Special Terms of Sale and Use : Domain Names

These are the Special Terms of Sale and Use : Domain Names of Genious Communications S.A.R.L.
This document was last updated on 17 / 12 / 2020

Preamble

These Special Terms of Sale and Use (hereinafter referred to as “STSU”) form the Agreement (“Agreement”) between Genious Communications and any person subscribing to Genious Communications’ Domain name service (hereinafter the “Customer”) and sets forth the terms and conditions of Your use of Domain name Service.

By using the Domain name Services, the Customer acknowledges that He has read, understand and agree to be bound by all the terms and conditions of this Agreement, and further agrees to be bound by the terms of this Agreement for transactions entered into by anyone who uses the account, whether or not the transactions were on the Customer’s behalf and/or authorized by Him.

Any reservation request implies prior acceptance and subject to the administrative and technical naming rules governing the requested domain name and acceptance, of the rules for resolving any conflicts that may arise between the Client as the domain name owner and any third-party claiming rights to all or part of this name.

1. Subject

The purpose of these Special Terms and Conditions of Sale and Use and their Appendices, which supplement the General Terms and Conditions of Sale and Use of Genious Communications Services (GTSU), is to define the conditions for the registration, renewal and transfer of domain names.

The Customer registers the available domain names according to the offers provided on Genious Communications Website.

These Special Conditions and their Appendices shall prevail over the General Conditions if a contradiction should appear between these documents.

2. Domain Name registration

Domain name’s registration requests are made via the subscription/registration form available on Genious Communications website. Any incomplete information on the form will lead to the registration failure.

The Customer can choose his domain name as long as it is available and as long as he respects the naming charter corresponding to the chosen extension. The availability of domain names on the Genious Communications Website is, however, purely indicative. The same applies to the booking confirmation sent by e-mail as soon as the registration formalities have been completed and the registration fees have been paid.

Genious Communications will forward the Customer's request to the Registry within from receipt of all information relating to the Customer. Genious Communications will not be liable for technical difficulties beyond its control in the transmission and recording of data by the Registry.

Only the Genious Communications validation after verification and actual registration by the Registry or by the regulatory authority will constitute registration. This validation is done within 2 working days after confirmation, except in the case of a fortuitous event.

Genious Communications informs the Client that domain names are allocated for use to the eligible party that first made the request in accordance with these Terms and Conditions, the rules prescribed by ICANN and the naming decisions governing the requested domain name.

In the event of any contradiction between these Special Terms and Conditions and the General Terms and Conditions, the Special Terms and Conditions shall prevail. In the event of any contradiction between these Special Conditions and the Annexes, the Annexes shall prevail.

3. Duration and Renewal of the contract

The duration of this Agreement is that subscribed to by the Customer when placing the order, including the duration of any renewal of the domain name.

At the time of the Order, the Customer selects the initial duration of the domain name registration. The Initial Term begins on the day of receipt of Genious Communications mail that validates the domain name’s registration. At the end of the Initial Term, the Customer chooses whether or not to renew the Service.

Genious Communications undertakes to inform the Customer of the expiry of his domain name thirty (30) days and ten (10) days before the expiry date with an additional reminder five (5) days after the expiry date.

4. Suspension of expired gTLD domain names

The Client accepts that the registration of the domain name may be suspended in application of any procedure adopted by ICANN, ANRT or in application of a WIPO decision.

5. Redemption of expired gTLD domain names

If the renewal is forgotten, the gTLD domain name will enter into the 3 phases detailed below which will allow the Customer to recover his domain name.

The first phase is the renewal grace period, which lasts (thirty-six) 36 days from the domain name's expiration date.

If after this period the Customer has not renewed his gTLD domain name, the latter enters a second phase which corresponds to the redemption period which is (thirty) 30 days during which the Customer can buy back his domain name for 1,999.00 MAD excluding VAT.

Finally, the period "in the process of deletion", from this phase onwards no further action is possible to recover the domain name. After five (5) days, the Customer's gTLD domain name will be deleted and will become available for registration for everyone.

The redemption terms of ccTLD domain names, “.MA” domain names in particular, are available in Appendix 2.

6. Transfer of the gTLD domain name

If the Customer wants to transfer his domain name to another service provider, he must:

  1. First wait sixty (60) days after the domain name registration to have the possibility to transfer it,
  2. Then note the EPP code available in the Customer area,
  3. Finally, disactivate the registrar lock to unlock the domain name.
Thus, Genious Communications will be able to take into account the request for termination of the Service relating to domain names and verify the validity of the request of the new domain name provider.

Genious Communications shall not be liable for the failure of a domain name transfer for reasons beyond its control (including if the transfer fails for reasons within the control of the Registry). Genious Communications reserves the right to charge the Customer for any new transfer request.

6.1. Transfer or forced cancellation

Any enforceable court decision notified to Genious Communications as well as any arbitration award duly notified to Genious Communications involving the transfer or cancellation of the domain name registered by the Customer will be enforced as is and on the spot by Genious Communications without prior notice to the Customer.

6.2. Voluntary transfer or cancellation

Any voluntary transfer of a domain name by a change of registrar may be made in accordance with the terms and conditions of the domain in question. The transfer to Genious Communications will be effective as soon as the transfer is validated by the Registry, subject to the absence of any ongoing proceedings, whether voluntary or contentious, between the Customer and Genious

Communications, or in the event of recourse by a third party, and subject to the transfer conditions specific to the domain.

In order for a domain name to be transferred from Genious Communications, the transfer request must be made to Genious Communications prior to the expiry of the domain name on behalf of the Customer by the new registrar.

The Customer acknowledges that any transfer of a domain name that is the subject of an appeal is prohibited.

Any transfer, request for transfer or cancellation of a domain name, for whatever reason, will not result in any refund of the sums collected by Genious Communications, unless it can demonstrate its effective responsibility.

7. Obligations and liability of the Client

7.1. Regarding prior rights

The Customer must check whether the domain name he wants to register is available with respect to prior intellectual property rights. In other words, the Customer must ensure that the domain name he wants to register does not correspond to a trademark, company name, trade name, sign, copyright or any other prior right. Genious Communications is under no obligation to carry out any verification in this respect and therefore cannot be held liable for any infringement and/or unfair competition actions that may result from the Customer's choice of domain name. The Client remains solely responsible for the consequences of any action brought by a third party on this basis.

7.2. Regarding STU and domain name governing rules compliance

By subscribing to the service relating to domain names, the Client declares that he has consulted and expressly accepted these terms and conditions, the rules prescribed by ICANN corresponding to domain names as well as any Naming Charter relating to any other TLD, in particular the Naming Decision for ".ma" domain names.

The Customer warrants to Genious Communications that the registration of his domain name and its direct and indirect use does not infringe:

  1. Applicable regulations
  2. Provisions of the GTSU and these STSU
  3. Rules prescribed by ICANN
  4. Naming charters
The Customer also guarantees that the domain name he wants to register:

  1. Does not undermine national security or public order
  2. Is not contrary to morals and good morals
  3. Does not harm religions
  4. Does not contain terms with racist connotations

7.3. Regarding the information to be provided

When placing his Domain Name Registration Order, the Customer is required to provide accurate and reliable contact information and to update it within seven (7) days of the effective date of the change via his Customer Area. This information is as follows:

  1. The full name, postal address, e-mail address, telephone number, fax number if available and, if the Customer is a legal entity, the name of the administrative contact representing it.
  2. The full name, postal address, e-mail address, telephone number, fax number if available and, if the Customer is a legal entity, the name of the technical manager for the registered domain name.
The Customer warrants the accuracy of the information provided to Genious Communications and acknowledges that the provision of inaccurate personal information, particularly for the purpose of attempting to obtain a domain name on a near-anonymous basis, is prohibited and will result in the immediate termination of the account and the related domain name(s).

Should any element of the booking request be subject to an addition, clarification or modification, Genious Communications will notify the Customer by e-mail of its request, to which the Customer undertakes to respond within a maximum period of fifteen (15) calendar days. During this period, the chosen domain name is not subject to a provisional reservation and does not give rise to any prior rights.

In addition, the Client assures having had the authorization to disclose the contact details of the persons indicated on the form and will bear all the consequences, of any nature whatsoever, including pecuniary, that may result from the absence of the mandate of the persons whose data has been transmitted.

Thus, the Customer assumes full responsibility for the data communicated and assures Genious Communications that the person in whose name the domain name is registered has expressly or tacitly mandated it to do so. Genious Communications shall not be held liable in the event that the mandate between the holder and the Customer is invalid.

7.4. Regarding the Customer’s website content

The Customer is solely responsible for the content of his or her Website and agrees to indemnify Genious Communications against any legal or extrajudicial action or claim by a third party based on such content.

The Customer undertakes to ensure that the content of its website complies with the laws and regulations in force. The Customer acknowledges that it is forbidden to publish any form of content associated directly or indirectly (via hypertext links):

  1. To pirated programs
  2. Has a racist character
  3. To pornography
  4. To pedophilia
  5. Illegal activities
Genious Communications reserves the right, at any time and without notice, to take any content that it believes does not comply with the regulations in force in its country of origin offline.

8. Obligations and liability of Genious Communications

Genious Communications will inform the Customer of any information or notification concerning the Customer as soon as it is received by the Registry.

Genious Communications will use reasonable efforts to ensure that the information under its control is updated within a reasonable period of time.

Genious Communications is obliged to provide the Customer with the authorization code for his domain name free of charge within one working day of receipt of the said request.

Genious Communications undertakes to provide all necessary support to Customers in order to provide the information required for registration, renewal, termination or transfer.

9. Genious Communications' Additional Reservation of Rights

Genious Communications reserves the right to refuse any application for registration of a domain name that it believes to be contrary to the provisions hereof, to the rules adopted by the domain name registry or the Naming Decision or any document governing the requested extension, and to applicable regulations.

If the competent authorities consider that a Customer's domain name is detrimental to public safety or public order or is contrary to morality and decency, the registry reserves the right to delete it following a written request from them.

Genious Communications reserves the right to refuse the registration of a domain name if it believes that the domain name does not comply with these STU or applicable regulations within 7 (seven) days of receipt of the Customer's registration request. Genious Communications shall not be liable for any prejudice that the Customer may suffer as a result of such refusal.

Genious Communications expressly reserves the right to refuse, cancel, terminate, suspend, lock, or modify access to any account or service for any reason, including but not limited to:

  1. To protect the integrity and stability of any domain name registry,
  2. To comply with court judgements against your domain name or website,
  3. Responding to an excessive number of complaints related in any way to the Customer's domain name or website content that could harm the business, reputation or shareholders of Genious Communications.
Finally, Genious Communications reserves the right to suspend the Customer’s:

  1. If the corresponding contact details would appear to him to be incorrect or fictitious,
  2. During a dispute resolution procedure.

10. Limitation of liability of Genious Communications

Genious Communications shall not be liable to the Customer or to any third party for any prejudice, loss or damage that may arise as a result of:

  1. Loss / impossibility to register a Domain Name;
  2. The use by a third party of the Customer's Domain name;
  3. Delay or interruption of access to the Domain Name’s registration system;
  4. The provision of erroneous or incomplete information by the Client;
  5. Events beyond the reasonable control of Genious Communications;
  6. An error in the processing of any registration application by the registry;
Furthermore, Genious Communications cannot be held liable for any direct and indirect and/or immaterial damages of the Customer, even if Genious Communications has been advised of the possibility of such damages.

To the extent permitted by law in each applicable jurisdiction, Genious Communications, its directors and employees are not liable to Customers for any website content published, emailed or otherwise made available via the Genious Communications Services.

11. Termination

In addition to the cases referred to in the General Terms and Conditions, Genious Communications reserves the right to terminate these Terms and Conditions in the event of a breach of these Terms and Conditions:

  1. Incorrect provision of information when registering or renewing a domain name,
  2. Failure to comply with the rules prescribed by ICANN or by a supervisory authority, in particular those referred to in the Annex, which are binding on the parties,
  3. Failure to pay the amounts due for the registration or renewal of the domain name,
  4. of non-compliance with public order, laws and customs in force.

12. Deletion of expired domain names

If the Customer does not renew the registration at the end of the self-renewal grace period, and in the absence of extenuating circumstances, Genious Communications may proceed to delete the Customer's domain name(s).

13. Operating license

The Customer acknowledges and agrees that, even if he grants a license to operate his domain name to a third party, he remains the official holder of the domain name and therefore the privileged interlocutor of Genious Communications. The Customer is therefore solely responsible to Genious Communications for all facts and actions relating to the registered domain name. It is therefore the Client's responsibility to verify the use of the domain name in accordance with the rules of both ICANN or the regulatory authority and the contractual rules of Genious Communications.

14. Transfer of domain name - change of domain name holder

The transfer of the domain name by the Customer to a third party is only enforceable against Genious Communications if:
  1. Genious Communications receives notification of the assignment by email;
  2. The transfer fee for a change of Owner is paid;
  3. The transfer documents are signed by the Registry and the transfer procedure specific to the domain concerned is respected.

15. Changes and completeness of CPVU domain names

Genious Communications reserves the right to modify these AUPs at any time. Such modification will be notified to the Customer by email and/or on the Customer Area.

The rules laid down by ICANN, ANRT and the regulatory authorities relating to domain names apply to these contractual relations.

Likewise, any modification of the conditions binding Genious Communications with the ANRT, ICANN or the regulatory authorities shall apply immediately and without prior notice to the Customer, who expressly accepts such modification, and such modifications shall be binding on Genious Communications.

16. Miscellaneous provisions

16.1. Personal Data

When registering or renewing a domain name, the Customer agrees to the collection, storage and processing of data concerning him/her by the registry and to the publication of the data in "WHOIS".

16.2. Absence of Cancellation right

The Customer acknowledges that the right of cancellation can in no case be exercised on the registration of a domain name and/or renewal of a domain name.

Appendix 1: Definitions

"Customer": refers to the applicant or the holder of the domain name.

"Domain Name": refers to a term made up of a sequence of characters and an addition also called extension (.ma, .net, .com, etc.). Each domain name corresponds to an IP address, and vice versa.

"Registrar" or "registrar": refers to the service provider responsible for the registration and management of domain names. It is an entity approved by ICANN. In these CPVU's this is Genious Communications. Registrars are accredited by the Registries.

"Registry" or "Registry": Entity responsible for the organization, administration and management of a TLD (.com, .ma, .net, etc.). The Registry's mission includes the accreditation of registrars, the registration of domain names requested by accredited registrars and the operation of servers. In Morocco, the Registry is the ANRT.

"ICANN" (Internet Corporation for Assigned Names and Numbers): A third party organization to the present contract, defining in particular the rules for allocating and managing Domain Names and their evolution.

"ANRT": means the Agence Nationale de Réglementation des Télécommunications.

"Naming Charter": refers to the set of rules governing a Top-Level Domain (TLD), i.e. access to a domain name (technical and legal conditions), but also its use with regard to public order and the rights of third parties.

"Mitigating Circumstances” : they arise in a UDRP (Uniform Domain Name Dispute Resolution Policy) action, a valid court order, bankruptcy of the Domain Name Holder, a dispute over payment (where the Domain Name Holder claims to have paid for the renewal, or there is a dispute over the amount paid), a dispute over billing (where the Domain Name Holder disputes the amount of an invoice), the Domain Name being sued in a court of competent jurisdiction, or other circumstances specifically approved by ICANN.

"Naming Decision": refers to all the rules governing the ".ma" extension, as defined in the ANRT/DG/N°12/14 decision of 27 moharram 1436 (November 21, 2014) relating to the administrative, technical and commercial management of ".ma" Internet domain names.

"WIPO": WIPO is the World Intellectual Property Organization.

"Whois": Online search tools allowing the Contact's information extracted from the shared database of domain names to be retrieved or the information of any domain name applicant to be obtained from the data communicated by the applicant.

"Period of validity of a ".ma" domain name”: Period running from the date of its creation or last renewal until its expiry date.

Appendix 2: Specific provisions for ".ma" domain names

When ordering the registration, renewal or transfer of domain names with the ".MA", ".MA", ". CO.MA", ".NET.MA", ".PRESS.MA" and " GOV.MA" extensions, the Customer accepts these DOTMA provisions.

1. Domain name registration

For any request for registration of a ".ma" domain name, the administrative contact must be established in Morocco.

In addition, when registering a new domain name, the Client must ensure that it is not included in the list of reserved terms established by the ANRT.

2. Expiration of the registration period of the ".ma" domain name and Renewal

2.1. Domain name expiration notification

Genious Communications undertakes to inform the Customer of the expiry of his domain name thirty (30) days and ten (10) days before the expiry date with an additional reminder five (5) days after the expiry date.

2.2. Renewal before the domain name expires

The Customer may renew his ".ma" domain name at any time in accordance with the Naming Decision for an annual period of one to five years.

2.3. Renewal after the domain name expires

Upon expiry of the Domain Name, the Customer is obliged to renew his Domain Name during the renewal grace period, which is 25 days from the expiry date.

3. Transfer of the ".ma" domain name

The Customer may request the transfer of the ".ma" domain name to another person as well as the change of the Service Provider at any time, subject to compliance with the terms of the Naming Decision and this Agreement. To do so, the Customer may request the authorization code for his domain name from Genious Communications. Genious Communications undertakes to provide this code within three (3) days from the date of receipt of the request.

4. Cancellation of the ".ma" domain name

4.1. Cancellation before the domain name expires

The Customer may at any time terminate his domain name, before its expiry date, with Genious Communications using the termination form available in his Customer Area.

From the date of cancellation, the Customer will have a cancellation grace period which lasts 30 days after the date of cancellation.

During these 30 days, the Customer may re-register his domain name at any time, in accordance with the registration process in force. In this case, the domain name will be activated with a new creation date and for the requested period and will thus be invoiced to the Client.

If the Customer does not re-register his domain name at the end of the grace period, the domain name is definitively deleted.

4.2. Cancellation after the domain name expires

As mentioned above, after the expiration of the ".ma" domain name, it enters into a renewal grace period of thirty (30) days during which the Customer may either renew his domain name or terminate it.

In the event that the Customer does not pay the renewal fee for the ".ma" domain name or does not request termination during the renewal grace period, Genious Communications may terminate the domain name.

At the end of the renewal grace period, the ".ma" domain name is definitively deleted by the ANRT.

5. Obligations and responsibilities of the Client

The Customer acknowledges having read the provisions of the Naming Decision, agrees to be bound by all the provisions of this Decision in the version adopted and amended by the ANRT and undertakes to comply with them. The said Decision is available on the ANRT's website.

Likewise, any modification of the conditions binding Genious Communications with the ANRT shall apply immediately and without prior notice to the Customer, who expressly accepts such modification, and such modifications shall be binding on Genious Communications.

At the time the order is placed, the Customer acknowledges and accepts that: - Its data is collected, stored and processed by the ANRT, and published on the "WHOIS" platform; - The ANRT may transmit certain data relating to him to the competent authorities or to a third party in accordance with the applicable legislation; - The Administrative Contact he designates for his domain name must be established in Morocco.

6. Obligations and responsibilities of Genious Communications

Genious Communications is committed to: - Proceed with modifications concerning the domain names and the Registrants of the domain name on the Registry, each time the said modifications are communicated to it by the Client; - To provide the Customer with a website containing its complete and updated contact details, and to publish on the same website all changes made by the ANRT to the regulatory provisions and procedures for the registration and management of; - Bring to the Customer's attention any information or notification concerning it as soon as it is received from the ANRT; - Immediately inform the Customer concerned of any freezing, blocking or deletion of a domain name by the ANRT, giving the reason as communicated by the ANRT.

7. Dispute resolution for the ".ma" domain

The Customer undertakes to submit to the alternative dispute resolution procedure, and to any decision of the ANRT concerning the registered ".ma" domain name.

In accordance with the decision to name the ".ma" domain, the Rules on Alternative Dispute Resolution Procedure for the ".ma" domain are applicable to ".ma" domain names relating to a trademark or service mark protected in Morocco. These rules apply to all domain names registered with the ANRT. The defendant submits to them by accepting the terms of the naming decision.