Terms and Conditions for the provision of internet domain registration and maintenance services dated October 28, 2024.

 

§1 General provisions

 

  1. The provisions contained in these Terms and Conditions specify the detailed rules for the provision of Internet domain registration and maintenance services performed by MGHost Sp. z o.o., hereinafter referred to as the "Domain Regulations."

  2. MGHost Sp. z o.o., with its registered office in Lublin, address: ul. Kowalska 5/203, 20-115 Lublin, with NIP: 9462745331 REGON: 529719240 and KRS: 0001128847.

  3. MGHost Sp. z o.o. will hereinafter be referred to as the "Service Provider."

  4. The terms used in the Domain Regulations mean:

  5. Subscriber - means an entity that is to be granted the right, or is already entitled to use the Domain. The recipient of the Service from the Service Provider may be a Subscriber if they have entered into an agreement for the registration and maintenance of the Domain in their own name and for their own account,

  6. Rules - the rules for the registration and maintenance of Internet domains specified by Organizations and published on their websites, as well as provided to the Service Recipient upon request,

    • NASK domain regulations are available here,

    • EU domain regulations are available here,

    • Global domain regulations are available here.

  7. Organization - an entity authorized to administer and manage Domains, conducting the Registry.

  8. Registry - a register of Domains maintained within databases maintained by Organizations.

  9. Any other words, phrases, and acronyms appearing in these Domain Regulations and beginning with a capital letter shall be understood in accordance with their definition contained in the General Terms and Conditions for the provision of services by electronic means.

  10. The Domain Regulations are a specific regulation within the meaning of the general regulations.

  11. Provisions of the Agreement that differ from the provisions of the Domain Regulations shall have priority over the provisions of the Domain Regulations.

  12. The provisions of the Domain Regulations shall have priority over the provisions of the General Terms and Conditions for the provision of services by electronic means.

  13. None of the provisions of the Domain Regulations exclude or limit the rights of the Consumer resulting from the provisions of generally applicable law, as well as those specified in the general regulations. In the event of any doubts regarding the interpretation of individual provisions of the Domain Regulations, the principle specified in paragraph 5 shall apply.

 

§2 Domain registration request

 

  1. The Service Provider may act in cooperation with other entities to ensure the most favorable solutions for the Subscriber regarding the registration and maintenance of Internet domains, in particular with entities originally authorized to administer and manage domains, domain registries, partners of these entities, and other intermediaries.

  2. A Service Recipient who is not a Consumer may also take actions related to a Domain on behalf of another person (Subscriber). In such a case, they undertake to present and ensure identical conditions to such a Subscriber as those indicated in the Regulations, including the domain regulations, and to fulfill information obligations towards such a Subscriber. The Service Recipient undertakes to further oblige this Subscriber to comply with the terms of the Agreement and will bear responsibility for the way in which the Service is used by such a Subscriber, as for their own acts, unless otherwise provided by the provisions of generally applicable law.

  3. The Service Recipient declares that, as a result of the conclusion of the Agreement, they authorize the Service Provider to exclusively represent the Service Recipient or another Subscriber designated by the Service Recipient before the Organization responsible for a given Domain or an intermediary entity. The scope of authorization includes all activities related to the Domain subject to registration or the Domain Option, if they are in line with the Subscriber's will, and in particular:

    • changing the Domain Subscriber or Domain Option,

    • updating Subscriber data,

    • domain deletion,

    • establishing a Domain Option,

    • changing the delegation of the Domain,

    • issuing the Domain's AuthInfo code,

    • domain transfer,

    • domain renewal.

  4. The authority granted to the Service Provider includes the power to establish further authority, as well as the right to transfer data, including personal data provided by the Service Recipient or Subscriber, to the extent required by the Rules.

  5. Ordering a Domain registration requires a properly completed application for registration and maintenance of the domain by the Service Recipient or Subscriber.

  6. In the case of Polish domains (.pl), submitting an application results in the reservation of the Domain for a period of 14 days (if registration is possible), during which no other entity may register it. In the case of other domains, submitting an application does not result in a reservation of the Domain.

  7. The Domain will be registered promptly, in accordance with the Rules, after the Agreement is concluded.

  8. The Service Provider is authorized to refuse to register a Domain, resulting in the termination of the Agreement with immediate effect in the following cases:

    • registration of the same Domain is currently being carried out by a third party or the same Domain has already been registered,

    • incorrect syntax of the Domain provided in the Application,

    • incomplete and/or untrue Data provided in the Application,

    • changes made by the Service Recipient or Subscriber in the written Application, or failure to meet the deadline set by the Organization for its submission,

  9. The Service Provider undertakes to inform the Service Recipient who is a Consumer about the possibility of terminating the Agreement in the manner specified in point 8, and if the Consumer commits any breaches - to urge them to cease such breaches.

  10. In accordance with the Rules, in order to register certain Domains or to undertake other activities related to them, it may be necessary for the Service Provider to properly verify the Subscriber's data. For this purpose, the Service Provider will send a message with instructions on the verification procedure to the e-mail contact address indicated for the given Domain.

  11. The current Price List for domain fees is available on the Service Provider's website.

  12. In the cases specified in point 8, fees paid by Service Recipients who are not Consumers are not refundable, in whole or in part.

  13. The customer acknowledges that the services provided by the service provider under the agreement are services of careful action, not services of result.

  14. If the customer or subscriber does not specify the address to which the domain should point, the service provider's landing page informing about the registration of the domain may be displayed.

  15. The service provider reserves the right to impose an annual fee of PLN 100 net (the "Fee") on the subscriber for the maintenance of domains if the subscriber uses the service provider's website only for domain registration and/or SSL certificate services. If the customer also maintains other services with the service provider, the fee does not apply.


§3 Duration of the Agreement

 

  1. The Agreement is concluded for a specified period indicated in the Order form.

  2. The minimum duration of the Agreement is one year, unless the Terms provide for a longer period.

  3. The Service Recipient, if allowed by the Terms, may indicate a different period of validity of the Agreement, which is a multiple of the minimum duration of the Agreement.

  4. The Service, in successive settlement periods, may be provided only continuously. The basis for providing such a Service is a newly concluded Agreement for the next settlement period.

  5. Domains are renewed for the next period by the Organization according to the schedule stored in the system of that Organization.

  6. The payment deadline for the Service Recipient for the renewal of the Domain is one day before the last day on which, according to the Organization's schedule, it is possible to renew the Domain.

  7. In the event of the Service Recipient exceeding the payment deadline that allows for the extension of the validity period of the Domain for the next settlement period, which, however, did not result in the complete loss of the right to the Domain, the Service Provider will take action, at the request of the Service Recipient, to restore the full right to use the Domain by the Subscriber. In such a case, the Service Provider may charge the Service Recipient an additional fee for carrying out appropriate activities, in accordance with the Price List or established on the basis of individual agreements.

  8. The Service Provider is not responsible for the deregistration of the Domain or the Subscriber's loss of the right to the Domain due to the Service Recipient's failure to conclude the Agreement for the next settlement period or due to the Service Recipient's delay in payment, resulting in the loss of the possibility to extend the validity period of the Domain. The Service Provider also does not guarantee the full restoration of the Subscriber's right to use the Domain in the case described in point 7.

 

§4 Domain Transfer

 

  1. The transfer of administrative and technical management ("Transfer") of a Domain from the Service Provider to another entity or from another entity to the Service Provider is possible only if the appropriate Organization for the Domain does not exclude Domain Transfers.

  2. The transfer of a Domain managed by the Service Provider under the Agreement is possible only through the Service Provider, using the AuthInfo code generated by the Organization appropriate for the Domain, unless the Organization does not issue an AuthInfo code during the Domain Transfer procedure.

  3. A Domain Transfer also refers to any action taken by the Service Recipient towards the Organization appropriate for the Domain, which results in the Service Provider losing the ability to perform obligations towards the Service Recipient under the Agreement.

  4. Any attempts to transfer the Domain that are not in accordance with the provisions of paragraph 2 or that correspond to the content of paragraph 3 constitute a breach of the terms of the Agreement by the Service Recipient.

  5. The AuthInfo code is provided to the Subscriber within 7 business days from the date of receipt of a properly completed authorization application that meets all the formal requirements specified by the Rules (in written form or by sending the application from an authorized email address). If the Rules provide for a longer period for providing the AuthInfo code, the Service Provider will inform the Service Recipient of this after receiving the authorization application.

  6. In the case of a Domain Transfer to the Service Provider, the Subscriber is obligated to:

    • have full rights to the Domain,

    • meet the conditions set by the Organization appropriate for the Domain and perform all actions required by the Transfer procedure provided by that Organization,

    • have the AuthInfo code (if required),

    • provide additional documentation, perform actions, or meet additional requirements specified by the Organization appropriate for the Domain (which the Subscriber will be informed of by the Service Provider),

    • not infringe the rights of third parties or demonstrate their rights in relation to the Domain.

  7. Failure by the Subscriber to fulfill the obligations specified in paragraph 6 does not hold the Service Provider liable for the failure of the Domain Transfer, including the loss of the right to the Domain.

  8. The transfer of the Domain to the Service Provider is equivalent to the Service Recipient entering into an Agreement for the remaining validity period.

  9. In cases specified in the Price List or resulting from individual provisions of the Agreement, a Domain Transfer may be subject to an obligation to pay a fee to the Service Provider by the Service Recipient, which the Service Recipient will be informed of before the Domain Transfer is carried out.

 

§5 Domain option

 

  1. The Domain Option service involves the Service Provider undertaking activities related to obtaining an option for a Domain registered in the appropriate Registry and used by another entity.

  2. The Domain Option service is only available when the Organization foresees the possibility of reserving the Domain. The appropriate Rules specify in detail how the Domain Option is implemented for a given Domain.

  3. The Domain Option cannot be granted to a party on whose behalf the Domain has been registered in the Registry maintained by the Organization.

  4. In the event of the Domain becoming available (due to the resignation of the previous user or the removal of the Domain from the Registry), the Subscriber obtains the right of first registration of the Domain in the Registry (implementation of the Domain Option).

  5. The Domain Option Subscriber authorizes the Service Provider to carry out activities related to submitting the Domain Option to the appropriate Organization and agrees to pay the remuneration for the Domain Option. In the event of the Domain Option being implemented, the Subscriber also agrees to conclude a Domain registration and maintenance agreement with the Service Provider and to pay the remuneration for this service within the time limit specified for the Domain Option implementation.

  6. The Service Recipient acknowledges that the amount of remuneration for the registration and maintenance of the Domain at the time of the Domain Option implementation may differ from the remuneration at the time of submitting the Domain Option. The Service Provider undertakes to inform the Service Recipient of the current amount of remuneration for the registration and maintenance of the Domain immediately after the Service Recipient has obtained the right of first registration of the Domain in the Registry.

  7. In the event of the Service Recipient failing to pay the remuneration within the specified time limit, the right of first registration of the Domain expires, and the Service Provider is not responsible for the failure to register the Domain covered by the Domain Option due to the expiration of the deadline.

  8. As part of the Domain Option, the Service Provider undertakes to:

    • provide the appropriate Registry organization with the Subscriber's data and the Domain indicated by the Subscriber for the purpose of reserving the Domain after the Domain Option has been implemented,

    • conclude a Domain registration and maintenance agreement with the Service Recipient in the event of the implementation of the Domain Option.

  9. In the event of the implementation of the Domain Option, the Subscriber will be informed of the possibility of registering the Domain for which the Option was created.

  10. After the Subscriber has paid for the registration and registered the Domain resulting from the implementation of the Domain Option, the regulations regarding Domain registration resulting from the Application implementation shall apply to the legal relationship between the Service Provider and the Subscriber.

 

§6 Final provisions

 

  1. In matters related to the registration and maintenance of Domains and Domain Options, the Service Provider may contact the Subscriber using the email addresses provided by the Subscriber.

  2. By taking actions on behalf of the Subscriber under the Agreement, the Service Provider undertakes to comply with the Regulations.

  3. The Domain Regulations come into force on October 28, 2024.