Καταχωρητής-Registrant Agreement
1.DEFINITIONS. In this Service Agreement (“Agreement”), “you” και “σας” refer to each customer (“Customer”) και “we”, “us” και “our” refer to Nicenic.com, Inc. (“Nicenic.com, Inc.”). This Agreement explains our obligations to you, και σας obligations to us in relation to σας use of our υπηρεσίαs. By selecting Nicenic.com, Inc. υπηρεσία(s) you have agreed to establish an account with us fή such υπηρεσίαs. When you use σας account ή permit someone else to use σας account to αγορά ή otherwise acquire access to additional Nicenic.com, Inc.'s υπηρεσία(s) ή to modify ή cancel σας Nicenic.com, Inc.’s υπηρεσία(s) (even if we were not notified of such authήization), this Agreement covers any such υπηρεσία ή actions.
2.SELECTION OF A DOMAIN NAME. You represent that, to the best of σας kτώραledge και belief, neither the registration of the SLD name nή the manner in which it is directly ή indirectly used infringes the legal rights of a third party και that the Όνομα Τομέα is not being εγγραφήed fή any unlawful purpose.
3. FEES, PAYMENT AND TERM OF SERVICE. As consideration fή the υπηρεσίαs you have selected, you agree to pay Nicenic.com, Inc. the applicable υπηρεσία(s) fees set fήth on our web site at the time of σας selection. Όλα fees are due immediately και are non-refundable. Nicenic.com, Inc. may take all remedies available to collect fees owed. Any renewal of σας υπηρεσίαs with us is subject to our then current terms και conditions και payment of all applicable υπηρεσία fees at the time of renewal και in the case of τομέας name re-registration, the τομέας name registry’s acceptance of our τομέας name registration. You agree that you may not transfer σας τομέας name registration to another τομέας name registrar during the first sixty (60) days from the effective date of σας initial τομέας name registration with us.
4.TERM. You agree that the Εγγραφή Agreement will remain in full fήce during the length of the term of σας Εγγραφή Ονόματος Τομέα. Should you choose to renew ή otherwise lengthen the term of σας Εγγραφή Ονόματος Τομέα, then the term of this Εγγραφή Agreement will be extended accήdingly. This Agreement will remain in full fήce during the length of the term of σας Εγγραφή Ονόματος Τομέα as selected, recήded, και paid fή upon registration of the Όνομα Τομέα. Should you choose to renew ή otherwise lengthen the term of σας Εγγραφή Ονόματος Τομέα, then the term of this Εγγραφή Agreement will be extended accήdingly. Should you transfer σας τομέας name ή should the τομέας name otherwise be transferred due to another Καταχωρητής, the terms και conditions of this contract shall cease και shall be replaced by the contractual terms in fήce fή the purpose of εγγραφήing τομέας names then in fήce between SLD holders και the new Καταχωρητής.
5. ACCURATE INFΉMATION. As further consideration fή the Nicenic.com, Inc. υπηρεσία(s), you agree to: (1) provide certain current, complete και accurate infήmation about you as required by the application process; και (2) maintain και update this infήmation as needed to keep it current, complete και accurate. We rely on this infήmation to send you impήtant infήmation και notices regarding σας account και our υπηρεσίαs. Μας privacy statement, located on our web site at http://www.iisp.hk και incήpήated εδώin by reference sets fήth σας και our rights και responsibilities with regard to σας personal infήmation. 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 befήe it becomes effective. You agree that, by using our υπηρεσίαs after modifications to the privacy statement become effective, you have agreed to these modifications. You ackτώραledge 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 σας Agreement with us. We will not process the personal date that we collect from you in a way incompatible with the purposes και other limitations described in our privacy statement και we will take reasonable precautions to protect σας personal date from loss, misuse και unauthήized access, disclosure, alteration ή destruction. You represent και warrant that you have provided notice to, και obtained consent from, any third party individuals whose personal data you supply to us as part of our υπηρεσίαs with regard to: (i) the purposes fή which such third party’s personal data has been collected, (ii) the intended recipients ή categήies of recipients of the third party’s personal data, (iii) which parts of the third party’s data are obligatήy και which parts, if any, are voluntary: και (iv) how the third party can access και, if necessary, rectify the data held about them. You further agree to provide such notice και obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible fή any consequences resulting from σας failure to provide notice ή receive consent from such individuals nή fή σας providing outdated, incomplete ή inaccurate infήmation. Even if you intend to license the use of our τομέας name registration υπηρεσίαs to a third party, you will remain our customer και you are responsible fή complying with all terms και conditions of this Agreement. Subject to the requirements of our privacy statement, in ήder fή us to comply with our legal και contractual obligations, you εδώby grant to Nicenic.com, Inc. the right to disclose to third parties through an interactive publicly accessible registration database the following mκαιatήy infήmation that you are required to provide when εγγραφήing ή reserving a τομέας name: (i) the τομέας name(s) εγγραφήed by you; (ii) σας name και postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number και wεδώ available the fax number(s) of the technical και administrative contacts fή σας τομέας name(s); (iv) the Internet protocol numbers of the primary nameserver και the secondary nameserver(s) fή such name(s); (v) the cήresponding names of those nameservers; (vi) the ήiginal creation date of the registration; και (vii) the expiration date of the registration. We, as are all accredited τομέας name registrars, are also required the government to make this infήmation available in bulk fήm to third parties who agree not to use it to (a) allow, enable ή otherwise suppήt the transmission of mass unsolicited, commercial advertising ή solicitations via e-mail (spam) ή (b) enable high volume, automated, electronic processes that apply to our systems to εγγραφή τομέας 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 και conditions of this Agreement; και/ή (2) change part of the υπηρεσίαs provided under this Agreement at any time. Any such revision ή change will be binding και effective immediately upon posting of the revised Agreement ή change to the υπηρεσία(s) on Nicenic.com, Inc.’s web sites, ή upon notification to you by e-mail ή 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. Αν 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 ή P.R.C. mail addressed as follows, Στοtention: Καταχωρητής Business Affairs, Nicenic.com, Inc. 6B, Xihai Building, Όχι.221 Remin E Road, Zhuhai City, Guangdong Province,China ,519000. Όχιtice of σας termination will be effective on receipt και processing by us. Any fees paid by you if you terminate σας Agreement with us are non-refundable, but you will not incur και additional fees. By continuing to use Nicenic.com, Inc.’s υπηρεσίαs after any revision to this Agreement ή change in υπηρεσία(s), you agree to abide by και be bound by any such revisions ή changes. We are not bound by nή should you rely on any representation by (i) any agent, representative ή employee of any third party that you may use to apply fή our υπηρεσίαs: ή in (ii) infήmation posted on our web site of a general infήmational nature. Όχι employee, contractή, agent ή representative of Nicenic.com, Inc. is authήized to alter ή amend the terms και conditions of this Agreement.
7. MODIFICATIONS TO YOUR ACCOUNT. In ήder to change any of σας account infήmation with us, you must use the Account Number και the Κωδικός πρόσβασης that you selected if you opened σας account with us through our online application process, ή the security authentication option that you selected if you opened σας account with us through our e-mail application process. Please safeguard σας Account Number και Κωδικός πρόσβασης ή security authentication option from any unauthήized use. In no event will we be liable fή the unauthήized use ή misuse of σας Account Number ή Κωδικός πρόσβασης ή security authentication option.
8. DOMAIN NAME DISPUTE POLICY. Αν you reserve ή εγγραφή a τομέας name through us, you agree to be bound by our current τομέας name dispute policy that is incήpήated εδώin και 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 σαςself 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 befήe it becomes effective. You agree by maintaining the reservation ή registration of σας τομέας name after modifications to the dispute policy become effective, you have agreed to these modifications. You ackτώραledge 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 σας Agreement with us.
10. DOMAIN NAME DISPUTES. You agree that, if σας use of our τομέας name registration υπηρεσίαs 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 τομέας name dispute arises with any third party, you will indemnify και hold us harmless pursuant to the terms και conditions set fήth below in this Agreement. Αν we are notified that a complaint has been filed with a judicial ή administrative body regarding σας use of our τομέας name registration υπηρεσίαs, you agree not to make any changes to σας τομέας name recήd without our priή approval. We may not allow you to make changes to such τομέας name recήd until (i) we are directed to do so by the judicial ή administrative body, ή (ii) we receive notification by you και the other party contesting σας registration και use of our τομέας name registration υπηρεσίαs that the dispute has been settled. Furthermήe, you agree that if you are subject to litigation regarding σας registration και use of our τομέας name registration υπηρεσίαs, we may deposit control of σας τομέας name recήd into the registry of the judicial body by supplying a party with a registrar certificate from us.
11. Προσθήκηitional Registry Requirements
The following provisions apply to any τομέας names that you εγγραφή through
Nicenic.com, Inc. in the relevant registry(ies).
A. (.INFO) With respect to any registration of a .INFO second level τομέας name, you agree to the following terms:
(1). You consent to the use, copying, distribution, publication, modification, και other processing of σας Personal Data by Afilias, the .INFO Registry Operatή, και its designees και agents in a manner consistent with the purposes specified pursuant in its contract.
(2). You agree to submit to proceedings under ICANN's Unifήm Όνομα Τομέα Dispute Policy (UDRP) και comply with the requirements set fήth by Afilias fή τομέας names εγγραφήed during the Sunrise Period, including the mκαιatήy Sunrise Dispute Resolution Policy. These policies are subject to modification by Afilias in its discretion.
(3). You agree to immediately cήrect και update the registration infήmation fή the .INFO εγγραφήed τομέας name during registration term fή such τομέας name; failure to cήrect this infήmation shall constitute a breach of this Agreement.
(4)
. You ackτώραledge that Afilias, the registry operatή fή .INFO, will have no liability of any kind fή any loss ή liability resulting from the proceedings και processes relating to the Sunrise Period ή the Lκαι Rush Period, including, without limitation: (a) the ability ή inability of a registrant to obtain a given τομέας name during these periods, και (b) the results of any dispute over a Sunrise Εγγραφή.
(5). Για ναdaynic, Inc. και Afilias, the registry operatή fή .INFO, expressly reserve the right to deny, cancel ή transfer any registration that either shall deem necessary, in its discretion, to protect the integrity και stability of the .INFO registry, to comply with any applicable laws, government rules ή requirements, requests of law enfήcement, in compliance with any dispute resolution process, ή to avoid any liability, civil ή criminal, on the part of Για ναdaynic, Inc. και/ή Afilias as well as their affiliates, subsidiaries, officers, directήs και employees.
Nicenic.com, Inc. και Afilias also reserve the right to lock a τομέας name during resolution of a dispute.
B. (.BIZ) With respect to any registration of a .BIZ second level τομέας name, you agree to the following terms:
(1). BIZ RESTRICTIONS. Εγγραφήs in the .biz TLD must be used ή intended to be used primarily fή bona fide business ή commercial purposes. Fή purposes of the .biz Εγγραφή Restrictions ("Restrictions"), "bona fide business ή commercial use" shall mean the bona fide use ή bona fide intent to use the τομέας name ή any content, software, materials, graphics ή other infήmation tεδώon, to permit Internet users to access one ή mήe host computers through the DNS:
Για να exchange goods, υπηρεσίαs, ή property of any kind;
In the ήdinary course of trade ή business; ή
Για να facilitate
(i) the exchange of goods, υπηρεσίαs, infήmation, ή property of any kind; ή, (ii) the ήdinary course of trade ή business. Καταχώρησηing a τομέας name solely fή the purposes of (1) selling, trading ή leasing the τομέας name fή compensation, ή (2) the unsolicited offering to sell, trade ή lease the τομέας name fή compensation shall not constitute a "bona fide business ή commercial use" of that τομέας name.
(2). BIZ CERTIFICATION. As a .biz τομέας name registrant, you εδώby certify to the best of σας kτώραledge that:
The εγγραφήed τομέας name will be used primarily fή bona fide business ή commercial purposes και not (i) exclusively fή personal use; ή (ii) solely fή the purposes of (1) selling, trading ή leasing the τομέας name fή compensation, ή (2) the unsolicited offering to sell, trade ή lease the τομέας name fή compensation. Fή mήe infήmation on the .biz restrictions, which are incήpήated εδώin by reference, please see: http://www.iisp.hk
(b) You have the authήity to enter into this Agreement; και
(c) The εγγραφήed τομέας name is reasonably related to the σας business ή intended commercial purpose at the time of registration.
(3). PROVISION OF REGISTRATION DATA.
(
3.1). Provision of Εγγραφή Data. As part of the registration process, you are required to provide us with certain infήmation και to update this infήmation to keep it current, complete και accurate. This infήmation includes (i) σας full name, postal address, e-mail address, voice telephone number, και fax number if available; (ii) the name of an authήized person fή contact purposes in the case of a registrant that is an ήganization, association, ή cήpήation; (iii) the IP addresses of the primary nameserver και any secondary nameserver(s) fή the τομέας name; (iv) the cήresponding names of those nameservers; (v) the full name, postal address, email address, voice telephone number, και fax number if available of the technical contact fή the τομέας name; (vi) the full name, postal address, e-mail address, voice telephone number, και fax number if available of the administrative contact fή the τομέας name; (vii) the name, postal address, e-mail address, voice telephone number, και fax number if available of the billing contact fή the τομέας name; και (viii) any remark concerning the εγγραφήed τομέας name that should appear in the Whois directήy. You agree και understκαι that the fήegoing registration data will be publicly available και accessible on the Whois directήy as required by ICANN/Registry Policy και may be sold in bulk in accήdance with the ICANN Agreement.
(3.2) Inaccurate ή Unreliable Data. You εδώby represent και warrant that the data provided in the τομέας name registration application is true, cήrect, up to date και complete και that you will continue to keep all the infήmation provided up to date. Your willful provision of inaccurate ή unreliable infήmation, σας willful failure promptly to update infήmation provided to us, ή any failure to respond fή over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing ή technical contact then appearing in the Whois directήy with respect to an τομέας name concerning the accuracy of στοιχεία επικοινωνίας associated with any registration(s) ή the registration of any τομέας name(s) εγγραφήed by ή through you ή σας account, shall constitute a breach of this Agreement. Any infήmation collected by us concerning an identified ή identifiable natural person ("Personal Data") will be used in connection with the registration of σας τομέας name(s) και fή the purposes of this Agreement και as required ή permitted by the ICANN Agreement ή any ICANN/Registry Policy.
(4). DOMAIN NAME DISPUTE POLICY. Αν you reserve ή εγγραφή a .biz τομέας name through us, you agree to be bound by our current τομέας name dispute policy that is incήpήated εδώin και made a part of this Agreement by reference. Please take the time to familiarize σαςself with that policy. In addition, you εδώby ackτώραledge that you have read και understood και agree to be bound by the terms και conditions of the following documents, as they may be amended from time to time, which are εδώby incήpήated και made an integral part of this Συμφωνία:
The Unifήm Όνομα Τομέα 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; και
The Restrictions Dispute Resolution Criteria και Rules, available at http://www.iisp.hk.
The STOP sets fήth the terms και conditions in connection with a dispute between a registrant of a τομέας name ("Registrant") with any third party (other than Registry Operatή ή Καταχωρητής) over the registration ή use of a τομέας name εγγραφήed by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a υπηρεσία introduced by Registry Operatή to notify a trademark ή υπηρεσία mark holder ("Claimant") that a second-level τομέας name has been εγγραφήed in which that Claimant claims intellectual property rights. In accήdance with the STOP και its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets fήth the terms και conditions in connection with a dispute between a Registrant και any party other than the Registry Operatή ή Καταχωρητής over the registration και use of an Internet τομέας name εγγραφήed by Registrant. The RDRP sets fήth the terms under which any allegation that a τομέας name is not used primarily fή business ή commercial purposes shall be enfήced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. Κανένα of the violations of the Restrictions will be enfήced directly by ή through Registry Operatή. Registry Operatή will not review, monitή, ή otherwise verify that any particular τομέας name is being used primarily fή business ή commercial purposes ή that a τομέας name is being used in compliance with the SUDRP ή 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 befήe it becomes effective. You agree that, by maintaining the reservation ή registration of σας τομέας name after modifications to the dispute policy become effective, you have agreed to these modifications. You ackτώραledge 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 σας Agreement with us.
(6). DOMAIN NAME DISPUTES. You agree that, if σας use of our τομέας name registration υπηρεσίαs 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 τομέας name dispute arises with any third party, you will indemnify και hold us harmless pursuant to the terms και conditions set fήth below in this Agreement. Αν we are notified that a complaint has been filed with a judicial ή administrative body regarding σας use of our τομέας name registration υπηρεσίαs, you agree not to make any changes to σας τομέας name recήd without our priή approval. We may not allow you to make changes to such τομέας name recήd until (i) we are directed to do so by the judicial ή administrative body, ή (ii) we receive notification by you και the other party contesting σας registration και use of our τομέας name registration υπηρεσίαs that the dispute has been settled. Furthermήe, you agree that if you are subject to litigation regarding σας registration και use of our τομέας name registration υπηρεσίαs, we may deposit control of σας τομέας name recήd into the registry of the judicial body by supplying a party with a registrar certificate from us.
12. ICANN POLICY. You agree that σας registration of the SLD name shall be subject to suspension, cancellation, ή transfer pursuant to any ICANN-adopted policy, ή pursuant to any registrar ή registry procedure not inconsistent with an ICANN-adopted policy, (1) to cήrect mistakes by Καταχωρητής ή the Registry in εγγραφήing the name ή (2) fή the resolution of disputes concerning the SLD name.
13. AGENTS. You agree that, if σας agent (e.g., an Internet Service Provider, employee, etc.) αγοράd our υπηρεσία(s) on σας behalf, you are nonetheless bound as a principal by all terms και conditions εδώin, including the dispute policy. Your continued use of our υπηρεσίαs shall ratify any unauthήized actions of σας agent. By acting on σας behalf, σας agent certifies that he ή she is authήized to apply fή our υπηρεσίαs on σας behalf, that he ή she is authήized to bind you to the terms και conditions of this Agreement και that he ή she has apprised you of the terms και conditions of this Agreement. In addition, you are responsible fή any errή made by σας agent. We will not refund fees paid by you ή σας agent on σας behalf fή any reason, including, but not limited to, in the event that σας agent fails to comply with the terms και conditions of this Agreement, σας agent incήrectly provides infήmation in the application process ή if σας agent changes ή otherwise modifies σας τομέας name recήd incήrectly.
14. NOTICES AND ANNOUNCEMENTS. You authήize us to notify you as our customer of infήmation that we deem is of potential interest to you. Όχιtices και announcements may include commercial e-mails και other notices describing changes, upgrades, new products και υπηρεσίαs ή other infήmation pertaining to Internet security ή to enhance σας identity on the Internet και/ή other relevant matters.
15. LIMITATION OF LIABILITY. You agree that our entire liability, και σας exclusive remedy, with respect to any Nicenic.com, Inc.’s υπηρεσία(s) provided under this Agreement και/ή fή any breach of this Agreement is solely limited to the amount you paid fή such υπηρεσία(s). Nicenic.com, Inc. και its contractήs shall not be liable fή any direct, indirect, incidental, special ή consequential damages resulting from the use ή inability to use any of the Nicenic.com, Inc. ’s υπηρεσίαs ή fή the cost of procurement of substitute υπηρεσίαs. Because some states do not allow the exclusion ή limitation of liability fή consequential ή incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any και all loss ή liability resulting from, but not limited to: (1) loss ή liability resulting from access delays ή access interruptions; (2) loss ή liability resulting from data non-delivery ή date mis-delivery; (3) loss ή liability resulting from the unauthήized use ή misuse of σας Account Number, Κωδικός πρόσβασης ή security authentication option; (4) loss ή liability resulting from errήs, omissions, ή misstatements in any και all infήmation ή υπηρεσίαs(s) provided under this Agreement; (5) loss ή liability relating to the deletion of ή failure to stήe e-mail messages; (6) loss ή liability resulting from the development ή interruption of σας web site; (7) loss ή liability from σας inability to use our China mail υπηρεσία; (8) loss ή liability that you may incur in connection with our processing of σας application fή our υπηρεσίαs, our processing of any authήized modification to σας τομέας name recήd ή σας agents failure to pay any fees, including the initial registration fee ή re-registration fee; ή (9) loss ή liability as a result of the application of our dispute policy.
16. INDEMNITY.
You agree to defend, indemnify και hold harmless Nicenic.com, Inc., its affiliates και business partners, και any applicable τομέας name registry, including without limitation VeriSign, Inc., Afilias Limited, NeuΕπίπεδο, Inc., Glaobal Όνομα Registry και Public Interest Registry, και their respective subsidiaries και affiliates, και the directήs, officers, employees και agents of each of them, from και against any και all claims, actions, losses, damages, expenses και costs, including reasonable attήneys' fees και expenses, arising out of ή relating to (i) σας τομέας name registration, (ii) any breach by you of this Agreement, including the Dispute Policy, ή (iii) any third party claim, action, ή demκαι related to σας τομέας name ή the use tεδώof.
17. TRANSFER OF OWNERSHIP. The person named as administrative contact at the time the controlling user name και passwήd are secured shall be the owner of the τομέας name. You agree that priή to transferring ownership of σας τομέας name to another person (the Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms και conditions of this Agreement. Your τομέας name will not be transferred until we receive such written assurances ή 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. Αν the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms και conditions in this Agreement, any such transfer will be null και void.
18. BREACH. You agree that σας failure to abide by any provision of the Agreement, any Nicenic.com, Inc. operating rule ή policy, the dispute policy ή σας willful provision of inaccurate ή unreliable infήmation as part of the application process, ή σας failure to update σας infήmation to keep it current, complete ή accurate, ή σας failure to respond fή over fifteen (15) calendar days to inquiries from us concerning the accuracy of the στοιχεία επικοινωνίας associated with σας τομέας name registration may be considered by us to be a material breach και that we may provide a written notice, describing the breach, to you. Αν within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactήy to us, that you have not breached σας obligations under the Agreement, then we may delete the registration ή reservation of σας τομέας name και/ή terminate the other Nicenic.com, Inc. υπηρεσία(s) you are using without further notice. We will not refund any fees paid by you if we terminate σας Agreement due to σας breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, ή any other breach, by you.
19. NO GUARANTY. You agree that, by registration of σας chosen τομέας name, such registration does not confer immunity from objection to either the registration ή use of σας τομέας name.
20. REPRESENTATIONS AND WARRANTIES. You agree και warrant that: (i) the infήmation that you ή σας agent on σας behalf provide to us during the application process to εγγραφή σας τομέας name ή to apply fή other Nicenic.com, Inc. ’s υπηρεσία(s) is, to the best of σας kτώραledge και belief, accurate και complete, και that any future changes to this infήmation will be provided to us in a timely manner accήding to the modification procedures in place at that time, (ii) to the best of σας kτώραledge και belief neither the registration of σας τομέας name nή the manner in which you intend to use such τομέας name will directly ή indirectly infringe the legal rights of a third party, (iii) you have all requisite power και authήity to execute this Agreement και to perfήm σας obligations εδώunder, (iv) you have selected the necessary security option(s) fή σας τομέας name registration recήd, και (v) you are of legal age to enter into this Agreement. You agree that σας use of our υπηρεσία(s) is solely at σας own risk. You agree that all of our υπηρεσίαs are provided on an “as is” και “as available” basis.
21. DISCLAIMER OF WARRANTIES. We expressly disclaim all warranties of any kind, whether expressή implted . Including but not limited to the implied warranties of merchantability,fitness fή a particular purpose και non-infringement. We make no warranty that our υπηρεσία(s) will be uninterrupted, timely, secure, ή errή free: nή do we make any warranty as to the results that by may be obtained from the use of the υπηρεσία(s). you understκαι και agree that any material και/ή date downloaded ή otherwise obtained through the use of our china mail υπηρεσία is done at σας own discretion και risk και that you will be solely responsible fή any damage to σας computer system ή loss of data that results from the download of such material και/ή data. we make no warranty regarding any goods ή υπηρεσίαs αγοράd ή obtained through any of our υπηρεσίαs ή any transactions entered into through such υπηρεσίαs. Όχι advice ή infήmation, whether ήal ή written, obtained by you from us ή through our china mail υπηρεσία shall create any waranty not expressly made εδώin. to the extent juridictions do not allow the exclusion of certain warranites, some of the above exclusions may not apply to you
22. INFΉMATION. As part of the registration process, you are required to provide us certain infήmation και to update us promptly as such infήmation changes such that our recήds are current, complete και accurate. You are obliged to provide us the following infήmation:
i) Your name και postal address (ή, if different, that of the τομέας name holder);
ii) The τομέας name being εγγραφήed
iii) The name, postal address, e-mail address, και voice και fax (if available) telephone numbers of the administrative contact fή the τομέας name.
iv) The name, postal address, e-mail address, και voice και fax (if available) telephone numbers of the billing contact fή the τομέας name.
23. DISCLΛΣURE AND USE OF REGISTRATION INFΉMATION. You agree και ackτώραledge that we will make τομέας name registration infήmation you provide available to ICANN, to the registry administratήs, και to other third parties as ICANN και applicable laws may require ή permit. You further agree και ackτώραledge that we may make publicly available, ή directly available to third party vendήs, some, ή all, of the τομέας name registration infήmation you provide, fή purposes of inspection (such as through our WHOIS υπηρεσία) ή other purposes as required ή permitted by ICANN και the applicable laws.
You εδώby consent to any και all such disclosures και use of, και guidelines, limits και restrictions on disclosure ή use of, infήmation provided by you in connection with the registration of a τομέας name (including any updates to such infήmation), whether during ή after the term of σας registration of the τομέας name. You εδώby irrevocably waive any και all claims και causes of action you may have arising from such disclosure ή use of σας τομέας name registration infήmation by us.
You may access σας τομέας name registration infήmation in our possession to review, modify ή update such infήmation, by accessing our τομέας manager υπηρεσία, ή similar υπηρεσία, made available by us.
We will not process data about any identified ή identifiable natural person that we obtain from you in a way incompatible with the purposes και other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the infήmation we obtain from you from our loss, misuse, unauthήized access ή disclosure, alteration ή destruction of that infήmation.
24. REVOCATION. You agree that we may terminate σας contractual right to use our υπηρεσία(s) if the infήmation that you are obligated to provide to εγγραφή σας τομέας name ή εγγραφή fή other Nicenic.com, Inc. υπηρεσία(s), ή that you subsequently modify, contains false ή misleading infήmation, ή conceals ή omits any infήmation we would likely consider material to our decision to εγγραφή σας τομέας name ή to continue to provide you τομέας name registration υπηρεσίαs. Furthermήe, you agree that we may suspend, cancel ή transfer σας τομέας name registration υπηρεσίαs in ήder to: (i) cήrect mistakes made by us ή the registry in εγγραφήing σας chosen τομέας name, ή (ii) to resolve a dispute under our dispute policy. We will not refund any fees paid by you if we terminate σας υπηρεσίαs.
25. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to εγγραφή σας chosen τομέας name ή εγγραφή you fή other Nicenic.com, Inc. υπηρεσία(s), ή to delete σας τομέας name within the first thirty (30) calendar days from receipt of σας payment fή such υπηρεσίαs. In the event we do not εγγραφή σας τομέας name ή εγγραφή you fή other Nicenic.com, Inc. υπηρεσία(s), ή we delete σας τομέας name ή other Nicenic.com, Inc. υπηρεσία(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 fή loss ή damages that may result from our refusal to εγγραφή, the deletion σας τομέας name ή refusal to εγγραφή you fή other Nicenic.com, Inc. υπηρεσία(s).
26. SEVERABILITY. You agree that the terms of this Agreement are severable. Αν any term ή provision is declared invalid ή unenfήceable, that term ή provision will be construed consistent with applicable law as nearly as possible to reflect the ήiginal intentions of the parties, και the remaining terms και provisions will remain in full fήce και effect.
27. NON-AGENCY. Όχιthing contained in this Agreement ή the Dispute Policy shall be construed as creating any agency, partnership, ή other fήm of joint enterprise between the parties.
28. NON-WAIVER. Μας failure to require perfήmance by you of any provision εδώof shall not affect the full right to require such perfήmance at any time tεδώafter; nή shall the waiver by us of a breach of any provision εδώof be taken ή held to be a waiver of the provision itself.
29.
NOTICES. Any notice, direction ή other communication given under this Agreement shall be in writing και given by sending it via e-mail ή 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 τομέας@τώρα.net.cn ή, in the case of notice to you, at the e-mail address provided by you in σας WHOIS recήd. Any e-mail communication shall be deemed to have been validly και effectively given on the date of such communication, if such date is a business day και such delivery was made priή to 9:00 UTC, otherwise it will be deemed to have been delivered on the επόμενο business day. In the case of regular mail notice, valid notice shall be deemed to have been validly και effectively given 5 business days after the date of mailing και, in the case of notification to us shall be sent to:
Nicenic.com, Inc.
6B XIHAI Building,Όχι.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 και policies published by us, the dispute policy και the privacy statement are the complete και exclusive agreement between you και us regarding our υπηρεσίαs. This Agreement, our rules και policies, the dispute policy και the privacy statement supersede all priή agreements και understκαιings, whether established by custom, practice, policy ή precedent.
32. TRANSFER AND ASSIGNMENT. You may transfer σας τομέας name registration to a third party of σας choice, subject to the procedures και conditions found at: http://www.iisp.hk (This policy will be updated in this Όχιvermber), incήpήated εδώin by reference. Your rights under this Agreement are not assignable και any attempt by σας creditήs to obtain an interest in σας rights under this Agreement, whether by attachment, levy, garnishment ή otherwise, render this Agreement voidable at our option.
33. GOVERNING LAW. You agree that this Agreement και any disputes εδώunder shall be governed in all respects by και construed in accήdance with the laws of the China Διαδικτυακός Τομέας Όνομα Regulations, Procedural Rules fή Όνομα Τομέα Dispute Resolution of Όνομα Τομέα Dispute Resolution Center of China International Economic και Trade Arbitration Commission, Λεπτομέρειαed Implementation Rules fή Εγγραφή of Ονόματα Domain in China, Chinese Ονόματα Domain Dispute Resolution Policy, Provisional Administrative Rules fή Εγγραφή of Ονόματα Domain in China, Internet Keywήd Εγγραφή Measure.
34. AGREEMENT TO BE BOUND. By applying fή Nicenic.com, Inc. Service(s) through our online application process ή by applying fή και εγγραφήing a τομέας name as part of our e-mail template application process ή by using the υπηρεσία(s) provided by Nicenic.com, Inc. under this Agreement, you ackτώραledge that you have read και agree to be bound by all terms και conditions of this Agreement και any pertinent rules ή policies that are ή may be published by Nicenic.com, Inc. Εγγραφή.
35. .MOBI - Should you seek to registrar a .MOBI second level τομέας, you must agree to be bound by the following terms:
35.1 - Indemnify to the maximum extent permitted by law, defend και hold harmless the .MOBI Registry Operatή, και its directήs, officers, employees και agents from και against any και all claims, damages, liabilities, costs και expenses, including reasonable legal fees και expenses, arising out of ή relating to σας τομέας name registration και ή use, και this indemnification obligation survives the termination ή expiration of the registration agreement;
35.2 - Indemnify, defend και hold harmless .MOBI Registry Services Provider, its subsidiaries και affiliates, και the directήs, officers, employees και agents ή each of them, from και against any και all claims, damages, liabilities, costs και expenses, including reasonable legal fees και expenses, arising out of ή relating to σας τομέας name registration και ή use, και this indemnification obligation survives the termination ή expiration of the registration agreement;
35.3 - Ackτώραledge και agree that notwithstκαιing anything in this Agreement to the contrary, mTLD Τομεακό Επίπεδο Ltd. ("dotmobi"), the Registry Operatή of the .mobi TLD, is και shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement ackτώραledge και agree that the third party beneficiary rights of dotmobi have vested και that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to Τελείαster being a registrar fή the .mobi top-level τομέας. Προσθήκηitionally, the third party beneficiary rights of dotmobi shall survive any termination ή expiration of this Agreement.
35.4 - Comply with ICANN requirements, stκαιards, policies, procedures, και practices fή which the .MOBI Registry Operatή has monitήing responsibility in accήdance with the Registry Agreement ή other arrangement with ICANN;
35.5 - Comply with operational stκαιards, policies, procedures, και practices fή the Registry TLD established from time to time by the .MOBI Registry Operatή in a non-arbitrary manner as Registry Policies, applicable to all registrars και/ή τομέας registrants, και consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operatή to Καταχωρητής;
35.6 - Consent to the use, copying, distribution, publication, modification και other processing of σας Personal Data by dotmobi, the .MOBI Registry Operatή, και its designees και agents in a manner consistent with the purposes specified pursuant in its contract και with relevant mκαιatήy local data protection, laws και privacy;
35.7 - Υποβολή to proceedings commenced under ICANN's Unifήm Όνομα Τομέα Dispute Resolution Policy ("UDRP");
35.8 - Immediately cήrect και update the registration infήmation fή the εγγραφήed .MOBI Όνομα during the registration term fή the .MOBI Καταχώρησηed Όνομα;
35.9 - Ackτώραledge και agree to be bound by the terms και conditions of the initial launch και general operations of the .MOBI Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Lκαι Rush Period, the Sunrise Dispute Resolution Policy, the Premium Όνομα Όλαocation Process, και the General Εγγραφή Period , και further to ackτώραledge that Registry Operatή και the Registry Service Provider has no liability of any kind fή any loss ή liability resulting from the proceedings και processes relating to the Limited Industry Launch, the Sunrise Period, the Lκαι Rush Period, the Sunrise Dispute Resolution Policy, the Premium Όνομα Όλαocation Process, και the General Εγγραφή Period including, without limitation: (a) the ability ή inability of a registrant to obtain a Καταχώρησηed Όνομα during these periods, και (b) the results of any dispute made during the limited industry launch ή over a Sunrise Εγγραφή.
35.10 - Ackτώραledge και agree that the .MOBI Registry και .MOBI Registry Services Provider, acting in consent with the .MOBI Registry, reserves the right to deny, cancel ή transfer any registration that it deems necessary, in its discretion (i) to protect the integrity και stability of the registry; (ii) to comply with all applicable laws, government rules ή requirements, requests of law enfήcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil ή criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directήs, representatives, employees, και stockholders; (iv) fή violations of the terms και conditions εδώin; ή (v) to cήrect mistakes made by the Registry ή any registrar in connection with a τομέας name registration, και the Registry also reserves the right to freeze a Καταχώρησηed Όνομα during resolution of a dispute.
35.11 - Ackτώραledge και agree that you must comply with the requirements, stκαιards, policies, procedures και practices set fήth in the dotmobi Style Guide (www.mtld.mobi ) και consent to the monitήing of the website as described in the dotmobi Style Guide monitήing guidelines (www.mtld.mobi ) fή compliance with the Style Guide. Furthermήe, Registrant ackτώραledges και agrees that this Style Guide is subject to modification by the .MOBI Registry with any such changes appearing at the προηγούμενοiously designated URL, και that Registrant must promptly comply with any such changes in the time allotted.
35.12 - Ackτώραledge και agree that Proxy ή Proxy Εγγραφήs will not be allowed during the Sunrise Period, the Limited Industry Launch και the Premium Όνομα Όλαocation και Auction Period, και in such an instance will constitute a material breach to this contract.
36. ACCEPTANCE OF AGREEMENT. You ackτώραledge that you have read this agreement και agree to all its terms και conditions. You have independently evaluated the desirability of the υπηρεσία και are not relying on any representation agreement.Guarantee ή statement other than as set fήth in this agreement.
Nicenic.com International Limited. Καταχωρητής-Registrant Agreement