Specific Terms: Domain Names

Article 1 - Purpose and Scope of the Special Conditions

1.1 Purpose

These Special Conditions (hereinafter "SC") govern the registration, renewal, transfer, and management of domain names offered by PulseHeberg.

1.2 Hierarchy of Contractual Documents

These SC supplement the General Terms and Conditions of Use and Sale (CGU/CGV) of PulseHeberg. In the event of any conflict between the provisions of these SC and those of the CGU/CGV, these SC shall prevail.

1.3 Role of PulseHeberg

PulseHeberg acts as an accredited registrar or reseller with the registries managing the various extensions offered. PulseHeberg is a technical intermediary between the Client and the registries and is not responsible for decisions made by the latter.

Article 2 - Available Extensions

2.1 Extension Catalogue

The list of available domain name extensions can be viewed on the PulseHeberg website. This list may change at any time, with extensions being added or removed.

2.2 Eligibility Conditions

Certain extensions are subject to eligibility conditions defined by the managing registries. For example, European Economic Area extensions (such as .FR, .EU, .BE, etc.) may only be registered by natural or legal persons residing or established in the EEA.

It is the Client's responsibility to verify their eligibility before placing any order. Any attempt to circumvent eligibility conditions may result in the suspension or cancellation of the domain by the registry, without recourse or refund.

2.3 Naming Charters

Each extension is subject to a naming charter defined by the managing registry. The naming charters for the extensions offered are accessible on the PulseHeberg Legal Notice page at www.pulseheberg.com/company/legal-notice.

By proceeding with the registration of a domain name, the Client confirms having read and accepted the naming charter applicable to the extension concerned.

Article 3 - Registrant Contact Information

3.1 Accuracy Obligation

The Client undertakes to provide accurate, complete, and up-to-date contact information when registering a domain name. This information is transmitted to the registry and constitutes the domain registrant's details.

3.2 Updating Contact Information

The Client undertakes to update their contact information as soon as possible in the event of any change. Updates can be made from the PulseHeberg client dashboard.

3.3 Consequences of Inaccurate Contact Information

In the event of incorrect, incomplete, or outdated contact information:

• PulseHeberg reserves the right to suspend or cancel the domain name without prior notification
• The registry may proceed with the suspension or deletion of the domain
• No refund shall be granted in such circumstances

The Client is informed that registries do not compensate PulseHeberg for deletions resulting from inaccurate contact information.

Article 4 - Domain Name Registration

4.1 "First Come, First Served" Principle

Domain name registration operates on a "first come, first served" basis. PulseHeberg does not guarantee the availability of a domain name until registration has been confirmed by the registry.

4.2 Registration Process

Following order validation and receipt of payment, PulseHeberg forwards the registration request to the relevant registry. The actual registration timeframe depends on the registry and the chosen extension.

4.3 Registration Failure

In the event of registration failure (domain name already taken, non-compliance with eligibility conditions, rejection by the registry, etc.), the Client shall be refunded the amount paid for the domain concerned.

Article 5 - Renewal

5.1 Duration and Automatic Renewal

Domain names are registered for a minimum period of one (1) year, renewable by automatic renewal. The Client is notified by email of their domain's upcoming expiry date.

5.2 Renewal Deadline

Renewal must be completed before the domain's expiry date. The Client may renew their domain from their client dashboard or by settling the renewal invoice issued by PulseHeberg.

5.3 Failure to Renew

In the event of non-renewal by the expiry date, the domain enters a grace period whose duration varies depending on the registries and extensions. During this period:

• The domain may be suspended and cease to function
• Renewal remains possible but may be subject to additional fees (restoration fees) applied by the registry and passed on to the Client

5.4 Redemption Period

At the end of the grace period, certain domains enter a redemption period. Recovery of the domain during this period is subject to significant restoration fees set by the registry. PulseHeberg does not guarantee the possibility of recovering a domain in redemption period.

5.5 Permanent Deletion

At the end of the grace and redemption periods, the domain is deleted and becomes available for registration by any third party. PulseHeberg shall not be held liable for the loss of a domain not renewed within the required timeframe.

Article 6 - Domain Name Transfer

6.1 Inbound Transfer

The Client may transfer a domain name from another registrar to PulseHeberg, provided that:

• The domain is unlocked at the current registrar
• The Client has the transfer authorisation code (authcode) if applicable
• The domain is not in a grace period, redemption period, or post-transfer lock
• The domain has been registered or transferred for more than 60 days (in accordance with ICANN rules)

Depending on the extension, an inbound transfer may include a one-year renewal of the domain. Specific conditions depend on the rules of the registry managing the extension concerned.

6.2 Outbound Transfer

The Client may transfer their domain to another registrar at any time, subject to the conditions mentioned in Article 6.1. To initiate an outbound transfer, the Client must:

• Unlock the domain from their client dashboard
• Retrieve the transfer authorisation code from their client dashboard
• Initiate the transfer with the new registrar

PulseHeberg does not charge any fees for outbound domain transfers.

6.3 Registrant Change

A change of registrant (trade) of a domain name is subject to the rules and procedures of the relevant registry. Depending on the extension, this operation may be free or paid, and may require validation by both parties (former and new registrant).

Article 7 - Right of Withdrawal

7.1 Exclusion of the Right of Withdrawal

The Client is informed that domain names are excluded from the right of withdrawal. Once registration has been completed with the registry, the domain cannot be cancelled or refunded, even within the legal period of fourteen (14) days.

7.2 Personalised Nature

A domain name constitutes a personalised product, registered according to the Client's specifications (choice of name, extension, and registrant contact information). This personalisation justifies the exclusion of the right of withdrawal.

Article 8 - DNS Management

8.1 DNS Servers

The Client may configure the DNS servers for their domain from their client dashboard. By default, domains ordered with PulseHeberg hosting are configured to use PulseHeberg's DNS servers.

8.2 DNS Zone

For domains using PulseHeberg's DNS servers, the Client has access to a DNS zone management interface allowing them to create and modify DNS records (A, AAAA, CNAME, MX, TXT, etc.).

8.3 Responsibility

The Client is solely responsible for the DNS configuration of their domain. PulseHeberg shall not be held liable for any malfunctions resulting from incorrect DNS configuration by the Client.

Article 9 - Data Protection and WHOIS

9.1 WHOIS Data

In accordance with registry rules, certain registrant data may be published in the public WHOIS database. The nature of the data published depends on the extension and the rules of the managing registry.

9.2 Privacy Protection

For extensions that allow it, PulseHeberg may offer a WHOIS data masking service (WHOIS privacy). This service, when available and activated, allows the registrant's contact information to be replaced with generic details in the public WHOIS database.

9.3 Disclosure to Authorities

PulseHeberg may be required to disclose the registrant's actual contact information to competent authorities upon judicial requisition, or to the registry upon legitimate request.

Article 10 - Suspension and Deletion

10.1 Suspension by PulseHeberg

PulseHeberg reserves the right to suspend a domain name in the event of:

• Violation of these SC or the CGU/CGV
• Non-compliance with the extension's naming charter
• Use of the domain for unlawful purposes
• Default of payment

10.2 Suspension by the Registry

The Client is informed that the managing registry of the extension may suspend or delete a domain name at its own initiative, particularly in the event of a dispute, inaccurate contact information, or violation of its charter. These decisions are binding on PulseHeberg, which cannot oppose them.

10.3 Abusive Use

PulseHeberg reserves the right to block or suspend a domain name used for phishing, identity theft, or imitation of a brand, organisation, or company, whether the associated hosting is with PulseHeberg or not.

Article 11 - Liability

11.1 Client Liability

The Client is solely responsible for the choice, use, and management of their domain name. It is the Client's responsibility to verify that the chosen domain name does not infringe upon the rights of third parties (trademarks, trade names, personality rights, etc.).

11.2 Domain Name Disputes

In the event of a dispute concerning a domain name (UDRP procedure, Syreli, ADR, etc.), the Client undertakes to cooperate with PulseHeberg and to provide the necessary information. PulseHeberg shall comply with decisions rendered by the competent bodies.

11.3 Limitation of Liability

PulseHeberg shall not be held liable for:

• Decisions made by registries regarding the registration, renewal, transfer, or deletion of domains
• The loss of a domain resulting from the Client's failure to renew
• Consequences related to the use of a domain infringing upon the rights of third parties
• Disputes between the Client and third parties relating to the domain name

Article 12 - Duration and Termination

12.1 Duration

The domain name registration contract is concluded for the duration chosen by the Client at the time of order (generally one year), renewable by automatic renewal.

12.2 Termination by the Client

The Client may request the deletion of their domain name at any time from their client dashboard or by support ticket. Deletion is permanent and irreversible. No refund shall be granted for the remaining period.

12.3 Termination by PulseHeberg

PulseHeberg reserves the right to terminate the contract and delete the domain in the event of violation of these SC, the CGU/CGV, or the registry's rules, without notice in the event of a serious breach.