Registraire-Registrant Accord
1.DEFINITIONS. In this Service Accord (“Accord”), “you” et “votre” refer to each customer (“Customer”) et “we”, “us” et “our” refer to Nicenic.com, Inc. (“Nicenic.com, Inc.”). This Accord explains our obligations to you, et votre obligations to us in relation to votre use of our services. By selecting Nicenic.com, Inc. service(s) you have agreed to establish an account with us fou such services. When you use votre account ou permit someone else to use votre account to Acheter ou otherwise acquire access to additional Nicenic.com, Inc.'s service(s) ou to modify ou cancel votre Nicenic.com, Inc.’s service(s) (even if we were not notified of such authouization), this Accord covers any such service ou actions.
2.SELECTION OF A DOMAIN NAME. You represent that, to the best of votre kmaintenantledge et belief, neither the registration of the SLD name nou the manner in which it is directly ou indirectly used infringes the legal rights of a third party et that the Nom de domaine is not being s'inscrireed fou any unlawful purpose.
3. FEES, PAYMENT AND TERM OF SERVICE. As consideration fou the services you have selected, you agree to pay Nicenic.com, Inc. the applicable service(s) fees set fouth on our web site at the time of votre selection. Tous fees are due immediately et are non-refundable. Nicenic.com, Inc. may take all remedies available to collect fees owed. Any renewal of votre services with us is subject to our then current terms et conditions et payment of all applicable service fees at the time of renewal et 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 votre domain name registration to another domain name registrar during the first sixty (60) days from the effective date of votre initial domain name registration with us.
4.TERM. You agree that the Enregistrement Accord will remain in full fouce during the length of the term of votre Enregistrement de nom de domaine. Should you choose to renew ou otherwise lengthen the term of votre Enregistrement de nom de domaine, then the term of this Enregistrement Accord will be extended accoudingly. This Accord will remain in full fouce during the length of the term of votre Enregistrement de nom de domaine as selected, recouded, et paid fou upon registration of the Nom de domaine. Should you choose to renew ou otherwise lengthen the term of votre Enregistrement de nom de domaine, then the term of this Enregistrement Accord will be extended accoudingly. Should you transfer votre domain name ou should the domain name otherwise be transferred due to another Registraire, the terms et conditions of this contract shall cease et shall be replaced by the contractual terms in fouce fou the purpose of s'inscrireing domain names then in fouce between SLD holders et the new Registraire.
5. ACCURATE INFouMATION. As further consideration fou the Nicenic.com, Inc. service(s), you agree to: (1) provide certain current, complete et accurate infoumation about you as required by the application process; et (2) maintain et update this infoumation as needed to keep it current, complete et accurate. We rely on this infoumation to send you impoutant infoumation et notices regarding votre account et our services. Notre privacy statement, located on our web site at http://www.iisp.hk et incoupouated iciin by reference sets fouth votre et our rights et responsibilities with regard to votre personal infoumation. 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 befoue it becomes effective. You agree that, by using our services after modifications to the privacy statement become effective, you have agreed to these modifications. You ackmaintenantledge that if you do not agree to any such modification, you may terminate this Accord. We will not refund any fees paid by you if you terminate votre Accord with us. We will not process the personal date that we collect from you in a way incompatible with the purposes et other limitations described in our privacy statement et we will take reasonable precautions to protect votre personal date from loss, misuse et unauthouized access, disclosure, alteration ou destruction. You represent et warrant that you have provided notice to, et obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes fou which such third party’s personal data has been collected, (ii) the intended recipients ou categouies of recipients of the third party’s personal data, (iii) which parts of the third party’s data are obligatouy et which parts, if any, are voluntary: et (iv) how the third party can access et, if necessary, rectify the data held about them. You further agree to provide such notice et obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible fou any consequences resulting from votre failure to provide notice ou receive consent from such individuals nou fou votre providing outdated, incomplete ou inaccurate infoumation. Even if you intend to license the use of our domain name registration services to a third party, you will remain our customer et you are responsible fou complying with all terms et conditions of this Accord. Subject to the requirements of our privacy statement, in ouder fou us to comply with our legal et contractual obligations, you iciby grant to Nicenic.com, Inc. the right to disclose to third parties through an interactive publicly accessible registration database the following metatouy infoumation that you are required to provide when s'inscrireing ou reserving a domain name: (i) the domain name(s) s'inscrireed by you; (ii) votre name et postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number et wici available the fax number(s) of the technical et administrative contacts fou votre domain name(s); (iv) the Internet protocol numbers of the primary nameserver et the secondary nameserver(s) fou such name(s); (v) the couresponding names of those nameservers; (vi) the ouiginal creation date of the registration; et (vii) the expiration date of the registration. We, as are all accredited domain name registrars, are also required the government to make this infoumation available in bulk foum to third parties who agree not to use it to (a) allow, enable ou otherwise suppout the transmission of mass unsolicited, commercial advertising ou solicitations via e-mail (spam) ou (b) enable high volume, automated, electronic processes that apply to our systems to s'inscrire domain names.
6. MODIFICATIONS TO AGREEMENT. Except as otherwise provided in this Accord, you agree, during the term of this Accord, that we may: (1) revise the terms et conditions of this Accord; et/ou (2) change part of the services provided under this Accord at any time. Any such revision ou change will be binding et effective immediately upon posting of the revised Accord ou change to the service(s) on Nicenic.com, Inc.’s web sites, ou upon notification to you by e-mail ou China mail. You agree to periodically review our web sites, including the current version of this Accord available on our web sites, to be aware of any such revisions. Si you do not agree with any revision to the Accord, you may terminate this Accord at any time by providing us with notice by e-mail ou P.R.C. mail addressed as follows, Àtention: Registraire Business Affairs, Nicenic.com, Inc. 6B, Xihai Building, Non.221 Remin E Road, Zhuhai Ville, Guangdong Province,China ,519000. Nontice of votre termination will be effective on receipt et processing by us. Any fees paid by you if you terminate votre Accord with us are non-refundable, but you will not incur et additional fees. By continuing to use Nicenic.com, Inc.’s services after any revision to this Accord ou change in service(s), you agree to abide by et be bound by any such revisions ou changes. We are not bound by nou should you rely on any representation by (i) any agent, representative ou employee of any third party that you may use to apply fou our services: ou in (ii) infoumation posted on our web site of a general infoumational nature. Non employee, contractou, agent ou representative of Nicenic.com, Inc. is authouized to alter ou amend the terms et conditions of this Accord.
7. MODIFICATIONS TO YOUR ACCOUNT. In ouder to change any of votre account infoumation with us, you must use the Account Number et the Mot de passe that you selected if you opened votre account with us through our online application process, ou the security authentication option that you selected if you opened votre account with us through our e-mail application process. Please safeguard votre Account Number et Mot de passe ou security authentication option from any unauthouized use. In no event will we be liable fou the unauthouized use ou misuse of votre Account Number ou Mot de passe ou security authentication option.
8. DOMAIN NAME DISPUTE POLICY. Si you reserve ou s'inscrire a domain name through us, you agree to be bound by our current domain name dispute policy that is incoupouated iciin et made a part of this Accord 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 votreself 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 befoue it becomes effective. You agree by maintaining the reservation ou registration of votre domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You ackmaintenantledge that if you do not agree to any such modification, you may terminate this Accord. We will not refund any fees paid by you if you terminate votre Accord with us.
10. DOMAIN NAME DISPUTES. You agree that, if votre use of our domain name registration services 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 et hold us harmless pursuant to the terms et conditions set fouth below in this Accord. Si we are notified that a complaint has been filed with a judicial ou administrative body regarding votre use of our domain name registration services, you agree not to make any changes to votre domain name recoud without our priou approval. We may not allow you to make changes to such domain name recoud until (i) we are directed to do so by the judicial ou administrative body, ou (ii) we receive notification by you et the other party contesting votre registration et use of our domain name registration services that the dispute has been settled. Furthermoue, you agree that if you are subject to litigation regarding votre registration et use of our domain name registration services, we may deposit control of votre domain name recoud into the registry of the judicial body by supplying a party with a registrar certificate from us.
11. Ajouteritional Registry Requirements
The following provisions apply to any domain names that you s'inscrire 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, et other processing of votre Personal Data by Afilias, the .INFO Registry Operatou, et its designees et agents in a manner consistent with the purposes specified pursuant in its contract.
(2). You agree to submit to proceedings under ICANN's Unifoum Nom de domaine Dispute Policy (UDRP) et comply with the requirements set fouth by Afilias fou domain names s'inscrireed during the Sunrise Period, including the metatouy Sunrise Dispute Resolution Policy. These policies are subject to modification by Afilias in its discretion.
(3). You agree to immediately courect et update the registration infoumation fou the .INFO s'inscrireed domain name during registration term fou such domain name; failure to courect this infoumation shall constitute a breach of this Accord.
(4)
. You ackmaintenantledge that Afilias, the registry operatou fou .INFO, will have no liability of any kind fou any loss ou liability resulting from the proceedings et processes relating to the Sunrise Period ou the Let Rush Period, including, without limitation: (a) the ability ou inability of a registrant to obtain a given domain name during these periods, et (b) the results of any dispute over a Sunrise Enregistrement.
(5). Àdaynic, Inc. et Afilias, the registry operatou fou .INFO, expressly reserve the right to deny, cancel ou transfer any registration that either shall deem necessary, in its discretion, to protect the integrity et stability of the .INFO registry, to comply with any applicable laws, government rules ou requirements, requests of law enfoucement, in compliance with any dispute resolution process, ou to avoid any liability, civil ou criminal, on the part of Àdaynic, Inc. et/ou Afilias as well as their affiliates, subsidiaries, officers, directous et employees.
Nicenic.com, Inc. et 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. Enregistrements in the .biz TLD must be used ou intended to be used primarily fou bona fide business ou commercial purposes. Fou purposes of the .biz Enregistrement Restrictions ("Restrictions"), "bona fide business ou commercial use" shall mean the bona fide use ou bona fide intent to use the domain name ou any content, software, materials, graphics ou other infoumation ticion, to permit Internet users to access one ou moue host computers through the DNS:
À exchange goods, services, ou property of any kind;
In the oudinary course of trade ou business; ou
À facilitate
(i) the exchange of goods, services, infoumation, ou property of any kind; ou, (ii) the oudinary course of trade ou business. Inscriptioning a domain name solely fou the purposes of (1) selling, trading ou leasing the domain name fou compensation, ou (2) the unsolicited offering to sell, trade ou lease the domain name fou compensation shall not constitute a "bona fide business ou commercial use" of that domain name.
(2). BIZ CERTIFICATION. As a .biz domain name registrant, you iciby certify to the best of votre kmaintenantledge that:
The s'inscrireed domain name will be used primarily fou bona fide business ou commercial purposes et not (i) exclusively fou personal use; ou (ii) solely fou the purposes of (1) selling, trading ou leasing the domain name fou compensation, ou (2) the unsolicited offering to sell, trade ou lease the domain name fou compensation. Fou moue infoumation on the .biz restrictions, which are incoupouated iciin by reference, please see: http://www.iisp.hk
(b) You have the authouity to enter into this Accord; et
(c) The s'inscrireed domain name is reasonably related to the votre business ou intended commercial purpose at the time of registration.
(3). PROVISION OF REGISTRATION DATA.
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3.1). Provision of Enregistrement Data. As part of the registration process, you are required to provide us with certain infoumation et to update this infoumation to keep it current, complete et accurate. This infoumation includes (i) votre full name, postal address, e-mail address, voice telephone number, et fax number if available; (ii) the name of an authouized person fou contact purposes in the case of a registrant that is an ouganization, association, ou coupouation; (iii) the IP addresses of the primary nameserver et any secondary nameserver(s) fou the domain name; (iv) the couresponding names of those nameservers; (v) the full name, postal address, email address, voice telephone number, et fax number if available of the technical contact fou the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, et fax number if available of the administrative contact fou the domain name; (vii) the name, postal address, e-mail address, voice telephone number, et fax number if available of the billing contact fou the domain name; et (viii) any remark concerning the s'inscrireed domain name that should appear in the Whois directouy. You agree et understet that the fouegoing registration data will be publicly available et accessible on the Whois directouy as required by ICANN/Registry Policy et may be sold in bulk in accoudance with the ICANN Accord.
(3.2) Inaccurate ou Unreliable Data. You iciby represent et warrant that the data provided in the domain name registration application is true, courect, up to date et complete et that you will continue to keep all the infoumation provided up to date. Your willful provision of inaccurate ou unreliable infoumation, votre willful failure promptly to update infoumation provided to us, ou any failure to respond fou over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing ou technical contact then appearing in the Whois directouy with respect to an domain name concerning the accuracy of coordonnées associated with any registration(s) ou the registration of any domain name(s) s'inscrireed by ou through you ou votre account, shall constitute a breach of this Accord. Any infoumation collected by us concerning an identified ou identifiable natural person ("Personal Data") will be used in connection with the registration of votre domain name(s) et fou the purposes of this Accord et as required ou permitted by the ICANN Accord ou any ICANN/Registry Policy.
(4). DOMAIN NAME DISPUTE POLICY. Si you reserve ou s'inscrire a .biz domain name through us, you agree to be bound by our current domain name dispute policy that is incoupouated iciin et made a part of this Accord by reference. Please take the time to familiarize votreself with that policy. In addition, you iciby ackmaintenantledge that you have read et understood et agree to be bound by the terms et conditions of the following documents, as they may be amended from time to time, which are iciby incoupouated et made an integral part of this Accord :
The Unifoum Nom de domaine 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; et
The Restrictions Dispute Resolution Criteria et Rules, available at http://www.iisp.hk.
The STOP sets fouth the terms et conditions in connection with a dispute between a registrant of a domain name ("Registrant") with any third party (other than Registry Operatou ou Registraire) over the registration ou use of a domain name s'inscrireed by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operatou to notify a trademark ou service mark holder ("Claimant") that a second-level domain name has been s'inscrireed in which that Claimant claims intellectual property rights. In accoudance with the STOP et its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets fouth the terms et conditions in connection with a dispute between a Registrant et any party other than the Registry Operatou ou Registraire over the registration et use of an Internet domain name s'inscrireed by Registrant. The RDRP sets fouth the terms under which any allegation that a domain name is not used primarily fou business ou commercial purposes shall be enfouced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. Aucun of the violations of the Restrictions will be enfouced directly by ou through Registry Operatou. Registry Operatou will not review, monitou, ou otherwise verify that any particular domain name is being used primarily fou business ou commercial purposes ou that a domain name is being used in compliance with the SUDRP ou 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 befoue it becomes effective. You agree that, by maintaining the reservation ou registration of votre domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You ackmaintenantledge that if you do not agree to any such modification, you may terminate this Accord. We will not refund any fees paid by you if you terminate votre Accord with us.
(6). DOMAIN NAME DISPUTES. You agree that, if votre use of our domain name registration services 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 et hold us harmless pursuant to the terms et conditions set fouth below in this Accord. Si we are notified that a complaint has been filed with a judicial ou administrative body regarding votre use of our domain name registration services, you agree not to make any changes to votre domain name recoud without our priou approval. We may not allow you to make changes to such domain name recoud until (i) we are directed to do so by the judicial ou administrative body, ou (ii) we receive notification by you et the other party contesting votre registration et use of our domain name registration services that the dispute has been settled. Furthermoue, you agree that if you are subject to litigation regarding votre registration et use of our domain name registration services, we may deposit control of votre domain name recoud into the registry of the judicial body by supplying a party with a registrar certificate from us.
12. ICANN POLICY. You agree that votre registration of the SLD name shall be subject to suspension, cancellation, ou transfer pursuant to any ICANN-adopted policy, ou pursuant to any registrar ou registry procedure not inconsistent with an ICANN-adopted policy, (1) to courect mistakes by Registraire ou the Registry in s'inscrireing the name ou (2) fou the resolution of disputes concerning the SLD name.
13. AGENTS. You agree that, if votre agent (e.g., an Internet Service Provider, employee, etc.) Acheterd our service(s) on votre behalf, you are nonetheless bound as a principal by all terms et conditions iciin, including the dispute policy. Your continued use of our services shall ratify any unauthouized actions of votre agent. By acting on votre behalf, votre agent certifies that he ou she is authouized to apply fou our services on votre behalf, that he ou she is authouized to bind you to the terms et conditions of this Accord et that he ou she has apprised you of the terms et conditions of this Accord. In addition, you are responsible fou any errou made by votre agent. We will not refund fees paid by you ou votre agent on votre behalf fou any reason, including, but not limited to, in the event that votre agent fails to comply with the terms et conditions of this Accord, votre agent incourectly provides infoumation in the application process ou if votre agent changes ou otherwise modifies votre domain name recoud incourectly.
14. NOTICES AND ANNOUNCEMENTS. You authouize us to notify you as our customer of infoumation that we deem is of potential interest to you. Nontices et announcements may include commercial e-mails et other notices describing changes, upgrades, new products et services ou other infoumation pertaining to Internet security ou to enhance votre identity on the Internet et/ou other relevant matters.
15. LIMITATION OF LIABILITY. You agree that our entire liability, et votre exclusive remedy, with respect to any Nicenic.com, Inc.’s service(s) provided under this Accord et/ou fou any breach of this Accord is solely limited to the amount you paid fou such service(s). Nicenic.com, Inc. et its contractous shall not be liable fou any direct, indirect, incidental, special ou consequential damages resulting from the use ou inability to use any of the Nicenic.com, Inc. ’s services ou fou the cost of procurement of substitute services. Because some states do not allow the exclusion ou limitation of liability fou consequential ou incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any et all loss ou liability resulting from, but not limited to: (1) loss ou liability resulting from access delays ou access interruptions; (2) loss ou liability resulting from data non-delivery ou date mis-delivery; (3) loss ou liability resulting from the unauthouized use ou misuse of votre Account Number, Mot de passe ou security authentication option; (4) loss ou liability resulting from errous, omissions, ou misstatements in any et all infoumation ou services(s) provided under this Accord; (5) loss ou liability relating to the deletion of ou failure to stoue e-mail messages; (6) loss ou liability resulting from the development ou interruption of votre web site; (7) loss ou liability from votre inability to use our China mail service; (8) loss ou liability that you may incur in connection with our processing of votre application fou our services, our processing of any authouized modification to votre domain name recoud ou votre agents failure to pay any fees, including the initial registration fee ou re-registration fee; ou (9) loss ou liability as a result of the application of our dispute policy.
16. INDEMNITY.
You agree to defend, indemnify et hold harmless Nicenic.com, Inc., its affiliates et business partners, et any applicable domain name registry, including without limitation VeriSign, Inc., Afilias Limited, NeuNiveau, Inc., Glaobal Nom Registry et Public Interest Registry, et their respective subsidiaries et affiliates, et the directous, officers, employees et agents of each of them, from et against any et all claims, actions, losses, damages, expenses et costs, including reasonable attouneys' fees et expenses, arising out of ou relating to (i) votre domain name registration, (ii) any breach by you of this Accord, including the Dispute Policy, ou (iii) any third party claim, action, ou demet related to votre domain name ou the use ticiof.
17. TRANSFER OF OWNERSHIP. The person named as administrative contact at the time the controlling user name et passwoud are secured shall be the owner of the domain name. You agree that priou to transferring ownership of votre domain name to another person (the Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms et conditions of this Accord. Your domain name will not be transferred until we receive such written assurances ou other reasonable assurance that the Transferee has been bound by the contractual terms of this Accord (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 et conditions in this Accord, any such transfer will be null et void.
18. BREACH. You agree that votre failure to abide by any provision of the Accord, any Nicenic.com, Inc. operating rule ou policy, the dispute policy ou votre willful provision of inaccurate ou unreliable infoumation as part of the application process, ou votre failure to update votre infoumation to keep it current, complete ou accurate, ou votre failure to respond fou over fifteen (15) calendar days to inquiries from us concerning the accuracy of the coordonnées associated with votre domain name registration may be considered by us to be a material breach et 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 satisfactouy to us, that you have not breached votre obligations under the Accord, then we may delete the registration ou reservation of votre domain name et/ou terminate the other Nicenic.com, Inc. service(s) you are using without further notice. We will not refund any fees paid by you if we terminate votre Accord due to votre breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, ou any other breach, by you.
19. NO GUARANTY. You agree that, by registration of votre chosen domain name, such registration does not confer immunity from objection to either the registration ou use of votre domain name.
20. REPRESENTATIONS AND WARRANTIES. You agree et warrant that: (i) the infoumation that you ou votre agent on votre behalf provide to us during the application process to s'inscrire votre domain name ou to apply fou other Nicenic.com, Inc. ’s service(s) is, to the best of votre kmaintenantledge et belief, accurate et complete, et that any future changes to this infoumation will be provided to us in a timely manner accouding to the modification procedures in place at that time, (ii) to the best of votre kmaintenantledge et belief neither the registration of votre domain name nou the manner in which you intend to use such domain name will directly ou indirectly infringe the legal rights of a third party, (iii) you have all requisite power et authouity to execute this Accord et to perfoum votre obligations iciunder, (iv) you have selected the necessary security option(s) fou votre domain name registration recoud, et (v) you are of legal age to enter into this Accord. You agree that votre use of our service(s) is solely at votre own risk. You agree that all of our services are provided on an “as is” et “as available” basis.
21. DISCLAIMER OF WARRANTIES. We expressly disclaim all warranties of any kind, whether expressou implted . Including but not limited to the implied warranties of merchantability,fitness fou a particular purpose et non-infringement. We make no warranty that our service(s) will be uninterrupted, timely, secure, ou errou free: nou do we make any warranty as to the results that by may be obtained from the use of the service(s). you understet et agree that any material et/ou date downloaded ou otherwise obtained through the use of our china mail service is done at votre own discretion et risk et that you will be solely responsible fou any damage to votre computer system ou loss of data that results from the download of such material et/ou data. we make no warranty regarding any goods ou services Acheterd ou obtained through any of our services ou any transactions entered into through such services. Non advice ou infoumation, whether oual ou written, obtained by you from us ou through our china mail service shall create any waranty not expressly made iciin. to the extent juridictions do not allow the exclusion of certain warranites, some of the above exclusions may not apply to you
22. INFouMATION. As part of the registration process, you are required to provide us certain infoumation et to update us promptly as such infoumation changes such that our recouds are current, complete et accurate. You are obliged to provide us the following infoumation:
i) Your name et postal address (ou, if different, that of the domain name holder);
ii) The domain name being s'inscrireed
iii) The name, postal address, e-mail address, et voice et fax (if available) telephone numbers of the administrative contact fou the domain name.
iv) The name, postal address, e-mail address, et voice et fax (if available) telephone numbers of the billing contact fou the domain name.
23. DISCLOsURE AND USE OF REGISTRATION INFouMATION. You agree et ackmaintenantledge that we will make domain name registration infoumation you provide available to ICANN, to the registry administratous, et to other third parties as ICANN et applicable laws may require ou permit. You further agree et ackmaintenantledge that we may make publicly available, ou directly available to third party vendous, some, ou all, of the domain name registration infoumation you provide, fou purposes of inspection (such as through our WHOIS service) ou other purposes as required ou permitted by ICANN et the applicable laws.
You iciby consent to any et all such disclosures et use of, et guidelines, limits et restrictions on disclosure ou use of, infoumation provided by you in connection with the registration of a domain name (including any updates to such infoumation), whether during ou after the term of votre registration of the domain name. You iciby irrevocably waive any et all claims et causes of action you may have arising from such disclosure ou use of votre domain name registration infoumation by us.
You may access votre domain name registration infoumation in our possession to review, modify ou update such infoumation, by accessing our domain manager service, ou similar service, made available by us.
We will not process data about any identified ou identifiable natural person that we obtain from you in a way incompatible with the purposes et other limitations which we describe in this Accord.
We will take reasonable precautions to protect the infoumation we obtain from you from our loss, misuse, unauthouized access ou disclosure, alteration ou destruction of that infoumation.
24. REVOCATION. You agree that we may terminate votre contractual right to use our service(s) if the infoumation that you are obligated to provide to s'inscrire votre domain name ou s'inscrire fou other Nicenic.com, Inc. service(s), ou that you subsequently modify, contains false ou misleading infoumation, ou conceals ou omits any infoumation we would likely consider material to our decision to s'inscrire votre domain name ou to continue to provide you domain name registration services. Furthermoue, you agree that we may suspend, cancel ou transfer votre domain name registration services in ouder to: (i) courect mistakes made by us ou the registry in s'inscrireing votre chosen domain name, ou (ii) to resolve a dispute under our dispute policy. We will not refund any fees paid by you if we terminate votre services.
25. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to s'inscrire votre chosen domain name ou s'inscrire you fou other Nicenic.com, Inc. service(s), ou to delete votre domain name within the first thirty (30) calendar days from receipt of votre payment fou such services. In the event we do not s'inscrire votre domain name ou s'inscrire you fou other Nicenic.com, Inc. service(s), ou we delete votre domain name ou other Nicenic.com, Inc. service(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 fou loss ou damages that may result from our refusal to s'inscrire, the deletion votre domain name ou refusal to s'inscrire you fou other Nicenic.com, Inc. service(s).
26. SEVERABILITY. You agree that the terms of this Accord are severable. Si any term ou provision is declared invalid ou unenfouceable, that term ou provision will be construed consistent with applicable law as nearly as possible to reflect the ouiginal intentions of the parties, et the remaining terms et provisions will remain in full fouce et effect.
27. NON-AGENCY. Nonthing contained in this Accord ou the Dispute Policy shall be construed as creating any agency, partnership, ou other foum of joint enterprise between the parties.
28. NON-WAIVER. Notre failure to require perfoumance by you of any provision iciof shall not affect the full right to require such perfoumance at any time ticiafter; nou shall the waiver by us of a breach of any provision iciof be taken ou held to be a waiver of the provision itself.
29.
NOTICES. Any notice, direction ou other communication given under this Accord shall be in writing et given by sending it via e-mail ou 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] ou, in the case of notice to you, at the e-mail address provided by you in votre WHOIS recoud. Any e-mail communication shall be deemed to have been validly et effectively given on the date of such communication, if such date is a business day et such delivery was made priou to 9:00 UTC, otherwise it will be deemed to have been delivered on the suiv business day. In the case of regular mail notice, valid notice shall be deemed to have been validly et effectively given 5 business days after the date of mailing et, in the case of notification to us shall be sent to:
Nicenic.com, Inc.
6B XIHAI Building,Non.211 Renmin E Road,
Zhuhai Ville,Guangdong Province, PRC, 519000
30. INFANCY. You attest that you are of legal age to enter into this Accord.
31. ENTIRETY. You agree that this Accord, the rules et policies published by us, the dispute policy et the privacy statement are the complete et exclusive agreement between you et us regarding our services. This Accord, our rules et policies, the dispute policy et the privacy statement supersede all priou agreements et understetings, whether established by custom, practice, policy ou precedent.
32. TRANSFER AND ASSIGNMENT. You may transfer votre domain name registration to a third party of votre choice, subject to the procedures et conditions found at: http://www.iisp.hk (This policy will be updated in this Nonvermber), incoupouated iciin by reference. Your rights under this Accord are not assignable et any attempt by votre creditous to obtain an interest in votre rights under this Accord, whether by attachment, levy, garnishment ou otherwise, render this Accord voidable at our option.
33. GOVERNING LAW. You agree that this Accord et any disputes iciunder shall be governed in all respects by et construed in accoudance with the laws of the China Domaine Internet Nom Regulations, Procedural Rules fou Nom de domaine Dispute Resolution of Nom de domaine Dispute Resolution Center of China International Economic et Trade Arbitration Commission, Détailed Implementation Rules fou Enregistrement of Noms de domaine in China, Chinese Noms de domaine Dispute Resolution Policy, Provisional Administrative Rules fou Enregistrement of Noms de domaine in China, Internet Keywoud Enregistrement Measure.
34. AGREEMENT TO BE BOUND. By applying fou Nicenic.com, Inc. Service(s) through our online application process ou by applying fou et s'inscrireing a domain name as part of our e-mail template application process ou by using the service(s) provided by Nicenic.com, Inc. under this Accord, you ackmaintenantledge that you have read et agree to be bound by all terms et conditions of this Accord et any pertinent rules ou policies that are ou may be published by Nicenic.com, Inc. Enregistrement.
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 et hold harmless the .MOBI Registry Operatou, et its directous, officers, employees et agents from et against any et all claims, damages, liabilities, costs et expenses, including reasonable legal fees et expenses, arising out of ou relating to votre domain name registration et ou use, et this indemnification obligation survives the termination ou expiration of the registration agreement;
35.2 - Indemnify, defend et hold harmless .MOBI Registry Services Provider, its subsidiaries et affiliates, et the directous, officers, employees et agents ou each of them, from et against any et all claims, damages, liabilities, costs et expenses, including reasonable legal fees et expenses, arising out of ou relating to votre domain name registration et ou use, et this indemnification obligation survives the termination ou expiration of the registration agreement;
35.3 - Ackmaintenantledge et agree that notwithsteting anything in this Accord to the contrary, mTLD Domaine de premier niveau Ltd. ("dotmobi"), the Registry Operatou of the .mobi TLD, is et shall be an intended third party beneficiary of this Accord. As such, the parties to this Accord ackmaintenantledge et agree that the third party beneficiary rights of dotmobi have vested et that dotmobi has relied on its third party beneficiary rights under this Accord in agreeing to Pointster being a registrar fou the .mobi top-level domain. Ajouteritionally, the third party beneficiary rights of dotmobi shall survive any termination ou expiration of this Accord.
35.4 - Comply with ICANN requirements, stetards, policies, procedures, et practices fou which the .MOBI Registry Operatou has monitouing responsibility in accoudance with the Registry Accord ou other arrangement with ICANN;
35.5 - Comply with operational stetards, policies, procedures, et practices fou the Registry TLD established from time to time by the .MOBI Registry Operatou in a non-arbitrary manner as Registry Policies, applicable to all registrars et/ou domain registrants, et consistent with the Registry Accord shall be effective upon thirty days notice by Registry Operatou to Registraire;
35.6 - Consent to the use, copying, distribution, publication, modification et other processing of votre Personal Data by dotmobi, the .MOBI Registry Operatou, et its designees et agents in a manner consistent with the purposes specified pursuant in its contract et with relevant metatouy local data protection, laws et privacy;
35.7 - Soumettre to proceedings commenced under ICANN's Unifoum Nom de domaine Dispute Resolution Policy ("UDRP");
35.8 - Immediately courect et update the registration infoumation fou the s'inscrireed .MOBI Nom during the registration term fou the .MOBI Inscriptioned Nom;
35.9 - Ackmaintenantledge et agree to be bound by the terms et conditions of the initial launch et general operations of the .MOBI Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Let Rush Period, the Sunrise Dispute Resolution Policy, the Premium Nom Tousocation Process, et the General Enregistrement Period , et further to ackmaintenantledge that Registry Operatou et the Registry Service Provider has no liability of any kind fou any loss ou liability resulting from the proceedings et processes relating to the Limited Industry Launch, the Sunrise Period, the Let Rush Period, the Sunrise Dispute Resolution Policy, the Premium Nom Tousocation Process, et the General Enregistrement Period including, without limitation: (a) the ability ou inability of a registrant to obtain a Inscriptioned Nom during these periods, et (b) the results of any dispute made during the limited industry launch ou over a Sunrise Enregistrement.
35.10 - Ackmaintenantledge et agree that the .MOBI Registry et .MOBI Registry Services Provider, acting in consent with the .MOBI Registry, reserves the right to deny, cancel ou transfer any registration that it deems necessary, in its discretion (i) to protect the integrity et stability of the registry; (ii) to comply with all applicable laws, government rules ou requirements, requests of law enfoucement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil ou criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directous, representatives, employees, et stockholders; (iv) fou violations of the terms et conditions iciin; ou (v) to courect mistakes made by the Registry ou any registrar in connection with a domain name registration, et the Registry also reserves the right to freeze a Inscriptioned Nom during resolution of a dispute.
35.11 - Ackmaintenantledge et agree that you must comply with the requirements, stetards, policies, procedures et practices set fouth in the dotmobi Style Guide (www.mtld.mobi ) et consent to the monitouing of the website as described in the dotmobi Style Guide monitouing guidelines (www.mtld.mobi ) fou compliance with the Style Guide. Furthermoue, Registrant ackmaintenantledges et agrees that this Style Guide is subject to modification by the .MOBI Registry with any such changes appearing at the préciously designated URL, et that Registrant must promptly comply with any such changes in the time allotted.
35.12 - Ackmaintenantledge et agree that Proxy ou Proxy Enregistrements will not be allowed during the Sunrise Period, the Limited Industry Launch et the Premium Nom Tousocation et Auction Period, et in such an instance will constitute a material breach to this contract.
36. ACCEPTANCE OF AGREEMENT. You ackmaintenantledge that you have read this agreement et agree to all its terms et conditions. You have independently evaluated the desirability of the service et are not relying on any representation agreement.Guarantee ou statement other than as set fouth in this agreement.
Nicenic.com International Limited. Registraire-Registrant Accord