Terms and Conditions for the Registration and Management of Internet Domain Names on the HostedWindows.pl Platform

I. General provisions

1. The domain-name registration and management service available on the HostedWindows.pl platform is provided by dcs.pl Sp. z o.o., with its registered office at ul. Puławska 303, 02-785 Warsaw (hereinafter: DCS).
2. The scope of services provided by DCS and governed by these Terms and Conditions includes activities (managing the data supplied by the Subscriber and providing the systems that process those data) related to Domain Registration and its name, as well as activities involved in maintaining the Domain and its name in the relevant Registry run by national or international Domain-name Registry Organisations (Domain registration and management).

3. Whenever the following expressions are used in these Terms and Conditions or the other HostedWindows.pl regulations, they shall have the meanings set out below:

Subscriber – a business entity on whose behalf a duly authorised person places an Order under which the Parties will be obliged to perform the Agreement.

Price List – the currently applicable domain-name registration offer published at http://HostedWindows.pl/

Domain – a sequence of names in the Domain Name System (DNS) used on the Internet, consisting of labels located in a subtree of the DNS hierarchy.

Domain Registry Organisation (Organisation) – an entity authorised to administer and manage Domains and their associated names.

Terms and Conditions – this document, which sets out the conditions for providing the domain-name registration service on the HostedWindows.pl platform.

Registry – the register of Domains and domain names maintained in databases operated by Domain Registry Organisations.

Domain Registration – the entry, by a Registrar, of a Domain and its associated name together with the corresponding DNS server addresses in the zone file for that Domain held on the primary DNS server for the zone.

Registrar – DCS or another entity that registers a domain name and performs the related maintenance operations in the Registry.

Agreement – the agreement for the provision of the Domain Registration and management service to which these Terms and Conditions apply.

II. Domain name registration

1. The Agreement for the Domain Registration and management service is a subscription contract under which the Subscriber commissions DCS, for a fee, to register the Domain and the name indicated by the Subscriber with the competent Domain Registry Organisation and entrusts DCS with the administrative maintenance of the registered Domain towards the Registry Organisation, in the Subscriber’s name and on the Subscriber’s behalf.

2. The services provided by DCS under these Terms and Conditions in connection with Domain Registration and their names, as well as services related to maintaining those Domains in Registries, consist of diligent actions aimed at registering the Domain name for the Subscriber and managing it for the settlement period arising from the Agreement. The Subscriber acknowledges that DCS is not the entity responsible for operating the Registry.

3. With regard to “.pl” domain registrations, DCS shall not be liable for any actions of the Subscriber that are contrary to the domain-registration conditions laid down by the Research and Academic Computer Network (NASK).

4. With regard to global, generic, European and foreign domain registrations, DCS shall not be liable for any actions of the Subscriber that are contrary to the registration conditions laid down by the relevant Domain Registry Organisations.

5. Placing an order for a Domain constitutes the Contractor’s declaration that, on the date of concluding the Agreement for the Domain Registration and management service, the Contractor authorises DCS to represent the Contractor before the relevant Domain Registry Organisation and empowers DCS to conclude, on the Contractor’s behalf, a domain-registration agreement in accordance with the rules laid down by that Organisation, or authorises DCS to conclude an agreement with a local resident in the country where the Domain is to be registered if local representation is required. Unless agreed otherwise, the power of attorney granted to DCS is exclusive (i.e. only DCS may exercise the rights and obligations in respect of the specified Domain, unless the Registry Organisation’s rules require personal action by the Subscriber) and includes the power to grant further powers of attorney and to transfer the Subscriber’s personal data where required by the Registry Organisation.

6. The power of attorney covers all operations concerning the Domain registered for the Subscriber and operations concerning the Subscriber, i.e. changing the Domain’s Subscriber or their data, deleting the Domain, changing its delegation or renewing it if the Subscriber wishes to conclude an Agreement for a subsequent settlement period.

7. In providing the Domain Registration and management service, DCS shall comply with the Registrar’s rules on registering and maintaining the domain in the relevant Registry.

8. DCS may request the Contractor to supply additional documents relating to the data given in the Order or documents required by the Domain Registry Organisation for registering the Domain, which confirm the Contractor’s data, the authority of the persons acting on the Contractor’s behalf, and the Contractor’s right to the chosen Domain name.

9. By submitting an Order for Domain Registration, the Contractor declares that no third-party rights are infringed. Any disputes in this respect shall be resolved without DCS’s involvement. Should DCS incur any loss caused by the Subscriber’s use of a name that infringes third-party rights, the Subscriber shall be liable to DCS on general principles.

10. DCS may refuse to register a Domain and its name if:
    1. another party is already in the process of registering the same Domain name or has previously registered it;
    2. the application contains false, incomplete or incorrect data;
    3. the Registry Organisation provides reasons beyond DCS’s control; in such case DCS shall inform the Subscriber of the reason for refusal within 14 days.
11. If the chosen Domain cannot be registered, DCS may, at the Contractor’s request, register an alternative Domain name, activate another service, or refund the amount paid.

III. Renewal of Domain Registration and maintenance services

1. The Domain registration and maintenance service is continuous and may be provided in successive settlement periods. Each new period is based on a newly concluded Agreement.

2. Domains are renewed by the Registry Organisations according to the schedules stored in their systems.

3. If the Subscriber fails to renew the Domain registration and management service or misses the payment deadline required for renewal, DCS shall not be liable for the Domain’s deletion or for the loss of the Subscriber’s rights to the Domain name.

4. If the Subscriber’s delay in payment does not result in complete loss of rights to the Domain name, DCS will, at the Subscriber’s request, take steps to restore the Subscriber’s full rights. DCS may charge an additional fee for these actions, in accordance with the current Price List or individual arrangements.

IV. Transfer of Domain Registration and management services

1. Transferring the Domain registration and management service to or from another Registrar (Transfer) is governed by this chapter and the current HostedWindows.pl Price List. Clauses 2–6 apply to transfers from DCS to another Registrar; clauses 7–9 apply to transfers to HostedWindows.pl. Transfer is excluded if the relevant Registry Organisation disallows it.

2. A Domain managed by DCS may be transferred only:
   1. through HostedWindows.pl, and
   2. using an auth-info code generated by the relevant Registry Organisation, unless that Organisation’s procedure does not use auth-info codes, in which case clause 2(a) applies.
3. Transfer also includes any action by the Subscriber (directly or via other parties) that prevents DCS from performing its obligations under the Agreement.

4. Any other attempts to transfer the Domain that do not comply with clause 2 or fall under clause 3 constitute a breach of the Agreement.

5. The auth-info code is provided to the Subscriber immediately upon receipt of a valid request sent from the Domain’s registered email address. Information is available in the client panel at https://strefaklienta.dcs.pl/

6. After the auth-info code is issued (if required), DCS unlocks the Domain and/or confirms the transfer once notified that the transfer has been initiated.

7. To transfer a Domain to DCS, the Subscriber must:
   1. hold full rights to the Domain name;
   2. comply with the Registry Organisation’s transfer rules and complete all required steps;
   3. hold the auth-info code (if required);
   4. provide any additional documentation required by the Registry Organisation;
   5. if reactivation is required, reactivate the Domain in the Registry;
   6. not infringe third-party rights to the Domain name.
8. Failure to meet the obligations in clause 7 releases DCS from liability for unsuccessful transfer or loss of rights.

9. Transferring the Domain to DCS constitutes conclusion of an Agreement for Domain Registration and management for the remaining validity period of the Domain. This Agreement is governed by these Terms and Conditions.

10. Where indicated in the DCS offer, transfer may involve fees according to the Price List or as individually agreed; the Subscriber will be informed before the transfer.

11. If a Registry Organisation does not issue auth-info codes, the relevant provisions of this chapter apply mutatis mutandis to the equivalent procedures.

V. Liability of HostedWindows.pl

1. DCS shall not be liable for:
   1. losses incurred by the Subscriber due to the Registry Organisation’s refusal to perform an operation;
   2. incorrect indications returned by domain-name search tools;
   3. registration failure caused by another party reserving the Domain between selection and payment posting;
   4. delay or failure in registration or renewal attributable to the Subscriber;
   5. blocking or deletion of the Domain by the Registry Organisation for reasons attributable to the Subscriber;
   6. the presentation or use of data in WHOIS databases maintained by Registry Organisations;
   7. non-renewal of the Domain by the Registry Organisation where renewal depends on actions that only the Subscriber can perform;
   8. loss or restriction of rights to the Domain resulting from improper or non-compliant transfer (or attempted transfer).

VI. Term of the Agreement

1. The Agreement is concluded for the period specified by the Subscriber in the Order form.

2. The minimum term is one year from activation.

3. Provided the Registry Organisation allows it, the Subscriber may specify another term that is a multiple of the minimum period.

VII. Personal data

1. By accepting these Terms and Conditions, the Subscriber consents to the processing of personal data necessary to establish, define, perform, amend or terminate the Agreement.

2. Data provided by the Subscriber will be processed to the extent arising from these Terms and Conditions.

3. The Subscriber agrees that DCS may transfer personal data to Registry Organisations and Registrars where necessary for performance of the Agreement. Persons acting on the Subscriber’s behalf must have authorisation that includes consent to such data transfer.

VIII. Final provisions

1. In matters regulated herein, these Terms and Conditions take precedence over any other regulations concerning the Agreement.
2. DCS reserves the right to amend these Terms and Conditions without prior individual notice to Users. The current version is available at http://hostedwindows.pl/. Information on amendments will be published 14 days in advance of their entry into force.
3. These Terms and Conditions enter into force on 23 March 2018.