Terms & Conditions

Terms of sale and delivery applicable as of 10th January, 2023 for RockyNordic ApS, CVR number 40440712, hereinafter referred to as RockyNordic.

1. Definitions

1.1 RockyNordic ApS’s current terms and conditions of sale and delivery, products, services and prices can be found on its website on the Internet (address rockynordic.com).

1.2 For these terms, the following definitions are given:

1.2.1 “Registrant” means the person or organization that has registered a domain name.

1.2.2 “Customer” means the person listed as the owner of the product in RockyNordic’s systems.

1.2.3 “TLD” means Top Level Domain (.dk, .com, .net, .nu are examples). gTLD means generic TLD (.com, .net, .org are examples). ccTLD means country code TLD (.dk, .it, .se are examples).

1.2.4 Domain means the alphanumeric address used to point to a device connected to a network, such as the internet. A domain can consist of one or more levels below the TLD.

1.2.5 “RFC” means Request for Comments, which is a document collection started in 1969 where anyone can publish approved articles on technical aspects of the internet and related areas. RFC is a contribution to the development of standards for the Internet. RFCs must be approved by The Internet Engineering Task Force (IETF, http://www.ietf.org), which is the official RFC editor.

1.2.6 “DNS” is an abbreviation for Domain Name System, which is based on a hierarchical and distributed management of domain names and IP addresses for communication on the IP-based network, the internet. The structure ensures a functional system and that domain names are unique and universally accessible according to RFC 1034 and RFC 1035.

1.2.7 “Zone file” means a file with data describing the technical setup of the domain name. The information contained in zone files is necessary for a domain name to function in DNS according to RFC 1035.

1.2.8 “Registrar” means the person or entity that has contractual responsibility to the registry for domain registration. The registrar is responsible for collecting information about the registrant and sending the zone file to the registry database.

1.2.9 “Registry” means the respective TLD responsible body that has been assigned overall responsibility for the administration and management of the TLD(s) to which it has been assigned.

1.2.10 “WHOIS” means a publicly accessible Internet-based database containing information about ownership and contact information associated with a domain name.

1.2.11 “Traffic” means the data traffic consumed in the delivery of data to and/or from a device connected to a network, such as the Internet.

1.2.12 “Free traffic” means that the product is not charged according to traffic consumption.

1.2.13 “Warehousing” means the registration of a domain name or domain names for the purpose of reselling them for profit.

1.2.14 “Product” means: webhotels, domains, server solutions and other related services or goods found in RockyNordic’s product range.

1.2.15 “ICANN” means “Internet Corporation For Assigned Names and Numbers”. The administrative body for all TLDs. Can be found at http://www.icann.org.

1.2.16 “Hosted-by-side” means a website whose content is controlled and determined by RockyNordic.

1.2.17 “UDRP” means the “Uniform Domain Name Dispute Resolution Policy”. This can be found at any time at: http://www.icann.org/dndr/udrp/policy.htm.

1.2.18 “Basic information” means information about personal name, company name, address, telephone number, e-mail address(es), fax number, CVR/CPR number and other contact information.

2. The Parties

2.1 This Agreement is entered into between RockyNordic and the Customer.

3. General Terms and Conditions

3.1 This Agreement enters into force when the Customer or a representative on behalf of the Customer submits an order to RockyNordic.

3.2 Products and services provided by RockyNordic that are not in use or not paid for can and may be used by RockyNordic for a hosted-by-side, unless otherwise agreed in writing between the parties.

3.3 RockyNordic is at all times entitled to demand the documentation required by RockyNordic or the Supplier to identify the registrant and/or customer before a change is made to a product.

3.4 Failure by the Customer to respond to requests from RockyNordic may be considered a breach of contract.

3.5 RockyNordic is entitled, if deemed necessary, to temporarily shut down access to any service related to this Agreement in order to perform maintenance or other services related to maintaining the operation of the Customer’s Product. However, RockyNordic shall endeavor to the extent possible to do so at times that are the least inconvenient for all parties. In connection with servicing, RockyNordic must try to complete this as quickly as possible. RockyNordic alone decides whether maintenance or other service in connection with the maintenance of operations is necessary.

3.6 If parts of these Terms are declared invalid, the remaining part of the Terms will still be binding.

3.7 These Terms and Conditions are subject to change. RockyNordic may unilaterally change these Terms. Changes to the agreement will be effective 30 days after publication on RockyNordic’s website. Payment of an invoice constitutes acceptance of the terms and conditions applicable at the time of payment.

3.8 The customer agrees that the production of the product takes place immediately upon the customer’s order.

3.9 As the production of the product is carried out upon ordering or as soon as possible thereafter, there is no right of withdrawal for any products unless specifically stated. No right of withdrawal can ever be granted on domains, as RockyNordic’s cost is binding at the time of ordering.

4. Product

4.1 No unsolicited mail (SPAM) or other generally unwanted material may be sent from RockyNordic’s systems. Any use of RockyNordic’s products and services must follow RockyNordic’s code of ethics.

4.2 In the event of breach of the Terms, RockyNordic is entitled to immediately and without notice delete the material, suspend the product and, in serious cases, close the product. Any remaining subscription period will not be reimbursed. If transferred data in connection with a product for which free traffic is included does not comply with RockyNordic’s free traffic guidelines, payment may be charged for the transferred traffic.

4.3 RockyNordic reserves full ownership of delivered goods and services until the total amount due has been paid, including shipping costs, interest and other collection costs RockyNordic may have. Ownership shall then pass to the Buyer.

4.4 Shared hosting

4.4.1 It is not acceptable to RockyNordic that the customer operates different websites within the same product, unless otherwise approved in writing by RockyNordic prior to the conclusion of this agreement.

4.4.2 Applications and services operated and executed on the server on which the Customer’s solution is located must not take up a significant part of the server’s resources, as RockyNordic may choose to stop the operation of the said application/service without the Customer’s further approval. It is up to RockyNordic to assess the resource consumption, including stopping the operation of the said application/service and subsequently contacting the customer about this.

4.4.3 It is strongly recommended that web hosting solutions on shared servers are in no way and not used for storage of personal data of any kind, including particularly sensitive personal data. Web hotels are located on shared servers where other customers’ code can compromise the entire server and thus indirectly give rise to cross-site scripting in some cases. If you have not secured your data through proper encryption, this can also give rise to the possibility of hacking websites. RockyNordic cannot and will not be responsible for the placement of such types of data on web hosting solutions and always refer our customers to use a dedicated server solution.

4.5 Dedicated hosting

4.5.1 In the case of dedicated hosting, such as virtual servers, physical servers and colocation, the costs of traffic, power and cooling are always added according to current cost prices plus administration fee/commission.

4.5.2 In the event of any attacks on the systems used by the Customer or other external circumstances over which RockyNordic has no control, RockyNordic is (without obtaining prior approval from the Customer) entitled to invoice time spent to resolve or minimize the extent.

4.6 Traffic

4.6.1 A Product and/or Service may be provided on a traffic usage or free traffic basis.

4.6.2 Free traffic: In connection with products that include free traffic, the traffic must follow normal usage patterns and the following, but not exhaustive, are not allowed: erotic, pornographic, offensive material, illegal material, .mp3 files, webcams, locations where you can download many programs, movies, music or other forms of large amounts of data. Server space may only be used for website operation and receiving e-mails. RockyNordic unilaterally defines which material belongs in the above categories. In case of doubt, material can be presented to RockyNordic, who will be able to inform whether the material is permitted in connection with a RockyNordic product.

5. Subscription

5.1 In order to take out a subscription, you must be of legal age.

5.2 RockyNordic reserves the right to reject orders or refuse to extend a subscription and is not obliged to give reasons for this.

5.3 The Customer is obliged to keep RockyNordic informed at all times of its current strain information via the systems that RockyNordic makes available to the Customer. A complete and valid postal address is required and information about a PO box is not sufficient. Failure to notify a change of address may result in the product being suspended and closed, with consequent fees in accordance with RockyNordic’s applicable prices for this, as stated on the company’s website.

5.4 RockyNordic is entitled to terminate a subscription with one month’s notice. If there has been a breach of any of these terms and conditions, RockyNordic is entitled to terminate the subscription with immediate effect. Any remaining period in connection with the termination of a product will not be refunded unless the product has been terminated by RockyNordic and it is subsequently documented that there has been no breach of the terms.

5.5 The subscription period for the selected product is decided by the customer at the conclusion of the transaction and can be freely changed subsequently, within the available subscription periods for the product, but no later than 30 days before the expiry of the subscription period, for activation upon renewal of the subscription.

5.6 Product changes for the next subscription period must be received by RockyNordic no later than 30 days before the end of the current subscription period. For immediate product changes, the following applies: If the product is changed to a more expensive product, the amount will be charged immediately. If the product is changed to a cheaper product, the price difference in the current subscription period will not be reimbursed. The product will automatically be renewed upon expiration unless notice of termination is received no later than 30 days prior to expiration. Domains must be cancelled no later than 60 days prior to expiration.

5.7 Termination of Virtual Servers and VPS units will be subject to 3 months’ notice before the server can be taken down. Final invoicing takes place at notice of termination. If hosting for the server has already been prepaid for a minimum of 3 months prior to the termination notice date, the server will only be taken down and hosting will cease at the end of the prepaid period.

5.8 Refunds will only be paid in cases where a solution has been prepaid and notice of termination of the same has been received before the solution is put into use.

5.9 Cancellations must be made in writing via RockyNordic’s systems.

5.9 Subscription type

5.9.1 Private subscriptions

5.9.1.1.1 A valid date of birth is required. In the event of late cancellation, a minimum charge will be made for the minimum subscription period for the product in question in accordance with RockyNordic’s applicable prices for this.

5.9.2 Business subscriptions

5.9.2.1 A valid CVR number is required. In case of late cancellation, the applicable subscription period will be invoiced.

6. Domains

6.1 RockyNordic is not and cannot be held responsible if a desired domain name cannot be registered.

6.2 Most domains are registered on a ‘first come, first served’ basis. RockyNordic cannot be held responsible for any delays in ordering and cannot be held responsible for a domain being registered to another party.

6.3 Information found via RockyNordic’s WHOIS check is retrieved via the respective registry’s WHOIS database or from RockyNordic’s top domain supplier. It is therefore not RockyNordic’s responsibility that this information is correct or updated.

6.4 RockyNordic is not responsible for the registration and use of domain names for illegal purposes and cannot be held responsible for domains being closed by the applicable registry or transferred to others.

6.5 Should the customer’s and/or registrant’s master information in RockyNordic’s systems be incorrect, RockyNordic may choose not to renew the domain if these are not updated no later than 60 days before the domain’s expiration date.

6.6 The Registrant shall at all times comply with any ICANN and/or registry rules regarding restrictions or prohibitions on warehousing.

6.7 Some registries require the registrant to sign a paper before the domain can be deleted. This must be done by the registrant and must be done in connection with any termination of the domain at RockyNordic. In this case, the cancellation will not be valid until RockyNordic receives this paper.

6.8 In cases where the customer withholds payment for the domain name, or in cases where payment is withdrawn, RockyNordic has the right to deactivate the domain and transfer ownership of the domain to RockyNordic. Should the original registrant wish to get the domain back, this will cost one consulting hour plus 2 times the price for a domain transfer of the respective type according to RockyNordic’s price list, which must be paid before RockyNordic initiates a transfer back to the original registrant.

6.9 The registrant of one or more gTLDs will not be able to transfer domains to another registrar until 60 days have passed from the creation date and then only via the procedures prescribed by RockyNordic. This rule may also apply to individual ccTLDs. Requests to transfer a domain to another registrar will only be granted if this is done via the methods specified by RockyNordic. RockyNordic has the right to reject re-delegations until all outstanding payments for the domain have been settled. RockyNordic has the right to reject re-delegations in the event that the customer has gone bankrupt.

6.10 Violation of the rules referred to in these terms and conditions will be interpreted as a breach of contract and may result in the blocking of the registrant’s domain name.

6.11 According to ICANN rules, every registrant must comply with the UDRP in force from time to time.

6.12 Subject to ICANN Rules, each Registrant shall indemnify and hold harmless the administrators, employees, officers, directors, trustees and agents of such registry from and against all damages and expenses arising out of this Agreement.

6.13 According to ICANN rules, every registrant must provide the correct master information at all times. Failure to provide RockyNordic, registry or registrar with correct master information within 10 days of being requested by RockyNordic, registry or registrar may result in the closure of the domain.

6.14 RockyNordic has the right to suspend all changes until the registrant has demonstrated that the change is justified.

6.15 If the registration of the product has been made via a third party or the customer’s representative, RockyNordic reserves the right to consult with the end customer to ensure that their requirements are correctly fulfilled.

6.16 As a registrant, you are obliged to comply with the rules and regulations of the relevant domain registry. The rules for the respective ccTLDs can be found on the registry’s website. The list of ccTLD registries can be found at: https://www.iana.org/domains/root/db

6.17 By entering into this Agreement, Customer accepts the UDRP adopted by ICANN or any other set of rules prescribed by the relevant registry of ccTLDs.

7. Liability

7.1 RockyNordic’s responsibility

7.1.1 It is RockyNordic’s responsibility as registrar to submit the zone file to the registry for the domain in question.

7.1.2 RockyNordic is not responsible for the non-existence or non-functioning of third party services. RockyNordic cannot be held liable for any errors and omissions resulting from the fact that our setup is not like that of other providers. RockyNordic is not obliged to comply with specific uptimes for any Customer unless a separate agreement has been made with one or more named Customers. RockyNordic is under no circumstances liable for any direct or indirect loss of profit, operating loss, loss of time or other losses caused by errors or defects in RockyNordic’s products, which may, for example, but not exhaustively, create: data loss, security problems, reduced uptime or spam.

7.1.3 Any changes to Products under this Agreement must be made by post or email. It is RockyNordic’s responsibility to ensure that the Customer is informed of the necessary information.

7.1.4 RockyNordic is not responsible for the Customer’s content and does not impose any requirements or restrictions other than those described in these Terms for website content. The content must of course comply with the laws of the country in Denmark. RockyNordic does not judge the customer’s content, but refers to the country’s legal authorities should a dispute arise.

7.2 Customer’s liability

7.2.1 The Customer bears full responsibility for the use of the Product, even if a third party misuses the Customer’s username and password or otherwise gains access to the Customer’s product and/or data. The Product may not be used to gain unauthorized access to RockyNordic’s or third parties’ systems.

7.2.2 The Customer is responsible for the Customer’s obligations under this Agreement, even if the Customer chooses to license the Product or parts thereof to a third party or by having a representative act on its behalf.

7.2.3 It is the Customer’s own responsibility to connect to the Internet and RockyNordic cannot be held responsible for any problems in this regard. The Customer is fully responsible for the continuous updating and maintenance of code and data, as well as the backup of these. For certain Products, a static IP address at the Customer’s premises is a requirement, for which RockyNordic has no responsibility, as operation and maintenance of this is the responsibility of the Customer.

7.2.4 The Customer is obliged to observe secrecy with regard to the matters whose secrecy is required or prescribed by RockyNordic due to the nature of the case. The duty of confidentiality does not cease upon termination of a subscription with RockyNordic. All material produced by RockyNordic is considered to have the right of authorship.

7.2.5 In the event that the Customer licenses the domain to a third party, the Customer will still be liable to RockyNordic for, but not limited to, misuse of the domain name, breach of these Terms and Conditions and payment.

7.3 Liability for damages

7.3.1 In cases where RockyNordic can be held liable, RockyNordic is only liable to the Customer in circumstances where the loss is caused by RockyNordic and/or a RockyNordic employee’s intentional or grossly negligent acts or omissions.

7.3.2 Any liability for damages will at all times amount to a maximum of a proportionate part of the current prepaid quarterly subscription fee for the customer for the affected product, applicable for a period corresponding to the total period during which the fault has existed.

8. Terms of payment

8.1 Failure to comply with payment terms will result in interest being charged in accordance with the Danish Interest Act, and a reminder will be sent. When sending reminder(s), a fee is charged according to RockyNordic’s price list. The fee is set in accordance with the Consumer Complaints Board’s decision.

8.2 RockyNordic reserves the right to change the prices associated with domain renewal and domain changes at any time, however, all prices shall at all times be stated on RockyNordic’s website. The Registrant may at any time contact RockyNordic for the current prices.

8.3 If payment is not made despite a demand for payment, a report may be made to a credit information agency, after which the receivable is transferred to judicial debt collection.

8.4 It is the responsibility of the cardholder/customer/payer to pay any transaction fees for the chosen payment method in addition to the invoice amount.

8.5 For payments by payment card, an automatic recurring payment is generally created, from which the subscription is automatically charged at the renewal of the period.

9. Customer information

9.1 In addition to the parties mentioned in these terms, RockyNordic does not disclose information to third parties without the registrant’s/customer’s permission, unless there is a legal decision to do so.

9.2 The Customer agrees that the master information will be sent to the registry administrator for use in the publicly available WHOIS database as required by ICANN.

9.3 All stem information provided to RockyNordic by the Customer or by the Customer’s representative(s) will be disclosed to the registry and/or registrar for use in the WHOIS database.

9.4 The Customer agrees that RockyNordic may disclose customer information to software suppliers through which RockyNordic rents out software according to the software supplier’s license rules.

9.5 It is the responsibility of the Customer or its representative that all basic information provided to RockyNordic in connection with registration is accepted and approved by the person(s)/company(ies) to which the data belongs.

9.6 RockyNordic will take all reasonable precautions to protect against misuse of personal data.

10. Licensing

10.1 It is the customer’s responsibility that all stored or installed software is licensed and that its use complies with the licensor’s rules.

10.2 Some products include licensed software products where RockyNordic is responsible for the licensing. The Customer is obliged to follow the relevant license rules for the product. These license rules can be found on the company’s website and the customer will be made aware of these separately when purchasing licensed products.

11. Disputes

11.1 In the event of any dispute between the parties regarding these terms and conditions, RockyNordic shall within a reasonable time thereafter inform the customer of the nature of the dispute, if the customer has requested this in writing by e-mail or post.

12. Force Majeure

12.1 RockyNordic is not bound by this agreement when the following circumstances occur after the conclusion of the agreement and prevent or postpone the performance of the agreement: war and mobilization, riots and civil unrest, natural disasters, pandemics, strikes and lockouts, shortage of goods and shortages or delays in deliveries from subcontractors, fire, lack of transport options, currency restrictions, import and export restrictions, death, illness or resignation of key personnel, viruses or other circumstances beyond the control of the party.

13. Choice of law & jurisdiction

13.1 All disputes between the Customer and RockyNordic in relation to these Terms or the Product shall be settled by the Court of Aarhus in accordance with applicable Danish law.