COM.DE Registry Policies

SLD WEBSITE
COM.DE https://com.de/
Table of Contents

SECTION 4.7 OF THESE POLICIES CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS. UNLESS REGISTRANTS AND APPLICANTS (EACH AS DEFINED BELOW) OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, REGISTRANTS AND APPLICANTS AGREE THAT ANY DISPUTES BETWEEN THEM AND REGISTRY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND REGISTRANTS AND APPLICANTS WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. (Such agreement is not applicable to Registrars.)

Section 1 – Introduction

These SLD Registry Policies and Terms and Conditions ("Policies") are established for the second-level domains listed above (“SLDs”) by 8 Inc. (“Registry”), the operator of the second-level domain registry for the SLDs. These Policies govern the registration, management, and use of domain names within the SLDs (“Names”). These Policies also apply to any other SLDs operated by Registry that may not be listed above, which are here incorporated in the definition of “SLDs” used herein. Despite the use of the defined term “Policies” these Policies also include certain terms and conditions that form an agreement between Registry and Registrants and Applicants (each as hereinafter defined).

These Policies are designed to provide clear guidance and protections for all stakeholders (“Stakeholders”) involved in the Name lifecycle, including (a) individuals or entities (“Persons”) registering, holding or renewing Names (“Registrants”), (b) Persons attempting or seeking to register Names (“Applicants”), (c) the domain name registrars providing names to Registrants ("Registrars") and (d) CentralNic, Ltd, the party contracted with Registry to provide technical registry services for the SLDs (“CNIC”).

The Policies apply to:

  • Applicants seeking to register or renew Names;
  • Registrants who hold registered names; and
  • Registrars authorized to facilitate Name registrations on behalf of Applicants and Registrants (but not with regard to Section 4).

By engaging with Registry’s registry services, whether through submitting an application, maintaining a registration, or providing registrar services, all such agree to abide by these Policies.

Registry reserves the right to update or refine these Policies. Any updates or amendments will be implemented with at least ninety (90) days prior notice to Registrars, unless immediate changes are necessitated by urgent circumstances such as legal compliance or security threats. Such modifications will also be published on the applicable SLD website. Stakeholders are encouraged to regularly review the latest version of these Policies, available at the SLD websites, as indicated below, to remain informed of their rights and responsibilities.

DNSSEC

Registry functions for the SLDs are supported by CNIC (www.centralnic.com). Information on its DNSSEC Practices are located at the CentralNic DPS, which is incorporated herein by reference.

Section 2 – Registration Policies

This section establishes the standards, requirements, and procedures governing the registration of Names within the SLDs. It outlines the process for Applicants to secure Names, the obligations of Registrants and Registrars, and the rights reserved by Registry to ensure the integrity, stability, and compliance of its operations.

2.1 Registration Process

Names within the SLDs may only be registered through Registrars contracted with Registry under a Registry-Registrar Agreement, or similar. Applicants must submit a complete and accurate request for a Name ("Application") through a Registrar, which will process the Application on a first-come, first-served basis for available Names, subject to these Policies and any applicable Registrar policies or procedures. A Name is considered registered ("Registration") once the Application is accepted by Registry, payment is confirmed, and the Name is allocated to the Registrant in the Registry’s systems.

2.2 Eligibility and Requirements

Unless otherwise specified for a particular SLD on its respective website (as listed above hereto), there are no specific eligibility restrictions for Applicants seeking to register Names. However, Applicants must provide all required information as stipulated by Registry, including accurate contact details and any additional data mandated by ICANN or these Policies. By submitting an Application, Applicants affirm their authority to request the Name and their intent to comply with all applicable laws and Registry Policies.

2.3 Technical and Syntax Standards

To ensure operational consistency, Names must meet the following technical and syntax criteria:

  • For ASCII Names: Consist solely of letters (A-Z, case insensitive), digits (0-9), and hyphens, with a minimum of 1 character and a maximum of 63 characters; must not begin or end with a hyphen; and must not contain consecutive hyphens unless in the third and fourth positions preceded by "xn--".
  • For Internationalized Domain Names (“IDNs”): Conform to language scripts supported by Registry.

Language scripts supported by Registry can be found at the CNIC website, located at the following URL: https://centralnicregistry.com/support/information/idn

Registry may impose additional technical requirements as needed, which will be published on the relevant SLD website.

2.4 Registration Term

Names may be registered for a term ranging from one (1) year to ten (10) years, beginning on the date Registry accepts the Application. The specific term must be indicated in the Application. Registrars are responsible for notifying Registrants of impending expiration dates, and Registry bears no obligation to provide such reminders directly to Registrants.

2.5 Representations and Warranties

By submitting an Application, Applicants represent and warrant that:

  • The Application is submitted with full authority and does not violate any applicable laws;
  • The Name, once registered, will not be used in a manner contrary to law or these Policies; and
  • All provided information is accurate, complete, and current, with an ongoing commitment to update it as necessary.

2.6 Registry’s Rights to Deny or Modify Registrations

Registry reserves the right, at its sole discretion, to deny an Application, or to revoke, suspend, cancel, transfer, or lock a Registration with or without prior notice under the following circumstances:

  • To safeguard the integrity and stability of Registry’s systems or the SLDs;
  • To comply with applicable laws, government regulations, law enforcement requests, or legally enforceable dispute resolution outcomes;
  • To prevent civil or criminal liability for Registry, its affiliates, or personnel;
  • To enforce compliance with these Policies or the Registry-Registrar Agreement;
  • If a Registrant fails to maintain accurate or up-to-date Whois data;
  • To address abusive use as defined in Section 4 (Acceptable Use and Anti-Abuse Policy);
  • To correct errors by Registry or a Registrar in processing a Registration;
  • During the resolution of a dispute involving the Name.

2.7 Availability and Allocation of Names

Names not previously reserved, restricted, or registered ("Available Names") are eligible for registration. Registry may designate certain Names as reserved, as outlined in Section 3 (Reserved Name Policy), and allocate them through methods such as auctions, premium sales, or other mechanisms in Registry’s sole discretion.

Applicants acknowledge that submitting an Application does not guarantee allocation of the requested Name.

2.8 Transfers

Registrants may transfer a Name to another Person eligible under these Policies, provided the transferee agrees to abide by all applicable terms. Transfers must be facilitated through a Registrar that offers the SLDs. Registry may reverse or deny a transfer if it violates these Policies.

2.9 Monitoring and Verification

Registry may periodically review Registrations to ensure ongoing compliance with these Policies. If Registry suspects inaccurate or outdated information, it may request clarification from the Registrant via the Registrar. Registrants must respond within fourteen (14) days to confirm or update details. Failure to respond or provide adequate information may result in suspension or cancellation of the Name.

2.10 Reserved Names

Registry may reserve Names in its sole discretion for any reason, including, without limitation, to facilitate the technical operation of the SLDs, to comply with contractual obligations, to maximize its economic interests or those of its Registar or other partners, and to address other strategic or regulatory considerations. Reserved Names are not available for registration through the standard first-come, first-served process outlined in Section 2.7 (Availability and Allocation of Names).

2.11 Additional Considerations

Applicants and Registrars acknowledge that fees associated with Applications, Registrations, or premium Name processes are distinct and non-refundable unless otherwise specified. Registry assumes no responsibility for errors in Applications (e.g., misspellings or payment issues) and may reject or cancel affected Registrations accordingly.

Section 3 – Acceptable Use and Anti-Abuse Policy

This section defines the acceptable use of Names within the SLDs and establishes measures to prevent and address abusive behavior. Registry is committed to maintaining a secure, stable, and lawful domain environment for all Stakeholders, and this policy outlines prohibited activities, enforcement mechanisms, and reporting procedures to achieve that goal.

3.1 Purpose and Commitment

Registry aims to ensure the SLDs operate reliably and ethically, benefiting Registry, Registrants, Registrars, and the broader Internet community. Abusive use of Names undermines this mission by creating security risks, stability issues, and harm to users. Accordingly, all Registrants and Registrars must adhere to this Acceptable Use and Anti-Abuse Policy ("AUP") when registering, managing, or using Names.

3.2 Prohibited Uses

Registrants agree not to use Names in any manner that constitutes an illegal, disruptive, malicious, or fraudulent action, including, without limitation, the following (“Abusive”) uses:

  • Illegal Activity: Engaging in or promoting activities that violate applicable laws, such as distributing malware, hacking, or illegally selling pharmaceuticals without proper authorization.
  • Intellectual Property Violations: Infringing on trademarks, copyrights, patents, or trade secrets, including cybersquatting or distributing counterfeit goods.
  • Fraud and Deception: Conducting phishing, pharming, or financial scams (e.g., Ponzi schemes, money laundering, or advance fee fraud) to mislead or harm users.
  • Spam: Sending unsolicited bulk messages via email, instant messaging, mobile platforms, or forums.
  • Malicious Software: Disseminating viruses, worms, trojans, keyloggers, or other harmful code designed to damage or infiltrate systems without consent.
  • DNS Manipulation: Hijacking or poisoning DNS traffic to redirect users to fraudulent or harmful destinations.
  • Botnets and Fast-Flux Hosting: Operating command-and-control systems or using techniques to obscure malicious activities behind rapidly changing IP addresses.
  • Child Exploitation / CSAM: Distributing or promoting Child Sexual Abuse Material (CSAM), including any content involving the abuse or exploitation of minors and AI-generated CSAM.
  • Violence: Engaging in incitement to violence against individuals or groups.
  • Cryptocurrency and Digital Asset Fraud: Operating or facilitating cryptocurrency scams, non-fungible token (NFT) rug-pulls, fraudulent token offerings, fake exchanges or wallets, "pig-butchering" investment schemes, or other digital asset frauds designed to misappropriate funds or digital property.
  • Synthetic and Non-Consensual Intimate Imagery: Creating, distributing, or hosting AI-generated non-consensual intimate imagery (including non-consensual "deepfake" pornography), or any synthetic media depicting identifiable individuals in sexual or intimate contexts without their consent.
  • Sanctions Evasion and Export Controls: Using Names to facilitate transactions or activities that violate economic sanctions administered by the U.S. Office of Foreign Assets Control (OFAC), the European Union, the United Kingdom, or other applicable authorities, or to evade export control laws.
  • Typosquatting and Deceptive Impersonation: Registering or using Names that exploit common misspellings of, or are confusingly similar to, government, financial, healthcare, or other established third-party domains, with intent to deceive users, harvest credentials, or divert traffic.
  • Unauthorized Regulated Activities: Operating unlicensed online pharmacies, unregistered securities offerings, unlicensed gambling or money transmission services, or other activities requiring governmental authorization in the relevant jurisdiction without such authorization.
  • Romance and Confidence Scams: Hosting or facilitating infrastructure used in romance scams, advance-fee fraud schemes, fraudulent dating or relationship platforms, or coordinated confidence schemes designed to defraud victims through manufactured personal relationships.

3.3 Registrant Obligations

By submitting an Application or maintaining a Registration, Registrants acknowledge, agree, represent and warrant:

  • To use Names solely for lawful and non-Abusive purposes consistent with these Policies; and
  • Not to permit or enable others to use Names in violation of this AUP

Registrants are solely responsible for content hosted under their Names. While Registry does not proactively monitor such content, it may investigate complaints or suspected violations as outlined below.

3.4 Detection

Registry may, but is under no obligation to, detect abusive behavior through:

  • Internal monitoring and analysis of Registration patterns or system activity;
  • Reports from Stakeholders, law enforcement, government agencies, or third parties; and
  • Other methods that comply with applicable law.

3.5 Reporting

To report suspected abuse, anyone may contact Registry via the abuse point of contact located at the relevant SLD website. Reports should include specific details of the alleged violation, such as the Name involved and evidence of abuse.

3.6 Enforcement Actions

Registry reserves the right, at its sole discretion, to take action against a Name or Registrant found to violate this AUP, including but not limited to:

  • Suspending, canceling, transferring, locking, or redirecting the Registration;
  • Denying future Applications from repeat offenders;
  • Reporting violations to law enforcement, regulatory bodies, or industry partners when required or deemed necessary; and/or
  • Disclosing Registrant data to authorities or affected parties if legally compelled or critical to resolving abuse.

Actions may be taken with or without prior notice. Any notice will be provided through the Registrar and not to the Registrant directly. Registry is not obligated to provide detailed explanations for its actions but may do so at its discretion.

3.7 Limitation of Liability

REGISTRY SHALL NOT BE LIABLE TO REGISTRANTS, REGISTRARS, OR THIRD PARTIES FOR ACTIONS TAKEN IN GOOD FAITH UNDER THIS AUP TO ADDRESS ABUSE OR ENSURE COMPLIANCE. THIS INCLUDES ANY INCIDENTAL IMPACTS RESULTING FROM SUSPENSION, CANCELLATION, OR TRANSFER OF A NAME.

Section 4 – General Terms and Conditions

This section establishes the legal terms governing the relationship between Registry and Registrants and Applicants (collectively, "Users") engaging with Registry’s services for the SLDs. These General Terms and Conditions ("Terms") apply exclusively to Users and do not bind Registrars, whose obligations to Registry are governed by separate Registry-Registrar Agreements. By submitting an Application or maintaining a Registration, Users agree to be bound by these Terms, in addition to the other sections of these Policies.

4.1 Agreement to Terms

Submitting an Application for a Name or maintaining a Registration constitutes acceptance of these Terms and the Policies as a legally binding agreement between Registry and the User. If a User does not agree to these Terms, they must not submit an Application or maintain a Registration. Users acknowledge that Registry provides its services through Registrars, and these Terms supplement (and do not replace or modify) any agreements Users may have with their chosen Registrar.

4.2 Intellectual Property

All systems, processes, trademarks, service marks, logos, and materials provided by Registry (collectively, "Registry Materials") are the property of Registry or its licensors, protected by applicable intellectual property laws. Users are granted a limited, non-exclusive, non-transferable license to use Registry Materials solely for the purpose of applying for and managing Names in accordance with these Policies. Users may not reproduce, modify, distribute, or use Registry Materials for any other purpose without Registry’s prior written consent.

4.3 Disclaimers

Registry provides its services on an "as-is" and "as-available" basis. To the fullest extent permitted by law, Registry disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Registry does not guarantee:

  • The uninterrupted, secure, or error-free operation of its services or the SLDs;
  • The accuracy or completeness of information provided through its services;
  • That a Name will be allocated upon Application or remain available for Registration;
  • The actions or performance of Registrars, over whom Registry has no direct control.

Users assume all risks associated with their use of Registry’s services, including reliance on third-party systems or Internet connectivity.

4.4 Limitation of Liability

4.4.1 To the fullest extent permitted by applicable law, Registry, its affiliates, officers, directors, employees, agents, and contractors shall not be liable to Users for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to the use of Registry's services, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, regardless of the legal or equitable theory on which such damages are sought and even if Registry has been advised of the possibility of such damages.

4.4.2 Registry's total cumulative liability to a User for any and all claims arising out of or related to these Policies or Registry's services, whether in contract, tort (including negligence), statute, or otherwise, shall not exceed the greater of (a) the aggregate fees earned and received by Registry (whether directly or through a Registrar) attributable to the Registrations of the User giving rise to the claim during the twelve (12) months preceding the event giving rise to liability, or (b) one hundred U.S. dollars (US$100).

4.4.3 Some jurisdictions do not allow the exclusion or limitation of certain damages or liability, and in such jurisdictions the foregoing exclusions and limitations shall apply to the maximum extent permitted by applicable law.

4.4.4 This Section 4.4 does not limit or exclude (i) Registry's obligation to pay arbitration filing, administrative, or arbitrator fees as required by Section 4.7 or by applicable law or arbitration provider rules; (ii) liability for fraud, fraudulent misrepresentation, or willful misconduct; (iii) liability that cannot be excluded or limited under applicable law; or (iv) the parties' respective obligations under Section 4.5 (Indemnification).

4.5 Indemnification

Users agree to indemnify, defend, and hold harmless Registry, its affiliates, officers, directors, employees, agents, and contractors from and against any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Their use or misuse of a Name or Registry’s services;
  • Any breach of these Policies, including representations and warranties under Section 2.5;
  • Any violation of applicable laws or third-party rights (e.g., intellectual property or privacy rights);
  • Disputes involving a Name, including those resolved under ICANN policies such as UDRP or URS (if applicable).

This indemnification obligation: (a) shall not apply to the extent the obligation arose from the gross negligence or willful misconduct of Registry and (b) survives the termination or expiration of a Registration or the User’s relationship with Registry.

4.6 Governing Law and Disputes

These Terms and the Policies shall be governed by and construed in accordance with the laws of the State of Nevada, United States, without regard to its conflict of law principles. Except to the extent covered under the Arbitration Agreement contained in Section 4.7, any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Clark County, Nevada. Users irrevocably submit to the jurisdiction and venue of such courts.

4.7 ARBITRATION & CLASS ACTION WAIVER

4.7.1 Definitions and Scope. As used in this Section 4.7 (this "Agreement to Arbitrate"): "User" or "you" means the registrant or other person bound by these Terms; "Registry" or "we" means 8 Inc. and its affiliates, officers, directors, employees, agents, predecessors, successors, and assigns; and "Dispute" means any and all disputes, claims, or controversies, whether based in contract, tort, statute, regulation, fraud, misrepresentation, or any other legal or equitable theory, that have arisen or may arise between you and us, whether or not such Dispute involves a third party, relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or arising out of or relating to this or any prior or subsequent version of these Terms, the registration, use, transfer, suspension, or deletion of any domain name, your use of or access to our registry services or any related services, or any data we collect or maintain about you or your domains. "Dispute" shall be construed as broadly as permitted by law; provided, however, that "Dispute" does not include (a) disputes subject to mandatory administrative proceedings under ICANN consensus policies (including the UDRP and URS) or any equivalent policies adopted by the Registry, which shall be resolved exclusively through such proceedings, or (b) either party's right to seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or to enforce confidentiality obligations.

4.7.2 Agreement to Arbitrate; Bilateral Arbitration Required. You and we each agree that, except as expressly set forth in Section 4.7.1, any Dispute shall be resolved exclusively through final and binding individual arbitration. Each Dispute shall proceed as a bilateral arbitration between a single User and Registry, conducted on an individualized basis. Nothing in this Agreement to Arbitrate authorizes class arbitration, mass arbitration as a unitary proceeding, representative arbitration, private attorney general arbitration, or the consolidation of claims of separate Users into a single proceeding except as expressly provided in Section 4.7.6 (Coordinated Filings).

4.7.3 Mandatory Pre-Arbitration Notice and Informal Dispute Resolution.

(a) Condition Precedent. As a condition precedent to initiating arbitration or any other proceeding against Registry, you must first comply with the informal dispute resolution procedures set forth in this Section 4.7.3. Compliance with these procedures is essential so that you and Registry have a meaningful opportunity to resolve Disputes informally without incurring the costs of arbitration.

(b) Individualized Notice of Dispute. You must deliver to Registry a written Notice of Dispute that contains, at a minimum: (i) your full legal name, current mailing address, telephone number, and the email address associated with your registrant account; (ii) the specific domain name(s) at issue; (iii) a clear description of the nature and factual basis of the Dispute, written in your own words and specific to your individual circumstances; (iv) the specific relief you seek, including any monetary amount; (v) your personal signature (electronic signatures acceptable); and (vi) if you are represented by counsel, the name and contact information of your counsel and counsel's signature. The Notice of Dispute must be delivered by email to legal[at]gen.xyz, with the subject line "Notice of Dispute," or by certified mail to Registry's registered agent on file with the Secretary of State of the State of Nevada. Form notices, mass-generated notices, and notices that do not contain individualized facts specific to your Dispute do not satisfy this requirement.

(c) Sixty-Day Negotiation Period. For sixty (60) calendar days following Registry's receipt of a complete Notice of Dispute, you and Registry shall engage in good-faith negotiations to resolve the Dispute. During this period, either party may request, and the other party shall participate in good faith in, a single telephonic or video informal settlement conference of reasonable duration, at which each party shall be represented by a person with authority to settle the Dispute.

(d) Tolling. All applicable statutes of limitation and contractual limitation periods shall be tolled from the date Registry receives a complete Notice of Dispute through the conclusion of the informal dispute resolution period.

(e) Enforcement. Compliance with this Section 4.7.3 is a condition precedent to the filing of any arbitration demand. The party initiating arbitration must include with the demand a written certification, signed personally by the User and by counsel (if any), confirming compliance with each requirement of this Section 4.7.3. If a court or arbitrator determines that an arbitration was filed without compliance with this Section 4.7.3, the court or arbitrator may, in addition to any other available remedy, enjoin the prosecution of the arbitration and stay any obligation of Registry to pay arbitration fees with respect to that demand pending compliance. A failure to comply with this Section 4.7.3 may be raised as a defense in any subsequent proceeding. The right to enforce this Section 4.7.3 is essential to the bargain reflected in these Terms and is not subject to waiver by the arbitrator.

4.7.4 Arbitration Provider and Rules.

(a) Primary Provider. Arbitrations under this Agreement to Arbitrate shall be administered by JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (or, where applicable based on the amount in controversy, the JAMS Streamlined Arbitration Rules and Procedures), and, where the threshold in Section 4.7.6 is met, the JAMS Mass Arbitration Procedures and Guidelines, each as in effect at the time the arbitration is commenced. The parties expressly adopt and incorporate the JAMS Mass Arbitration Procedures and Guidelines for purposes of any Coordinated Filing. The JAMS rules and a description of the arbitration process are available at www.jamsadr.com.

(b) Fallback Providers. If JAMS declines to administer the arbitration, is unavailable, or ceases to exist at the time arbitration is commenced, the parties shall instead arbitrate before the American Arbitration Association ("AAA") under its then-current Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules. The AAA's rules are available at www.adr.org. If neither JAMS nor AAA is available to administer the arbitration, the parties shall instead arbitrate before National Arbitration and Mediation ("NAM") under its then-current Comprehensive Dispute Resolution Rules and Procedures and, where applicable, its Mass Filing Supplemental Dispute Resolution Rules and Procedures. NAM's rules are available at www.namadr.com. If none of JAMS, AAA, or NAM is available, the parties shall mutually select a comparable, neutral arbitration provider; if they cannot agree within thirty (30) days, either party may petition a court of competent jurisdiction to appoint a substitute provider, and the unavailability of any particular provider shall not render this Agreement to Arbitrate unenforceable.

(c) Single Arbitrator. Each arbitration shall be heard by a single neutral arbitrator selected in accordance with the applicable provider's rules, which afford each party meaningful participation in arbitrator selection.

(d) Location, Format, and Fees. Hearings shall be conducted by videoconference unless the User and Registry agree otherwise or the arbitrator orders an in-person hearing for good cause, in which case the location shall be determined under the applicable provider's rules. Allocation of filing, administrative, and arbitrator fees shall be governed by the applicable provider's rules and any applicable consumer due-process protocols; provided that in no event shall fees exceed what would be required to render this Agreement to Arbitrate enforceable under applicable law.

(e) Small Claims Alternative. As an alternative to arbitration, either party may bring an individual claim within the jurisdictional limits of, and in accordance with the rules of, a small claims court of competent jurisdiction.

4.7.5 Claimant Verification Requirements. Each demand for arbitration filed with the applicable provider must include, in addition to any requirements of the provider's rules: (a) the User's full legal name and the registered email address and account identifier associated with each domain registration giving rise to the claim; (b) a description of the specific domain registration(s) and transactions on which the claim is based, with sufficient particularity to permit Registry to identify the User in its records; (c) documentary evidence reasonably establishing that the User is a party to these Terms (such as a registration confirmation, account screenshot, or registrar confirmation); (d) a sworn declaration, signed by the User personally under penalty of perjury, attesting that the User has read the demand, the factual allegations are true and correct to the best of the User's knowledge, the User personally authorized the filing of the demand, and the User has complied with Section 4.7.3; and (e) if the User is represented by counsel, a written certification by counsel, subject to standards equivalent to Federal Rule of Civil Procedure 11, that counsel has personally communicated with the User, verified the User's identity and the existence of an agreement to these Terms, and confirmed the factual basis for each claim asserted. Demands that do not satisfy this Section 4.7.5 are not properly filed, and Registry shall have no obligation to pay any filing, administrative, or arbitrator fee with respect to such demands until the deficiencies are cured.

4.7.6 Coordinated Filings (Batching Procedure).

(a) Trigger. This Section 4.7.6 applies whenever twenty-five (25) or more demands for arbitration that raise substantially similar claims against Registry are filed by, on behalf of, or with the assistance, coordination, or cooperation of the same counsel, group of counsel, or coordinated group of counsel within any sixty (60)-day period (a "Coordinated Filing"). Whether claims are "substantially similar" and whether counsel are "coordinated" shall be determined by the Process Administrator (or equivalent neutral) appointed under the applicable provider's rules.

(b) Batching Into Tranches. All demands within a Coordinated Filing shall be organized into sequential batches of no more than fifty (50) demands each (each a "Batch"). Batches shall be selected by random draw, with each side entitled to designate a small, equal number of demands within each Batch. Each Batch shall be administered separately, with claims within a Batch heard by a single arbitrator assigned to that Batch (different arbitrators may preside over different Batches). The arbitrator for each Batch shall decide each demand on its individual merits.

(c) No Precedential Effect. No award, ruling, or finding in any Batch shall have any preclusive, precedential, or binding effect on any User who is not a party to that Batch. Each User retains the full right to present their own evidence, arguments, and theories in their own proceeding.

(d) Tolling and Sequencing. Statutes of limitation shall be tolled for all Users in queued Batches from the date the Coordinated Filing trigger is met until thirty (30) days after the User's Batch concludes. Batches shall proceed in reasonable sequence, with subsequent Batches commencing not later than ninety (90) days after the prior Batch is fully concluded, subject to provider scheduling.

(e) Mediation After First Batches. Following the conclusion of the first two Batches, the parties shall participate in a global mediation administered by the applicable provider, lasting at least one full day, in a good-faith effort to resolve all remaining demands. If mediation does not resolve all remaining demands, Batches shall continue to proceed under this Section 4.7.6.

(f) Delay Opt-Out. If a User's demand has not been assigned to a Batch and commenced on the merits within twenty-four (24) months after the date the Coordinated Filing trigger is met, the User may, at the User's sole option exercised by written notice, (i) withdraw the arbitration demand and pursue the claim in a court of competent jurisdiction in accordance with Section 4.7.9 (with the statute of limitations remaining tolled until thirty (30) days after such withdrawal), or (ii) require that the User's individual demand proceed to arbitration without further batching delay.

(g) Mass-Arbitration Opt-Out. Within thirty (30) days after the Process Administrator determines that a Coordinated Filing exists and the User receives notice of that determination, the User may opt out of arbitration of the User's individual claim and instead pursue that claim in a court of competent jurisdiction in accordance with Section 4.7.9. To opt out, the User must provide written notice by email to legal[at]gen.xyz with the subject line "Coordinated Filing Opt-Out."

(h) Mutuality. The procedures in this Section 4.7.6 apply equally to claims by Registry against multiple Users, to the extent such circumstances arise.

4.7.7 Class, Representative, and Coordinated Action Waiver. You and we each agree that any Dispute may be brought only in the party's individual capacity, and not as a plaintiff or class member in any purported class action, collective action, mass action, mass arbitration as a unitary proceeding, consolidated action, or representative proceeding (including any proceeding brought in a private attorney general capacity or on behalf of a government official, agency, or other person). The arbitrator shall have no authority to consolidate the claims of more than one User, to preside over any form of class, collective, mass, or representative arbitration, or to award class, collective, mass, or representative relief, except solely as expressly provided in Section 4.7.6. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and we each waive the right to a trial by jury and the right to participate in a class action with respect to all Disputes.

4.7.8 Severability of Mass-Arbitration Provisions. If Section 4.7.6 (Coordinated Filings) is found by a court or arbitrator of competent jurisdiction to be unenforceable in whole or in part, that finding shall not invalidate the remainder of this Agreement to Arbitrate, including without limitation Section 4.7.2 (bilateral arbitration), Section 4.7.3 (informal dispute resolution), Section 4.7.4 (provider and rules), Section 4.7.5 (verification), and Section 4.7.7 (class waiver), each of which shall remain in full force and effect to the maximum extent permitted by law. If the prohibition on class actions in Section 4.7.7 is found to be unenforceable as to a particular Dispute, then that Dispute (and only that Dispute) shall be severed from this Agreement to Arbitrate and resolved in accordance with Section 4.7.9; the remainder of this Agreement to Arbitrate shall remain in full force and effect as to all other Disputes.

4.7.9 Court Proceedings; Governing Law. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Agreement to Arbitrate. Subject to the FAA, these Terms and any non-arbitrable Dispute shall be governed by the laws of the State of Nevada, without regard to its conflict-of-laws principles. The arbitrator shall decide all questions of arbitrability and the scope, applicability, formation, validity, and enforceability of this Agreement to Arbitrate, except that a court (and not an arbitrator) shall decide (i) whether a particular Dispute is subject to Section 4.7.1's exceptions and (ii) the enforceability of Section 4.7.7 (class waiver). If this Agreement to Arbitrate is found unenforceable as to a particular Dispute, if the Dispute is excluded from arbitration, if a User has timely opted out under Section 4.7.6(g) or 4.7.10, or if the User neither resides nor has a principal place of business in the United States and arbitration is not available, the Dispute shall be resolved exclusively by a state or federal court located in Clark County, Nevada, and you and we each consent to the personal jurisdiction of such courts and waive any objection based on inconvenient forum.

4.7.10 Right to Opt Out of Arbitration. You may opt out of this Agreement to Arbitrate. To opt out, you must provide written notice within thirty (30) days of the date you first became subject to this Agreement to Arbitrate (or, in the case of a material amendment to this Agreement to Arbitrate, within thirty (30) days of the effective date of that amendment, but only as to amended terms). Notice must be provided via email to legal[at]gen.xyz with the subject line "Arbitration Opt-Out" and must include your full legal name, registered email address, and, if applicable, the domain name(s) registered. A timely and valid opt-out is effective only with respect to the User submitting it and does not affect any other person.

4.7.11 Confidentiality. To the extent permitted by applicable law, the parties shall maintain the confidentiality of the existence and content of any arbitration proceeding under this Agreement to Arbitrate, including any award; provided, however, that nothing in this Section 4.7.11 shall prevent a party from (a) communicating with their counsel, accountants, insurers, or immediate family members; (b) participating in or responding to a government investigation or regulatory inquiry; (c) communicating with potential witnesses as reasonably necessary to prepare or present a claim or defense; (d) seeking judicial enforcement, vacatur, or confirmation of an arbitration award; or (e) making any disclosure required by law.

4.7.12 Survival; Amendments. This Agreement to Arbitrate shall survive the termination, expiration, or rescission of any domain registration or other relationship between you and Registry. Registry may amend this Agreement to Arbitrate from time to time by posting the amended terms on the Site for the relevant SLD. No amendment shall apply (i) to any Dispute as to which an arbitration demand or court proceeding has already been filed, or (ii) retroactively to any Dispute that has already accrued, unless you affirmatively assent to its retroactive application. Continued use of the registry services or maintenance of any domain registration following the effective date of an amendment of which you have received notice shall constitute acceptance of the amended terms as to Disputes accruing thereafter, subject to your right to opt out under Section 4.7.10.

4.8 Amendments

Registry may amend these Terms as part of broader Policy updates, as described in Section 1. Changes will be posted on the applicable SLD website with at least thirty (30) days’ notice before taking effect, unless immediate action is required for legal or security reasons. Continued submission of Applications or maintenance of Registrations after the effective date of amendments constitutes acceptance of the updated Terms.

4.9 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the extent necessary to make it enforceable while preserving its original intent. Notwithstanding the foregoing, severability of provisions in Section 4.7 shall be governed exclusively by Section 4.7.8.

4.10 No Waiver

Registry’s failure to enforce any provision of these Terms shall not constitute a waiver of such provision or any other right. Any waiver must be in writing and signed by an authorized representative of Registry to be effective.

4.11 Contact Information

Users may contact Registry with questions or concerns about these Terms via the contact details provided on the applicable SLD website (listed above hereto).

Section 5 – Privacy Policy

Last Updated: As of the version date in the footer of the cover page to these Polices.

Registry values the privacy of Registrants and Applicants (collectively, "Users") who engage with our registry services for the SLDs. This Privacy Policy explains how and why we collect, use, and disclose personal information provided to Registry in connection with Applications and Registrations. Personal information includes data such as names, addresses, telephone numbers, email addresses, and other details that could directly or indirectly identify an individual ("Personal Information").

Users are encouraged to review this Privacy Policy carefully. For questions or to exercise your rights as described herein, please contact us through any method indicated in the “Contact Us” page for the relevant SLD website.

5.1 Collection of Personal Information

User-Provided Information

Registry collects Personal Information from Users via Registrars when they submit Applications or maintain Registrations for Names in the SLDs. This includes information Users voluntarily provide, such as contact details required for registration.

Website Interaction

We may collect information when Users visit an SLD website (listed in the cover page hereto). Such use is covered by the Privacy Policy included on such website.

5.2 Domain Name Registration Data

Registration Data We Collect

Registry collects data from Registrars necessary to register and manage Names in the SLDs ("Registration Data"), as required by our agreements with ICANN. This data, which Registrars provide on behalf of Users, includes:

  • Domain Name
  • Nameservers
  • Registrant Name, Organization (if applicable), Address, Email, Phone Number, Fax (if applicable)
  • Administrative Contact Name, Organization (if applicable), Address, Email, Phone Number, Fax (if applicable)
  • Technical Contact Name, Organization (if applicable), Address, Email, Phone Number, Fax (if applicable)
  • Billing Contact Name, Organization (if applicable), Address, Email, Phone Number, Fax (if applicable)

Purpose of Processing

We use Registration Data to:

  • Facilitate the registration and functionality of Names;
  • Mitigate DNS abuse, including investigating violations of Section 3 (Acceptable Use and Anti-Abuse Policy);
  • Maintain an authoritative database for security, stability, and continuity of the SLDs;
  • Enhance our services and systems through aggregated, anonymized analysis.

Registry does not collect Registration Data directly from Users; it is provided by Registrars chosen by Users.

5.3 Data Controller Roles

Registry’s Role

Registry acts as an independent controller with Registrars for Registration Data, processing only what is necessary to operate the SLDs. Our responsibility is limited to this scope.

Registrars’ Role

Registrars are responsible for:

  • Collecting Registration Data from Users;
  • Providing notice of their own privacy policies and this Privacy Policy;
  • Offering Users means to exercise privacy rights (e.g., access, correction, deletion).

Users should direct privacy inquiries to their Registrar first, as Registry has no direct relationship with end-users. We are not liable for Registrars’ privacy practices.

5.4 General Privacy Conditions

Disclosure of Data

Registration Data, including Personal Information, may (but is not required to) be made publicly available via Whois services, except where restricted by law.

Third-Party Processing

Registry may engage third parties (e.g., CNIC) to process Registration Data on our behalf. These parties are required, via written agreements, to comply with this Privacy Policy and applicable data protection laws.

Data Escrow

Registry may, but is not required to, deposit Registration Data with a secure escrow provider to ensure continuity in case of a catastrophic event. This data may be transferred to another registry operator if needed.

5.5 Exceptions to Disclosure Limitations

Registry limits disclosure of Personal Information to the terms of this Privacy Policy, but may disclose it:

  • To fulfill a registration-related transaction or provide requested information;
  • To protect the vital interests of a User or another natural person, including in emergencies;
  • If applicable, as required by ICANN consensus policies or applicable law (including court orders, subpoenas, or other legally binding requests);
  • To enforce Section 3 (Acceptable Use and Anti-Abuse Policy), to protect the security, integrity, or stability of the SLDs or the Domain Name System, or to investigate suspected abuse;
  • To establish, exercise, or defend legal claims, including in litigation, arbitration, or regulatory proceedings involving Registry, its affiliates, or any User;
  • To comply with lawful requests from public authorities, including for purposes of national security or law enforcement, where Registry has a good-faith basis to believe disclosure is legally required.

5.6 Information Security and Retention

Security Measures

Registry employs physical, electronic, and procedural safeguards to protect Personal Information from unauthorized access, loss, or misuse. While we use industry-standard measures, no system is entirely secure, and we cannot guarantee absolute protection.

Retention Periods

  • Registration Data: Registration Data: Retained for the duration of the Registration and for up to six (6) years following expiration, transfer, or cancellation. This retention period reflects the applicable statutes of limitation for contract and tort claims under Nevada law and the survival period for indemnification obligations under Section 4.5, and is necessary to permit Registry to establish, exercise, or defend legal claims, comply with ICANN consensus policy obligations, and respond to law enforcement and regulatory inquiries. Registration Data may be erased earlier upon a verified User request under Section 5.7 (Data Subject Rights), subject to the exceptions stated therein.
  • Orphaned Contact Data: Personal Information not associated with an active or recently expired Registration is purged within ninety (90) days of becoming orphaned.
  • Abuse-Related Data: Data relating to suspected or confirmed violations of Section 3 (Acceptable Use and Anti-Abuse Policy) is retained for up to six (6) years following the conclusion of the relevant investigation or enforcement action. This retention period reflects the applicable statutes of limitation for fraud, computer-misuse, and intellectual property claims under U.S. and applicable foreign law, and is necessary to support cooperation with law enforcement, regulatory authorities, and affected third parties.
  • Operational Logs and Security Data: Access logs, authentication records, and security event data are retained for up to twenty-four (24) months for the purposes of security monitoring, incident response, and investigation of suspected abuse.
  • Legal Hold: Notwithstanding the foregoing, Registry may retain Personal Information for longer periods where required to comply with a legal obligation, court order, regulatory requirement, or pending or anticipated legal proceeding.

5.7 Data Subject Rights

The following data subject rights apply to the extent required under applicable law for the respective data subject.

Access and Rectification

Users may request confirmation of whether Registry processes their Personal Information and, if so, access details such as categories of data, recipients, and retention periods. To correct inaccurate data, Users should first contact their Registrar to update Registration Data, which will sync with Registry’s systems. If unable to do so, Users may contact Registry directly through the contact methods provided in the Contact Us page for the relevant SLD website, and we will rectify verified inaccuracies.

Erasure

Users may request erasure of their Personal Information if:

  • It is no longer needed for its original purpose;
  • They withdraw consent (where consent was the lawful basis for processing);
  • They object to processing without overriding legitimate grounds;
  • It was unlawfully processed; or
  • Erasure is legally required.

Registry will respond to verified erasure requests without undue delay and in any event within thirty (30) days of receipt, except that Registry may extend this period by up to sixty (60) additional days where necessary due to the complexity or volume of requests, in which case Registry will inform the User of the extension and the reasons within the initial thirty (30)-day period. Registry will not honor erasure requests until the User's identity has been reasonably verified through the contact methods provided in the Contact Us page for the relevant SLD website. Registry may decline to erase Personal Information where retention is necessary (a) to comply with a legal obligation; (b) to establish, exercise, or defend legal claims; (c) for archiving purposes in the public interest; (d) to maintain the integrity, security, or stability of the SLDs or the Domain Name System; or (e) where the data relates to a Name involved in a pending or recently concluded abuse investigation, dispute, or enforcement action.

Restriction of Processing

Users may request that Registry restrict the processing of their Personal Information where (a) the User contests the accuracy of the data, for a period enabling Registry to verify accuracy; (b) the processing is unlawful and the User opposes erasure; (c) Registry no longer needs the data but the User requires it for legal claims; or (d) the User has objected to processing pending verification of overriding legitimate grounds. Where processing is restricted, Registry will continue to store the data but will not otherwise process it except with the User's consent or for the establishment, exercise, or defense of legal claims.

Right to Object

Users may object at any time to Registry's processing of their Personal Information based on legitimate interests. Registry will cease such processing unless it demonstrates compelling legitimate grounds that override the User's interests, rights, and freedoms, or unless the processing is necessary for the establishment, exercise, or defense of legal claims. Users may also object to processing for direct marketing purposes at any time, in which case Registry will cease such processing.

Non-Discrimination

Registry will not deny services, charge different prices, or provide a different level or quality of service to a User solely because the User has exercised any right described in this Section 5.7, except where the difference is reasonably related to the value provided by the User's data or as otherwise permitted by applicable law.

Authorized Agents

A User may designate an authorized agent to submit requests under this Section 5.7 on the User's behalf. Registry may require (a) written authorization from the User; (b) verification of the agent's identity; and (c) direct verification of the User's identity and confirmation of the User's authorization, before acting on any request submitted by an authorized agent.

How to Exercise Rights

To exercise any right described in this Section 5.7, contact Registry through the contact methods provided in the Contact Us page for the relevant SLD website. Registry will not discriminate against Users for exercising any right under this Section 5.7. There is no fee for submitting a request, except that Registry may charge a reasonable fee or refuse to act on requests that are manifestly unfounded, excessive, or repetitive, in which case Registry will explain the basis for the fee or refusal.

Portability

If Registry ceases to operate an SLD, this data may be transferred to another registry operator to ensure DNS continuity.

EEA, Swiss, and UK Residents

For Users in the European Economic Area, Switzerland, and the United Kingdom, Registry transfers Personal Information to the United States in reliance on the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework (collectively, the "DPF"), as administered by the U.S. Department of Commerce. Registry's certification status and additional information are available at https://www.dataprivacyframework.gov/.

In the event that the DPF or any component thereof is invalidated, suspended, or otherwise becomes unavailable as a lawful basis for transfer, Registry will transfer Personal Information on the basis of (a) Standard Contractual Clauses approved by the European Commission, the UK Information Commissioner's Office, or the Swiss Federal Data Protection and Information Commissioner, as applicable; (b) binding corporate rules; (c) any other transfer mechanism recognized as adequate under applicable law; or (d) a derogation expressly permitted under Article 49 of the GDPR or its UK or Swiss equivalents. Registry will implement supplementary measures where necessary to ensure that transferred data receives an essentially equivalent level of protection to that provided in the originating jurisdiction.

Users may direct complaints relating to Registry's handling of Personal Information to Registry through the contact methods provided in the Contact Us page for the relevant SLD website. Unresolved complaints may be referred to BBB DPF Services (https://bbbprograms.org/programs/all-programs/dpf-consumers/) or to the relevant supervisory authority in the User's jurisdiction.

5.8 Changes to This Privacy Policy

Registry may update this Privacy Policy periodically. Updates will be posted on SLD websites (listed above hereto) with at least thirty (30) days’ notice, unless immediate changes are required. Continued use of Registry’s services after the effective date constitutes acceptance of the revised Privacy Policy.

5.9 Contact Us

For questions, concerns, or to exercise your rights, contact Registry directly through the contact methods provided in the Contact Us page for the relevant SLD website (listed above hereto).

For EEA residents, complaints may also be directed to:

Office of the Data Protection Commissioner
Canal House, Station Road
Portarlington, Co. Laois, R32 AP23
Ireland
Email: info@dataprotection.ie