via OpusDNS, including disputes arising out of this Agreement not covered by ICANN’s UDRP or URS, shall be resolved through good-faith negotiations between the Parties.
14.2 Failing amicable resolution, disputes may be submitted to mediation before a certified German mediation body. If mediation fails, the competent court under Section 14.2 shall have exclusive jurisdiction.
14.3 This clause does not limit OpusDNS’s right to seek injunctive or equitable relief for breaches of this Agreement or violations of law.
15. Force Majeure
15.1 Neither Party shall be liable for any failure or delay in the performance of its obligations under this Agreement (excluding payment obligations) if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, labor strikes, pandemics, government actions, internet service interruptions, or failures of third-party systems or providers (a “Force Majeure Event”).
15.2 The affected Party shall notify the other Party without undue delay of the occurrence of a Force Majeure Event and shall use reasonable efforts to mitigate its effects.
15.3 If a Force Majeure Event continues for more than thirty (30) calendar days, either Party may terminate the Agreement with immediate effect by written notice to the other Party.
16. Governing Law and Jurisdiction
16.1 This Agreement is governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
16.2 The place of performance and exclusive jurisdiction for all disputes arising from or in connection with this Agreement is the registered office of OpusDNS GmbH in Regensburg, provided the Customer is a merchant, a legal entity under public law, a special fund under public law, or does not have a general place of jurisdiction in Germany. Mandatory statutory places of jurisdiction shall remain unaffected by this provision. However, OpusDNS reserves the right to bring an action at the Customer's general place of jurisdiction. The same applies to the assertion of a right of retention.
17. Miscellaneous
17.1 If any provision of these GTC or of a contract based thereon is or becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions. In such cases, the Parties undertake to negotiate in good faith to replace the invalid or unenforceable provision with a valid one that most closely reflects the original economic intent. The same shall apply in the event of any unintended omission.
17.2 The general Terms and Conditions of OpusDNS, available at https://www.opusdns.com/terms-conditions or by post upon request and applicable ICANN and Registry policies and conditions apply in addition to this Agreement.
