By making use of the whois privacy and trustee services offered and provided by proxy-privacy.com/IDPS GmbH, the customer (registrant) agrees and is bound to the following TRUSTEE terms and conditions.

Trustee Agreement for the Registration of Domain Names under the TLD .EU

Preamble

• The Customer as a Beneficiary desires to register a domain name under the top-level-domain .EU with the VZW European Registry For Internet Domains (“EURid”), Park Station, Woluwelaan 150, B-1831 Diegem, Belgium, using the services IDPS International Domain Privacy Services GmbH, Duesseldorf, Hansaallee 191-193, Germany as a Trustee. Whereas the Customer resides outside the European Union and consequently may not register a domain name under the Top-Level-Domain .EU as a result of the registration rules of EURid, the Customer authorizes the Trustee to register the desired domain name at CSL Computer Service Langenbach GmbH d/b/a Joker.com (“CSL GmbH”) and to administer the domain name during the duration of this contract. The trust agreement will only become effective upon the direct payment of the trust fee to CSL GmbH by the customer.
  The Customer/Beneficiary and Trustee conclude an Agreement under the conditions defined in the following:

1. Duties of the Customer

• • The Customer guarantees that neither the domain applied for nor the contents to be placed on a corresponding website violate any third-party rights (e.g., trademark, name-use rights and copyrights), statutory bans of an European Union member state or generally-accepted moral precepts; in particular the Customer will not place any pornographic content, offers for gambling or contents that support or glorify terrorism or Nazism on the website reachable under the domain name.
  • The Customer shall post an Imprint on the website which meets the requirements of the European Commission’s Directive 2000/31/EG, L 178 from 2000/12/07, p. 1.
  • The Customer must promptly inform the Trustee per post or facsimile and email about all matters relevant to the registration of the domain, in particular any change of the Beneficiary or initiation of legal proceedings or if the customer is threatened with legal action or if legal action is taken against the Customer.
  • The Trustee Agreement shall not have the right to assign the rights and obligations rising from this contract to a third party without written consent of the Trustee.
  • The Customer agrees to reply in detail to all inquiries of the Trustee with respect to the domain registration by mail or fax and email immediately, at the latest within 24 hours. This time period will be further limited if a third party (claimant, court, etc.) effectively sets a shorter time limit.
  • The Customer shall continuously update its contact data directly with CSL GmbH and explicitly allows CSL GmbH to provide the Trustee with this contact data.
  • If the Customer cannot be reached through the contact data provided or does not answer an inquiry of the Trustee within the set deadline, the Trustee may take necessary steps, in particular cancel or suspend the domain if an actual or claimed legal violation is present.

  2. Duties of the Trustee

• • The Trustee must fulfill its duties as registrant of the domain name as a fiduciary of the Customer. He will comply with the customer’s respective instructions as long as they are not in contravention of the law of a European Union member state, the .EU Registration Policies or any of the contractual agreements of the two parties.
  • The Trustee will promptly inform the Customer about all issues relating to domain registration and, insofar as possible, take no action without previously conferring with the customer.
  • The Trustee will, if action can or must be taken without previously conferring with the customer, exercise reasonable judgment in doing so.

3. Third party disputes

• If the Trustee is subject to a legal or administrative action to release or cancel the domain, the customer must state in writing within 48 hours, whether it approves the release or wants to defend the domain.
  If the customer approves the release, the Trustee will apply for cancellation of the domain with EURid and inform the third party claimant. The contractual relationship between the Trustee and Customer will end with this application without any further termination being necessary.
  The Trustee may cancel the domain, if the Customer does not provide any written statement in this regard.
  If the Customer informs the Trustee that he wishes to defend the domain, the Customer shall have 48 hours to lodge a deposit (cash/cash equivalent in EURO), the amount of which shall be determined at the Trustee's reasonable discretion on the basis of the Court Fees Act and the regulations on attorneys' fees of the Member States of the European Union, so that this deposit guarantees the Trustee compensation for any procedural costs that the Trustee may have to bear.
  Moreover, within 48h the Customer must appoint legal counsel to represent the Customer against third parties both in and out of court.
  If the customer does not satisfy the duties of this subsection, the Trustee may proceed as if the Customer did not provide any written statement in this regard.

4. Violations of Law

• If the Trustee determines that the domain name itself or the contents of the website reachable under the domain name violates valid law of a European Union member State, in particular its criminal provisions, the Trustee may cancel the domain without warning. The Trustee Agreement is immediately terminated upon cancellation of the domain name.

5. Payment

• The customer will pay the trust fee to CSL GmbH per domain name for one contract year in advance. The amount payable is determined by the current price list published on Joker.com, or in the customer’s account.
  In case of premature deletion or transfer of a domain name the customer will not be entitled to partial refund.

6. Term

• The term of the Agreement is unlimited, yet it terminates if the registrar ceases to be the CSL GmbH. Accordingly irrespective of the continued existence of a contract with CSL GmbH, the Trustee Agreement ends when the Customer transfers the domain from CSL GmbH to another registrar, or applies for the cancellation of the domain, or executes a Change of Registrant without acknowledging the Trustee Agreement. The Trustee and the Customer abstain from exercising any right of termination by laws litigated before a civil tribunal.
  The right to terminate for cause remains unaffected as do the other facts and reasons for termination mentioned in this Agreement.
  If CSL GmbH exercises its right to terminate the contractual relation with the Trustee the Trustee shall have the right to terminate this agreement within one month.

7. Trustee`s Liability

• The Trustee shall only be liable for the breach of an essential contractual obligation in a manner detrimental to the purpose of the contract; in addition, the damage must be caused by gross negligence or fault.

8. Customer’s Liability

• The Customer indemnifies the Trustee from all costs, damages and detriments incurred due to a third party claims and suits – whether justified or not, made in or out of court - against the Trustee on the basis of the domain registration and the contents of the website posted under the domain name.

9. Miscellaneous

• Venue for all disputes resulting from this Agreement is Germany.
  The law of Germany under exclusion of the provisions on standardized UN-Commercial law on the Sale of Goods exclusively governs this Agreement and any claims resulting from it.