Регистратор-Registrant Agreement
1.DEFINITIONS. In this Service Agreement (“Agreement”), “you” и “вашия” refer to each customer (“Customer”) и “we”, “us” и “our” refer to Nicenic.com, Inc. (“Nicenic.com, Inc.”). This Agreement explains our obligations to you, и вашия obligations to us in relation to вашия use of our услугаs. By selecting Nicenic.com, Inc. услуга(s) you have agreed to establish an account with us fили such услугаs. When you use вашия account или permit someone else to use вашия account to купи или otherwise acquire access to additional Nicenic.com, Inc.'s услуга(s) или to modify или cancel вашия Nicenic.com, Inc.’s услуга(s) (even if we were not notified of such authилиization), this Agreement covers any such услуга или actions.
2.SELECTION OF A DOMAIN NAME. You represent that, to the best of вашия kнастоящ моментledge и belief, neither the registration of the SLD name nили the manner in which it is directly или indirectly used infringes the legal rights of a third party и that the Име на домейн is not being регистрирайed fили any unlawful purpose.
3. FEES, PAYMENT AND TERM OF SERVICE. As consideration fили the услугаs you have selected, you agree to pay Nicenic.com, Inc. the applicable услуга(s) fees set fилиth on our web site at the time of вашия selection. Всички fees are due immediately и are non-refundable. Nicenic.com, Inc. may take all remedies available to collect fees owed. Any renewal of вашия услугаs with us is subject to our then current terms и conditions и payment of all applicable услуга fees at the time of renewal и in the case of домейн name re-registration, the домейн name registry’s acceptance of our домейн name registration. You agree that you may not transfer вашия домейн name registration to another домейн name registrar during the first sixty (60) days from the effective date of вашия initial домейн name registration with us.
4.TERM. You agree that the Регистрация Agreement will remain in full fилиce during the length of the term of вашия Регистрация на домейн. Should you choose to renew или otherwise lengthen the term of вашия Регистрация на домейн, then the term of this Регистрация Agreement will be extended accилиdingly. This Agreement will remain in full fилиce during the length of the term of вашия Регистрация на домейн as selected, recилиded, и paid fили upon registration of the Име на домейн. Should you choose to renew или otherwise lengthen the term of вашия Регистрация на домейн, then the term of this Регистрация Agreement will be extended accилиdingly. Should you transfer вашия домейн name или should the домейн name otherwise be transferred due to another Регистратор, the terms и conditions of this contract shall cease и shall be replaced by the contractual terms in fилиce fили the purpose of регистрирайing домейн names then in fилиce between SLD holders и the new Регистратор.
5. ACCURATE INFИЛИMATION. As further consideration fили the Nicenic.com, Inc. услуга(s), you agree to: (1) provide certain current, complete и accurate infилиmation about you as required by the application process; и (2) maintain и update this infилиmation as needed to keep it current, complete и accurate. We rely on this infилиmation to send you impилиtant infилиmation и notices regarding вашия account и our услугаs. Нашият privacy statement, located on our web site at http://www.iisp.hk и incилиpилиated тукin by reference sets fилиth вашия и our rights и responsibilities with regard to вашия personal infилиmation. You agree that we, in our sole discretion, may modify our privacy statement. We will post such revised statement on our web site at least thirty (30) calendar days befилиe it becomes effective. You agree that, by using our услугаs after modifications to the privacy statement become effective, you have agreed to these modifications. You ackнастоящ моментledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate вашия Agreement with us. We will not process the personal date that we collect from you in a way incompatible with the purposes и other limitations described in our privacy statement и we will take reasonable precautions to protect вашия personal date from loss, misuse и unauthилиized access, disclosure, alteration или destruction. You represent и warrant that you have provided notice to, и obtained consent from, any third party individuals whose personal data you supply to us as part of our услугаs with regard to: (i) the purposes fили which such third party’s personal data has been collected, (ii) the intended recipients или categилиies of recipients of the third party’s personal data, (iii) which parts of the third party’s data are obligatилиy и which parts, if any, are voluntary: и (iv) how the third party can access и, if necessary, rectify the data held about them. You further agree to provide such notice и obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible fили any consequences resulting from вашия failure to provide notice или receive consent from such individuals nили fили вашия providing outdated, incomplete или inaccurate infилиmation. Even if you intend to license the use of our домейн name registration услугаs to a third party, you will remain our customer и you are responsible fили complying with all terms и conditions of this Agreement. Subject to the requirements of our privacy statement, in илиder fили us to comply with our legal и contractual obligations, you тукby grant to Nicenic.com, Inc. the right to disclose to third parties through an interactive publicly accessible registration database the following mиatилиy infилиmation that you are required to provide when регистрирайing или reserving a домейн name: (i) the домейн name(s) регистрирайed by you; (ii) вашия name и postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number и wтук available the fax number(s) of the technical и administrative contacts fили вашия домейн name(s); (iv) the Internet protocol numbers of the primary nameserver и the secondary nameserver(s) fили such name(s); (v) the cилиresponding names of those nameservers; (vi) the илиiginal creation date of the registration; и (vii) the expiration date of the registration. We, as are all accredited домейн name registrars, are also required the government to make this infилиmation available in bulk fилиm to third parties who agree not to use it to (a) allow, enable или otherwise suppилиt the transmission of mass unsolicited, commercial advertising или solicitations via e-mail (spam) или (b) enable high volume, automated, electronic processes that apply to our systems to регистрирай домейн names.
6. MODIFICATIONS TO AGREEMENT. Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (1) revise the terms и conditions of this Agreement; и/или (2) change part of the услугаs provided under this Agreement at any time. Any such revision или change will be binding и effective immediately upon posting of the revised Agreement или change to the услуга(s) on Nicenic.com, Inc.’s web sites, или upon notification to you by e-mail или China mail. You agree to periodically review our web sites, including the current version of this Agreement available on our web sites, to be aware of any such revisions. Ако you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail или P.R.C. mail addressed as follows, Вtention: Регистратор Business Affairs, Nicenic.com, Inc. 6B, Xihai Building, Не.221 Remin E Road, Zhuhai City, Guangdong Province,China ,519000. Неtice of вашия termination will be effective on receipt и processing by us. Any fees paid by you if you terminate вашия Agreement with us are non-refundable, but you will not incur и additional fees. By continuing to use Nicenic.com, Inc.’s услугаs after any revision to this Agreement или change in услуга(s), you agree to abide by и be bound by any such revisions или changes. We are not bound by nили should you rely on any representation by (i) any agent, representative или employee of any third party that you may use to apply fили our услугаs: или in (ii) infилиmation posted on our web site of a general infилиmational nature. Не employee, contractили, agent или representative of Nicenic.com, Inc. is authилиized to alter или amend the terms и conditions of this Agreement.
7. MODIFICATIONS TO YOUR ACCOUNT. In илиder to change any of вашия account infилиmation with us, you must use the Account Number и the Парола that you selected if you opened вашия account with us through our online application process, или the security authentication option that you selected if you opened вашия account with us through our e-mail application process. Please safeguard вашия Account Number и Парола или security authentication option from any unauthилиized use. In no event will we be liable fили the unauthилиized use или misuse of вашия Account Number или Парола или security authentication option.
8. DOMAIN NAME DISPUTE POLICY. Ако you reserve или регистрирай a домейн name through us, you agree to be bound by our current домейн name dispute policy that is incилиpилиated тукin и made a part of this Agreement by reference. The current version of the dispute policy may be found at our web site: http://www.iisp.hk/. Please take the time to familiarize вашияself with that policy.
9. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our web site at least thirty (30) calendar days befилиe it becomes effective. You agree by maintaining the reservation или registration of вашия домейн name after modifications to the dispute policy become effective, you have agreed to these modifications. You ackнастоящ моментledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate вашия Agreement with us.
10. DOMAIN NAME DISPUTES. You agree that, if вашия use of our домейн name registration услугаs is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a домейн name dispute arises with any third party, you will indemnify и hold us harmless pursuant to the terms и conditions set fилиth below in this Agreement. Ако we are notified that a complaint has been filed with a judicial или administrative body regarding вашия use of our домейн name registration услугаs, you agree not to make any changes to вашия домейн name recилиd without our priили approval. We may not allow you to make changes to such домейн name recилиd until (i) we are directed to do so by the judicial или administrative body, или (ii) we receive notification by you и the other party contesting вашия registration и use of our домейн name registration услугаs that the dispute has been settled. Furthermилиe, you agree that if you are subject to litigation regarding вашия registration и use of our домейн name registration услугаs, we may deposit control of вашия домейн name recилиd into the registry of the judicial body by supplying a party with a registrar certificate from us.
11. Добавиitional Registry Requirements
The following provisions apply to any домейн names that you регистрирай through
Nicenic.com, Inc. in the relevant registry(ies).
A. (.INFO) With respect to any registration of a .INFO second level домейн name, you agree to the following terms:
(1). You consent to the use, copying, distribution, publication, modification, и other processing of вашия Personal Data by Afilias, the .INFO Registry Operatили, и its designees и agents in a manner consistent with the purposes specified pursuant in its contract.
(2). You agree to submit to proceedings under ICANN's Unifилиm Име на домейн Dispute Policy (UDRP) и comply with the requirements set fилиth by Afilias fили домейн names регистрирайed during the Sunrise Period, including the mиatилиy Sunrise Dispute Resolution Policy. These policies are subject to modification by Afilias in its discretion.
(3). You agree to immediately cилиrect и update the registration infилиmation fили the .INFO регистрирайed домейн name during registration term fили such домейн name; failure to cилиrect this infилиmation shall constitute a breach of this Agreement.
(4)
. You ackнастоящ моментledge that Afilias, the registry operatили fили .INFO, will have no liability of any kind fили any loss или liability resulting from the proceedings и processes relating to the Sunrise Period или the Lи Rush Period, including, without limitation: (a) the ability или inability of a registrant to obtain a given домейн name during these periods, и (b) the results of any dispute over a Sunrise Регистрация.
(5). Доdaynic, Inc. и Afilias, the registry operatили fили .INFO, expressly reserve the right to deny, cancel или transfer any registration that either shall deem necessary, in its discretion, to protect the integrity и stability of the .INFO registry, to comply with any applicable laws, government rules или requirements, requests of law enfилиcement, in compliance with any dispute resolution process, или to avoid any liability, civil или criminal, on the part of Доdaynic, Inc. и/или Afilias as well as their affiliates, subsidiaries, officers, directилиs и employees.
Nicenic.com, Inc. и Afilias also reserve the right to lock a домейн name during resolution of a dispute.
B. (.BIZ) With respect to any registration of a .BIZ second level домейн name, you agree to the following terms:
(1). BIZ RESTRICTIONS. Регистрацияs in the .biz TLD must be used или intended to be used primarily fили bona fide business или commercial purposes. Fили purposes of the .biz Регистрация Restrictions ("Restrictions"), "bona fide business или commercial use" shall mean the bona fide use или bona fide intent to use the домейн name или any content, software, materials, graphics или other infилиmation tтукon, to permit Internet users to access one или mилиe host computers through the DNS:
До exchange goods, услугаs, или property of any kind;
In the илиdinary course of trade или business; или
До facilitate
(i) the exchange of goods, услугаs, infилиmation, или property of any kind; или, (ii) the илиdinary course of trade или business. Регистрирайing a домейн name solely fили the purposes of (1) selling, trading или leasing the домейн name fили compensation, или (2) the unsolicited offering to sell, trade или lease the домейн name fили compensation shall not constitute a "bona fide business или commercial use" of that домейн name.
(2). BIZ CERTIFICATION. As a .biz домейн name registrant, you тукby certify to the best of вашия kнастоящ моментledge that:
The регистрирайed домейн name will be used primarily fили bona fide business или commercial purposes и not (i) exclusively fили personal use; или (ii) solely fили the purposes of (1) selling, trading или leasing the домейн name fили compensation, или (2) the unsolicited offering to sell, trade или lease the домейн name fили compensation. Fили mилиe infилиmation on the .biz restrictions, which are incилиpилиated тукin by reference, please see: http://www.iisp.hk
(b) You have the authилиity to enter into this Agreement; и
(c) The регистрирайed домейн name is reasonably related to the вашия business или intended commercial purpose at the time of registration.
(3). PROVISION OF REGISTRATION DATA.
(
3.1). Provision of Регистрация Data. As part of the registration process, you are required to provide us with certain infилиmation и to update this infилиmation to keep it current, complete и accurate. This infилиmation includes (i) вашия full name, postal address, e-mail address, voice telephone number, и fax number if available; (ii) the name of an authилиized person fили contact purposes in the case of a registrant that is an илиganization, association, или cилиpилиation; (iii) the IP addresses of the primary nameserver и any secondary nameserver(s) fили the домейн name; (iv) the cилиresponding names of those nameservers; (v) the full name, postal address, email address, voice telephone number, и fax number if available of the technical contact fили the домейн name; (vi) the full name, postal address, e-mail address, voice telephone number, и fax number if available of the administrative contact fили the домейн name; (vii) the name, postal address, e-mail address, voice telephone number, и fax number if available of the billing contact fили the домейн name; и (viii) any remark concerning the регистрирайed домейн name that should appear in the Whois directилиy. You agree и understи that the fилиegoing registration data will be publicly available и accessible on the Whois directилиy as required by ICANN/Registry Policy и may be sold in bulk in accилиdance with the ICANN Agreement.
(3.2) Inaccurate или Unreliable Data. You тукby represent и warrant that the data provided in the домейн name registration application is true, cилиrect, up to date и complete и that you will continue to keep all the infилиmation provided up to date. Your willful provision of inaccurate или unreliable infилиmation, вашия willful failure promptly to update infилиmation provided to us, или any failure to respond fили over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing или technical contact then appearing in the Whois directилиy with respect to an домейн name concerning the accuracy of контактна информация associated with any registration(s) или the registration of any домейн name(s) регистрирайed by или through you или вашия account, shall constitute a breach of this Agreement. Any infилиmation collected by us concerning an identified или identifiable natural person ("Personal Data") will be used in connection with the registration of вашия домейн name(s) и fили the purposes of this Agreement и as required или permitted by the ICANN Agreement или any ICANN/Registry Policy.
(4). DOMAIN NAME DISPUTE POLICY. Ако you reserve или регистрирай a .biz домейн name through us, you agree to be bound by our current домейн name dispute policy that is incилиpилиated тукin и made a part of this Agreement by reference. Please take the time to familiarize вашияself with that policy. In addition, you тукby ackнастоящ моментledge that you have read и understood и agree to be bound by the terms и conditions of the following documents, as they may be amended from time to time, which are тукby incилиpилиated и made an integral part of this Споразумение:
The Unifилиm Име на домейн Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
The Start-up Trademark Opposition Policy ("STOP"), available at http://www.iisp.hk; и
The Restrictions Dispute Resolution Criteria и Rules, available at http://www.iisp.hk.
The STOP sets fилиth the terms и conditions in connection with a dispute between a registrant of a домейн name ("Registrant") with any third party (other than Registry Operatили или Регистратор) over the registration или use of a домейн name регистрирайed by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a услуга introduced by Registry Operatили to notify a trademark или услуга mark holder ("Claimant") that a second-level домейн name has been регистрирайed in which that Claimant claims intellectual property rights. In accилиdance with the STOP и its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets fилиth the terms и conditions in connection with a dispute between a Registrant и any party other than the Registry Operatили или Регистратор over the registration и use of an Internet домейн name регистрирайed by Registrant. The RDRP sets fилиth the terms under which any allegation that a домейн name is not used primarily fили business или commercial purposes shall be enfилиced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. Няма of the violations of the Restrictions will be enfилиced directly by или through Registry Operatили. Registry Operatили will not review, monitили, или otherwise verify that any particular домейн name is being used primarily fили business или commercial purposes или that a домейн name is being used in compliance with the SUDRP или UDRP processes.
(5). DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our web site at least thirty (30) calendar days befилиe it becomes effective. You agree that, by maintaining the reservation или registration of вашия домейн name after modifications to the dispute policy become effective, you have agreed to these modifications. You ackнастоящ моментledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate вашия Agreement with us.
(6). DOMAIN NAME DISPUTES. You agree that, if вашия use of our домейн name registration услугаs is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a домейн name dispute arises with any third party, you will indemnify и hold us harmless pursuant to the terms и conditions set fилиth below in this Agreement. Ако we are notified that a complaint has been filed with a judicial или administrative body regarding вашия use of our домейн name registration услугаs, you agree not to make any changes to вашия домейн name recилиd without our priили approval. We may not allow you to make changes to such домейн name recилиd until (i) we are directed to do so by the judicial или administrative body, или (ii) we receive notification by you и the other party contesting вашия registration и use of our домейн name registration услугаs that the dispute has been settled. Furthermилиe, you agree that if you are subject to litigation regarding вашия registration и use of our домейн name registration услугаs, we may deposit control of вашия домейн name recилиd into the registry of the judicial body by supplying a party with a registrar certificate from us.
12. ICANN POLICY. You agree that вашия registration of the SLD name shall be subject to suspension, cancellation, или transfer pursuant to any ICANN-adopted policy, или pursuant to any registrar или registry procedure not inconsistent with an ICANN-adopted policy, (1) to cилиrect mistakes by Регистратор или the Registry in регистрирайing the name или (2) fили the resolution of disputes concerning the SLD name.
13. AGENTS. You agree that, if вашия agent (e.g., an Internet Service Provider, employee, etc.) купиd our услуга(s) on вашия behalf, you are nonetheless bound as a principal by all terms и conditions тукin, including the dispute policy. Your continued use of our услугаs shall ratify any unauthилиized actions of вашия agent. By acting on вашия behalf, вашия agent certifies that he или she is authилиized to apply fили our услугаs on вашия behalf, that he или she is authилиized to bind you to the terms и conditions of this Agreement и that he или she has apprised you of the terms и conditions of this Agreement. In addition, you are responsible fили any errили made by вашия agent. We will not refund fees paid by you или вашия agent on вашия behalf fили any reason, including, but not limited to, in the event that вашия agent fails to comply with the terms и conditions of this Agreement, вашия agent incилиrectly provides infилиmation in the application process или if вашия agent changes или otherwise modifies вашия домейн name recилиd incилиrectly.
14. NOTICES AND ANNOUNCEMENTS. You authилиize us to notify you as our customer of infилиmation that we deem is of potential interest to you. Неtices и announcements may include commercial e-mails и other notices describing changes, upgrades, new products и услугаs или other infилиmation pertaining to Internet security или to enhance вашия identity on the Internet и/или other relevant matters.
15. LIMITATION OF LIABILITY. You agree that our entire liability, и вашия exclusive remedy, with respect to any Nicenic.com, Inc.’s услуга(s) provided under this Agreement и/или fили any breach of this Agreement is solely limited to the amount you paid fили such услуга(s). Nicenic.com, Inc. и its contractилиs shall not be liable fили any direct, indirect, incidental, special или consequential damages resulting from the use или inability to use any of the Nicenic.com, Inc. ’s услугаs или fили the cost of procurement of substitute услугаs. Because some states do not allow the exclusion или limitation of liability fили consequential или incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any и all loss или liability resulting from, but not limited to: (1) loss или liability resulting from access delays или access interruptions; (2) loss или liability resulting from data non-delivery или date mis-delivery; (3) loss или liability resulting from the unauthилиized use или misuse of вашия Account Number, Парола или security authentication option; (4) loss или liability resulting from errилиs, omissions, или misstatements in any и all infилиmation или услугаs(s) provided under this Agreement; (5) loss или liability relating to the deletion of или failure to stилиe e-mail messages; (6) loss или liability resulting from the development или interruption of вашия web site; (7) loss или liability from вашия inability to use our China mail услуга; (8) loss или liability that you may incur in connection with our processing of вашия application fили our услугаs, our processing of any authилиized modification to вашия домейн name recилиd или вашия agents failure to pay any fees, including the initial registration fee или re-registration fee; или (9) loss или liability as a result of the application of our dispute policy.
16. INDEMNITY.
You agree to defend, indemnify и hold harmless Nicenic.com, Inc., its affiliates и business partners, и any applicable домейн name registry, including without limitation VeriSign, Inc., Afilias Limited, NeuНиво, Inc., Glaobal Име Registry и Public Interest Registry, и their respective subsidiaries и affiliates, и the directилиs, officers, employees и agents of each of them, from и against any и all claims, actions, losses, damages, expenses и costs, including reasonable attилиneys' fees и expenses, arising out of или relating to (i) вашия домейн name registration, (ii) any breach by you of this Agreement, including the Dispute Policy, или (iii) any third party claim, action, или demи related to вашия домейн name или the use tтукof.
17. TRANSFER OF OWNERSHIP. The person named as administrative contact at the time the controlling user name и passwилиd are secured shall be the owner of the домейн name. You agree that priили to transferring ownership of вашия домейн name to another person (the Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms и conditions of this Agreement. Your домейн name will not be transferred until we receive such written assurances или other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. Ако the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms и conditions in this Agreement, any such transfer will be null и void.
18. BREACH. You agree that вашия failure to abide by any provision of the Agreement, any Nicenic.com, Inc. operating rule или policy, the dispute policy или вашия willful provision of inaccurate или unreliable infилиmation as part of the application process, или вашия failure to update вашия infилиmation to keep it current, complete или accurate, или вашия failure to respond fили over fifteen (15) calendar days to inquiries from us concerning the accuracy of the контактна информация associated with вашия домейн name registration may be considered by us to be a material breach и that we may provide a written notice, describing the breach, to you. Ако within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactилиy to us, that you have not breached вашия obligations under the Agreement, then we may delete the registration или reservation of вашия домейн name и/или terminate the other Nicenic.com, Inc. услуга(s) you are using without further notice. We will not refund any fees paid by you if we terminate вашия Agreement due to вашия breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, или any other breach, by you.
19. NO GUARANTY. You agree that, by registration of вашия chosen домейн name, such registration does not confer immunity from objection to either the registration или use of вашия домейн name.
20. REPRESENTATIONS AND WARRANTIES. You agree и warrant that: (i) the infилиmation that you или вашия agent on вашия behalf provide to us during the application process to регистрирай вашия домейн name или to apply fили other Nicenic.com, Inc. ’s услуга(s) is, to the best of вашия kнастоящ моментledge и belief, accurate и complete, и that any future changes to this infилиmation will be provided to us in a timely manner accилиding to the modification procedures in place at that time, (ii) to the best of вашия kнастоящ моментledge и belief neither the registration of вашия домейн name nили the manner in which you intend to use such домейн name will directly или indirectly infringe the legal rights of a third party, (iii) you have all requisite power и authилиity to execute this Agreement и to perfилиm вашия obligations тукunder, (iv) you have selected the necessary security option(s) fили вашия домейн name registration recилиd, и (v) you are of legal age to enter into this Agreement. You agree that вашия use of our услуга(s) is solely at вашия own risk. You agree that all of our услугаs are provided on an “as is” и “as available” basis.
21. DISCLAIMER OF WARRANTIES. We expressly disclaim all warranties of any kind, whether expressили implted . Including but not limited to the implied warranties of merchantability,fitness fили a particular purpose и non-infringement. We make no warranty that our услуга(s) will be uninterrupted, timely, secure, или errили free: nили do we make any warranty as to the results that by may be obtained from the use of the услуга(s). you understи и agree that any material и/или date downloaded или otherwise obtained through the use of our china mail услуга is done at вашия own discretion и risk и that you will be solely responsible fили any damage to вашия computer system или loss of data that results from the download of such material и/или data. we make no warranty regarding any goods или услугаs купиd или obtained through any of our услугаs или any transactions entered into through such услугаs. Не advice или infилиmation, whether илиal или written, obtained by you from us или through our china mail услуга shall create any waranty not expressly made тукin. to the extent juridictions do not allow the exclusion of certain warranites, some of the above exclusions may not apply to you
22. INFИЛИMATION. As part of the registration process, you are required to provide us certain infилиmation и to update us promptly as such infилиmation changes such that our recилиds are current, complete и accurate. You are obliged to provide us the following infилиmation:
i) Your name и postal address (или, if different, that of the домейн name holder);
ii) The домейн name being регистрирайed
iii) The name, postal address, e-mail address, и voice и fax (if available) telephone numbers of the administrative contact fили the домейн name.
iv) The name, postal address, e-mail address, и voice и fax (if available) telephone numbers of the billing contact fили the домейн name.
23. DISCLОСURE AND USE OF REGISTRATION INFИЛИMATION. You agree и ackнастоящ моментledge that we will make домейн name registration infилиmation you provide available to ICANN, to the registry administratилиs, и to other third parties as ICANN и applicable laws may require или permit. You further agree и ackнастоящ моментledge that we may make publicly available, или directly available to third party vendилиs, some, или all, of the домейн name registration infилиmation you provide, fили purposes of inspection (such as through our WHOIS услуга) или other purposes as required или permitted by ICANN и the applicable laws.
You тукby consent to any и all such disclosures и use of, и guidelines, limits и restrictions on disclosure или use of, infилиmation provided by you in connection with the registration of a домейн name (including any updates to such infилиmation), whether during или after the term of вашия registration of the домейн name. You тукby irrevocably waive any и all claims и causes of action you may have arising from such disclosure или use of вашия домейн name registration infилиmation by us.
You may access вашия домейн name registration infилиmation in our possession to review, modify или update such infилиmation, by accessing our домейн manager услуга, или similar услуга, made available by us.
We will not process data about any identified или identifiable natural person that we obtain from you in a way incompatible with the purposes и other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the infилиmation we obtain from you from our loss, misuse, unauthилиized access или disclosure, alteration или destruction of that infилиmation.
24. REVOCATION. You agree that we may terminate вашия contractual right to use our услуга(s) if the infилиmation that you are obligated to provide to регистрирай вашия домейн name или регистрирай fили other Nicenic.com, Inc. услуга(s), или that you subsequently modify, contains false или misleading infилиmation, или conceals или omits any infилиmation we would likely consider material to our decision to регистрирай вашия домейн name или to continue to provide you домейн name registration услугаs. Furthermилиe, you agree that we may suspend, cancel или transfer вашия домейн name registration услугаs in илиder to: (i) cилиrect mistakes made by us или the registry in регистрирайing вашия chosen домейн name, или (ii) to resolve a dispute under our dispute policy. We will not refund any fees paid by you if we terminate вашия услугаs.
25. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to регистрирай вашия chosen домейн name или регистрирай you fили other Nicenic.com, Inc. услуга(s), или to delete вашия домейн name within the first thirty (30) calendar days from receipt of вашия payment fили such услугаs. In the event we do not регистрирай вашия домейн name или регистрирай you fили other Nicenic.com, Inc. услуга(s), или we delete вашия домейн name или other Nicenic.com, Inc. услуга(s) within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid. You agree that we shall not be liable to you fили loss или damages that may result from our refusal to регистрирай, the deletion вашия домейн name или refusal to регистрирай you fили other Nicenic.com, Inc. услуга(s).
26. SEVERABILITY. You agree that the terms of this Agreement are severable. Ако any term или provision is declared invalid или unenfилиceable, that term или provision will be construed consistent with applicable law as nearly as possible to reflect the илиiginal intentions of the parties, и the remaining terms и provisions will remain in full fилиce и effect.
27. NON-AGENCY. Неthing contained in this Agreement или the Dispute Policy shall be construed as creating any agency, partnership, или other fилиm of joint enterprise between the parties.
28. NON-WAIVER. Нашият failure to require perfилиmance by you of any provision тукof shall not affect the full right to require such perfилиmance at any time tтукafter; nили shall the waiver by us of a breach of any provision тукof be taken или held to be a waiver of the provision itself.
29.
NOTICES. Any notice, direction или other communication given under this Agreement shall be in writing и given by sending it via e-mail или via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender. In the case of e-mail notification to домейн@настоящ момент.net.cn или, in the case of notice to you, at the e-mail address provided by you in вашия WHOIS recилиd. Any e-mail communication shall be deemed to have been validly и effectively given on the date of such communication, if such date is a business day и such delivery was made priили to 9:00 UTC, otherwise it will be deemed to have been delivered on the напред business day. In the case of regular mail notice, valid notice shall be deemed to have been validly и effectively given 5 business days after the date of mailing и, in the case of notification to us shall be sent to:
Nicenic.com, Inc.
6B XIHAI Building,Не.211 Renmin E Road,
Zhuhai City,Guangdong Province, PRC, 519000
30. INFANCY. You attest that you are of legal age to enter into this Agreement.
31. ENTIRETY. You agree that this Agreement, the rules и policies published by us, the dispute policy и the privacy statement are the complete и exclusive agreement between you и us regarding our услугаs. This Agreement, our rules и policies, the dispute policy и the privacy statement supersede all priили agreements и understиings, whether established by custom, practice, policy или precedent.
32. TRANSFER AND ASSIGNMENT. You may transfer вашия домейн name registration to a third party of вашия choice, subject to the procedures и conditions found at: http://www.iisp.hk (This policy will be updated in this Неvermber), incилиpилиated тукin by reference. Your rights under this Agreement are not assignable и any attempt by вашия creditилиs to obtain an interest in вашия rights under this Agreement, whether by attachment, levy, garnishment или otherwise, render this Agreement voidable at our option.
33. GOVERNING LAW. You agree that this Agreement и any disputes тукunder shall be governed in all respects by и construed in accилиdance with the laws of the China Интернет домейн Име Regulations, Procedural Rules fили Име на домейн Dispute Resolution of Име на домейн Dispute Resolution Center of China International Economic и Trade Arбитration Commission, Детайлиed Implementation Rules fили Регистрация of Имена на домейни in China, Chinese Имена на домейни Dispute Resolution Policy, Provisional Administrative Rules fили Регистрация of Имена на домейни in China, Internet Keywилиd Регистрация Measure.
34. AGREEMENT TO BE BOUND. By applying fили Nicenic.com, Inc. Service(s) through our online application process или by applying fили и регистрирайing a домейн name as part of our e-mail template application process или by using the услуга(s) provided by Nicenic.com, Inc. under this Agreement, you ackнастоящ моментledge that you have read и agree to be bound by all terms и conditions of this Agreement и any pertinent rules или policies that are или may be published by Nicenic.com, Inc. Регистрация.
35. .MOBI - Should you seek to registrar a .MOBI second level домейн, you must agree to be bound by the following terms:
35.1 - Indemnify to the maximum extent permitted by law, defend и hold harmless the .MOBI Registry Operatили, и its directилиs, officers, employees и agents from и against any и all claims, damages, liabilities, costs и expenses, including reasonable legal fees и expenses, arising out of или relating to вашия домейн name registration и или use, и this indemnification obligation survives the termination или expiration of the registration agreement;
35.2 - Indemnify, defend и hold harmless .MOBI Registry Services Provider, its subsidiaries и affiliates, и the directилиs, officers, employees и agents или each of them, from и against any и all claims, damages, liabilities, costs и expenses, including reasonable legal fees и expenses, arising out of или relating to вашия домейн name registration и или use, и this indemnification obligation survives the termination или expiration of the registration agreement;
35.3 - Ackнастоящ моментledge и agree that notwithstиing anything in this Agreement to the contrary, mTLD Топ ниво домейн Ltd. ("dotmobi"), the Registry Operatили of the .mobi TLD, is и shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement ackнастоящ моментledge и agree that the third party beneficiary rights of dotmobi have vested и that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to Точкаster being a registrar fили the .mobi top-level домейн. Добавиitionally, the third party beneficiary rights of dotmobi shall survive any termination или expiration of this Agreement.
35.4 - Comply with ICANN requirements, stиards, policies, procedures, и practices fили which the .MOBI Registry Operatили has monitилиing responsibility in accилиdance with the Registry Agreement или other arrangement with ICANN;
35.5 - Comply with operational stиards, policies, procedures, и practices fили the Registry TLD established from time to time by the .MOBI Registry Operatили in a non-arбитrary manner as Registry Policies, applicable to all registrars и/или домейн registrants, и consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operatили to Регистратор;
35.6 - Consent to the use, copying, distribution, publication, modification и other processing of вашия Personal Data by dotmobi, the .MOBI Registry Operatили, и its designees и agents in a manner consistent with the purposes specified pursuant in its contract и with relevant mиatилиy local data protection, laws и privacy;
35.7 - Изпрати to proceedings commenced under ICANN's Unifилиm Име на домейн Dispute Resolution Policy ("UDRP");
35.8 - Immediately cилиrect и update the registration infилиmation fили the регистрирайed .MOBI Име during the registration term fили the .MOBI Регистрирайed Име;
35.9 - Ackнастоящ моментledge и agree to be bound by the terms и conditions of the initial launch и general operations of the .MOBI Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Lи Rush Period, the Sunrise Dispute Resolution Policy, the Premium Име Всичкиocation Process, и the General Регистрация Period , и further to ackнастоящ моментledge that Registry Operatили и the Registry Service Provider has no liability of any kind fили any loss или liability resulting from the proceedings и processes relating to the Limited Industry Launch, the Sunrise Period, the Lи Rush Period, the Sunrise Dispute Resolution Policy, the Premium Име Всичкиocation Process, и the General Регистрация Period including, without limitation: (a) the ability или inability of a registrant to obtain a Регистрирайed Име during these periods, и (b) the results of any dispute made during the limited industry launch или over a Sunrise Регистрация.
35.10 - Ackнастоящ моментledge и agree that the .MOBI Registry и .MOBI Registry Services Provider, acting in consent with the .MOBI Registry, reserves the right to deny, cancel или transfer any registration that it deems necessary, in its discretion (i) to protect the integrity и stability of the registry; (ii) to comply with all applicable laws, government rules или requirements, requests of law enfилиcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil или criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directилиs, representatives, employees, и stockholders; (iv) fили violations of the terms и conditions тукin; или (v) to cилиrect mistakes made by the Registry или any registrar in connection with a домейн name registration, и the Registry also reserves the right to freeze a Регистрирайed Име during resolution of a dispute.
35.11 - Ackнастоящ моментledge и agree that you must comply with the requirements, stиards, policies, procedures и practices set fилиth in the dotmobi Style Guide (www.mtld.mobi ) и consent to the monitилиing of the website as described in the dotmobi Style Guide monitилиing guidelines (www.mtld.mobi ) fили compliance with the Style Guide. Furthermилиe, Registrant ackнастоящ моментledges и agrees that this Style Guide is subject to modification by the .MOBI Registry with any such changes appearing at the назадiously designated URL, и that Registrant must promptly comply with any such changes in the time allotted.
35.12 - Ackнастоящ моментledge и agree that Proxy или Proxy Регистрацияs will not be allowed during the Sunrise Period, the Limited Industry Launch и the Premium Име Всичкиocation и Auction Period, и in such an instance will constitute a material breach to this contract.
36. ACCEPTANCE OF AGREEMENT. You ackнастоящ моментledge that you have read this agreement и agree to all its terms и conditions. You have independently evaluated the desirability of the услуга и are not relying on any representation agreement.Guarantee или statement other than as set fилиth in this agreement.
Nicenic.com International Limited. Регистратор-Registrant Agreement