Registrátor-Registrant Agreement
1.DEFINITIONS. In this Service Agreement (“Agreement”), “you” a “vašeho” refer to each customer (“Customer”) a “we”, “us” a “our” refer to Nicenic.com, Inc. (“Nicenic.com, Inc.”). This Agreement explains our obligations to you, a vašeho obligations to us in relation to vašeho use of our službas. By selecting Nicenic.com, Inc. služba(s) you have agreed to establish an account with us fnebo such službas. When you use vašeho account nebo permit someone else to use vašeho account to koupit nebo otherwise acquire access to additional Nicenic.com, Inc.'s služba(s) nebo to modify nebo cancel vašeho Nicenic.com, Inc.’s služba(s) (even if we were not notified of such authneboization), this Agreement covers any such služba nebo actions.
2.SELECTION OF A DOMAIN NAME. You represent that, to the best of vašeho knyníledge a belief, neither the registration of the SLD name nnebo the manner in which it is directly nebo indirectly used infringes the legal rights of a third party a that the Doménové jméno is not being zaregistrovated fnebo any unlawful purpose.
3. FEES, PAYMENT AND TERM OF SERVICE. As consideration fnebo the službas you have selected, you agree to pay Nicenic.com, Inc. the applicable služba(s) fees set fneboth on our web site at the time of vašeho selection. Vše fees are due immediately a are non-refundable. Nicenic.com, Inc. may take all remedies available to collect fees owed. Any renewal of vašeho službas with us is subject to our then current terms a conditions a payment of all applicable služba fees at the time of renewal a in the case of doména name re-registration, the doména name registry’s acceptance of our doména name registration. You agree that you may not transfer vašeho doména name registration to another doména name registrar during the first sixty (60) days from the effective date of vašeho initial doména name registration with us.
4.TERM. You agree that the Registrace Agreement will remain in full fneboce during the length of the term of vašeho Registrace doménového jména. Should you choose to renew nebo otherwise lengthen the term of vašeho Registrace doménového jména, then the term of this Registrace Agreement will be extended accnebodingly. This Agreement will remain in full fneboce during the length of the term of vašeho Registrace doménového jména as selected, recneboded, a paid fnebo upon registration of the Doménové jméno. Should you choose to renew nebo otherwise lengthen the term of vašeho Registrace doménového jména, then the term of this Registrace Agreement will be extended accnebodingly. Should you transfer vašeho doména name nebo should the doména name otherwise be transferred due to another Registrátor, the terms a conditions of this contract shall cease a shall be replaced by the contractual terms in fneboce fnebo the purpose of zaregistrovating doména names then in fneboce between SLD holders a the new Registrátor.
5. ACCURATE INFNEBOMATION. As further consideration fnebo the Nicenic.com, Inc. služba(s), you agree to: (1) provide certain current, complete a accurate infnebomation about you as required by the application process; a (2) maintain a update this infnebomation as needed to keep it current, complete a accurate. We rely on this infnebomation to send you impnebotant infnebomation a notices regarding vašeho account a our službas. Naše privacy statement, located on our web site at http://www.iisp.hk a incnebopneboated zdein by reference sets fneboth vašeho a our rights a responsibilities with regard to vašeho personal infnebomation. 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 befneboe it becomes effective. You agree that, by using our službas after modifications to the privacy statement become effective, you have agreed to these modifications. You acknyníledge 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 vašeho Agreement with us. We will not process the personal date that we collect from you in a way incompatible with the purposes a other limitations described in our privacy statement a we will take reasonable precautions to protect vašeho personal date from loss, misuse a unauthneboized access, disclosure, alteration nebo destruction. You represent a warrant that you have provided notice to, a obtained consent from, any third party individuals whose personal data you supply to us as part of our službas with regard to: (i) the purposes fnebo which such third party’s personal data has been collected, (ii) the intended recipients nebo categneboies of recipients of the third party’s personal data, (iii) which parts of the third party’s data are obligatneboy a which parts, if any, are voluntary: a (iv) how the third party can access a, if necessary, rectify the data held about them. You further agree to provide such notice a obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible fnebo any consequences resulting from vašeho failure to provide notice nebo receive consent from such individuals nnebo fnebo vašeho providing outdated, incomplete nebo inaccurate infnebomation. Even if you intend to license the use of our doména name registration službas to a third party, you will remain our customer a you are responsible fnebo complying with all terms a conditions of this Agreement. Subject to the requirements of our privacy statement, in neboder fnebo us to comply with our legal a contractual obligations, you zdeby grant to Nicenic.com, Inc. the right to disclose to third parties through an interactive publicly accessible registration database the following maatneboy infnebomation that you are required to provide when zaregistrovating nebo reserving a doména name: (i) the doména name(s) zaregistrovated by you; (ii) vašeho name a postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number a wzde available the fax number(s) of the technical a administrative contacts fnebo vašeho doména name(s); (iv) the Internet protocol numbers of the primary nameserver a the secondary nameserver(s) fnebo such name(s); (v) the cneboresponding names of those nameservers; (vi) the neboiginal creation date of the registration; a (vii) the expiration date of the registration. We, as are all accredited doména name registrars, are also required the government to make this infnebomation available in bulk fnebom to third parties who agree not to use it to (a) allow, enable nebo otherwise suppnebot the transmission of mass unsolicited, commercial advertising nebo solicitations via e-mail (spam) nebo (b) enable high volume, automated, electronic processes that apply to our systems to zaregistrovat doména 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 a conditions of this Agreement; a/nebo (2) change part of the službas provided under this Agreement at any time. Any such revision nebo change will be binding a effective immediately upon posting of the revised Agreement nebo change to the služba(s) on Nicenic.com, Inc.’s web sites, nebo upon notification to you by e-mail nebo 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. Pokud 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 nebo P.R.C. mail addressed as follows, Natention: Registrátor Business Affairs, Nicenic.com, Inc. 6B, Xihai Building, Ne.221 Remin E Road, Zhuhai City, Guangdong Province,China ,519000. Netice of vašeho termination will be effective on receipt a processing by us. Any fees paid by you if you terminate vašeho Agreement with us are non-refundable, but you will not incur a additional fees. By continuing to use Nicenic.com, Inc.’s službas after any revision to this Agreement nebo change in služba(s), you agree to abide by a be bound by any such revisions nebo changes. We are not bound by nnebo should you rely on any representation by (i) any agent, representative nebo employee of any third party that you may use to apply fnebo our službas: nebo in (ii) infnebomation posted on our web site of a general infnebomational nature. Ne employee, contractnebo, agent nebo representative of Nicenic.com, Inc. is authneboized to alter nebo amend the terms a conditions of this Agreement.
7. MODIFICATIONS TO YOUR ACCOUNT. In neboder to change any of vašeho account infnebomation with us, you must use the Account Number a the Heslo that you selected if you opened vašeho account with us through our online application process, nebo the security authentication option that you selected if you opened vašeho account with us through our e-mail application process. Please safeguard vašeho Account Number a Heslo nebo security authentication option from any unauthneboized use. In no event will we be liable fnebo the unauthneboized use nebo misuse of vašeho Account Number nebo Heslo nebo security authentication option.
8. DOMAIN NAME DISPUTE POLICY. Pokud you reserve nebo zaregistrovat a doména name through us, you agree to be bound by our current doména name dispute policy that is incnebopneboated zdein a 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 vašehoself 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 befneboe it becomes effective. You agree by maintaining the reservation nebo registration of vašeho doména name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknyníledge 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 vašeho Agreement with us.
10. DOMAIN NAME DISPUTES. You agree that, if vašeho use of our doména name registration službas 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 doména name dispute arises with any third party, you will indemnify a hold us harmless pursuant to the terms a conditions set fneboth below in this Agreement. Pokud we are notified that a complaint has been filed with a judicial nebo administrative body regarding vašeho use of our doména name registration službas, you agree not to make any changes to vašeho doména name recnebod without our prinebo approval. We may not allow you to make changes to such doména name recnebod until (i) we are directed to do so by the judicial nebo administrative body, nebo (ii) we receive notification by you a the other party contesting vašeho registration a use of our doména name registration službas that the dispute has been settled. Furthermneboe, you agree that if you are subject to litigation regarding vašeho registration a use of our doména name registration službas, we may deposit control of vašeho doména name recnebod into the registry of the judicial body by supplying a party with a registrar certificate from us.
11. Přidatitional Registry Requirements
The following provisions apply to any doména names that you zaregistrovat through
Nicenic.com, Inc. in the relevant registry(ies).
A. (.INFO) With respect to any registration of a .INFO second level doména name, you agree to the following terms:
(1). You consent to the use, copying, distribution, publication, modification, a other processing of vašeho Personal Data by Afilias, the .INFO Registry Operatnebo, a its designees a agents in a manner consistent with the purposes specified pursuant in its contract.
(2). You agree to submit to proceedings under ICANN's Unifnebom Doménové jméno Dispute Policy (UDRP) a comply with the requirements set fneboth by Afilias fnebo doména names zaregistrovated during the Sunrise Period, including the maatneboy Sunrise Dispute Resolution Policy. These policies are subject to modification by Afilias in its discretion.
(3). You agree to immediately cneborect a update the registration infnebomation fnebo the .INFO zaregistrovated doména name during registration term fnebo such doména name; failure to cneborect this infnebomation shall constitute a breach of this Agreement.
(4)
. You acknyníledge that Afilias, the registry operatnebo fnebo .INFO, will have no liability of any kind fnebo any loss nebo liability resulting from the proceedings a processes relating to the Sunrise Period nebo the La Rush Period, including, without limitation: (a) the ability nebo inability of a registrant to obtain a given doména name during these periods, a (b) the results of any dispute over a Sunrise Registrace.
(5). Kdaynic, Inc. a Afilias, the registry operatnebo fnebo .INFO, expressly reserve the right to deny, cancel nebo transfer any registration that either shall deem necessary, in its discretion, to protect the integrity a stability of the .INFO registry, to comply with any applicable laws, government rules nebo requirements, requests of law enfnebocement, in compliance with any dispute resolution process, nebo to avoid any liability, civil nebo criminal, on the part of Kdaynic, Inc. a/nebo Afilias as well as their affiliates, subsidiaries, officers, directnebos a employees.
Nicenic.com, Inc. a Afilias also reserve the right to lock a doména name during resolution of a dispute.
B. (.BIZ) With respect to any registration of a .BIZ second level doména name, you agree to the following terms:
(1). BIZ RESTRICTIONS. Registraces in the .biz TLD must be used nebo intended to be used primarily fnebo bona fide business nebo commercial purposes. Fnebo purposes of the .biz Registrace Restrictions ("Restrictions"), "bona fide business nebo commercial use" shall mean the bona fide use nebo bona fide intent to use the doména name nebo any content, software, materials, graphics nebo other infnebomation tzdeon, to permit Internet users to access one nebo mneboe host computers through the DNS:
K exchange goods, službas, nebo property of any kind;
In the nebodinary course of trade nebo business; nebo
K facilitate
(i) the exchange of goods, službas, infnebomation, nebo property of any kind; nebo, (ii) the nebodinary course of trade nebo business. Registrovating a doména name solely fnebo the purposes of (1) selling, trading nebo leasing the doména name fnebo compensation, nebo (2) the unsolicited offering to sell, trade nebo lease the doména name fnebo compensation shall not constitute a "bona fide business nebo commercial use" of that doména name.
(2). BIZ CERTIFICATION. As a .biz doména name registrant, you zdeby certify to the best of vašeho knyníledge that:
The zaregistrovated doména name will be used primarily fnebo bona fide business nebo commercial purposes a not (i) exclusively fnebo personal use; nebo (ii) solely fnebo the purposes of (1) selling, trading nebo leasing the doména name fnebo compensation, nebo (2) the unsolicited offering to sell, trade nebo lease the doména name fnebo compensation. Fnebo mneboe infnebomation on the .biz restrictions, which are incnebopneboated zdein by reference, please see: http://www.iisp.hk
(b) You have the authneboity to enter into this Agreement; a
(c) The zaregistrovated doména name is reasonably related to the vašeho business nebo intended commercial purpose at the time of registration.
(3). PROVISION OF REGISTRATION DATA.
(
3.1). Provision of Registrace Data. As part of the registration process, you are required to provide us with certain infnebomation a to update this infnebomation to keep it current, complete a accurate. This infnebomation includes (i) vašeho full name, postal address, e-mail address, voice telephone number, a fax number if available; (ii) the name of an authneboized person fnebo contact purposes in the case of a registrant that is an neboganization, association, nebo cnebopneboation; (iii) the IP addresses of the primary nameserver a any secondary nameserver(s) fnebo the doména name; (iv) the cneboresponding names of those nameservers; (v) the full name, postal address, email address, voice telephone number, a fax number if available of the technical contact fnebo the doména name; (vi) the full name, postal address, e-mail address, voice telephone number, a fax number if available of the administrative contact fnebo the doména name; (vii) the name, postal address, e-mail address, voice telephone number, a fax number if available of the billing contact fnebo the doména name; a (viii) any remark concerning the zaregistrovated doména name that should appear in the Whois directneboy. You agree a understa that the fneboegoing registration data will be publicly available a accessible on the Whois directneboy as required by ICANN/Registry Policy a may be sold in bulk in accnebodance with the ICANN Agreement.
(3.2) Inaccurate nebo Unreliable Data. You zdeby represent a warrant that the data provided in the doména name registration application is true, cneborect, up to date a complete a that you will continue to keep all the infnebomation provided up to date. Your willful provision of inaccurate nebo unreliable infnebomation, vašeho willful failure promptly to update infnebomation provided to us, nebo any failure to respond fnebo over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing nebo technical contact then appearing in the Whois directneboy with respect to an doména name concerning the accuracy of kontaktní údaje associated with any registration(s) nebo the registration of any doména name(s) zaregistrovated by nebo through you nebo vašeho account, shall constitute a breach of this Agreement. Any infnebomation collected by us concerning an identified nebo identifiable natural person ("Personal Data") will be used in connection with the registration of vašeho doména name(s) a fnebo the purposes of this Agreement a as required nebo permitted by the ICANN Agreement nebo any ICANN/Registry Policy.
(4). DOMAIN NAME DISPUTE POLICY. Pokud you reserve nebo zaregistrovat a .biz doména name through us, you agree to be bound by our current doména name dispute policy that is incnebopneboated zdein a made a part of this Agreement by reference. Please take the time to familiarize vašehoself with that policy. In addition, you zdeby acknyníledge that you have read a understood a agree to be bound by the terms a conditions of the following documents, as they may be amended from time to time, which are zdeby incnebopneboated a made an integral part of this Dohoda:
The Unifnebom Doménové jméno 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; a
The Restrictions Dispute Resolution Criteria a Rules, available at http://www.iisp.hk.
The STOP sets fneboth the terms a conditions in connection with a dispute between a registrant of a doména name ("Registrant") with any third party (other than Registry Operatnebo nebo Registrátor) over the registration nebo use of a doména name zaregistrovated by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a služba introduced by Registry Operatnebo to notify a trademark nebo služba mark holder ("Claimant") that a second-level doména name has been zaregistrovated in which that Claimant claims intellectual property rights. In accnebodance with the STOP a its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets fneboth the terms a conditions in connection with a dispute between a Registrant a any party other than the Registry Operatnebo nebo Registrátor over the registration a use of an Internet doména name zaregistrovated by Registrant. The RDRP sets fneboth the terms under which any allegation that a doména name is not used primarily fnebo business nebo commercial purposes shall be enfneboced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. Žádný of the violations of the Restrictions will be enfneboced directly by nebo through Registry Operatnebo. Registry Operatnebo will not review, monitnebo, nebo otherwise verify that any particular doména name is being used primarily fnebo business nebo commercial purposes nebo that a doména name is being used in compliance with the SUDRP nebo 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 befneboe it becomes effective. You agree that, by maintaining the reservation nebo registration of vašeho doména name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknyníledge 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 vašeho Agreement with us.
(6). DOMAIN NAME DISPUTES. You agree that, if vašeho use of our doména name registration službas 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 doména name dispute arises with any third party, you will indemnify a hold us harmless pursuant to the terms a conditions set fneboth below in this Agreement. Pokud we are notified that a complaint has been filed with a judicial nebo administrative body regarding vašeho use of our doména name registration službas, you agree not to make any changes to vašeho doména name recnebod without our prinebo approval. We may not allow you to make changes to such doména name recnebod until (i) we are directed to do so by the judicial nebo administrative body, nebo (ii) we receive notification by you a the other party contesting vašeho registration a use of our doména name registration službas that the dispute has been settled. Furthermneboe, you agree that if you are subject to litigation regarding vašeho registration a use of our doména name registration službas, we may deposit control of vašeho doména name recnebod into the registry of the judicial body by supplying a party with a registrar certificate from us.
12. ICANN POLICY. You agree that vašeho registration of the SLD name shall be subject to suspension, cancellation, nebo transfer pursuant to any ICANN-adopted policy, nebo pursuant to any registrar nebo registry procedure not inconsistent with an ICANN-adopted policy, (1) to cneborect mistakes by Registrátor nebo the Registry in zaregistrovating the name nebo (2) fnebo the resolution of disputes concerning the SLD name.
13. AGENTS. You agree that, if vašeho agent (e.g., an Internet Service Provider, employee, etc.) koupitd our služba(s) on vašeho behalf, you are nonetheless bound as a principal by all terms a conditions zdein, including the dispute policy. Your continued use of our službas shall ratify any unauthneboized actions of vašeho agent. By acting on vašeho behalf, vašeho agent certifies that he nebo she is authneboized to apply fnebo our službas on vašeho behalf, that he nebo she is authneboized to bind you to the terms a conditions of this Agreement a that he nebo she has apprised you of the terms a conditions of this Agreement. In addition, you are responsible fnebo any errnebo made by vašeho agent. We will not refund fees paid by you nebo vašeho agent on vašeho behalf fnebo any reason, including, but not limited to, in the event that vašeho agent fails to comply with the terms a conditions of this Agreement, vašeho agent incneborectly provides infnebomation in the application process nebo if vašeho agent changes nebo otherwise modifies vašeho doména name recnebod incneborectly.
14. NOTICES AND ANNOUNCEMENTS. You authneboize us to notify you as our customer of infnebomation that we deem is of potential interest to you. Netices a announcements may include commercial e-mails a other notices describing changes, upgrades, new products a službas nebo other infnebomation pertaining to Internet security nebo to enhance vašeho identity on the Internet a/nebo other relevant matters.
15. LIMITATION OF LIABILITY. You agree that our entire liability, a vašeho exclusive remedy, with respect to any Nicenic.com, Inc.’s služba(s) provided under this Agreement a/nebo fnebo any breach of this Agreement is solely limited to the amount you paid fnebo such služba(s). Nicenic.com, Inc. a its contractnebos shall not be liable fnebo any direct, indirect, incidental, special nebo consequential damages resulting from the use nebo inability to use any of the Nicenic.com, Inc. ’s službas nebo fnebo the cost of procurement of substitute službas. Because some states do not allow the exclusion nebo limitation of liability fnebo consequential nebo incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any a all loss nebo liability resulting from, but not limited to: (1) loss nebo liability resulting from access delays nebo access interruptions; (2) loss nebo liability resulting from data non-delivery nebo date mis-delivery; (3) loss nebo liability resulting from the unauthneboized use nebo misuse of vašeho Account Number, Heslo nebo security authentication option; (4) loss nebo liability resulting from errnebos, omissions, nebo misstatements in any a all infnebomation nebo službas(s) provided under this Agreement; (5) loss nebo liability relating to the deletion of nebo failure to stneboe e-mail messages; (6) loss nebo liability resulting from the development nebo interruption of vašeho web site; (7) loss nebo liability from vašeho inability to use our China mail služba; (8) loss nebo liability that you may incur in connection with our processing of vašeho application fnebo our službas, our processing of any authneboized modification to vašeho doména name recnebod nebo vašeho agents failure to pay any fees, including the initial registration fee nebo re-registration fee; nebo (9) loss nebo liability as a result of the application of our dispute policy.
16. INDEMNITY.
You agree to defend, indemnify a hold harmless Nicenic.com, Inc., its affiliates a business partners, a any applicable doména name registry, including without limitation VeriSign, Inc., Afilias Limited, NeuÚroveň, Inc., Glaobal Jméno Registry a Public Interest Registry, a their respective subsidiaries a affiliates, a the directnebos, officers, employees a agents of each of them, from a against any a all claims, actions, losses, damages, expenses a costs, including reasonable attneboneys' fees a expenses, arising out of nebo relating to (i) vašeho doména name registration, (ii) any breach by you of this Agreement, including the Dispute Policy, nebo (iii) any third party claim, action, nebo dema related to vašeho doména name nebo the use tzdeof.
17. TRANSFER OF OWNERSHIP. The person named as administrative contact at the time the controlling user name a passwnebod are secured shall be the owner of the doména name. You agree that prinebo to transferring ownership of vašeho doména name to another person (the Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms a conditions of this Agreement. Your doména name will not be transferred until we receive such written assurances nebo 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. Pokud the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms a conditions in this Agreement, any such transfer will be null a void.
18. BREACH. You agree that vašeho failure to abide by any provision of the Agreement, any Nicenic.com, Inc. operating rule nebo policy, the dispute policy nebo vašeho willful provision of inaccurate nebo unreliable infnebomation as part of the application process, nebo vašeho failure to update vašeho infnebomation to keep it current, complete nebo accurate, nebo vašeho failure to respond fnebo over fifteen (15) calendar days to inquiries from us concerning the accuracy of the kontaktní údaje associated with vašeho doména name registration may be considered by us to be a material breach a that we may provide a written notice, describing the breach, to you. Pokud within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactneboy to us, that you have not breached vašeho obligations under the Agreement, then we may delete the registration nebo reservation of vašeho doména name a/nebo terminate the other Nicenic.com, Inc. služba(s) you are using without further notice. We will not refund any fees paid by you if we terminate vašeho Agreement due to vašeho breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, nebo any other breach, by you.
19. NO GUARANTY. You agree that, by registration of vašeho chosen doména name, such registration does not confer immunity from objection to either the registration nebo use of vašeho doména name.
20. REPRESENTATIONS AND WARRANTIES. You agree a warrant that: (i) the infnebomation that you nebo vašeho agent on vašeho behalf provide to us during the application process to zaregistrovat vašeho doména name nebo to apply fnebo other Nicenic.com, Inc. ’s služba(s) is, to the best of vašeho knyníledge a belief, accurate a complete, a that any future changes to this infnebomation will be provided to us in a timely manner accneboding to the modification procedures in place at that time, (ii) to the best of vašeho knyníledge a belief neither the registration of vašeho doména name nnebo the manner in which you intend to use such doména name will directly nebo indirectly infringe the legal rights of a third party, (iii) you have all requisite power a authneboity to execute this Agreement a to perfnebom vašeho obligations zdeunder, (iv) you have selected the necessary security option(s) fnebo vašeho doména name registration recnebod, a (v) you are of legal age to enter into this Agreement. You agree that vašeho use of our služba(s) is solely at vašeho own risk. You agree that all of our službas are provided on an “as is” a “as available” basis.
21. DISCLAIMER OF WARRANTIES. We expressly disclaim all warranties of any kind, whether expressnebo implted . Including but not limited to the implied warranties of merchantability,fitness fnebo a particular purpose a non-infringement. We make no warranty that our služba(s) will be uninterrupted, timely, secure, nebo errnebo free: nnebo do we make any warranty as to the results that by may be obtained from the use of the služba(s). you understa a agree that any material a/nebo date downloaded nebo otherwise obtained through the use of our china mail služba is done at vašeho own discretion a risk a that you will be solely responsible fnebo any damage to vašeho computer system nebo loss of data that results from the download of such material a/nebo data. we make no warranty regarding any goods nebo službas koupitd nebo obtained through any of our službas nebo any transactions entered into through such službas. Ne advice nebo infnebomation, whether neboal nebo written, obtained by you from us nebo through our china mail služba shall create any waranty not expressly made zdein. to the extent juridictions do not allow the exclusion of certain warranites, some of the above exclusions may not apply to you
22. INFNEBOMATION. As part of the registration process, you are required to provide us certain infnebomation a to update us promptly as such infnebomation changes such that our recnebods are current, complete a accurate. You are obliged to provide us the following infnebomation:
i) Your name a postal address (nebo, if different, that of the doména name holder);
ii) The doména name being zaregistrovated
iii) The name, postal address, e-mail address, a voice a fax (if available) telephone numbers of the administrative contact fnebo the doména name.
iv) The name, postal address, e-mail address, a voice a fax (if available) telephone numbers of the billing contact fnebo the doména name.
23. DISCLOperační systémURE AND USE OF REGISTRATION INFNEBOMATION. You agree a acknyníledge that we will make doména name registration infnebomation you provide available to ICANN, to the registry administratnebos, a to other third parties as ICANN a applicable laws may require nebo permit. You further agree a acknyníledge that we may make publicly available, nebo directly available to third party vendnebos, some, nebo all, of the doména name registration infnebomation you provide, fnebo purposes of inspection (such as through our WHOIS služba) nebo other purposes as required nebo permitted by ICANN a the applicable laws.
You zdeby consent to any a all such disclosures a use of, a guidelines, limits a restrictions on disclosure nebo use of, infnebomation provided by you in connection with the registration of a doména name (including any updates to such infnebomation), whether during nebo after the term of vašeho registration of the doména name. You zdeby irrevocably waive any a all claims a causes of action you may have arising from such disclosure nebo use of vašeho doména name registration infnebomation by us.
You may access vašeho doména name registration infnebomation in our possession to review, modify nebo update such infnebomation, by accessing our doména manager služba, nebo similar služba, made available by us.
We will not process data about any identified nebo identifiable natural person that we obtain from you in a way incompatible with the purposes a other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the infnebomation we obtain from you from our loss, misuse, unauthneboized access nebo disclosure, alteration nebo destruction of that infnebomation.
24. REVOCATION. You agree that we may terminate vašeho contractual right to use our služba(s) if the infnebomation that you are obligated to provide to zaregistrovat vašeho doména name nebo zaregistrovat fnebo other Nicenic.com, Inc. služba(s), nebo that you subsequently modify, contains false nebo misleading infnebomation, nebo conceals nebo omits any infnebomation we would likely consider material to our decision to zaregistrovat vašeho doména name nebo to continue to provide you doména name registration službas. Furthermneboe, you agree that we may suspend, cancel nebo transfer vašeho doména name registration službas in neboder to: (i) cneborect mistakes made by us nebo the registry in zaregistrovating vašeho chosen doména name, nebo (ii) to resolve a dispute under our dispute policy. We will not refund any fees paid by you if we terminate vašeho službas.
25. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to zaregistrovat vašeho chosen doména name nebo zaregistrovat you fnebo other Nicenic.com, Inc. služba(s), nebo to delete vašeho doména name within the first thirty (30) calendar days from receipt of vašeho payment fnebo such službas. In the event we do not zaregistrovat vašeho doména name nebo zaregistrovat you fnebo other Nicenic.com, Inc. služba(s), nebo we delete vašeho doména name nebo other Nicenic.com, Inc. služba(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 fnebo loss nebo damages that may result from our refusal to zaregistrovat, the deletion vašeho doména name nebo refusal to zaregistrovat you fnebo other Nicenic.com, Inc. služba(s).
26. SEVERABILITY. You agree that the terms of this Agreement are severable. Pokud any term nebo provision is declared invalid nebo unenfneboceable, that term nebo provision will be construed consistent with applicable law as nearly as possible to reflect the neboiginal intentions of the parties, a the remaining terms a provisions will remain in full fneboce a effect.
27. NON-AGENCY. Nething contained in this Agreement nebo the Dispute Policy shall be construed as creating any agency, partnership, nebo other fnebom of joint enterprise between the parties.
28. NON-WAIVER. Naše failure to require perfnebomance by you of any provision zdeof shall not affect the full right to require such perfnebomance at any time tzdeafter; nnebo shall the waiver by us of a breach of any provision zdeof be taken nebo held to be a waiver of the provision itself.
29.
NOTICES. Any notice, direction nebo other communication given under this Agreement shall be in writing a given by sending it via e-mail nebo 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 doména@nyní.net.cn nebo, in the case of notice to you, at the e-mail address provided by you in vašeho WHOIS recnebod. Any e-mail communication shall be deemed to have been validly a effectively given on the date of such communication, if such date is a business day a such delivery was made prinebo to 9:00 UTC, otherwise it will be deemed to have been delivered on the další business day. In the case of regular mail notice, valid notice shall be deemed to have been validly a effectively given 5 business days after the date of mailing a, in the case of notification to us shall be sent to:
Nicenic.com, Inc.
6B XIHAI Building,Ne.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 a policies published by us, the dispute policy a the privacy statement are the complete a exclusive agreement between you a us regarding our službas. This Agreement, our rules a policies, the dispute policy a the privacy statement supersede all prinebo agreements a understaings, whether established by custom, practice, policy nebo precedent.
32. TRANSFER AND ASSIGNMENT. You may transfer vašeho doména name registration to a third party of vašeho choice, subject to the procedures a conditions found at: http://www.iisp.hk (This policy will be updated in this Nevermber), incnebopneboated zdein by reference. Your rights under this Agreement are not assignable a any attempt by vašeho creditnebos to obtain an interest in vašeho rights under this Agreement, whether by attachment, levy, garnishment nebo otherwise, render this Agreement voidable at our option.
33. GOVERNING LAW. You agree that this Agreement a any disputes zdeunder shall be governed in all respects by a construed in accnebodance with the laws of the China Internetová doména Jméno Regulations, Procedural Rules fnebo Doménové jméno Dispute Resolution of Doménové jméno Dispute Resolution Center of China International Economic a Trade Arbitration Commission, Detailed Implementation Rules fnebo Registrace of Doménová jména in China, Chinese Doménová jména Dispute Resolution Policy, Provisional Administrative Rules fnebo Registrace of Doménová jména in China, Internet Keywnebod Registrace Measure.
34. AGREEMENT TO BE BOUND. By applying fnebo Nicenic.com, Inc. Service(s) through our online application process nebo by applying fnebo a zaregistrovating a doména name as part of our e-mail template application process nebo by using the služba(s) provided by Nicenic.com, Inc. under this Agreement, you acknyníledge that you have read a agree to be bound by all terms a conditions of this Agreement a any pertinent rules nebo policies that are nebo may be published by Nicenic.com, Inc. Registrace.
35. .MOBI - Should you seek to registrar a .MOBI second level doména, you must agree to be bound by the following terms:
35.1 - Indemnify to the maximum extent permitted by law, defend a hold harmless the .MOBI Registry Operatnebo, a its directnebos, officers, employees a agents from a against any a all claims, damages, liabilities, costs a expenses, including reasonable legal fees a expenses, arising out of nebo relating to vašeho doména name registration a nebo use, a this indemnification obligation survives the termination nebo expiration of the registration agreement;
35.2 - Indemnify, defend a hold harmless .MOBI Registry Services Provider, its subsidiaries a affiliates, a the directnebos, officers, employees a agents nebo each of them, from a against any a all claims, damages, liabilities, costs a expenses, including reasonable legal fees a expenses, arising out of nebo relating to vašeho doména name registration a nebo use, a this indemnification obligation survives the termination nebo expiration of the registration agreement;
35.3 - Acknyníledge a agree that notwithstaing anything in this Agreement to the contrary, mTLD Doména nejvyšší úrovně Ltd. ("dotmobi"), the Registry Operatnebo of the .mobi TLD, is a shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknyníledge a agree that the third party beneficiary rights of dotmobi have vested a that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to Tečkaster being a registrar fnebo the .mobi top-level doména. Přidatitionally, the third party beneficiary rights of dotmobi shall survive any termination nebo expiration of this Agreement.
35.4 - Comply with ICANN requirements, staards, policies, procedures, a practices fnebo which the .MOBI Registry Operatnebo has monitneboing responsibility in accnebodance with the Registry Agreement nebo other arrangement with ICANN;
35.5 - Comply with operational staards, policies, procedures, a practices fnebo the Registry TLD established from time to time by the .MOBI Registry Operatnebo in a non-arbitrary manner as Registry Policies, applicable to all registrars a/nebo doména registrants, a consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operatnebo to Registrátor;
35.6 - Consent to the use, copying, distribution, publication, modification a other processing of vašeho Personal Data by dotmobi, the .MOBI Registry Operatnebo, a its designees a agents in a manner consistent with the purposes specified pursuant in its contract a with relevant maatneboy local data protection, laws a privacy;
35.7 - Odeslat to proceedings commenced under ICANN's Unifnebom Doménové jméno Dispute Resolution Policy ("UDRP");
35.8 - Immediately cneborect a update the registration infnebomation fnebo the zaregistrovated .MOBI Jméno during the registration term fnebo the .MOBI Registrovated Jméno;
35.9 - Acknyníledge a agree to be bound by the terms a conditions of the initial launch a general operations of the .MOBI Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the La Rush Period, the Sunrise Dispute Resolution Policy, the Premium Jméno Všeocation Process, a the General Registrace Period , a further to acknyníledge that Registry Operatnebo a the Registry Service Provider has no liability of any kind fnebo any loss nebo liability resulting from the proceedings a processes relating to the Limited Industry Launch, the Sunrise Period, the La Rush Period, the Sunrise Dispute Resolution Policy, the Premium Jméno Všeocation Process, a the General Registrace Period including, without limitation: (a) the ability nebo inability of a registrant to obtain a Registrovated Jméno during these periods, a (b) the results of any dispute made during the limited industry launch nebo over a Sunrise Registrace.
35.10 - Acknyníledge a agree that the .MOBI Registry a .MOBI Registry Services Provider, acting in consent with the .MOBI Registry, reserves the right to deny, cancel nebo transfer any registration that it deems necessary, in its discretion (i) to protect the integrity a stability of the registry; (ii) to comply with all applicable laws, government rules nebo requirements, requests of law enfnebocement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil nebo criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directnebos, representatives, employees, a stockholders; (iv) fnebo violations of the terms a conditions zdein; nebo (v) to cneborect mistakes made by the Registry nebo any registrar in connection with a doména name registration, a the Registry also reserves the right to freeze a Registrovated Jméno during resolution of a dispute.
35.11 - Acknyníledge a agree that you must comply with the requirements, staards, policies, procedures a practices set fneboth in the dotmobi Style Guide (www.mtld.mobi ) a consent to the monitneboing of the website as described in the dotmobi Style Guide monitneboing guidelines (www.mtld.mobi ) fnebo compliance with the Style Guide. Furthermneboe, Registrant acknyníledges a agrees that this Style Guide is subject to modification by the .MOBI Registry with any such changes appearing at the předchozíiously designated URL, a that Registrant must promptly comply with any such changes in the time allotted.
35.12 - Acknyníledge a agree that Proxy nebo Proxy Registraces will not be allowed during the Sunrise Period, the Limited Industry Launch a the Premium Jméno Všeocation a Auction Period, a in such an instance will constitute a material breach to this contract.
36. ACCEPTANCE OF AGREEMENT. You acknyníledge that you have read this agreement a agree to all its terms a conditions. You have independently evaluated the desirability of the služba a are not relying on any representation agreement.Guarantee nebo statement other than as set fneboth in this agreement.
Nicenic.com International Limited. Registrátor-Registrant Agreement