Table of contents
1. About the right of use to a .dk Domain Name
2. Administration of Domain Name
3. Application for the right of use to a Domain Name
4. Accurate contact information
6. Requirement of connection to name servers
7. Registrant’s Transfer of a Domain Name and termination of Agreement
9. Unlawful use of a Domain Name
11. Complaint and case administration requirements
12. Changes to Terms and Conditions
About the right of use to a .dk Domain Name
1.1 These terms and conditions for the right of use to a .dk domain name (hereinafter "Terms and Conditions") lay down conditions for obtaining the right of use to a second-level domain name under the .dk domain, including rights and obligations in connection with the use of such a .dk domain name (hereinafter "Domain Name").
1.2 These Terms and Conditions are laid down by Punktum dk A/S (hereinafter " Punktum dk ") and are accepted upon the conclusion, renewal, or extension of an agreement with Punktum dk on the right of use to a Domain Name (hereinafter the "Agreement").
1.3 An "Applicant" is a legal or natural person who submits an application for a Domain Name to a “Registrar” of his choice. A Registrar can be established both within and outside the EU and sells Domain Names based on a valid Registrar contract with Punktum dk.
An Applicant can only be considered for the right of use to a Domain Name that is not already registered or suspended.
1.4 An Applicant who has been granted the right of use to a Domain Name by submitting an application for registration of a Domain Name or a legal or natural person who has had a Domain Name transferred becomes a "Registrant" by concluding the Agreement with Punktum dk. The Terms and Conditions are an integral part of the Agreement between the Registrant and Punktum dk.
1.5 An Agreement on the right of use to a Domain Name and a renewal or extension thereof shall not be covered by the provisions on the right of cancellation in the Danish Consumer Contracts Act (forbrugeraftaleloven), cf. the exception in Section 18.2(13) in the Danish Consumer Contracts Act (forbrugeraftaleloven).
1.6 Punktum dk may cancel the Agreement as described in detail in these Terms and Conditions, including if a Registrant does not meet his/her obligations. In such cases, a registrant is not entitled to reimbursement of any payment for a Domain Name.
When an Agreement is cancelled for whatever reason, it implies that the Domain Name is suspended for a period of 30 days, after which the Domain Name is deleted. From the time of suspension, Punktum dk will no longer publish information about the Registrant and its possible proxy in Punktum dk's publicly available WHOIS database.
Suspension of a Domain Name means that the Domain Name is disconnected from name servers, so that amongst other websites in its entirety and email addresses associated with the Domain Name will be out of order.
Deletion of a Domain Name means that the Domain Name is again available for registration.
2. Administration of Domain Name
2.1 A Registrant may choose one of two possible arrangements for managing the right of use to the Domain Name:
1. By agreement with a Registrar the Registrant authorizes the Registrar to take certain actions on behalf of the Registrant (hereinafter “Registrar Management”), which collectively include:
- Make payment to Punktum dk in connection with a conclusion of Agreement and the renewal and extension thereof, and with a restoration of a Domain Name, which has been suspended where this is possible according to these Terms and Conditions.
- Update the Registrant's contact information: E-mail address(es), telephone number(s) and contact person. If the Registrant is resident outside Denmark or cannot be locked to the CPR or CVR register, the postal address can also be updated by the Registrar.
- Carry out a check of the Registrant's identity and contact information, if the Registrar has chosen to be responsible for this.
- Manage name servers: Secure connection of at least two authoritative name servers, change name servers, attend to security measures, including about DNSSEC, and register name servers under the Domain Name.
- Carry out Domain Name transfer.
- Terminate the Agreement.
2. The Registrant may take certain actions himself to manage the right of use to a Domain Name or by agreement let others assist (hereinafter “Registrant Management”). This assistance may include the following:
- The Registrant may agree with another legal or natural person that the person in question should be appointed billing contact for the Registrant's Domain Name, which thus handles all payments to Punktum dk on behalf of the Registrant.
- The Registrant may agree with another legal or natural person that the person in question should be appointed proxy to act on behalf of the Registrant to a limited extent, which includes: Initiate change of name servers, attend to security measures, including DNSSEC, register name servers on the Domain Name, change the registration period for a Domain Name, replace the billing contact for the Registrant’s Domain Name etc.
2.2 The billing contact and the proxy’s options to act on behalf of the Registrant, cf. section 2.1, no. 2, are described in more detail on Punktum dk’s website.
In relation to Punktum dk, the Registrant is responsible for ensuring that the contact information about the billing contact and the proxy are accurate. For proxies who are legal entities, at least one e-mail address and one telephone number that do not contain personal data must be provided.
2.3 With Registrar Management a Registrant is entitled at any time to make a change to Registrar Management by another Registrar or a change to Registrant Management. A change as mentioned above can only be carried out once a possible control according to section 4.3 or 4.4 has been completed.
If the Registrar with whom the Registrant has an agreement does not have a valid Registrar Contract with Punktum dk, Punktum dk will make a change for the Registrant, to Registrant Management.
2.4 With Registrant Management a Registrant may make a change to Registrar Management of a Domain Name if there are no unpaid invoices from Punktum dk regarding the Domain Name.
3. Application for the right of use to a Domain Name
3.1 An application for the right of use to a Domain Name must be made through a Registrar.
3.2 The Applicant must enable the Registrar to submit an application to Punktum dk with the following information:
- The Domain Name applied for.
- The registration period, i.e., the requested period of the Domain Name registration.
- The names of at least two authoritative name servers that are registered with Punktum dk.
- Choice of management arrangement, cf. section 2.1.
- The applicant's own correct contact information details, i.e. full name, one physical postal address, telephone number(s) and email address(es). For legal entities, at least one e-mail address that does not contain personal data must be provided. CVR number if the applicant is a Danish legal person.
In addition, if an application is made for a Domain Name that Punktum dk offers separately to an Applicant who is on the waiting list, the Applicant must submit an application for the Domain Name to a Registrar and ensure that the Registrar can pass on an associated code issued by Punktum dk.
3.3 The registration period starts when Punktum dk registers the Domain Name after having ascertained:
- that the Domain Name is not already registered or suspended,
- that the application contains the information stated in sub-clause 3.2, and
The first registration period runs from the date when Punktum dk registers the Domain Name and until the end of the period as applied for.
4. Accurate contact information
4.1 A Registrant must ensure that his identity and contact information in Punktum dk's systems is accurate at all times. This means that the Registrant's identity and contact information must be accurate and up to date, as follows:
- that Punktum dk has, as a result, registered the Registrant with correct identity and contact information and
- that it is possible at any time to find out who is behind a domain name as Registrant and
- that the Registrant can be contacted directly.
4.2 With Registrant Management, the Registrant must ensure accurate identity and contact information in the manner specified by Punktum dk.
With Registrar Management a Registrant has given a Registrar permission to update email address(es), telephone number(s) and contact person on his behalf. If the Registrant is resident outside Denmark or cannot be locked to the CPR or CVR register, the postal address can also be updated by the Registrar.
4.3 The registrar can choose to carry out data and ID control.
As part of controlling the Registrant's identity and contact information, the Registrar can carry out an investigation of the information linked to the registration of the Domain Name. The Registrar specifies the control measures the Registrant must follow.
The Registrar decides on whether the Registrant has completed the data- and ID control as specified. If the Registrant does not complete the data- og ID control as specified, the Agreement can be terminated.
Such a decision may apply to all Domain Names to which a Registrant with the relevant contact information has a right of use.
4.4 Punktum dk can carry out data and ID control.
As part of controlling the Registrant's identity and contact information, Punktum dk can carry out an investigation of the information linked to the registration of the Domain Name. Punktum dk can also, as part of controlling that the Registrant's identity and contact information are accurate, specify the control measures methods that the Registrant must follow. It may include:
- electronic identification,
- request to submit documentation in Danish or English or other languages supported by Punktum dk for the Registrant's identity and contact information as they appear in Punktum dk's systems or
- updating contact information at the request of Punktum dk.
If a Registrant cannot ensure that the identity and contact information are accurate, including that a request has not been answered, no later than 25 days after sending the request from Punktum dk, Punktum dk can decide to terminate the Agreement. Such a decision may apply to all Domain Names to which a Registrant with the relevant contact information has a right of use.
4.5 Notifications from Punktum dk to a Registrant are sent electronically via the contact information provided by the Registrant. Punktum dk is entitled to terminate the Agreement, even if the notification has not been received by the Registrant or for some other reason has not come to the attention of the Registrant.
4.6 Notifications from Punktum dk to a proxy in connection with data and ID control of the proxy's contact information are sent electronically via the contact information by which the proxy is registered.
Punktum dk is entitled to remove the proxy from the Domain Name if the proxy has not completed the data and ID control of his contact information. This applies even if the notification has not been received by the proxy or for some other reason has not come to the proxy's knowledge. Such a decision may apply to all the Domain Names for which a proxy with the contact information in question is a proxy.
5. Payment for a Domain Name
5.1 A Registrant pays a fee to have a Domain Name registered for a period (hereinafter "Domain Fee"). The domain fee for the first registration period of a Domain Name is paid to the Registrar. Thereafter, it is the Registrant who is then responsible for the further payment of the Domain Fee to Punktum dk. If the registrant has opted for Registrar Management, the Registrar will make the payment to Punktum dk.
5.2 The right of use to a Domain Name is renewed by payment of a Domain fee for a new period and may be extended during the registration period upon payment of a fee. When this payment is made, the Agreement with Punktum dk on the right of use to the Domain Name is renewed or extended at the same time.
5.3 With Registrar Management the Registrar is automatically responsible for payment of the Domain Name to Punktum dk, unless the Registrar has informed Punktum dk that the Agreement will not be renewed.
5.4 With Registrant Management, after the first registration period, a Registrant or the person who has been appointed to the billing contact of the Registrant’s Domain Name may pay the domain fee for renewal or extension of the Agreement direct to Punktum dk.
If the Registrant has appointed another person to be billing contact, Punktum dk will issue invoices and send notifications about payments to this person.
A Registrant or the person who has been appointed proxy by the Registrant cannot change billing contact for the Domain Name if there is an unpaid invoice from Punktum dk regarding the Domain Name.
5.5 If a registration period is not renewed by payment of a new Domain Fee, Punktum dk will suspend the Domain Name for a period of 30 days.
5.6 Against payment of a fee, a Registrant is entitled to have a Domain Name restored when the Domain Name has been suspended owing to non-payment of a Domain fee.
With Registrar management the Registrant has authorized a Registrar, on behalf of the Registrant, to have a suspended Domain Name restored when the suspension is due to non-payment of a Domain fee.
With Registrant management, payment can be made the restoring a suspended Domain name, without it being clear who is making the payment. In that case, however, it is a condition for renewing the registration period that the Registrant subsequently, in the manner specified by Punktum dk, declares that the Registrant wishes to renew the Agreement. It is also a condition that the Registrant ensures that the person's contact information is correct, cf. section 4.
5.7 If no new Domain Fee and fee for restoring the Domain Name have been paid during the suspension period, cf. section 5.5, Punktum dk deletes the Domain Name.
5.8. Punktum dk may unilaterally introduce or change fees if it is necessary to cover costs for supplying and operating services connected to the administration of Domain Names. An introduction to our change in fees may be caused by matters related to maintaining and updating user interfaces, IT systems and administrative operations; product development; changes in legislation or standards; inflation and regulations of price index; expenses to suppliers or other external parties, and measures to meet legal actions. Further elaboration of this is available on the website of Punktum dk.
5.9 All fees are stated on Punktum dk's website. All payments and payment information to Punktum dk must be made in the manner specified by Punktum dk.
6. Requirement of connection to name servers
6.1 A Domain Name must be connected to at least two authoritative name servers registered with Punktum dk by the legal or natural person who has control over the name servers in question.
If there are not at least two authoritative name servers connected to the Domain Name, Punktum dk may cancel the Agreement.
6.2 With Registrar Management the following applies:
- The Registrar must ensure that section 6.1 is met.
- The Registrar must attend to security measures on the Domain Name, including DNSSEC. The Registrar either offering the Registrant DNSSEC signing or informing who can offer this ensures the latter.
- Registrar must change name servers connected to the Domain Name if needed.
6.3 With Registrant Management the following applies
- The person who controls the name servers, cf. section 6.1, may attend to security measures on the Domain Name, including about DNSSEC. If a Registrar has this control, the Registrar must either offer DNSSEC signing or inform who can offer this.
- In so far as it is permitted by technical trade standards, Registrants can choose to attend to the above-mentioned security measures themselves, and Registrants can opt out of the security measures. This must be done in the manner specified by Punktum dk.
- A Registrant is entitled to initiate a change of the name servers connected to the Domain Name.
6.4 A change of name servers is done in the manner specified by Punktum dk and presupposes that the Domain Name has not been suspended by Punktum dk and that the name servers to which the Domain Name is requested to be changed are registered with Punktum dk and respond authoritatively for the Domain Name.
7. Registrant’s Transfer of a Domain Name and termination of Agreement
7.1 A Registrant is entitled to transfer a Domain Name to another natural or legal person in the manner specified by Punktum dk. Under Registrant Management a transfer can be carried out only when there are no unpaid invoices from Punktum dk regarding the Domain Name.
7.2 In the event of a transfer, the new Registrant enters the previous Registrant's pre-paid registration period.
It is a condition for the transfer that the new Registrant enters into an agreement on the right to use the Domain Name. In the event of a transfer, Punktum dk also controls the identity and contact information details of the new Registrant, cf. section 4.
7.3 A Registrant has the right to terminate the Agreement at any time, so that the Agreement terminates, and the Domain Name is suspended, on the termination date or at the end of the prepaid registration period. Termination is carried out in the manner specified by Punktum dk.
With Registrar Management the Registrant authorizes the Registrar to terminate the Agreement on behalf of the Registrant.
7.4 If a Registrant terminates the Agreement within a registration period, Punktum dk will make an electronic payment of any excess amount to the Registrant. An amount is paid that corresponds to the Domain fee for the remaining part of the prepaid registration period with deduction of a termination fee.
7.5 When an Agreement has been terminated by the Registrant the Domain Name is suspended for a period of 30 days and is subsequently deleted, unless the Registrant, upon payment of a fee, has regained the right of use by restoring the Domain Name before the end of the suspension period.
With Registrar Management the Registrant must authorize Registrar to restore the Domain Name on behalf of the Registrant and make payment for restoring the Domain Name.
7.6 A Registrant cannot transfer a Domain Name in the following instances:
- When the Danish Complaints Board for Domain Names has begun hearing a complaint concerning the Domain Name in question and for as long as the complaint is being handled by the Complaints Board.
- When Punktum dk has received documentation that legal proceedings have been instituted before a court concerning the Domain Name and for as long as it can be documented that the case is under court proceedings.
- When Punktum dk has become aware that the Registrant has gone bankrupt or has passed away, and until the estate takes possession of the Domain Name or the estate is closed.
- When Punktum dk, based on a complaint, has initiated a case about the unlawful use of a Domain Name, and as long as this case is under Punktum dk's processing.
- If a control of the Registrant's identity and contact information has been initiated, and as long as this control is ongoing.
- If an invoice has been issued where payment has not yet been registered with Punktum dk.
- If the Domain Name has been suspended for any reason.
8. Release of data
8.1 A Registrant is entitled to gain access to data of which Punktum dk is in possession on a Domain Name of which the person in question is or has been a Registrant. However, a Registrant can only gain access in relation to the period during which the person in question was a Registrant of the Domain Name.
8.2 A Registrant is entitled to gain access to information about a Registrar related to the Registrant and for the period, he or she has been the Registrant of the Domain Name.
8.3 Punktum dk may release or give access to a Registrant’s identity and contact information and any other information related to the Domain Name to the following:
- A Registrar who manages the Domain Name on behalf of a Registrant as part of Registrar Management or a Registrar carries out data and ID control.
- A Registrar or another third party who, by agreement with the Registrant, has been appointed billing contact or proxy.
Information about the Registrant and the Domain Name can only be released to the Registrar or third party for the period he or she has an agreement with the Registrant.
8.4 On request, Punktum dk may release or give access to data on a Registrant or on a registered Domain Name to other natural and legal persons than those mentioned in sections 8.1 and 8.3, who have a right to such release in pursuance of Danish legislation.
9. Unlawful use of a Domain Name
9.1 Punktum dk may suspend a Domain Name if:
- There is an obvious risk that the spelling or typing errors of internet users when they type an URL in an address bar are used to create confusion with a different almost identical Domain Name and thereby generate traffic on their own website,
- The Registrant of the Domain Name that is exploited in the case of confusion submits a notification,
- The Domain Name that is exploited in the case of confusion and the notified Domain Name are active in relation to the public, for example for the operation of a website,
- The notified Domain Name is registered within the last 5 years, calculated from the date of notification and at a later time than the notifier has had its Domain Name registered to him,
- The Registrant of the notified Domain Name does not have relevant trademark rights or rights to names or other distinctive marks or any other technical reason to make use of the Domain Name, and
- The Registrant of the notified Domain Name and/or a legal or natural person who is closely related to the Registrant has registered at least two other Domain Names with a corresponding obvious risk of confusion as mentioned above.
Punktum dk will not decide on suspension of the notified Domain Name until the Registrant of the Domain Name has had an opportunity to make a statement in the case.
The Registrant of the notified Domain Name gets a deadline of 72 hours to make a statement. The deadline is calculated from the time when Punktum dk sends the notification to the Registrant with a request for the Registrant to make a statement.
Suspension of the Domain Name is maintained for four weeks or if the decision on suspension is brought before the Complaints Board for Domain Names until the decision of the Board in the case.
After the expiry of the suspension period, Punktum dk deletes the notified Domain Name unless the notifier has prior to this requested Punktum dk to have the Domain Name transferred.
9.2 Punktum dk may suspend a Domain Name if:
- The Domain Name is used in connection with an obvious risk of economic crime, compromising of IT equipment, for example phishing and malware distribution, and/or content of a highly offensive nature, and
- The use of the Domain Name creates a risk of confusion with the Domain Name, name, logo, trademark, or other distinctive marks of another natural or legal person,
- The circumstances call for not awaiting a decision from the Complaints Board for Domain Names or the courts.
Suspension of the Domain Name is maintained for four weeks or if the decision on suspension is brought before the Complaints Board for Domain Names until the decision of the Board in the case.
After the expiry of the suspension period, Punktum dk deletes the Domain Name unless the Registrant has documented to Punktum dk that the circumstance that motivated the suspension no longer exists.
9.3 Punktum dk may suspend a Domain Name if:
- The Domain Name is used in connection with manifestly illegal acts or omissions that infringe substantial considerations of security or public interest, and
- The circumstances call for not awaiting a decision from the Complaints Board for Domain Names or the courts.
Suspension of the Domain Name is maintained for four weeks or, if the decision on suspension is brought before the Complaints Board for Domain Names, until the decision of the Board in the case.
After the expiry of the suspension period, Punktum dk deletes the Domain Name.
9.4 Punktum dk may suspend a Domain Name if:
- The Domain Name is used in connection with manifestly illegal acts or omissions, and
- An injunction or prohibition in a specific case regarding illegal content on a website has first been sought against the infringer or other intermediaries than Punktum dk, who technically contribute to the spread of the illegal content, and
- Such an injunction or prohibition – in view of the purpose hereof - is not a real possibility or must be considered hopeless or has proved insufficient, and
- The circumstances call for not awaiting a decision from the Complaints Board for Domain Names or the courts.
Suspension of the Domain Name is maintained for four weeks or, if the decision on suspension is brought before the Complaints Board for Domain Names, until the decision of the Board in the case.
After the expiry of the suspension period, Punktum dk deletes the Domain Name.
9.5 If the manifestly illegal act or omission is directly related to a specific Domain Name, Punktum dk may block the Domain Name and thereby prevent any new registration of the Domain Name.
9.6 Blocking a Domain Name means that Punktum dk ensures that the right of use to the Domain Name can no longer be obtained and that the Domain Name cannot be registered in Punktum dk’s systems and name servers cannot be connected.
10. Enforcement of decisions
10.1 Punktum dk transfers, deletes, or blocks a Domain Name if there is a decision on this from a court or an arbitration tribunal if the Complaints Board for Domain Names has decided in this respect or if a competent authority has issued a valid injunction in this respect.
Enforcement of a decision is carried out in the manner specified by Punktum dk.
10.2 A Domain Name that is subject to a court order on seizure is transferred to the police, who then becomes Registrant of the Domain Name.
11. Complaint and case administration requirements
11.1 Punktum dk makes decisions in accordance with these Terms and Conditions as soon as possible.
In the case of notification of a decision that is binding on a Registrant, Punktum dk provides guidance on the right to complain to the Complaints Board for Domain Names. Guidance on the lodging of a complaint is always available on the website of the Complaints Board.
12. Changes to Terms and Conditions
12.1 Punktum dk can unilaterally change these Terms and Conditions, and thus a Registrant is covered by the Terms and Conditions in force at any time. Punktum dk can change its prices in accordance with clauses 5.8 and 12.3 of these Terms and Conditions. Punktum dk can make other changes to the Terms and Conditions, among other things because of changes in the administration of .dk Domain Names, products, services, decisions by courts or authorities. legislation or market developments.
Punktum dk publishes minor changes to the modified Terms and Conditions no later than one month before the change comes into force.
A Registrant of a Domain Name is individually informed of major changes to these Terms and Conditions no later than one month before the changes comes into force. The registrant can terminate the Agreement before the changes come into force. If the Registrant does not terminate the agreement, the Registrant is deemed to have accepted the changes.
12.2 The price for services in accordance with the Terms and Conditions is index-linked without notice every year per 1 April with the annual increase in the index. The indexation takes place based on the Net Price Index, which is published by Statistics Denmark for October of the previous year. The price is adjusted with the percentage increase in the Net Price Index rounded up to the nearest whole 25 øre.
If publication of the Net Price Index ceases, Punktum dk may continue index regulation on the basis of another index published by Statistics Denmark.
12.3 12.3 These Terms and Conditions are available in Danish and English. In the event of discrepancies between the two versions, the Danish version shall prevail.
13. Limitation of liability
13.1 Punktum dk cannot be held liable for the loss that a decision to make a suspension, blocking, deletion or transfer of a Domain Name may involve and Punktum dk cannot be held liable for a Registrant’s indirect losses
13.2 Punktum dk cannot be held liable for a Registrant’s infringement of the rights of a third party.
13.3 The Registrant shall be obliged to indemnify Punktum dk in connection with any disputes on the right of use to a Domain Name.
13.4 Punktum dk is not liable for the loss suffered by a Registrant as a result of the enforcement of decisions under section 10.
13.5 Punktum dk’s liability for damages is in any event limited to no more than DKK 100,000 for each suspension, blocking, deletion or transfer of a Domain Name.
13.6 The limitations of liability shall not apply if Punktum dk has acted deliberately or with gross negligence.
14. Governing law and venue
A dispute between Punktum dk and a Registrant must be settled in accordance with Danish law. The venue is the Copenhagen City Court.
