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