Registrar-Registrant Agreement
1.DEFINITIONS. In this Service Agreement (“Agreement”), “you” at “iyong” refer to each customer (“Customer”) at “we”, “us” at “our” refer to Nicenic.com, Inc. (“Nicenic.com, Inc.”). This Agreement explains our obligations to you, at iyong obligations to us in relation to iyong use of our Serbisyos. By selecting Nicenic.com, Inc. Serbisyo(s) you have agreed to establish an account with us fo such Serbisyos. When you use iyong account o permit someone else to use iyong account to bumili o otherwise acquire access to additional Nicenic.com, Inc.'s Serbisyo(s) o to modify o cancel iyong Nicenic.com, Inc.’s Serbisyo(s) (even if we were not notified of such authoization), this Agreement covers any such Serbisyo o actions.
2.SELECTION OF A DOMAIN NAME. You represent that, to the best of iyong kngayonledge at 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 at that the Domain Name is not being magparehistroed fo any unlawful purpose.
3. FEES, PAYMENT AND TERM OF SERVICE. As consideration fo the Serbisyos you have selected, you agree to pay Nicenic.com, Inc. the applicable Serbisyo(s) fees set foth on our web site at the time of iyong selection. Lahat fees are due immediately at are non-refundable. Nicenic.com, Inc. may take all remedies available to collect fees owed. Any renewal of iyong Serbisyos with us is subject to our then current terms at conditions at payment of all applicable Serbisyo fees at the time of renewal at in the case of domain name re-registration, the domain name registry’s acceptance of our domain name registration. You agree that you may not transfer iyong domain name registration to another domain name registrar during the first sixty (60) days from the effective date of iyong initial domain name registration with us.
4.TERM. You agree that the Pagpaparehistro Agreement will remain in full foce during the length of the term of iyong Pagpaparehistro ng Domain Name. Should you choose to renew o otherwise lengthen the term of iyong Pagpaparehistro ng Domain Name, then the term of this Pagpaparehistro Agreement will be extended accodingly. This Agreement will remain in full foce during the length of the term of iyong Pagpaparehistro ng Domain Name as selected, recoded, at paid fo upon registration of the Domain Name. Should you choose to renew o otherwise lengthen the term of iyong Pagpaparehistro ng Domain Name, then the term of this Pagpaparehistro Agreement will be extended accodingly. Should you transfer iyong domain name o should the domain name otherwise be transferred due to another Registrar, the terms at conditions of this contract shall cease at shall be replaced by the contractual terms in foce fo the purpose of magparehistroing domain names then in foce between SLD holders at the new Registrar.
5. ACCURATE INFOMATION. As further consideration fo the Nicenic.com, Inc. Serbisyo(s), you agree to: (1) provide certain current, complete at accurate infomation about you as required by the application process; at (2) maintain at update this infomation as needed to keep it current, complete at accurate. We rely on this infomation to send you impotant infomation at notices regarding iyong account at our Serbisyos. Aming privacy statement, located on our web site at http://www.iisp.hk at incopoated ditoin by reference sets foth iyong at our rights at responsibilities with regard to iyong 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 Serbisyos after modifications to the privacy statement become effective, you have agreed to these modifications. You ackngayonledge 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 iyong Agreement with us. We will not process the personal date that we collect from you in a way incompatible with the purposes at other limitations described in our privacy statement at we will take reasonable precautions to protect iyong personal date from loss, misuse at unauthoized access, disclosure, alteration o destruction. You represent at warrant that you have provided notice to, at obtained consent from, any third party individuals whose personal data you supply to us as part of our Serbisyos 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 at which parts, if any, are voluntary: at (iv) how the third party can access at, if necessary, rectify the data held about them. You further agree to provide such notice at 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 iyong failure to provide notice o receive consent from such individuals no fo iyong providing outdated, incomplete o inaccurate infomation. Even if you intend to license the use of our domain name registration Serbisyos to a third party, you will remain our customer at you are responsible fo complying with all terms at conditions of this Agreement. Subject to the requirements of our privacy statement, in oder fo us to comply with our legal at contractual obligations, you ditoby grant to Nicenic.com, Inc. the right to disclose to third parties through an interactive publicly accessible registration database the following matatoy infomation that you are required to provide when magparehistroing o reserving a domain name: (i) the domain name(s) magparehistroed by you; (ii) iyong name at postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number at wdito available the fax number(s) of the technical at administrative contacts fo iyong domain name(s); (iv) the Internet protocol numbers of the primary nameserver at the secondary nameserver(s) fo such name(s); (v) the coresponding names of those nameservers; (vi) the oiginal creation date of the registration; at (vii) the expiration date of the registration. We, as are all accredited domain 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 magparehistro domain 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 at conditions of this Agreement; at/o (2) change part of the Serbisyos provided under this Agreement at any time. Any such revision o change will be binding at effective immediately upon posting of the revised Agreement o change to the Serbisyo(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. Kung 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, Satention: Registrar Business Affairs, Nicenic.com, Inc. 6B, Xihai Building, Hindi.221 Remin E Road, Zhuhai City, Guangdong Province,China ,519000. Hinditice of iyong termination will be effective on receipt at processing by us. Any fees paid by you if you terminate iyong Agreement with us are non-refundable, but you will not incur at additional fees. By continuing to use Nicenic.com, Inc.’s Serbisyos after any revision to this Agreement o change in Serbisyo(s), you agree to abide by at 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 Serbisyos: o in (ii) infomation posted on our web site of a general infomational nature. Hindi employee, contracto, agent o representative of Nicenic.com, Inc. is authoized to alter o amend the terms at conditions of this Agreement.
7. MODIFICATIONS TO YOUR ACCOUNT. In oder to change any of iyong account infomation with us, you must use the Account Number at the Password that you selected if you opened iyong account with us through our online application process, o the security authentication option that you selected if you opened iyong account with us through our e-mail application process. Please safeguard iyong Account Number at Password o security authentication option from any unauthoized use. In no event will we be liable fo the unauthoized use o misuse of iyong Account Number o Password o security authentication option.
8. DOMAIN NAME DISPUTE POLICY. Kung you reserve o magparehistro a domain name through us, you agree to be bound by our current domain name dispute policy that is incopoated ditoin at 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 iyongself 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 iyong domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You ackngayonledge 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 iyong Agreement with us.
10. DOMAIN NAME DISPUTES. You agree that, if iyong use of our domain name registration Serbisyos 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 domain name dispute arises with any third party, you will indemnify at hold us harmless pursuant to the terms at conditions set foth below in this Agreement. Kung we are notified that a complaint has been filed with a judicial o administrative body regarding iyong use of our domain name registration Serbisyos, you agree not to make any changes to iyong domain name recod without our prio approval. We may not allow you to make changes to such domain name recod until (i) we are directed to do so by the judicial o administrative body, o (ii) we receive notification by you at the other party contesting iyong registration at use of our domain name registration Serbisyos that the dispute has been settled. Furthermoe, you agree that if you are subject to litigation regarding iyong registration at use of our domain name registration Serbisyos, we may deposit control of iyong domain name recod into the registry of the judicial body by supplying a party with a registrar certificate from us.
11. Magdagdagitional Registry Requirements
The following provisions apply to any domain names that you magparehistro through
Nicenic.com, Inc. in the relevant registry(ies).
A. (.INFO) With respect to any registration of a .INFO second level domain name, you agree to the following terms:
(1). You consent to the use, copying, distribution, publication, modification, at other processing of iyong Personal Data by Afilias, the .INFO Registry Operato, at its designees at agents in a manner consistent with the purposes specified pursuant in its contract.
(2). You agree to submit to proceedings under ICANN's Unifom Domain Name Dispute Policy (UDRP) at comply with the requirements set foth by Afilias fo domain names magparehistroed during the Sunrise Period, including the matatoy Sunrise Dispute Resolution Policy. These policies are subject to modification by Afilias in its discretion.
(3). You agree to immediately corect at update the registration infomation fo the .INFO magparehistroed domain name during registration term fo such domain name; failure to corect this infomation shall constitute a breach of this Agreement.
(4)
. You ackngayonledge that Afilias, the registry operato fo .INFO, will have no liability of any kind fo any loss o liability resulting from the proceedings at processes relating to the Sunrise Period o the Lat Rush Period, including, without limitation: (a) the ability o inability of a registrant to obtain a given domain name during these periods, at (b) the results of any dispute over a Sunrise Pagpaparehistro.
(5). Para sadaynic, Inc. at 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 at 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 Para sadaynic, Inc. at/o Afilias as well as their affiliates, subsidiaries, officers, directos at employees.
Nicenic.com, Inc. at Afilias also reserve the right to lock a domain name during resolution of a dispute.
B. (.BIZ) With respect to any registration of a .BIZ second level domain name, you agree to the following terms:
(1). BIZ RESTRICTIONS. Pagpaparehistros 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 Pagpaparehistro Restrictions ("Restrictions"), "bona fide business o commercial use" shall mean the bona fide use o bona fide intent to use the domain name o any content, software, materials, graphics o other infomation tditoon, to permit Internet users to access one o moe host computers through the DNS:
Para sa exchange goods, Serbisyos, o property of any kind;
In the odinary course of trade o business; o
Para sa facilitate
(i) the exchange of goods, Serbisyos, infomation, o property of any kind; o, (ii) the odinary course of trade o business. Magrehistroing a domain name solely fo the purposes of (1) selling, trading o leasing the domain name fo compensation, o (2) the unsolicited offering to sell, trade o lease the domain name fo compensation shall not constitute a "bona fide business o commercial use" of that domain name.
(2). BIZ CERTIFICATION. As a .biz domain name registrant, you ditoby certify to the best of iyong kngayonledge that:
The magparehistroed domain name will be used primarily fo bona fide business o commercial purposes at not (i) exclusively fo personal use; o (ii) solely fo the purposes of (1) selling, trading o leasing the domain name fo compensation, o (2) the unsolicited offering to sell, trade o lease the domain name fo compensation. Fo moe infomation on the .biz restrictions, which are incopoated ditoin by reference, please see: http://www.iisp.hk
(b) You have the authoity to enter into this Agreement; at
(c) The magparehistroed domain name is reasonably related to the iyong business o intended commercial purpose at the time of registration.
(3). PROVISION OF REGISTRATION DATA.
(
3.1). Provision of Pagpaparehistro Data. As part of the registration process, you are required to provide us with certain infomation at to update this infomation to keep it current, complete at accurate. This infomation includes (i) iyong full name, postal address, e-mail address, voice telephone number, at 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 at any secondary nameserver(s) fo the domain name; (iv) the coresponding names of those nameservers; (v) the full name, postal address, email address, voice telephone number, at fax number if available of the technical contact fo the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, at fax number if available of the administrative contact fo the domain name; (vii) the name, postal address, e-mail address, voice telephone number, at fax number if available of the billing contact fo the domain name; at (viii) any remark concerning the magparehistroed domain name that should appear in the Whois directoy. You agree at understat that the foegoing registration data will be publicly available at accessible on the Whois directoy as required by ICANN/Registry Policy at may be sold in bulk in accodance with the ICANN Agreement.
(3.2) Inaccurate o Unreliable Data. You ditoby represent at warrant that the data provided in the domain name registration application is true, corect, up to date at complete at that you will continue to keep all the infomation provided up to date. Your willful provision of inaccurate o unreliable infomation, iyong 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 domain name concerning the accuracy of Mga detalye ng contact associated with any registration(s) o the registration of any domain name(s) magparehistroed by o through you o iyong 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 iyong domain name(s) at fo the purposes of this Agreement at as required o permitted by the ICANN Agreement o any ICANN/Registry Policy.
(4). DOMAIN NAME DISPUTE POLICY. Kung you reserve o magparehistro a .biz domain name through us, you agree to be bound by our current domain name dispute policy that is incopoated ditoin at made a part of this Agreement by reference. Please take the time to familiarize iyongself with that policy. In addition, you ditoby ackngayonledge that you have read at understood at agree to be bound by the terms at conditions of the following documents, as they may be amended from time to time, which are ditoby incopoated at made an integral part of this Kasunduan:
The Unifom Domain Name 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; at
The Restrictions Dispute Resolution Criteria at Rules, available at http://www.iisp.hk.
The STOP sets foth the terms at conditions in connection with a dispute between a registrant of a domain name ("Registrant") with any third party (other than Registry Operato o Registrar) over the registration o use of a domain name magparehistroed by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a Serbisyo introduced by Registry Operato to notify a trademark o Serbisyo mark holder ("Claimant") that a second-level domain name has been magparehistroed in which that Claimant claims intellectual property rights. In accodance with the STOP at 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 at conditions in connection with a dispute between a Registrant at any party other than the Registry Operato o Registrar over the registration at use of an Internet domain name magparehistroed by Registrant. The RDRP sets foth the terms under which any allegation that a domain 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. Wala 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 domain name is being used primarily fo business o commercial purposes o that a domain 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 iyong domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You ackngayonledge 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 iyong Agreement with us.
(6). DOMAIN NAME DISPUTES. You agree that, if iyong use of our domain name registration Serbisyos 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 domain name dispute arises with any third party, you will indemnify at hold us harmless pursuant to the terms at conditions set foth below in this Agreement. Kung we are notified that a complaint has been filed with a judicial o administrative body regarding iyong use of our domain name registration Serbisyos, you agree not to make any changes to iyong domain name recod without our prio approval. We may not allow you to make changes to such domain name recod until (i) we are directed to do so by the judicial o administrative body, o (ii) we receive notification by you at the other party contesting iyong registration at use of our domain name registration Serbisyos that the dispute has been settled. Furthermoe, you agree that if you are subject to litigation regarding iyong registration at use of our domain name registration Serbisyos, we may deposit control of iyong domain 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 iyong 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 Registrar o the Registry in magparehistroing the name o (2) fo the resolution of disputes concerning the SLD name.
13. AGENTS. You agree that, if iyong agent (e.g., an Internet Service Provider, employee, etc.) bumilid our Serbisyo(s) on iyong behalf, you are nonetheless bound as a principal by all terms at conditions ditoin, including the dispute policy. Your continued use of our Serbisyos shall ratify any unauthoized actions of iyong agent. By acting on iyong behalf, iyong agent certifies that he o she is authoized to apply fo our Serbisyos on iyong behalf, that he o she is authoized to bind you to the terms at conditions of this Agreement at that he o she has apprised you of the terms at conditions of this Agreement. In addition, you are responsible fo any erro made by iyong agent. We will not refund fees paid by you o iyong agent on iyong behalf fo any reason, including, but not limited to, in the event that iyong agent fails to comply with the terms at conditions of this Agreement, iyong agent incorectly provides infomation in the application process o if iyong agent changes o otherwise modifies iyong domain 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. Hinditices at announcements may include commercial e-mails at other notices describing changes, upgrades, new products at Serbisyos o other infomation pertaining to Internet security o to enhance iyong identity on the Internet at/o other relevant matters.
15. LIMITATION OF LIABILITY. You agree that our entire liability, at iyong exclusive remedy, with respect to any Nicenic.com, Inc.’s Serbisyo(s) provided under this Agreement at/o fo any breach of this Agreement is solely limited to the amount you paid fo such Serbisyo(s). Nicenic.com, Inc. at 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 Serbisyos o fo the cost of procurement of substitute Serbisyos. 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 at 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 iyong Account Number, Password o security authentication option; (4) loss o liability resulting from erros, omissions, o misstatements in any at all infomation o Serbisyos(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 iyong web site; (7) loss o liability from iyong inability to use our China mail Serbisyo; (8) loss o liability that you may incur in connection with our processing of iyong application fo our Serbisyos, our processing of any authoized modification to iyong domain name recod o iyong 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 at hold harmless Nicenic.com, Inc., its affiliates at business partners, at any applicable domain name registry, including without limitation VeriSign, Inc., Afilias Limited, NeuAntas, Inc., Glaobal Pangalan Registry at Public Interest Registry, at their respective subsidiaries at affiliates, at the directos, officers, employees at agents of each of them, from at against any at all claims, actions, losses, damages, expenses at costs, including reasonable attoneys' fees at expenses, arising out of o relating to (i) iyong domain name registration, (ii) any breach by you of this Agreement, including the Dispute Policy, o (iii) any third party claim, action, o demat related to iyong domain name o the use tditoof.
17. TRANSFER OF OWNERSHIP. The person named as administrative contact at the time the controlling user name at passwod are secured shall be the owner of the domain name. You agree that prio to transferring ownership of iyong domain name to another person (the Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms at conditions of this Agreement. Your domain 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. Kung the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms at conditions in this Agreement, any such transfer will be null at void.
18. BREACH. You agree that iyong failure to abide by any provision of the Agreement, any Nicenic.com, Inc. operating rule o policy, the dispute policy o iyong willful provision of inaccurate o unreliable infomation as part of the application process, o iyong failure to update iyong infomation to keep it current, complete o accurate, o iyong failure to respond fo over fifteen (15) calendar days to inquiries from us concerning the accuracy of the Mga detalye ng contact associated with iyong domain name registration may be considered by us to be a material breach at that we may provide a written notice, describing the breach, to you. Kung 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 iyong obligations under the Agreement, then we may delete the registration o reservation of iyong domain name at/o terminate the other Nicenic.com, Inc. Serbisyo(s) you are using without further notice. We will not refund any fees paid by you if we terminate iyong Agreement due to iyong 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 iyong chosen domain name, such registration does not confer immunity from objection to either the registration o use of iyong domain name.
20. REPRESENTATIONS AND WARRANTIES. You agree at warrant that: (i) the infomation that you o iyong agent on iyong behalf provide to us during the application process to magparehistro iyong domain name o to apply fo other Nicenic.com, Inc. ’s Serbisyo(s) is, to the best of iyong kngayonledge at belief, accurate at complete, at 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 iyong kngayonledge at belief neither the registration of iyong domain name no the manner in which you intend to use such domain name will directly o indirectly infringe the legal rights of a third party, (iii) you have all requisite power at authoity to execute this Agreement at to perfom iyong obligations ditounder, (iv) you have selected the necessary security option(s) fo iyong domain name registration recod, at (v) you are of legal age to enter into this Agreement. You agree that iyong use of our Serbisyo(s) is solely at iyong own risk. You agree that all of our Serbisyos are provided on an “as is” at “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 at non-infringement. We make no warranty that our Serbisyo(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 Serbisyo(s). you understat at agree that any material at/o date downloaded o otherwise obtained through the use of our china mail Serbisyo is done at iyong own discretion at risk at that you will be solely responsible fo any damage to iyong computer system o loss of data that results from the download of such material at/o data. we make no warranty regarding any goods o Serbisyos bumilid o obtained through any of our Serbisyos o any transactions entered into through such Serbisyos. Hindi advice o infomation, whether oal o written, obtained by you from us o through our china mail Serbisyo shall create any waranty not expressly made ditoin. 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 at to update us promptly as such infomation changes such that our recods are current, complete at accurate. You are obliged to provide us the following infomation:
i) Your name at postal address (o, if different, that of the domain name holder);
ii) The domain name being magparehistroed
iii) The name, postal address, e-mail address, at voice at fax (if available) telephone numbers of the administrative contact fo the domain name.
iv) The name, postal address, e-mail address, at voice at fax (if available) telephone numbers of the billing contact fo the domain name.
23. DISCLOSURE AND USE OF REGISTRATION INFOMATION. You agree at ackngayonledge that we will make domain name registration infomation you provide available to ICANN, to the registry administratos, at to other third parties as ICANN at applicable laws may require o permit. You further agree at ackngayonledge that we may make publicly available, o directly available to third party vendos, some, o all, of the domain name registration infomation you provide, fo purposes of inspection (such as through our WHOIS Serbisyo) o other purposes as required o permitted by ICANN at the applicable laws.
You ditoby consent to any at all such disclosures at use of, at guidelines, limits at restrictions on disclosure o use of, infomation provided by you in connection with the registration of a domain name (including any updates to such infomation), whether during o after the term of iyong registration of the domain name. You ditoby irrevocably waive any at all claims at causes of action you may have arising from such disclosure o use of iyong domain name registration infomation by us.
You may access iyong domain name registration infomation in our possession to review, modify o update such infomation, by accessing our domain manager Serbisyo, o similar Serbisyo, 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 at 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 iyong contractual right to use our Serbisyo(s) if the infomation that you are obligated to provide to magparehistro iyong domain name o magparehistro fo other Nicenic.com, Inc. Serbisyo(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 magparehistro iyong domain name o to continue to provide you domain name registration Serbisyos. Furthermoe, you agree that we may suspend, cancel o transfer iyong domain name registration Serbisyos in oder to: (i) corect mistakes made by us o the registry in magparehistroing iyong chosen domain name, o (ii) to resolve a dispute under our dispute policy. We will not refund any fees paid by you if we terminate iyong Serbisyos.
25. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to magparehistro iyong chosen domain name o magparehistro you fo other Nicenic.com, Inc. Serbisyo(s), o to delete iyong domain name within the first thirty (30) calendar days from receipt of iyong payment fo such Serbisyos. In the event we do not magparehistro iyong domain name o magparehistro you fo other Nicenic.com, Inc. Serbisyo(s), o we delete iyong domain name o other Nicenic.com, Inc. Serbisyo(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 magparehistro, the deletion iyong domain name o refusal to magparehistro you fo other Nicenic.com, Inc. Serbisyo(s).
26. SEVERABILITY. You agree that the terms of this Agreement are severable. Kung 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, at the remaining terms at provisions will remain in full foce at effect.
27. NON-AGENCY. Hindithing 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. Aming failure to require perfomance by you of any provision ditoof shall not affect the full right to require such perfomance at any time tditoafter; no shall the waiver by us of a breach of any provision ditoof 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 at 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 iyong WHOIS recod. Any e-mail communication shall be deemed to have been validly at effectively given on the date of such communication, if such date is a business day at such delivery was made prio to 9:00 UTC, otherwise it will be deemed to have been delivered on the susunod business day. In the case of regular mail notice, valid notice shall be deemed to have been validly at effectively given 5 business days after the date of mailing at, in the case of notification to us shall be sent to:
Nicenic.com, Inc.
6B XIHAI Building,Hindi.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 at policies published by us, the dispute policy at the privacy statement are the complete at exclusive agreement between you at us regarding our Serbisyos. This Agreement, our rules at policies, the dispute policy at the privacy statement supersede all prio agreements at understatings, whether established by custom, practice, policy o precedent.
32. TRANSFER AND ASSIGNMENT. You may transfer iyong domain name registration to a third party of iyong choice, subject to the procedures at conditions found at: http://www.iisp.hk (This policy will be updated in this Hindivermber), incopoated ditoin by reference. Your rights under this Agreement are not assignable at any attempt by iyong creditos to obtain an interest in iyong 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 at any disputes ditounder shall be governed in all respects by at construed in accodance with the laws of the China Domain sa Internet Pangalan Regulations, Procedural Rules fo Domain Name Dispute Resolution of Domain Name Dispute Resolution Center of China International Economic at Trade Arbitration Commission, Detalyeed Implementation Rules fo Pagpaparehistro of Mga Domain Name in China, Chinese Mga Domain Name Dispute Resolution Policy, Provisional Administrative Rules fo Pagpaparehistro of Mga Domain Name in China, Internet Keywod Pagpaparehistro Measure.
34. AGREEMENT TO BE BOUND. By applying fo Nicenic.com, Inc. Service(s) through our online application process o by applying fo at magparehistroing a domain name as part of our e-mail template application process o by using the Serbisyo(s) provided by Nicenic.com, Inc. under this Agreement, you ackngayonledge that you have read at agree to be bound by all terms at conditions of this Agreement at any pertinent rules o policies that are o may be published by Nicenic.com, Inc. Pagpaparehistro.
35. .MOBI - Should you seek to registrar a .MOBI second level domain, you must agree to be bound by the following terms:
35.1 - Indemnify to the maximum extent permitted by law, defend at hold harmless the .MOBI Registry Operato, at its directos, officers, employees at agents from at against any at all claims, damages, liabilities, costs at expenses, including reasonable legal fees at expenses, arising out of o relating to iyong domain name registration at o use, at this indemnification obligation survives the termination o expiration of the registration agreement;
35.2 - Indemnify, defend at hold harmless .MOBI Registry Services Provider, its subsidiaries at affiliates, at the directos, officers, employees at agents o each of them, from at against any at all claims, damages, liabilities, costs at expenses, including reasonable legal fees at expenses, arising out of o relating to iyong domain name registration at o use, at this indemnification obligation survives the termination o expiration of the registration agreement;
35.3 - Ackngayonledge at agree that notwithstating anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. ("dotmobi"), the Registry Operato of the .mobi TLD, is at shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement ackngayonledge at agree that the third party beneficiary rights of dotmobi have vested at that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to Tuldokster being a registrar fo the .mobi top-level domain. Magdagdagitionally, the third party beneficiary rights of dotmobi shall survive any termination o expiration of this Agreement.
35.4 - Comply with ICANN requirements, statards, policies, procedures, at 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 statards, policies, procedures, at 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 at/o domain registrants, at consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operato to Registrar;
35.6 - Consent to the use, copying, distribution, publication, modification at other processing of iyong Personal Data by dotmobi, the .MOBI Registry Operato, at its designees at agents in a manner consistent with the purposes specified pursuant in its contract at with relevant matatoy local data protection, laws at privacy;
35.7 - Isumite to proceedings commenced under ICANN's Unifom Domain Name Dispute Resolution Policy ("UDRP");
35.8 - Immediately corect at update the registration infomation fo the magparehistroed .MOBI Pangalan during the registration term fo the .MOBI Magrehistroed Pangalan;
35.9 - Ackngayonledge at agree to be bound by the terms at conditions of the initial launch at general operations of the .MOBI Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Lat Rush Period, the Sunrise Dispute Resolution Policy, the Premium Pangalan Lahatocation Process, at the General Pagpaparehistro Period , at further to ackngayonledge that Registry Operato at the Registry Service Provider has no liability of any kind fo any loss o liability resulting from the proceedings at processes relating to the Limited Industry Launch, the Sunrise Period, the Lat Rush Period, the Sunrise Dispute Resolution Policy, the Premium Pangalan Lahatocation Process, at the General Pagpaparehistro Period including, without limitation: (a) the ability o inability of a registrant to obtain a Magrehistroed Pangalan during these periods, at (b) the results of any dispute made during the limited industry launch o over a Sunrise Pagpaparehistro.
35.10 - Ackngayonledge at agree that the .MOBI Registry at .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 at 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, at stockholders; (iv) fo violations of the terms at conditions ditoin; o (v) to corect mistakes made by the Registry o any registrar in connection with a domain name registration, at the Registry also reserves the right to freeze a Magrehistroed Pangalan during resolution of a dispute.
35.11 - Ackngayonledge at agree that you must comply with the requirements, statards, policies, procedures at practices set foth in the dotmobi Style Guide (www.mtld.mobi ) at 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 ackngayonledges at agrees that this Style Guide is subject to modification by the .MOBI Registry with any such changes appearing at the nakaraaniously designated URL, at that Registrant must promptly comply with any such changes in the time allotted.
35.12 - Ackngayonledge at agree that Proxy o Proxy Pagpaparehistros will not be allowed during the Sunrise Period, the Limited Industry Launch at the Premium Pangalan Lahatocation at Auction Period, at in such an instance will constitute a material breach to this contract.
36. ACCEPTANCE OF AGREEMENT. You ackngayonledge that you have read this agreement at agree to all its terms at conditions. You have independently evaluated the desirability of the Serbisyo at are not relying on any representation agreement.Guarantee o statement other than as set foth in this agreement.
Nicenic.com International Limited. Registrar-Registrant Agreement