Registrador-Registrant Agreement
1.DEFINITIONS. In this Service Agreement (“Agreement”), “you” y “tu/tus/su/sus” refer to each customer (“Customer”) y “we”, “us” y “our” refer to Nicenic.com, Inc. (“Nicenic.com, Inc.”). This Agreement explains our obligations to you, y tu/tus/su/sus obligations to us in relation to tu/tus/su/sus use of our servicios. By selecting Nicenic.com, Inc. servicio(s) you have agreed to establish an account with us fo such servicios. When you use tu/tus/su/sus account o permit someone else to use tu/tus/su/sus account to comprar o otherwise acquire access to additional Nicenic.com, Inc.'s servicio(s) o to modify o cancel tu/tus/su/sus Nicenic.com, Inc.’s servicio(s) (even if we were not notified of such authoization), this Agreement covers any such servicio o actions.
2.SELECTION OF A DOMAIN NAME. You represent that, to the best of tu/tus/su/sus kahoraledge y belief, neither the registration of the SLD name no the manner in which it is directly o indirectly used infringes the legal rights of a third party y that the Nombre de Dominio is not being registrared fo any unlawful purpose.
3. FEES, PAYMENT AND TERM OF SERVICE. As consideration fo the servicios you have selected, you agree to pay Nicenic.com, Inc. the applicable servicio(s) fees set foth on our web site at the time of tu/tus/su/sus selection. Todos fees are due immediately y are non-refundable. Nicenic.com, Inc. may take all remedies available to collect fees owed. Any renewal of tu/tus/su/sus servicios with us is subject to our then current terms y conditions y payment of all applicable servicio fees at the time of renewal y in the case of dominio name re-registration, the dominio name registry’s acceptance of our dominio name registration. You agree that you may not transfer tu/tus/su/sus dominio name registration to another dominio name registrar during the first sixty (60) days from the effective date of tu/tus/su/sus initial dominio name registration with us.
4.TERM. You agree that the Registro Agreement will remain in full foce during the length of the term of tu/tus/su/sus Registro de Nombre de Dominio. Should you choose to renew o otherwise lengthen the term of tu/tus/su/sus Registro de Nombre de Dominio, then the term of this Registro Agreement will be extended accodingly. This Agreement will remain in full foce during the length of the term of tu/tus/su/sus Registro de Nombre de Dominio as selected, recoded, y paid fo upon registration of the Nombre de Dominio. Should you choose to renew o otherwise lengthen the term of tu/tus/su/sus Registro de Nombre de Dominio, then the term of this Registro Agreement will be extended accodingly. Should you transfer tu/tus/su/sus dominio name o should the dominio name otherwise be transferred due to another Registrador, the terms y conditions of this contract shall cease y shall be replaced by the contractual terms in foce fo the purpose of registraring dominio names then in foce between SLD holders y the new Registrador.
5. ACCURATE INFOMATION. As further consideration fo the Nicenic.com, Inc. servicio(s), you agree to: (1) provide certain current, complete y accurate infomation about you as required by the application process; y (2) maintain y update this infomation as needed to keep it current, complete y accurate. We rely on this infomation to send you impotant infomation y notices regarding tu/tus/su/sus account y our servicios. Nuestro/Nuestra/Nuestros/Nuestras privacy statement, located on our web site at http://www.iisp.hk y incopoated aquí in by reference sets foth tu/tus/su/sus y our rights y responsibilities with regard to tu/tus/su/sus personal infomation. 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 befoe it becomes effective. You agree that, by using our servicios after modifications to the privacy statement become effective, you have agreed to these modifications. You ackahoraledge 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 tu/tus/su/sus Agreement with us. We will not process the personal date that we collect from you in a way incompatible with the purposes y other limitations described in our privacy statement y we will take reasonable precautions to protect tu/tus/su/sus personal date from loss, misuse y unauthoized access, disclosure, alteration o destruction. You represent y warrant that you have provided notice to, y obtained consent from, any third party individuals whose personal data you supply to us as part of our servicios with regard to: (i) the purposes fo which such third party’s personal data has been collected, (ii) the intended recipients o categoies of recipients of the third party’s personal data, (iii) which parts of the third party’s data are obligatoy y which parts, if any, are voluntary: y (iv) how the third party can access y, if necessary, rectify the data held about them. You further agree to provide such notice y obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible fo any consequences resulting from tu/tus/su/sus failure to provide notice o receive consent from such individuals no fo tu/tus/su/sus providing outdated, incomplete o inaccurate infomation. Even if you intend to license the use of our dominio name registration servicios to a third party, you will remain our customer y you are responsible fo complying with all terms y conditions of this Agreement. Subject to the requirements of our privacy statement, in oder fo us to comply with our legal y contractual obligations, you aquí by grant to Nicenic.com, Inc. the right to disclose to third parties through an interactive publicly accessible registration database the following myatoy infomation that you are required to provide when registraring o reserving a dominio name: (i) the dominio name(s) registrared by you; (ii) tu/tus/su/sus name y postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number y waquí available the fax number(s) of the technical y administrative contacts fo tu/tus/su/sus dominio name(s); (iv) the Internet protocol numbers of the primary nameserver y the secondary nameserver(s) fo such name(s); (v) the coresponding names of those nameservers; (vi) the oiginal creation date of the registration; y (vii) the expiration date of the registration. We, as are all accredited dominio name registrars, are also required the government to make this infomation available in bulk fom to third parties who agree not to use it to (a) allow, enable o otherwise suppot the transmission of mass unsolicited, commercial advertising o solicitations via e-mail (spam) o (b) enable high volume, automated, electronic processes that apply to our systems to registrar dominio 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 y conditions of this Agreement; y/o (2) change part of the servicios provided under this Agreement at any time. Any such revision o change will be binding y effective immediately upon posting of the revised Agreement o change to the servicio(s) on Nicenic.com, Inc.’s web sites, o upon notification to you by e-mail o 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. Si 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 o P.R.C. mail addressed as follows, Entention: Registrador Business Affairs, Nicenic.com, Inc. 6B, Xihai Building, No.221 Remin E Road, Zhuhai City, Guangdong Province,China ,519000. Notice of tu/tus/su/sus termination will be effective on receipt y processing by us. Any fees paid by you if you terminate tu/tus/su/sus Agreement with us are non-refundable, but you will not incur y additional fees. By continuing to use Nicenic.com, Inc.’s servicios after any revision to this Agreement o change in servicio(s), you agree to abide by y be bound by any such revisions o changes. We are not bound by no should you rely on any representation by (i) any agent, representative o employee of any third party that you may use to apply fo our servicios: o in (ii) infomation posted on our web site of a general infomational nature. No employee, contracto, agent o representative of Nicenic.com, Inc. is authoized to alter o amend the terms y conditions of this Agreement.
7. MODIFICATIONS TO YOUR ACCOUNT. In oder to change any of tu/tus/su/sus account infomation with us, you must use the Account Number y the Contraseña that you selected if you opened tu/tus/su/sus account with us through our online application process, o the security authentication option that you selected if you opened tu/tus/su/sus account with us through our e-mail application process. Please safeguard tu/tus/su/sus Account Number y Contraseña o security authentication option from any unauthoized use. In no event will we be liable fo the unauthoized use o misuse of tu/tus/su/sus Account Number o Contraseña o security authentication option.
8. DOMAIN NAME DISPUTE POLICY. Si you reserve o registrar a dominio name through us, you agree to be bound by our current dominio name dispute policy that is incopoated aquí in y 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 tu/tus/su/susself 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 befoe it becomes effective. You agree by maintaining the reservation o registration of tu/tus/su/sus dominio name after modifications to the dispute policy become effective, you have agreed to these modifications. You ackahoraledge 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 tu/tus/su/sus Agreement with us.
10. DOMAIN NAME DISPUTES. You agree that, if tu/tus/su/sus use of our dominio name registration servicios 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 dominio name dispute arises with any third party, you will indemnify y hold us harmless pursuant to the terms y conditions set foth below in this Agreement. Si we are notified that a complaint has been filed with a judicial o administrative body regarding tu/tus/su/sus use of our dominio name registration servicios, you agree not to make any changes to tu/tus/su/sus dominio name recod without our prio approval. We may not allow you to make changes to such dominio name recod until (i) we are directed to do so by the judicial o administrative body, o (ii) we receive notification by you y the other party contesting tu/tus/su/sus registration y use of our dominio name registration servicios that the dispute has been settled. Furthermoe, you agree that if you are subject to litigation regarding tu/tus/su/sus registration y use of our dominio name registration servicios, we may deposit control of tu/tus/su/sus dominio name recod into the registry of the judicial body by supplying a party with a registrar certificate from us.
11. Agregaritional Registry Requirements
The following provisions apply to any dominio names that you registrar through
Nicenic.com, Inc. in the relevant registry(ies).
A. (.INFO) With respect to any registration of a .INFO second level dominio name, you agree to the following terms:
(1). You consent to the use, copying, distribution, publication, modification, y other processing of tu/tus/su/sus Personal Data by Afilias, the .INFO Registry Operato, y its designees y agents in a manner consistent with the purposes specified pursuant in its contract.
(2). You agree to submit to proceedings under ICANN's Unifom Nombre de Dominio Dispute Policy (UDRP) y comply with the requirements set foth by Afilias fo dominio names registrared during the Sunrise Period, including the myatoy Sunrise Dispute Resolution Policy. These policies are subject to modification by Afilias in its discretion.
(3). You agree to immediately corect y update the registration infomation fo the .INFO registrared dominio name during registration term fo such dominio name; failure to corect this infomation shall constitute a breach of this Agreement.
(4)
. You ackahoraledge that Afilias, the registry operato fo .INFO, will have no liability of any kind fo any loss o liability resulting from the proceedings y processes relating to the Sunrise Period o the Ly Rush Period, including, without limitation: (a) the ability o inability of a registrant to obtain a given dominio name during these periods, y (b) the results of any dispute over a Sunrise Registro.
(5). Paradaynic, Inc. y Afilias, the registry operato fo .INFO, expressly reserve the right to deny, cancel o transfer any registration that either shall deem necessary, in its discretion, to protect the integrity y stability of the .INFO registry, to comply with any applicable laws, government rules o requirements, requests of law enfocement, in compliance with any dispute resolution process, o to avoid any liability, civil o criminal, on the part of Paradaynic, Inc. y/o Afilias as well as their affiliates, subsidiaries, officers, directos y employees.
Nicenic.com, Inc. y Afilias also reserve the right to lock a dominio name during resolution of a dispute.
B. (.BIZ) With respect to any registration of a .BIZ second level dominio name, you agree to the following terms:
(1). BIZ RESTRICTIONS. Registros in the .biz TLD must be used o intended to be used primarily fo bona fide business o commercial purposes. Fo purposes of the .biz Registro Restrictions ("Restrictions"), "bona fide business o commercial use" shall mean the bona fide use o bona fide intent to use the dominio name o any content, software, materials, graphics o other infomation taquí on, to permit Internet users to access one o moe host computers through the DNS:
Para exchange goods, servicios, o property of any kind;
In the odinary course of trade o business; o
Para facilitate
(i) the exchange of goods, servicios, infomation, o property of any kind; o, (ii) the odinary course of trade o business. Registraring a dominio name solely fo the purposes of (1) selling, trading o leasing the dominio name fo compensation, o (2) the unsolicited offering to sell, trade o lease the dominio name fo compensation shall not constitute a "bona fide business o commercial use" of that dominio name.
(2). BIZ CERTIFICATION. As a .biz dominio name registrant, you aquí by certify to the best of tu/tus/su/sus kahoraledge that:
The registrared dominio name will be used primarily fo bona fide business o commercial purposes y not (i) exclusively fo personal use; o (ii) solely fo the purposes of (1) selling, trading o leasing the dominio name fo compensation, o (2) the unsolicited offering to sell, trade o lease the dominio name fo compensation. Fo moe infomation on the .biz restrictions, which are incopoated aquí in by reference, please see: http://www.iisp.hk
(b) You have the authoity to enter into this Agreement; y
(c) The registrared dominio name is reasonably related to the tu/tus/su/sus business o intended commercial purpose at the time of registration.
(3). PROVISION OF REGISTRATION DATA.
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3.1). Provision of Registro Data. As part of the registration process, you are required to provide us with certain infomation y to update this infomation to keep it current, complete y accurate. This infomation includes (i) tu/tus/su/sus full name, postal address, e-mail address, voice telephone number, y fax number if available; (ii) the name of an authoized person fo contact purposes in the case of a registrant that is an oganization, association, o copoation; (iii) the IP addresses of the primary nameserver y any secondary nameserver(s) fo the dominio name; (iv) the coresponding names of those nameservers; (v) the full name, postal address, email address, voice telephone number, y fax number if available of the technical contact fo the dominio name; (vi) the full name, postal address, e-mail address, voice telephone number, y fax number if available of the administrative contact fo the dominio name; (vii) the name, postal address, e-mail address, voice telephone number, y fax number if available of the billing contact fo the dominio name; y (viii) any remark concerning the registrared dominio name that should appear in the Whois directoy. You agree y understy that the foegoing registration data will be publicly available y accessible on the Whois directoy as required by ICANN/Registry Policy y may be sold in bulk in accodance with the ICANN Agreement.
(3.2) Inaccurate o Unreliable Data. You aquí by represent y warrant that the data provided in the dominio name registration application is true, corect, up to date y complete y that you will continue to keep all the infomation provided up to date. Your willful provision of inaccurate o unreliable infomation, tu/tus/su/sus willful failure promptly to update infomation provided to us, o any failure to respond fo over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing o technical contact then appearing in the Whois directoy with respect to an dominio name concerning the accuracy of datos de contacto associated with any registration(s) o the registration of any dominio name(s) registrared by o through you o tu/tus/su/sus account, shall constitute a breach of this Agreement. Any infomation collected by us concerning an identified o identifiable natural person ("Personal Data") will be used in connection with the registration of tu/tus/su/sus dominio name(s) y fo the purposes of this Agreement y as required o permitted by the ICANN Agreement o any ICANN/Registry Policy.
(4). DOMAIN NAME DISPUTE POLICY. Si you reserve o registrar a .biz dominio name through us, you agree to be bound by our current dominio name dispute policy that is incopoated aquí in y made a part of this Agreement by reference. Please take the time to familiarize tu/tus/su/susself with that policy. In addition, you aquí by ackahoraledge that you have read y understood y agree to be bound by the terms y conditions of the following documents, as they may be amended from time to time, which are aquí by incopoated y made an integral part of this Acuerdo:
The Unifom Nombre de Dominio 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; y
The Restrictions Dispute Resolution Criteria y Rules, available at http://www.iisp.hk.
The STOP sets foth the terms y conditions in connection with a dispute between a registrant of a dominio name ("Registrant") with any third party (other than Registry Operato o Registrador) over the registration o use of a dominio name registrared by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a servicio introduced by Registry Operato to notify a trademark o servicio mark holder ("Claimant") that a second-level dominio name has been registrared in which that Claimant claims intellectual property rights. In accodance with the STOP y its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets foth the terms y conditions in connection with a dispute between a Registrant y any party other than the Registry Operato o Registrador over the registration y use of an Internet dominio name registrared by Registrant. The RDRP sets foth the terms under which any allegation that a dominio name is not used primarily fo business o commercial purposes shall be enfoced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. Ninguno of the violations of the Restrictions will be enfoced directly by o through Registry Operato. Registry Operato will not review, monito, o otherwise verify that any particular dominio name is being used primarily fo business o commercial purposes o that a dominio name is being used in compliance with the SUDRP o 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 befoe it becomes effective. You agree that, by maintaining the reservation o registration of tu/tus/su/sus dominio name after modifications to the dispute policy become effective, you have agreed to these modifications. You ackahoraledge 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 tu/tus/su/sus Agreement with us.
(6). DOMAIN NAME DISPUTES. You agree that, if tu/tus/su/sus use of our dominio name registration servicios 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 dominio name dispute arises with any third party, you will indemnify y hold us harmless pursuant to the terms y conditions set foth below in this Agreement. Si we are notified that a complaint has been filed with a judicial o administrative body regarding tu/tus/su/sus use of our dominio name registration servicios, you agree not to make any changes to tu/tus/su/sus dominio name recod without our prio approval. We may not allow you to make changes to such dominio name recod until (i) we are directed to do so by the judicial o administrative body, o (ii) we receive notification by you y the other party contesting tu/tus/su/sus registration y use of our dominio name registration servicios that the dispute has been settled. Furthermoe, you agree that if you are subject to litigation regarding tu/tus/su/sus registration y use of our dominio name registration servicios, we may deposit control of tu/tus/su/sus dominio name recod into the registry of the judicial body by supplying a party with a registrar certificate from us.
12. ICANN POLICY. You agree that tu/tus/su/sus registration of the SLD name shall be subject to suspension, cancellation, o transfer pursuant to any ICANN-adopted policy, o pursuant to any registrar o registry procedure not inconsistent with an ICANN-adopted policy, (1) to corect mistakes by Registrador o the Registry in registraring the name o (2) fo the resolution of disputes concerning the SLD name.
13. AGENTS. You agree that, if tu/tus/su/sus agent (e.g., an Internet Service Provider, employee, etc.) comprard our servicio(s) on tu/tus/su/sus behalf, you are nonetheless bound as a principal by all terms y conditions aquí in, including the dispute policy. Your continued use of our servicios shall ratify any unauthoized actions of tu/tus/su/sus agent. By acting on tu/tus/su/sus behalf, tu/tus/su/sus agent certifies that he o she is authoized to apply fo our servicios on tu/tus/su/sus behalf, that he o she is authoized to bind you to the terms y conditions of this Agreement y that he o she has apprised you of the terms y conditions of this Agreement. In addition, you are responsible fo any erro made by tu/tus/su/sus agent. We will not refund fees paid by you o tu/tus/su/sus agent on tu/tus/su/sus behalf fo any reason, including, but not limited to, in the event that tu/tus/su/sus agent fails to comply with the terms y conditions of this Agreement, tu/tus/su/sus agent incorectly provides infomation in the application process o if tu/tus/su/sus agent changes o otherwise modifies tu/tus/su/sus dominio name recod incorectly.
14. NOTICES AND ANNOUNCEMENTS. You authoize us to notify you as our customer of infomation that we deem is of potential interest to you. Notices y announcements may include commercial e-mails y other notices describing changes, upgrades, new products y servicios o other infomation pertaining to Internet security o to enhance tu/tus/su/sus identity on the Internet y/o other relevant matters.
15. LIMITATION OF LIABILITY. You agree that our entire liability, y tu/tus/su/sus exclusive remedy, with respect to any Nicenic.com, Inc.’s servicio(s) provided under this Agreement y/o fo any breach of this Agreement is solely limited to the amount you paid fo such servicio(s). Nicenic.com, Inc. y its contractos shall not be liable fo any direct, indirect, incidental, special o consequential damages resulting from the use o inability to use any of the Nicenic.com, Inc. ’s servicios o fo the cost of procurement of substitute servicios. Because some states do not allow the exclusion o limitation of liability fo consequential o incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any y all loss o liability resulting from, but not limited to: (1) loss o liability resulting from access delays o access interruptions; (2) loss o liability resulting from data non-delivery o date mis-delivery; (3) loss o liability resulting from the unauthoized use o misuse of tu/tus/su/sus Account Number, Contraseña o security authentication option; (4) loss o liability resulting from erros, omissions, o misstatements in any y all infomation o servicios(s) provided under this Agreement; (5) loss o liability relating to the deletion of o failure to stoe e-mail messages; (6) loss o liability resulting from the development o interruption of tu/tus/su/sus web site; (7) loss o liability from tu/tus/su/sus inability to use our China mail servicio; (8) loss o liability that you may incur in connection with our processing of tu/tus/su/sus application fo our servicios, our processing of any authoized modification to tu/tus/su/sus dominio name recod o tu/tus/su/sus agents failure to pay any fees, including the initial registration fee o re-registration fee; o (9) loss o liability as a result of the application of our dispute policy.
16. INDEMNITY.
You agree to defend, indemnify y hold harmless Nicenic.com, Inc., its affiliates y business partners, y any applicable dominio name registry, including without limitation VeriSign, Inc., Afilias Limited, NeuNivel, Inc., Glaobal Nombre Registry y Public Interest Registry, y their respective subsidiaries y affiliates, y the directos, officers, employees y agents of each of them, from y against any y all claims, actions, losses, damages, expenses y costs, including reasonable attoneys' fees y expenses, arising out of o relating to (i) tu/tus/su/sus dominio name registration, (ii) any breach by you of this Agreement, including the Dispute Policy, o (iii) any third party claim, action, o demy related to tu/tus/su/sus dominio name o the use taquí of.
17. TRANSFER OF OWNERSHIP. The person named as administrative contact at the time the controlling user name y passwod are secured shall be the owner of the dominio name. You agree that prio to transferring ownership of tu/tus/su/sus dominio name to another person (the Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms y conditions of this Agreement. Your dominio name will not be transferred until we receive such written assurances o 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. Si the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms y conditions in this Agreement, any such transfer will be null y void.
18. BREACH. You agree that tu/tus/su/sus failure to abide by any provision of the Agreement, any Nicenic.com, Inc. operating rule o policy, the dispute policy o tu/tus/su/sus willful provision of inaccurate o unreliable infomation as part of the application process, o tu/tus/su/sus failure to update tu/tus/su/sus infomation to keep it current, complete o accurate, o tu/tus/su/sus failure to respond fo over fifteen (15) calendar days to inquiries from us concerning the accuracy of the datos de contacto associated with tu/tus/su/sus dominio name registration may be considered by us to be a material breach y that we may provide a written notice, describing the breach, to you. Si within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactoy to us, that you have not breached tu/tus/su/sus obligations under the Agreement, then we may delete the registration o reservation of tu/tus/su/sus dominio name y/o terminate the other Nicenic.com, Inc. servicio(s) you are using without further notice. We will not refund any fees paid by you if we terminate tu/tus/su/sus Agreement due to tu/tus/su/sus breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, o any other breach, by you.
19. NO GUARANTY. You agree that, by registration of tu/tus/su/sus chosen dominio name, such registration does not confer immunity from objection to either the registration o use of tu/tus/su/sus dominio name.
20. REPRESENTATIONS AND WARRANTIES. You agree y warrant that: (i) the infomation that you o tu/tus/su/sus agent on tu/tus/su/sus behalf provide to us during the application process to registrar tu/tus/su/sus dominio name o to apply fo other Nicenic.com, Inc. ’s servicio(s) is, to the best of tu/tus/su/sus kahoraledge y belief, accurate y complete, y that any future changes to this infomation will be provided to us in a timely manner accoding to the modification procedures in place at that time, (ii) to the best of tu/tus/su/sus kahoraledge y belief neither the registration of tu/tus/su/sus dominio name no the manner in which you intend to use such dominio name will directly o indirectly infringe the legal rights of a third party, (iii) you have all requisite power y authoity to execute this Agreement y to perfom tu/tus/su/sus obligations aquí under, (iv) you have selected the necessary security option(s) fo tu/tus/su/sus dominio name registration recod, y (v) you are of legal age to enter into this Agreement. You agree that tu/tus/su/sus use of our servicio(s) is solely at tu/tus/su/sus own risk. You agree that all of our servicios are provided on an “as is” y “as available” basis.
21. DISCLAIMER OF WARRANTIES. We expressly disclaim all warranties of any kind, whether expresso implted . Including but not limited to the implied warranties of merchantability,fitness fo a particular purpose y non-infringement. We make no warranty that our servicio(s) will be uninterrupted, timely, secure, o erro free: no do we make any warranty as to the results that by may be obtained from the use of the servicio(s). you understy y agree that any material y/o date downloaded o otherwise obtained through the use of our china mail servicio is done at tu/tus/su/sus own discretion y risk y that you will be solely responsible fo any damage to tu/tus/su/sus computer system o loss of data that results from the download of such material y/o data. we make no warranty regarding any goods o servicios comprard o obtained through any of our servicios o any transactions entered into through such servicios. No advice o infomation, whether oal o written, obtained by you from us o through our china mail servicio shall create any waranty not expressly made aquí in. to the extent juridictions do not allow the exclusion of certain warranites, some of the above exclusions may not apply to you
22. INFOMATION. As part of the registration process, you are required to provide us certain infomation y to update us promptly as such infomation changes such that our recods are current, complete y accurate. You are obliged to provide us the following infomation:
i) Your name y postal address (o, if different, that of the dominio name holder);
ii) The dominio name being registrared
iii) The name, postal address, e-mail address, y voice y fax (if available) telephone numbers of the administrative contact fo the dominio name.
iv) The name, postal address, e-mail address, y voice y fax (if available) telephone numbers of the billing contact fo the dominio name.
23. DISCLSistema Operativo (OS)URE AND USE OF REGISTRATION INFOMATION. You agree y ackahoraledge that we will make dominio name registration infomation you provide available to ICANN, to the registry administratos, y to other third parties as ICANN y applicable laws may require o permit. You further agree y ackahoraledge that we may make publicly available, o directly available to third party vendos, some, o all, of the dominio name registration infomation you provide, fo purposes of inspection (such as through our WHOIS servicio) o other purposes as required o permitted by ICANN y the applicable laws.
You aquí by consent to any y all such disclosures y use of, y guidelines, limits y restrictions on disclosure o use of, infomation provided by you in connection with the registration of a dominio name (including any updates to such infomation), whether during o after the term of tu/tus/su/sus registration of the dominio name. You aquí by irrevocably waive any y all claims y causes of action you may have arising from such disclosure o use of tu/tus/su/sus dominio name registration infomation by us.
You may access tu/tus/su/sus dominio name registration infomation in our possession to review, modify o update such infomation, by accessing our dominio manager servicio, o similar servicio, made available by us.
We will not process data about any identified o identifiable natural person that we obtain from you in a way incompatible with the purposes y other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the infomation we obtain from you from our loss, misuse, unauthoized access o disclosure, alteration o destruction of that infomation.
24. REVOCATION. You agree that we may terminate tu/tus/su/sus contractual right to use our servicio(s) if the infomation that you are obligated to provide to registrar tu/tus/su/sus dominio name o registrar fo other Nicenic.com, Inc. servicio(s), o that you subsequently modify, contains false o misleading infomation, o conceals o omits any infomation we would likely consider material to our decision to registrar tu/tus/su/sus dominio name o to continue to provide you dominio name registration servicios. Furthermoe, you agree that we may suspend, cancel o transfer tu/tus/su/sus dominio name registration servicios in oder to: (i) corect mistakes made by us o the registry in registraring tu/tus/su/sus chosen dominio name, o (ii) to resolve a dispute under our dispute policy. We will not refund any fees paid by you if we terminate tu/tus/su/sus servicios.
25. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to registrar tu/tus/su/sus chosen dominio name o registrar you fo other Nicenic.com, Inc. servicio(s), o to delete tu/tus/su/sus dominio name within the first thirty (30) calendar days from receipt of tu/tus/su/sus payment fo such servicios. In the event we do not registrar tu/tus/su/sus dominio name o registrar you fo other Nicenic.com, Inc. servicio(s), o we delete tu/tus/su/sus dominio name o other Nicenic.com, Inc. servicio(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 fo loss o damages that may result from our refusal to registrar, the deletion tu/tus/su/sus dominio name o refusal to registrar you fo other Nicenic.com, Inc. servicio(s).
26. SEVERABILITY. You agree that the terms of this Agreement are severable. Si any term o provision is declared invalid o unenfoceable, that term o provision will be construed consistent with applicable law as nearly as possible to reflect the oiginal intentions of the parties, y the remaining terms y provisions will remain in full foce y effect.
27. NON-AGENCY. Nothing contained in this Agreement o the Dispute Policy shall be construed as creating any agency, partnership, o other fom of joint enterprise between the parties.
28. NON-WAIVER. Nuestro/Nuestra/Nuestros/Nuestras failure to require perfomance by you of any provision aquí of shall not affect the full right to require such perfomance at any time taquí after; no shall the waiver by us of a breach of any provision aquí of be taken o held to be a waiver of the provision itself.
29.
NOTICES. Any notice, direction o other communication given under this Agreement shall be in writing y given by sending it via e-mail o 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 [email protected] o, in the case of notice to you, at the e-mail address provided by you in tu/tus/su/sus WHOIS recod. Any e-mail communication shall be deemed to have been validly y effectively given on the date of such communication, if such date is a business day y such delivery was made prio to 9:00 UTC, otherwise it will be deemed to have been delivered on the siguiente business day. In the case of regular mail notice, valid notice shall be deemed to have been validly y effectively given 5 business days after the date of mailing y, in the case of notification to us shall be sent to:
Nicenic.com, Inc.
6B XIHAI Building,No.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 y policies published by us, the dispute policy y the privacy statement are the complete y exclusive agreement between you y us regarding our servicios. This Agreement, our rules y policies, the dispute policy y the privacy statement supersede all prio agreements y understyings, whether established by custom, practice, policy o precedent.
32. TRANSFER AND ASSIGNMENT. You may transfer tu/tus/su/sus dominio name registration to a third party of tu/tus/su/sus choice, subject to the procedures y conditions found at: http://www.iisp.hk (This policy will be updated in this Novermber), incopoated aquí in by reference. Your rights under this Agreement are not assignable y any attempt by tu/tus/su/sus creditos to obtain an interest in tu/tus/su/sus rights under this Agreement, whether by attachment, levy, garnishment o otherwise, render this Agreement voidable at our option.
33. GOVERNING LAW. You agree that this Agreement y any disputes aquí under shall be governed in all respects by y construed in accodance with the laws of the China Dominio de Internet Nombre Regulations, Procedural Rules fo Nombre de Dominio Dispute Resolution of Nombre de Dominio Dispute Resolution Center of China International Economic y Trade Arbitration Commission, Detalleed Implementation Rules fo Registro of Nombres de Dominio in China, Chinese Nombres de Dominio Dispute Resolution Policy, Provisional Administrative Rules fo Registro of Nombres de Dominio in China, Internet Keywod Registro Measure.
34. AGREEMENT TO BE BOUND. By applying fo Nicenic.com, Inc. Service(s) through our online application process o by applying fo y registraring a dominio name as part of our e-mail template application process o by using the servicio(s) provided by Nicenic.com, Inc. under this Agreement, you ackahoraledge that you have read y agree to be bound by all terms y conditions of this Agreement y any pertinent rules o policies that are o may be published by Nicenic.com, Inc. Registro.
35. .MOBI - Should you seek to registrar a .MOBI second level dominio, you must agree to be bound by the following terms:
35.1 - Indemnify to the maximum extent permitted by law, defend y hold harmless the .MOBI Registry Operato, y its directos, officers, employees y agents from y against any y all claims, damages, liabilities, costs y expenses, including reasonable legal fees y expenses, arising out of o relating to tu/tus/su/sus dominio name registration y o use, y this indemnification obligation survives the termination o expiration of the registration agreement;
35.2 - Indemnify, defend y hold harmless .MOBI Registry Services Provider, its subsidiaries y affiliates, y the directos, officers, employees y agents o each of them, from y against any y all claims, damages, liabilities, costs y expenses, including reasonable legal fees y expenses, arising out of o relating to tu/tus/su/sus dominio name registration y o use, y this indemnification obligation survives the termination o expiration of the registration agreement;
35.3 - Ackahoraledge y agree that notwithstying anything in this Agreement to the contrary, mTLD Dominio de Nivel Superior (TLD) Ltd. ("dotmobi"), the Registry Operato of the .mobi TLD, is y shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement ackahoraledge y agree that the third party beneficiary rights of dotmobi have vested y that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to Puntoster being a registrar fo the .mobi top-level dominio. Agregaritionally, the third party beneficiary rights of dotmobi shall survive any termination o expiration of this Agreement.
35.4 - Comply with ICANN requirements, styards, policies, procedures, y practices fo which the .MOBI Registry Operato has monitoing responsibility in accodance with the Registry Agreement o other arrangement with ICANN;
35.5 - Comply with operational styards, policies, procedures, y practices fo the Registry TLD established from time to time by the .MOBI Registry Operato in a non-arbitrary manner as Registry Policies, applicable to all registrars y/o dominio registrants, y consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operato to Registrador;
35.6 - Consent to the use, copying, distribution, publication, modification y other processing of tu/tus/su/sus Personal Data by dotmobi, the .MOBI Registry Operato, y its designees y agents in a manner consistent with the purposes specified pursuant in its contract y with relevant myatoy local data protection, laws y privacy;
35.7 - Enviar to proceedings commenced under ICANN's Unifom Nombre de Dominio Dispute Resolution Policy ("UDRP");
35.8 - Immediately corect y update the registration infomation fo the registrared .MOBI Nombre during the registration term fo the .MOBI Registrared Nombre;
35.9 - Ackahoraledge y agree to be bound by the terms y conditions of the initial launch y general operations of the .MOBI Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Ly Rush Period, the Sunrise Dispute Resolution Policy, the Premium Nombre Todosocation Process, y the General Registro Period , y further to ackahoraledge that Registry Operato y the Registry Service Provider has no liability of any kind fo any loss o liability resulting from the proceedings y processes relating to the Limited Industry Launch, the Sunrise Period, the Ly Rush Period, the Sunrise Dispute Resolution Policy, the Premium Nombre Todosocation Process, y the General Registro Period including, without limitation: (a) the ability o inability of a registrant to obtain a Registrared Nombre during these periods, y (b) the results of any dispute made during the limited industry launch o over a Sunrise Registro.
35.10 - Ackahoraledge y agree that the .MOBI Registry y .MOBI Registry Services Provider, acting in consent with the .MOBI Registry, reserves the right to deny, cancel o transfer any registration that it deems necessary, in its discretion (i) to protect the integrity y stability of the registry; (ii) to comply with all applicable laws, government rules o requirements, requests of law enfocement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil o criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directos, representatives, employees, y stockholders; (iv) fo violations of the terms y conditions aquí in; o (v) to corect mistakes made by the Registry o any registrar in connection with a dominio name registration, y the Registry also reserves the right to freeze a Registrared Nombre during resolution of a dispute.
35.11 - Ackahoraledge y agree that you must comply with the requirements, styards, policies, procedures y practices set foth in the dotmobi Style Guide (www.mtld.mobi ) y consent to the monitoing of the website as described in the dotmobi Style Guide monitoing guidelines (www.mtld.mobi ) fo compliance with the Style Guide. Furthermoe, Registrant ackahoraledges y agrees that this Style Guide is subject to modification by the .MOBI Registry with any such changes appearing at the anterioriously designated URL, y that Registrant must promptly comply with any such changes in the time allotted.
35.12 - Ackahoraledge y agree that Proxy o Proxy Registros will not be allowed during the Sunrise Period, the Limited Industry Launch y the Premium Nombre Todosocation y Auction Period, y in such an instance will constitute a material breach to this contract.
36. ACCEPTANCE OF AGREEMENT. You ackahoraledge that you have read this agreement y agree to all its terms y conditions. You have independently evaluated the desirability of the servicio y are not relying on any representation agreement.Guarantee o statement other than as set foth in this agreement.
Nicenic.com International Limited. Registrador-Registrant Agreement