Domain Registration Conditions
Domain Name Conditions
CLIENTS WHO TRUST OUR WORK
Conditions of the Domain Name Registration Service Provision Agreement
1.1. These Contractual Conditions are intended to establish the terms and conditions that will govern the provision by Mixlife Lda to the CLIENT of the DOMAIN NAME REGISTRATION service (“Service”), with the technical and commercial specifications and at the prices that apply. are detailed in the ORDER FORM OR EMAIL, which forms an integral part of this contract for all purposes.
1.2. The CUSTOMER may also subscribe to additional (optional) services to the Domain Name Registration Service, in accordance with the information provided, at the prices in force on the date of conclusion of this contract, as stated in the FORM OR EMAIL OF ORDER, all technical and commercial specifications thereof.
1.2.1. Mixlife informs that there are names that, due to their specificity, are considered premium domains and that for this reason have a registration value higher than the base value available in our price table. This information is only available at the time of registration, so Mixlife reserves the right not to proceed with the registration process if the amount paid by the customer is not in accordance with the specificity attributed to a domain considered premium.
1.3. The CUSTOMER acknowledges and accepts that, for the purposes of providing the Service by Mixlife Lda, they must provide all requested data (mandatory data) in the ORDER FORM OR EMAIL, under penalty of being refused the provision of any or all of the Services requested until the necessary information is provided.
2. Description of the Service
2.1. The CLIENT acknowledges and accepts when subscribing to the Service covered by this contract, that Mixlife Lda will act exclusively as an Intermediary Entity between the Client, interested in registering a domain name with a specific .TLD (“Top Level Domain”), of between the list of extensions whose registration is made available by Mixlife Lda, in accordance with these Contractual Conditions and the different Registration Authorities, responsible for stipulating rules and procedures regarding the attribution of domain names and for managing registrations of various .TLDs .
2.1.1. Mixlife Lda, in its capacity as Registrar, an entity specialized in the registration and management of domain names, provides registration of .pt domains; .com.pt; .with; .net; .org; .info; .biz, as well as other ICANN-approved .TLDs.
2.1.2 The CLIENT acknowledges and accepts, consequently, that Mixlife Lda is only bound by these Conditions, to act with all the diligence that may be required of it, in terms of reasonableness, with the competent Registration Authorities, in the sense to present to them, the domain name registration requests submitted by the CLIENT, in the chronological order in which he receives them and in accordance with the specifications indicated in the respective ORDER FORM OR EMAIL, within the deadlines contractually provided for this purpose, The countdown begins after confirmation of payment for the Service made by the CUSTOMER.
2.1.3 The CUSTOMER therefore acknowledges and accepts that Mixlife Lda. does not assume, through these Contractual Conditions, any obligation to result in relation to the application for registration of a domain name submitted to the Competent Registration Authority.
2.2 The CUSTOMER further acknowledges and accepts that the Service is provided by Mixlife Lda. in partnership with other entities such as eNom, Namesilo, OVH, PTISP, Dominios, DNS.pt, Reseller Club, duly accredited by ICANN – “Internet Corporation for Assigned Names and Numbers”.
3. The WHOIS Database
3.1 The CUSTOMER expressly acknowledges and accepts that all domain names covered by this Service will be registered in their name, although they are permitted to change the contact details available in the database at any time WHOIS.
3.1.1 The CLIENT declares to accept, however, that the request to update the WHOIS data presented by the CLIENT to Mixlife Lda can only be validated if the CLIENT sends the invoices/receipt proving full payment of the domain name registration and its renewals , if applicable.
3.2 The CUSTOMER declares in this regard to know and accept that the Whois Database is publicly accessible, making available, as required by ICANN – “Internet Corporation for Assigned Names and Numbers”, the contact details of the owners/holders of all names registered domains in the world.
3.3 The CUSTOMER acknowledges and accepts that whenever it chooses not to specify the details of the holder of the domain name in question, the CLIENT's contact details indicated in the ORDER FORM OR EMAIL at the time of placing subscription to this Service.
4 – Technical Specifications and Restrictions of the Service
4.1 With regard to .com domains; .net; .org; .info; biz, as well as new extensions, the CLIENT expressly acknowledges and accepts that, as imposed by ICANN, it will be confirmed, by sending an electronic communication sent to the email address of the domain name holder, within 15 (fifteen ) days after the registration of the domain name in question, the validity of the email address associated with the WHOIS database. If said address does not exist and/or is not valid, the Registrar will change the DNS of that domain, thus no longer pointing to the respective server.
4.1.1 The CUSTOMER further acknowledges and accepts that, once the email address of the domain name holder has been verified under the terms of the previous point, no new checks will be carried out for subsequent domain name registrations associated with the email address in question.
4.2 The CUSTOMER further declares that the verification described in the previous points will also be carried out if the CUSTOMER requests to change the “Contact Name” and “Email Address” data available in the WHOIS database.
4.3 The CLIENT expressly acknowledges and accepts, with regard to the domains indicated in point 4.1 and as required by ICANN, that all notifications related to the expiration of the registration, better described in the clause below, will be sent to the email address shown in the WHOIS database associated with the domain name in question.
4.4 The CUSTOMER expressly acknowledges and accepts that it is solely and exclusively responsible for providing the data necessary for the technical configuration of the domain name object of this Service, and is therefore obliged to provide true, complete and updated information for this purpose, not Mixlife Lda therefore assumes any responsibility in this regard, particularly with regard to the possible impossibility of providing the Service in question due to the inaccuracy of the data provided by the CUSTOMER.
4.4.1 The CLIENT further acknowledges and accepts that it is, under the terms indicated in the previous point, solely and exclusively responsible for the correct configuration of the domain name in question on Mixlife Lda's DNS servers.
The CUSTOMER declares to know and accept that the holder of a domain name is free to change, at any time, the entity that provides the hosting service associated with it. 4.5.1 Under the terms of the previous point, Mixlife Lda will accept the transfer of a domain name to another Registrar, provided that the CLIENT makes the necessary transfer request through written communication. The CUSTOMER acknowledges and accepts, however, that such procedure does not bind Mixlife Lda to the obligation to reimburse the CUSTOMER for any amount paid by the CUSTOMER when subscribing to the Service or any of its renewals.
4.5.2 Failure to timely pay for the Service by the CLIENT necessarily implies that Mixlife Lda will be unable to transfer the management of the domain name in question to another Registrar.
4.6 With regard to .pt top-level domains, the registration of which is made available by Mixlife Lda, the latter reserves the right not to make any refund of the amounts paid by the CLIENT when subscribing to the Service and/or any of its renewals, in the event that the holder of the registration name chooses to transfer the management of the domain name in question to another entity, regardless of whether or not the registration in question has already been invoiced on that date by DNS.pt,
4.7 The CUSTOMER acknowledges and accepts that Mixlife Lda. will not accept the registration of domain names for which the CUSTOMER expresses the intention of reselling them.
5- Duration and Renewal of Domain Name Registration
5.1 The CUSTOMER expressly recognizes and accepts that the domain names subject to this Service will be valid for the period of time for which they are registered on the entire internet network, without prejudice to the removal rules and suspension of domain names from the various competent Registration Authorities, as further described below, as well as the possibility of deactivating them carried out by Mixlife Lda in the situations provided for in these Contractual Conditions.
5.2 The CUSTOMER simultaneously acknowledges and accepts that he will be notified by Mixlife Lda, through electronic communications sent to the email address indicated in the respective ORDER FORM OR EMAIL and associated with the management of the domain name registration (“ACCOUNT” ), of its expiration, 30 (thirty), 15 (fifteen), 5 (five) and 3 (three) days before the end of the registration period, as well as within a period of 5 (five) days after its expiration.
5.2.1 The CUSTOMER therefore declares to acknowledge and accept that it is his sole responsibility to keep the contact details indicated by him when subscribing to the Service updated and which are associated with the management of the domain name registration, in order to be able to timely receive electronic communications sent by Mixlife Lda, under the terms and for the purposes described in the previous point.
5.2.2 Mixlife Lda therefore does not assume any responsibility regarding the correctness, completeness and timeliness of the data indicated and maintained by the CLIENT, as indicated in the respective ACCOUNT.
5.3 The CUSTOMER acknowledges and accepts that he may, if he so wishes, renew the domain name registered through Mixlife Lda, through his CUSTOMER AREA OR BY SENDING PROOF OF PAYMENT BY EMAIL, within the deadlines and in the manner expressly indicated in your ACCOUNT, as well as in the electronic communications that will be sent to you under the terms of this clause.
5.3.1 The CLIENT acknowledges and accepts, consequently, that if the domain name registration is not renewed within the deadlines and terms indicated herein above, it will expire for all purposes, with the Service being deactivated by Mixlife Lda and all the CUSTOMER data and content associated with it will be definitively deleted.
5.3.2 The CUSTOMER is, therefore, solely and exclusively responsible for the storage, duplication, backup and/or copying of its data and content related to this Service, expressly recognizing that Mixlife Lda does not assume any responsibility for the same, nor being responsible for their elimination under the terms of the previous point,
5.4 The CUSTOMER acknowledges and accepts that a domain name may also be renewed during the “redemption” period, upon payment of the reactivation fee in force on the date of said renewal.
6. CUSTOMER'S Obligations
6.1. The CUSTOMER guarantees that it has the necessary technical knowledge to use the Service covered by this contract.
6.2. The CUSTOMER undertakes to respect the Acceptable Use Policy (PUA) of Mixlife Lda available at https://www.mixlife.pt/politica-de-utilizacao-aceitavel/ , so as not to compromise stability, security and quality of the Services provided under this contract.
6.3. The CUSTOMER further expressly declares that it will not use the Service for purposes contrary to the law, namely, it will not disclose information that could undermine the moral integrity or any other rights or legitimate interests of third parties or to convey information that could be qualified as practice and/or incitement to the practice of criminal acts, contrary to law or public order, as well as any information whose disclosure may or should, for any reason, be considered illegal.
6.3.1. The CUSTOMER accepts that the holder of a domain name is, therefore, solely and exclusively responsible for the content of the websites to which the domain name in question points via DNS or redirection.
6.4. The CUSTOMER acknowledges and accepts that Mixlife Lda does not, under any circumstances, make backups of any data and content that the CUSTOMER owns and uses within the scope of the Service covered by this contract. The CUSTOMER undertakes, therefore, to continuously back up its data and content under its own responsibility, bearing the respective costs, and Mixlife Lda is therefore not responsible for any loss, improper access or deletion thereof.
6.5. The CUSTOMER declares for all purposes that it is exclusively responsible for complying with legally established obligations regarding privacy and protection of personal data, in relation to personal data hosted on a server associated with the domain name object of this Service.
6.6 The CUSTOMER expressly declares for all purposes that it has read and agreed to be bound by:
(i) WHOIS Policy, available for consultation at https://www.icann.org/resources/pages/whois-policies- provisions-2013-04-15-en
(II) “ICANN POLICY”, available for consultation at https://www.icann.org/policy#what_is_policy
(III) “UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY”, available for consultation at https://www.icann.org/resources/pages/help/dndr/udrp-en
(IV) .PT Domain Name Registration Rules (16 June 2014), available for consultation at https://www .dns.pt/pt/dominios-2/regras-de-dominios/preambulo/
(V) Policies and Eligibility Requirements for domain names established by the different Registration Authorities competent for .TLDs approved by ICANN, whose registration is made available by Mixlife Lda under the terms of these Contractual Conditions, available for consultation at https://www.mixlife.pt/regras-dominio .
6.7 The CLIENT further expressly acknowledges and accepts that, with regard to .pt top-level domains, it may, when registering a domain name, undertake to resort to Institutionalized Voluntary Arbitration, through the signing of an arbitration agreement relating to the resolution of conflicts over .pt domain names, designating ARBITRARE – Arbitration Center for Industrial Property, Domain Names, Firms and Denominations for this purpose, as shown in the information available at https://www.arbitrare.pt/index .php
7. Responsibility of Mixlife Lda
7.1. The CLIENT acknowledges and accepts that Mixlife Lda is unaware, without obligation to know, the content of the information hosted by the CLIENT on the servers associated with the domain name subject to this contract, therefore Mixlife Lda does not assume any responsibility for the content it stores , unless you are aware of activity or information whose illegality is manifest and do not immediately remove or make access to that information impossible, as provided for in Decree-Law no. 7/2004, 7 January.
7.1.1. The CUSTOMER also declares that it is aware that Mixlife Lda does not have any general obligation to monitor the information it stores or to investigate any illegal activities carried out within its scope.
7.2 The CLIENT further acknowledges and accepts that Mixlife Lda does not assume any responsibility for spelling errors or other errors and/or technical errors committed by the CLIENT in relation to the domain name when applying for registration. The CUSTOMER acknowledges and accepts that in these situations and after the requested registration has been completed, Mixlife Lda will not refund the amount paid by the Customer when subscribing to the Service in question.
7.3 The CUSTOMER acknowledges and accepts in the same way that Mixlife Lda is not obliged to provide any refund of the amounts paid by the CUSTOMER when subscribing to the Service or any of its renewals, if the CUSTOMER chooses not to use the domain name subject to registration and/or choose to request its deactivation, regardless of the justifying reason.
7.4 The CUSTOMER expressly acknowledges and accepts that Mixlife Lda reserves the right to deactivate a domain name due to lack of timely payment by the CUSTOMER for any Service associated with it, under the terms of these Contractual Conditions, without the need to provide any notice in this sense, not assuming any responsibility under the terms resulting from this clause for the consequent definitive deletion of the CLIENT's data and content.
8.Use of Personal Data
8.1. Mixlife Lda is the entity responsible for collecting and processing the personal data indicated by the CLIENT when concluding this contract, as well as those that Mixlife Lda. may obtain during the term of the same.
8.2. Mixlife Lda will, in accordance with the legally established terms, collect and process the CUSTOMER's personal data that are strictly necessary for the provision of the Service in question, keeping them for as long as the contractual relationship is in force, being definitively deleted after the termination of the contract, except in cases cases in which the law expressly provides for the obligation to retain personal data for longer periods or in cases in which the National Data Protection Commission (CNPD) authorizes conservation for longer periods, taking into account the specific purpose of the processing carried out, in which case if the CLIENT is duly informed of this same purpose and deadline.
8.4. Mixlife Lda guarantees the CLIENT the right to access their personal data stored in specific databases, namely to confirm their veracity, correction, verification of their purpose and the recipients to whom they are communicated, as well as updating, rectification and deletion , upon request sent via email [email protected] to Mixlife Lda.
8.5. The CUSTOMER declares, by this contract, to be aware that the indication of personal data contained in the ORDER FORM is a mandatory condition for the provision of the service contracted herein and that the request for deletion of the same from Mixlife Lda's databases will have the consequence the technical unfeasibility of said provision and, to that extent, relieves Mixlife Lda. of any responsibility for ceasing to provide services on such grounds.
9. Copyright and Industrial Property Rights
9.1 The CLIENT declares, for all due purposes, to be the legitimate and exclusive owner of all data, content, images and information, regardless of the medium on which they are found, hosted on servers associated with the name domain object of this contract.
9.1.2. The CLIENT also declares that, on the contrary, the aforementioned data, content, images and information belong to third parties, prior to their hosting, provision and/or dissemination, they obtained the necessary authorizations, consents and/or licenses for use, therefore the its use does not in any way violate the legitimate copyright and/or industrial property rights of third parties.
9.2. The CUSTOMER is therefore solely and exclusively responsible for the use of such content, data, images or information, in accordance with the provisions of the law, Acceptable Use Policy (AUP) and applicable Terms and Conditions.
9.3. The CUSTOMER expressly acknowledges that acceptance of these Conditions does not imply the assignment and/or transfer of any copyright or industrial property rights of Mixlife Lda, and/or its suppliers over the Service, whatever title, but only authorization to use it under the applicable terms.