Agreement terms

1. GENERAL INFORMATION
Svenska Domäner AB (“Svenska Domäner”) owns and runs the domain-related search service www.Svenska-Domaner.se. Svenska Domäner receives applications (orders) from customers (“Users”) through www.Svenska-Domaner.se to register domain names (“the Domain Name Service”). Svenska Domäner also provides supplementary services such as email, Web hotel, etc. in accordance with that which is stated in more detail under the heading “Use of Supplementary services” and the prices and other terms that are given on www.Svenska-Domaner.se from time to time (“Supplementary Services”). The Domain Name Service and Supplementary Services are provided on the terms presented below, which the User accepts in conjunction with submitting his application to register a domain name and/or order a Supplementary Service. 2.1 THE DOMAIN NAME SERVICE
To the extent that Svenska Domäner undertakes the assignment, the application is prepared, managed and communicated to each top domain. The assignment is accepted when management begins, which also entitles Svenska Domäner to charge the application fee. Svenska Domäner is free to reject an assignment that is offered. Before management begins, there are no undertakings or commitments from Svenska Domäner. It falls to the User to carefully read through the rules that apply to each top domain before submitting the application. Svenska Domäner has no control over the top domains’ management of the cases, charges or responsibility for these. 2.2 SE DOMAINS from IIS (.SE)
  .SE’s Registration terms apply to SE domains.
Regarding .SE, as of 9/3 2009, Svenska Domäner is an accredited Registrar that is thereby entitled to provide Domain Name Registration Services and to register and administer Domain Names at a Holder’s request. By approving these terms, the client expressly gives Svenska Domäner approval to register, administer and renew a current domain name.

2.3 GENERIC TOP DOMAINS .COM, .INFO,.BIZ, .NET, .NAME, .PRO, .ORG
As regards the top domains in the heading, special terms apply. ICANN Policy: ICANN Policy: http://www.icann.org/dndr/udrp/policy.htm

2.4 MOVING DOMAINS
When a domain is registered through Svenska Domäner, the User is always the owner. The User is always free to move the domain to another operator.

2.5 CHARGES AND PRICES
Since the application procedure, application charges and any current record keeping charges differ considerably from one another depending on the top domain under which the top domain applied for shall be registered, relevant details are presented under each individual application procedure. Where a registered domain under ccTLD (top domains that are reserved for countries, e.g. .dk for Denmark) is not cancelled, Svenska Domäner levies an administrative charge in addition to the record keeping charge for the top domain in question. To the extent that payment for Svenska Domäner’s management is made against invoice, payment shall be made within ten (10) days or else penalty interest of 1.0 % per month will be charged. A reminder fee of fifty (50) SEK and a collection fee of one hundred and sixty (160) SEK will be charged. Charges paid are non-refundable. Svenska Domäner reserves the right to adjust prices and record keeping charges to a reasonable extent once a year in conjunction with renewing the Agreement in accordance with point 4.4 below.

3.1 USE OF SUPPLEMENTARY SERVICES
The User shall also pay and indemnify Svenska Domäner for all damage caused to Svenska Domäner where the User has utilised the Supplementary Services in contravention of applicable law and/or the terms of this Agreement. Regarding Web hotel, the site also has a bandwidth limit of 256 kbps and a maximum of 100 simultaneous users. Unauthorised stress and performance tests will be considered to constitute misuse and may lead to closure of the service. All charges paid by then will be considered to have been utilised. Abnormal, excessive, continuous or a disproportionately high level of traffic will also be considered to constitute misuse. Svenska Domäner is entitled to amend prices for Supplementary Services in accordance with that which is stated in point 2.5 above.

3.2 NAME SERVERS FOR SUPPLEMENTARY SERVICES LIKE EMAIL AND WEB HOTEL
In order to be able to have the email, domain hosting and Web hotel services, the domain must be delegated to Svenska Domäner’s name servers. If the domain is moved (re-delegated to other name servers), all support will cease immediately and the services will be closed.

4.1 PERSONAL INFORMATION
In order to facilitate full utilisation of the services provided by Svenska Domäner, the User will need to give his name, address, email, telephone number and any transaction details such as credit card details (jointly called personal information below). By accepting these terms, the User consents to Svenska Domäner’s handling of personal information (I) to provide and administer the services, (II) for record maintenance, and (III) for direct marketing purposes by email, telephone and SMS, for example. The User also consents to the fact that Svenska Domäner may make collected details publicly available over the Internet and give out and transfer collected details to cooperation partners or to a third country to the extent that Svenska Domäner finds such a transfer necessary for the provision of the services. The User is entitled (I) at any time to withdraw his consent to the handling of personal information for direct marketing purposes, (II) to have the registered details corrected, and (III) once a year following a signed written application to be informed of which personal information Svenska Domäner handles. The request in accordance with this point should be made to the personal information manager Svenska Domäner AB. The User guarantees that details given to Svenska Domäner are correct, complete and appropriately sent and that the details are in accordance with actual circumstances. The holder shall give and retain an email address to which Svenska Domäner can send notifications to the User at any time. The email address given is used to send information, among other things. The information may be very important to the use of the service and for the benefit of the User so it is therefore particularly important for the User to update such information when necessary. It falls to the User as a legal person to obtain consent from any contact persons in accordance with the above before an application to register a domain name or an order for a Supplementary Service is submitted to Svenska Domäner.

4.2 RIGHT TO CANCEL IN ACCORDANCE WITH THE DISTANCE CONTRACTS AND HOME SALES ACT (2005:59)
A request to register a domain is to be considered to constitute the performance of a service for a consumer in the sense of the Distance Contracts and Home Sales Act. Fulfilment of this service begins within the right of cancellation deadline stated in the Act (14 days) because, in submitting his application for registration, the User is asking for the Agreement to be carried out immediately and thereby consenting to refrain from the abovementioned right of cancellation deadline. The consequence of the consent is therefore that the right to cancel does not exist (see stated Act). Note that it is NOT possible to cancel a registration after it has taken place. Svenska Domäner performs a registration with each domain authority at the request of a User. When the registration is complete, the User owns the domain. Svenska Domäner then has no possibilities of backing out of the registration. These are the domain authorities’ rules and are beyond the control of Svenska Domäner. However, it is perfectly possible to cancel an order for a Supplementary Service such as an order for email, Web hotel, etc. within fourteen (14) days.

4.3 VALIDITY
The User accepts that remaining parts of this Agreement remain fully valid, irrespective of whether a certain part of the Agreement has been cancelled or found to be invalid. The User also accepts that Svenska Domäner is entitled to amend this Agreement after having informed the User of such an impending change with the observance of at least thirty (30) days’ notice. Where the User does not wish to accept such a change to the terms, the User shall cancel the Agreement in writing within thirty (30) days of receipt of such information.

4.4 AGREEMENT PERIOD AND CANCELLATION
An Agreement regarding Domain Name Services is valid as of when Svenska Domäner’s management begins and runs with an initial Agreement period of one (1) (sic) as of the time when the registration of each domain name has been granted by the relevant top domain administrator (the record keeping period). If the Domain Name Service is not cancelled within thirty (30) days before the end of the initial Agreement period at the latest, the Agreement will be extended by one (1) year at a time (i.e. for one further record keeping period at a time) with the same cancellation period. Note that exceptions to the above may be made for registration under certain top domains (e.g. .nu and .co.uk, which have an initial Agreement period of two (2) years.) For registration under top domains that are reserved for countries, a cancellation period of ninety (90) days before the end of the Agreement period applies. The top domains under which this applies will be stated at the time of registration. A Supplementary Services Agreement is valid as of the time when Svenska Domäner has accepted the User’s order and will thereafter run for an initial Agreement period of one (1) year. If the Supplementary Service is not cancelled within thirty (30) days before the end of the initial Agreement period at the latest, the Agreement will be extended by one (1) year at a time with the same cancellation period. No later than [sixty (60) days] before the end of each Agreement period, Svenska Domäner will send the User a reminder and will in this connection inform the User of any new prices and terms that apply to the forthcoming extension period. Where the Agreement is not cancelled in accordance with the above, applicable charges will be levied for the relevant extension period. In order to cancel a Supplementary Service or a Domain Name Service, download the cancellation form, print it out, fill it in, get the authorised signatory to sign it and fax or post it to Svenska Domäner. Note that a cancellation can take place to NOT RENEW a Domain Name Service. However, this CANNOT be done to cancel a registration.

4.5 DISCHARGE FROM LIABILITY
With the exception of (I) where Svenska Domäner has acted with intent or with gross negligence, or (II) that which is shown by mandatory consumer law rules or principles, Svenska Domäner, including its employees and hired contractors, discharges itself from all liability vis-à-vis Users for damage, both direct and indirect.

4.6 FORCE MAJEURE
If a party is prevented from fulfilling his undertakings in accordance with this Agreement due to a circumstance that is beyond the control of a party, e.g. lightening strike, industrial action, fire, seizure, authority regulations and faults or delays to the service from a subcontractor owing to a circumstance as indicated, this shall constitute grounds for discharge that lead to the postponement of the time of the service rendered. If the fulfilment of the Agreement has essentially been prevented for a period of longer than one month owing to a circumstance as indicated, either party will be entitled to withdraw from the Agreement without being liable for compensation.

4.6 DISPUTES
Disputes owing to this Agreement shall be finally settled by Stockholm City Court, whereupon Swedish Law shall apply without regard to its conflict of laws principles.