Domain Name & DNS Terms

These Domain Name & DNS Terms (“Terms”) are supplemental to your agreement regarding your Ziber Subscription and the related Ziber Customer Terms (collectively, the “Agreement”). Terms written with a capital letter have the meaning given to them under “Definitions,” and if a term is not defined here, it has the meaning given in the Agreement.

These Terms take effect once you, or the entity you represent, have registered a Domain Name via Ziber and/or allow Ziber to manage the DNS of a Domain Name.

Domain Name

Ziber provides the possibility to register Domain Names and manage DNS for Customers.

Registrar

Ziber acts solely as an intermediary between you (Customer) and the Registrar, who handles the allocation and registration of Domain Names.

Domain Registration

The application, allocation, and possible use of a Domain Name are subject to the applicable rules and procedures of the Registrar through which Ziber has applied for or registered the Domain Name on your behalf (Customer).

The relevant Registrar decides on the allocation of a Domain Name, and Ziber acts solely as an intermediary during the application process on your behalf, without guaranteeing the success of any application.

Confirmation and Registration

You can only confirm the registration of the requested Domain Name from the email confirmation sent by Ziber, stating that the Domain Name has been successfully registered. An invoice for registration fees does not serve as confirmation of registration.

Registrar Terms

You are required to comply with all registration terms, conditions, and (dispute) procedures set forth by the Registrar regarding the application, allocation, or use of a Domain Name.

Indemnification

You indemnify and hold Ziber harmless from any damage related to (the use of) a Domain Name registered for you via Ziber. Ziber is not liable for the loss of your rights to a Domain Name or for the fact that the Domain Name may be requested and/or obtained by a third party in the interim, except in cases of intentional or gross negligence by Ziber.

DNS

The Domain Name System (DNS) is a system that converts domain names into IP addresses that computers use to identify each other on the network. Ziber offers services to manage DNS on your behalf.

Indemnification

While we strive to provide the highest quality of service, we acknowledge that, despite our best efforts, errors may occur. Therefore, we want to inform you that Ziber reserves the right not to be held liable for any errors, failures, or interruptions in DNS service. We advise you to take appropriate measures, such as regularly reviewing DNS settings, to minimize the impact of any potential issues.

Force Majeure

In the event of force majeure, Ziber will make every effort to ensure optimal DNS functionality. Ziber cannot be held liable for any damage (direct or indirect) you may suffer as a result of force majeure.

Miscellaneous

Default

Ziber reserves the right to make the Domain Name and/or related services inaccessible or unusable, or to have the Domain Name transferred to Ziber’s name if the Customer is demonstrably in default of fulfilling their part of the Agreement. This will only occur for the duration of the default and after a reasonable period has been granted for performance following a written notice of default (email). In the event of the Agreement being terminated due to Customer’s breach, Ziber is entitled to cancel the Domain Name and related services.

Translation

These Terms are originally written in the Dutch (NL) language. We may translate these Terms into other languages so you can read and understand them. If there is a conflict between a translated version of these Terms and the Dutch version, the Dutch version will prevail.

Governing Law and Jurisdiction

This Agreement is governed by the laws of the Netherlands (a member of the EU), without regard to its conflict of law principles. Any legal action to enforce this Agreement must be brought in Alkmaar (Netherlands). This jurisdiction choice does not prevent either party from seeking injunctive relief from a competent court in relation to the breach of intellectual property rights.

Definitions

For a list of definitions used, click here.