Additional domain name terms

Updated April 12, 2022

PLEASE READ THESE ADDITIONAL DOMAIN NAME TERMS CAREFULLY. By using the domain name services (the “Domain Name Services”) made available by Marcaria via its Website, you agree to the following provisions governing such use (the “Additional Domain Name Terms”).  The Additional Domain Name Terms are a binding legal contract entered into by you and Marcaria.  Both you and Marcaria may be referred to herein individually as a “Party”, and collectively as the “Parties”.  You may be referred to herein as “you”, the “User”, and “Client”.

  1. AGREEMENT TO BE BOUND BY POLICY DOCUMENTS. By using the Marcaria Domain Name Services made available by Marcaria via its Website, you warrant and agree that you shall adhere to any applicable third-party policy documents (the “Policy Documents”).
    1. The Policy Documents include, but are not limited to, the then-current versions of the following:
      • all applicable policies established by ICANN (the Internet Corporation for Assigned Names and Numbers); and
      • all applicable policies, terms and conditions, or other requirements established by the Registry overseeing the Domain Name extension under which you register.
    2. ​You further agree to the following:
      • to adhere to all applicable laws and regulations, including but not limited to those relating to the treatment of personal information, privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures;
      • to implement reasonable and appropriate security measures commensurate with your services;
      • you warrant that you possess any necessary authorization, charter, license and/or other related credential required for participation in the TLD in which your Domain Name is registered; and
      • terms below governing Domain Names with particular extensions shall not in any way limit or reduce your obligations to adhere to the provisions of this Section 1.
         
  2. REPRODUCED FOR YOUR CONVENIENCE. Some of the terms and links contained herein are reproductions of the terms contained in the Policy Documents and are reproduced here solely for your convenience.  You agree to examine the actual, then-current version of any Policy Document that applies to you and your Domain Names.  Should any conflict arise between the reproduction herein and the current version of the actual policy document, the current version of the actual policy document shall control.
     
  3. INCORPORATION BY REFERENCE. The terms of the Marcaria Terms of Use are hereby incorporated by reference herein.  In addition, the terms of the Marcaria Domain Name Services Agreement are hereby incorporated by reference herein, with references to Domain Name Services amended to Domain Transfer Services instead.  Should any conflict arise between the Marcaria Terms of Use, the Domain Name Services Agreement, and these Additional Domain Name Terms, these Additional Domain Name Terms shall control solely with respect to the matters covered herein.  With regard to any such conflict, in all other respects other documents shall prevail.  As incorporated herein, all references to “Agreement” within the Marcaria Terms of Use shall be interpreted to include these Additional Domain Name Terms.
     
  4. .AE DOMAIN NAMES. For Domain Names under the .ae (United Arab Emirates) extension, you shall comply with all .AEDA policies.  By agreeing to these Additional Domain Name Terms, you acknowledge and agree that Marcaria is acting as a go-between for the .AEDA, solely to the extent necessary to enable .AEDA to receive the benefits conferred to them under these Additional Domain Name Terms and the relevant policies.

    If you want to transfer a .ae Domain Name to a registrar other than Marcaria, we will assist you in accordance with the respective .AEDA Policies.                                                                                    
  5. AFNIC MANAGED DOMAIN EXTENSIONS. For domain extensions managed by AFNIC (.fr, .com.fr, .re, .wf, .tf, .pm, .yt), you understand and agree that the domain registration is governed by the naming policy established by that same entity.  In accordance with French law concerning data processing, data files, and individual liberties, the registrant has the right to access and modify all of his/her personal data by sending a request by email to the registrar. 
     
  6. .CA DOMAIN NAMES. Per the Canadian Internet Registration Authority (CIRA), only individuals who are Canadian residents or nationals, and entities that are duly registered in Canada may register .ca domain names.
    Notwithstanding the foregoing, a foreign national or entity may register a .ca domain name if they own a registered trademark in Canada, and the desired domain name consists of or includes the exact word component of that registered trademark.  (Marcaria offers Canadian trademark registration services on its Website in the section Trademarks > Canada).
    Therefore, domain name registrants who are not Canadian residents, nationals, or entities that request .ca domain names hereby warrant that they own a registered trademark in Canada and that the domain name registration is requested based on this trademark.
     
    Also, you must provide any additional information in the event that CIRA request it.
      
  7. .NZ DOMAIN NAMES. For domain extensions managed by The Domain Name Comission (.nz, .co.nz, .net.nz, .kiwi.nz, .maori.nz, .org.nz), whenever their terms of use are in conflict with Marcaria's Terms and conditions, the .NZ terms shall prevail. It is your responsability to ensure that you are in strict compliance with the .NZ terms. Marcaria shall have no liability arising from or related to your failure to adhere to the NZ terms.                                                                           
  8. .AR DOMAIN NAMES. The trustee service is mandatory for domain registration in Argentina, given the intricacies involved with the registration and management of this extension.
     
  9. HOSTMASTER.UA DOMAIN NAMES. For domain extensions managed by Hostmaster.ua the user must comply with all their policies:
  10. HKIRC DOMAIN NAMES. For domain extensions managed by HKIRC and Marcaria.com International, Inc. (.hk, .com.hk, .net.hk, .公司.hk, .公司.香港, .香港), you must comply with all HKIRC policies, including but not limited to:
  11. DK HOSTMASTER DOMAIN NAMES. For domain extensions managed by DK Hostmaster (located at Ørestads Boulevard 108, 11th floor DK-2300 Copenhagen S) and Marcaria.com LLC, you must comply with all DK Hostmaster policies, including but not limited to:
  12. NOMINET DOMAIN NAMES. For domain name extensions managed by NOMINET, (.uk, .co.uk .org.uk, .net.uk, .ltd.uk, .me.uk, .plc.uk), domain registration must comply with the terms and conditions instated by this entity.
     
  13. RED.ES DOMAIN NAMES. For domain name extensions managed by RED.ES the "User", shall comply with all the policies established by them, and agree with the following contract
     
  14. .SS DOMAIN NAMES. The National Communication Authority of Sudan (NSA), displays on its whois server the full personal information of the registrant, if you decide to register any .ss domain do so acknowledging that your data will be displayed in a public whois server.
     
  15. .EE DOMAIN NAMES.  For domain extensions managed by Eesti Interneti SA (Estonian Internet Foundation), you must comply with all Eesti Interneti SA policies, including but not limited to:
  16. ARNES DOMAIN NAMES. For domain extensions managed by ARNES (REGISTER.SI), you must comply with all ARNES policies, including but not limited to:
  17. OTHER DOMAIN NAMES. For domain extensions ending in .ORGANIC, .PHARMACY, .LTDA, and .PARIS, without in any way limiting any of your obligations within these Additional Domain Name Terms, you shall comply with all applicable laws, and the terms and conditions, policies, and all other requirements established by the managing entity.
     
  18. .MUSEUM DOMAIN. .MUSEUM Domain Names may not be registered with the sole intended purposes of resale.  Further, the intended use of the Domain Name must serve the interest of the world museum community.
     
  19. .SUCKS DOMAIN. For the .SUCKS Domain Name, you must comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures.

    If you collect and maintain sensitive health and financial data, you must implement reasonable and appropriate security measures commensurate with your services, as defined by applicable law. You represent that you possess any necessary authorization, charter, license and/or other related credential for participation in the TLD in which your name is registered.
     
  20. .MADRID DOMAIN. You shall comply with all applicable laws, and the terms and conditions, policies, and all other requirements established by the managing entity (Madrid Digital).
     
  21. .GAY DOMAIN. The use of .gay for anti-LGBTQ content or to malign or harm LGBTQ individuals or groups is strictly prohibited and can result in immediate server-hold. Prohibited behavior includes harassment, threats, and hate speech. For more details you can review the rights protections policy.

    The Registry of .gay donates 20% from each new domain registered to their partners, GLAAD and CenterLink.
     
  22. .ARCHI DOMAIN. For the .ARCHI Domain Names, you must be either an individual professional architect or architectural firm in the field of architectural engineering and must be a member of Union Internationale des Architectes (“UIA”), of its member section or of an allied member section as defined by the UIA.  All other registrants, not falling under the foregoing categories, must commit to abide by the following terms:
    • Not to use the .ARCHI Domain Name to confuse the public of your qualification and/or status as a professional architect;
    • Not to claim the title of architect or of architectural engineer and under this claim, to point the .ARCHI Domain Name to online content in relation with professional architectural engineering services;
    • Not to abuse, denigrate or detract the profession of architectural engineering and/or the status of architects;
    • Not to include comparative, defamatory or untrue statements on the .ARCHI Domain Name;
    • Not to defraud or attempt to defraud members of the public in any way;
    • Not to violate national and international architectural laws or regulations;
    • Not to use the .ARCHI Domain Name for the promotion, involvement in or  assisting in any illegal activity, nor for the promotion of business opportunities that are not permitted and directly or indirectly related to architecture;  and
    • Not to offer the sale of goods and/or tools and/or services related to architectural services and/or engineering without an appropriate license.

      After consultation with the Archi Policy Advisory Committee (‘APAC’) the registry governing .ARCHI Domain Names reserves the right to extend the .ARCHI eligibility criteria to national architects’ associations that are not currently members of a UIA Member Section, but are instead appointed by a UIA Member Section.  With the registration of a .ARCHI Domain Name, each registrant explicitly agrees to and acknowledges compliance with this .ARCHI Domain Name policy.
       
  23. UNIREGISTRY MANAGED DOMAIN NAMES (.COUNTRY, .SEXY, .TATTOO, .LINK, .GUITARS, .PICS, .GIFT, .PHOTO, .BLACKFRIDAY, .CHRISTMAS, .HIPHOP, .AUDIO, .JUEGOS, .CLICK, .HOSTING, .PROPERTY, .DIET, .HELP, .FLOWERS, .LOL, .GAME, .CAR, .CARS, .AUTO, .MOM).  Uniregistry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion:  to correct mistakes made by Uniregistry in connection with a domain name sale, or for the non-payment of fees to Uniregistry; and you will indemnify, defend and hold harmless Uniregistry and its subcontractors, and its and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to, such occurrences.

    Uniregistry registered domain names allocated during any Uniregistry sunrise period are non-transferrable for the first ten (10) years after registration.
     
  24. .APP, .CHANNEL, .PAGE, .DAY, .DEV, .HOW, .NEW, .SOY, and .みんな DOMAIN NAMES.  Please note that for these domain names the namespace is encrypted by default.  Therefore, the applicable Registry requests that HTTPS must be configured for these domains to ensure that they work correctly in browsers.  Information on how to configure HTTPS and the SSL certificates are available at Marcaria’s Domains Help Center.                                                             
  25. .FANS DOMAIN. You may not operate third level registries with more than 100 sub-domains, without receiving written permission of the Registry on the .FANS domain.
     
  26. .ZA, .AFRICA, .CAPETOWN, .DURBAN and .JOBURG DOMAIN NAMES. Users of the .ZA, .AFRICA, .CAPETOWN, .DURBAN and .JOBURG domains must comply with all ZA Central registry policies, including but not limited to, the ZACR registrant agreement and the registry registrar agreement.
     
  27. .TZ DOMAIN NAMES. The Registry reserves the right to cancel a Domain name application or Registration at any time without a refund.
     
  28. .BIBLE DOMAIN. All .BIBLE domain name registrants must abide by the terms of the .BIBLE Acceptable Use Policy
     
  29. .AI DOMAIN NAMES. All .AI domain registrants must abide by ICANN's Uniform Domain-Name Dispute-Resolution Policy (UDRP).
     
  30. .TRAVEL DOMAIN. All .TRAVEL domain registrants must be, or plan to be, a creator or provider of travel and tourism products, goods, services or content.
     
  31. .AU DOMAIN NAMES. Up to 2020, Marcaria’s registration services for the .au domain, consisted of “reserving” the domain, while the client fulfilled the registration requirements. Due to the new regulations implemented by AUDA on April 13th, 2021, this service is no longer available. As previously informed, foreign registrants that wish to hold a .com.au or .net.au domain license, need to register a trademark in Australia that matches their domain name. If you have questions regarding the registration of a trademark, please contact us.
     
  32. .TICKETS DOMAIN. The Registry reserve the right to perform a post registration Whois information verification and directly contact the Registrant asking for any further documentation it considers appropriate to verify this information. Failure to provide this documentation requested may result in the lock, suspension or cancellation of the domain name.

    The Registry also reserves the right to publish all domain name registrations on its website to serve as notice to third parties of potential infringing names for a period of time as determined by the Registry. In case the Registrant is a Company or legal person, the Company name may also be displayed.
     
  33. .US DOMAIN. Per US domain authorities, .US domain registrants must be either:  an individual who possesses United States citizenship or is a permanent resident of the United States of America (or any of its territories), or a United States entity or organization that is incorporated within one of the fifty U.S. states, the District of Columbia, or any of the United States territories.  If Client is not located in the United States, Client must have, and hereby warrants to have, a bona fide corporate presence in therein.  Client shall have to demonstrate the foregoing to US domain authorities request it.  Failure to do so could lead to domain name deletion.
     
  34. .BM DOMAIN NAMES. The trustee service gives the client a license to use the domain, the client has no rights (ownership) over the domain.
     
  35. .SRL DOMAIN. .SRL domain registrants hereby represent and warrant that they meet and shall continue to meet the .SRL Registrant Eligibility Policy Requirements for the registered domain name.  .SRL registrants further agree to the following:
    • Notify Marcaria promptly of any change in circumstances that causes you to be disqualified to meet the Eligibility Policy requirements;
    • Provide Marcaria prompt corrections and updates to your contact details throughout the term of the registration;
    • In the case that the registration is being made in the name of an organization or other entity, the person acting on behalf of such organization or entity is authorized to do so;
    • A violation of the Eligibility Policy shall give rights to the Registry Operator of the .SRL TLD as outlined in the Eligibility Policy;
    • Comply with the .SRL AUP (“Acceptable Use Policy”); and
    • Be subject to and abide by the PICDRP (“PIC Dispute Resolution Policy”) and the UDRP (“Uniform Domain-Name Dispute-Resolution”).
       
  36. .MD DOMAIN NAMES. The trustee service is set as default for domain registration in Moldova, this is necessary in order to operate with the official registry. If you don’t want to use the trustee service, please contact our support department before requesting the domain.  
     
  37. .SO DOMAIN NAMES. Registrants of .SO, .COM.SO, .NET.SO domains represent and warrant that they meet the nexus requirement of having a bona fide connection to Somalia.  The following have been found to satisfy the foregoing:
    • institutions and organizations in Somalia,
    • residents of Somalia, and
    • others who have a legitimate, clear and provable connection to Somalia.

      Please note that .SO domain authorities may suspend your domain name in case this requirement is not met
       
  38. DIRECTLY REGISTRABLE EXTENSIONS. Domain names with the following extensions may be registered or renewed directly by Marcaria.com International Inc., an accredited registrar:  
  39. OTHER TERMS.
    • Term. These Additional Domain Name Terms shall commence upon the date you first register a domain name, and shall remain in force so long as any domain name registered by you in connection with these Additional Domain Name Terms remains in effect.
    • No Liability. Client acknowledges and agrees that Marcaria will not be liable for any action of any third-party domain name registrar.
       
  40. INDEMNIFICATION.
    • Client agrees to indemnify Marcaria against any and all losses and liability (including, without limitation, legal expenses, court costs, and any third-party claims) of every kind or nature arising directly or indirectly from any breach by Client of its obligations arising under or in connection with these Additional Domain Name Terms.
    • For the avoidance of doubt, the indemnification obligations within this Section 26 are in addition to, and not in lieu of, any indemnification obligations from the Marcaria Terms of Use or any other document incorporated by reference.