Appendix 1. Agreement about Trustee service

1. Subject of the Agreement
 
1.1. The customer as a beneficiary desires to register a domain name under top-level-domains .ar, .asia, .bg, .br, .ca, .cl, .co, .cu, .de, .eu, .fr, .hk, .hu, .id, .it, .kr, .lu, .my, .nl, .py., .sg, .se, .sk, .sv, .th using the services of the Trustee.
1.2. Whereas the customer resides outside the country that owns the domain zone and consequently may not register a domain name under the Top-Level-Domain as a result of the registration rules, the customer authorizes the Trustee to register the desired domain name at MT Management Group Limited and to administer the domain name during the duration of this contract.
1.3. The Trustee agreement will only become effective upon the direct payment to MT Management Group Limited by the customer and the successful registration of the domain name.
1.4. The Trustee will pre-check each name before it is sent to the registry. Performing this pre-check, the Trustee has the right to deny a domain name in case of conflicting legal-, brand related- or other reasons he might think of being of importance and therefore not allowing a registration using the Trustee.
 
2. Rights and obligations of the Beneficiary
 
2.1. The customer guarantees that neither the domain applied for nor the contents to be placed on a corresponding website violate any third-party rights (e.g., trademark, name-use rights and copyrights), statutory bans of an European Union member state or generally-accepted moral precepts; in particular the Customer will not place any pornographic content, offers for gambling or contents that support or glorify terrorism on the website reachable under the domain name.
The Customer shall post an Imprint (Acknowledgement Notice) on the website which meets the requirements of the European Commission’s Directive 98/34/EC, OJ L 204 of 21.6.1998, p. 37, in the version of the Directive 98/48/EC, OJ L 217 of 5.8.1998, p. 18.
2.2. The customer undertakes to inform the Trustee immediately and in writing by mail, fax or e-mail on all events relevant to the registration of the domain, in particular any change of the Beneficiary or initiation or if the customer is threatened with legal action or if legal action is taken against the customer.
2.3. The Trustee agreement shall not have the right to assign the rights and obligations rising from this contract to a third party without written consent of the Trustee.
2.4. The customer shall indemnify the Trustee from all costs, damages and prejudices arising from third parties asserting claims - justified or false - judicial or extra-judicial - on the grounds of the domain registration and calling upon not only the domain holder, but also the Trustee, or exclusively upon the Trustee.
 
3. Rights and obligations of the Trustee
 
3.1. The Trustee undertakes to fullfill all tasks assigned to him as the registrant of the domain name in trust in the customer`s interest. He will comply with the customer`s respective instructions provided they are not in contravention of the law of a European Union member state or any of the contractual agreements of the two parties.
3.2. The Trustee will without further delay inform the customer on all questions concerning the domain registration. To the extent possible, he will not take any decision without prior consultation with the customer.
3.3. The Trustee shall only be liable for damages, if he violates a material obligation under the agreement endangering the purpose of the agreement or if the damages arise from intention or gross negligence.
 
4. Resolution of disputes with third parties
 
4.1. In case the Trustee is called upon by a third party to release or delete the domain, the customer shall within the time limit (48 hours) declare in writing if he agrees to the release or if he wants to defend the domain.
4.2. Should the customer agree to the release, the Trustee will declare the deletion of the domain and will inform the third party/claimant. The agreement between the Trustee and the customer shall be terminated by this declaration. A notice of termination is not required.
If the customer does not execute a declaration, the Trustee shall be entitled to place the domain or to delete the domain.
4.3. In case the customer informs the Trustee that he wants to defend the domain, he shall within 2 days cede to the Trustee a collateral (cash payment/wire transfer) in the amount determined by the Trustee at reasonable discretion and abutted on the court fees act and the regulations regarding attorney`s fees of the European Union`s member states, will secure the Trustee`s claim for indemnification on the grounds of court fees possibly borne by him.
 
5. Contraventions
 
5.1. In case the domain name as such or the contents posted on the web site accessible via the domain name contravene applicable law, in particular penal regulations, the Trustee has the right to have the domain deleted without prior warning and to terminate this contract with immediate effect.
 
6. Duration of the Agreement
 
6.1. This agreement shall be concluded for an indefinite period, but will only remain effective as long as a domain remains with MT Management Group Limited as provider.
Accordingly, the trust service will be terminated independently of the continuation of the existing agreement with MT Management Group Limited, if the customer transfers the domain from MT Management Group Limited to another provider or applies for the deletion of the domain.
6.2. The Trustee and the customer denounce their right of termination of contract.