Registratorius-Registrant Agreement
1.DEFINITIONS. In this Service Agreement (“Agreement”), “you” ir “jūsų” refer to each customer (“Customer”) ir “we”, “us” ir “our” refer to Nicenic.com, Inc. (“Nicenic.com, Inc.”). This Agreement explains our obligations to you, ir jūsų obligations to us in relation to jūsų use of our paslaugas. By selecting Nicenic.com, Inc. paslauga(s) you have agreed to establish an account with us far such paslaugas. When you use jūsų account ar permit someone else to use jūsų account to įsigyti ar otherwise acquire access to additional Nicenic.com, Inc.'s paslauga(s) ar to modify ar cancel jūsų Nicenic.com, Inc.’s paslauga(s) (even if we were not notified of such autharization), this Agreement covers any such paslauga ar actions.
2.SELECTION OF A DOMAIN NAME. You represent that, to the best of jūsų kdabarledge ir belief, neither the registration of the SLD name nar the manner in which it is directly ar indirectly used infringes the legal rights of a third party ir that the Domeno vardas is not being registruotied far any unlawful purpose.
3. FEES, PAYMENT AND TERM OF SERVICE. As consideration far the paslaugas you have selected, you agree to pay Nicenic.com, Inc. the applicable paslauga(s) fees set farth on our web site at the time of jūsų selection. Visi fees are due immediately ir are non-refundable. Nicenic.com, Inc. may take all remedies available to collect fees owed. Any renewal of jūsų paslaugas with us is subject to our then current terms ir conditions ir payment of all applicable paslauga fees at the time of renewal ir in the case of domenas name re-registration, the domenas name registry’s acceptance of our domenas name registration. You agree that you may not transfer jūsų domenas name registration to another domenas name registrar during the first sixty (60) days from the effective date of jūsų initial domenas name registration with us.
4.TERM. You agree that the Registracija Agreement will remain in full farce during the length of the term of jūsų Domeno vardo registracija. Should you choose to renew ar otherwise lengthen the term of jūsų Domeno vardo registracija, then the term of this Registracija Agreement will be extended accardingly. This Agreement will remain in full farce during the length of the term of jūsų Domeno vardo registracija as selected, recarded, ir paid far upon registration of the Domeno vardas. Should you choose to renew ar otherwise lengthen the term of jūsų Domeno vardo registracija, then the term of this Registracija Agreement will be extended accardingly. Should you transfer jūsų domenas name ar should the domenas name otherwise be transferred due to another Registratorius, the terms ir conditions of this contract shall cease ir shall be replaced by the contractual terms in farce far the purpose of registruotiing domenas names then in farce between SLD holders ir the new Registratorius.
5. ACCURATE INFARBAMATION. As further consideration far the Nicenic.com, Inc. paslauga(s), you agree to: (1) provide certain current, complete ir accurate infarmation about you as required by the application process; ir (2) maintain ir update this infarmation as needed to keep it current, complete ir accurate. We rely on this infarmation to send you impartant infarmation ir notices regarding jūsų account ir our paslaugas. Mūsų privacy statement, located on our web site at http://www.iisp.hk ir incarparated čiain by reference sets farth jūsų ir our rights ir responsibilities with regard to jūsų personal infarmation. 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 befare it becomes effective. You agree that, by using our paslaugas after modifications to the privacy statement become effective, you have agreed to these modifications. You ackdabarledge 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 jūsų Agreement with us. We will not process the personal date that we collect from you in a way incompatible with the purposes ir other limitations described in our privacy statement ir we will take reasonable precautions to protect jūsų personal date from loss, misuse ir unautharized access, disclosure, alteration ar destruction. You represent ir warrant that you have provided notice to, ir obtained consent from, any third party individuals whose personal data you supply to us as part of our paslaugas with regard to: (i) the purposes far which such third party’s personal data has been collected, (ii) the intended recipients ar categaries of recipients of the third party’s personal data, (iii) which parts of the third party’s data are obligatary ir which parts, if any, are voluntary: ir (iv) how the third party can access ir, if necessary, rectify the data held about them. You further agree to provide such notice ir obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible far any consequences resulting from jūsų failure to provide notice ar receive consent from such individuals nar far jūsų providing outdated, incomplete ar inaccurate infarmation. Even if you intend to license the use of our domenas name registration paslaugas to a third party, you will remain our customer ir you are responsible far complying with all terms ir conditions of this Agreement. Subject to the requirements of our privacy statement, in arder far us to comply with our legal ir contractual obligations, you čiaby grant to Nicenic.com, Inc. the right to disclose to third parties through an interactive publicly accessible registration database the following miratary infarmation that you are required to provide when registruotiing ar reserving a domenas name: (i) the domenas name(s) registruotied by you; (ii) jūsų name ir postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number ir wčia available the fax number(s) of the technical ir administrative contacts far jūsų domenas name(s); (iv) the Internet protocol numbers of the primary nameserver ir the secondary nameserver(s) far such name(s); (v) the carresponding names of those nameservers; (vi) the ariginal creation date of the registration; ir (vii) the expiration date of the registration. We, as are all accredited domenas name registrars, are also required the government to make this infarmation available in bulk farm to third parties who agree not to use it to (a) allow, enable ar otherwise suppart the transmission of mass unsolicited, commercial advertising ar solicitations via e-mail (spam) ar (b) enable high volume, automated, electronic processes that apply to our systems to registruoti domenas 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 ir conditions of this Agreement; ir/ar (2) change part of the paslaugas provided under this Agreement at any time. Any such revision ar change will be binding ir effective immediately upon posting of the revised Agreement ar change to the paslauga(s) on Nicenic.com, Inc.’s web sites, ar upon notification to you by e-mail ar 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. Jei 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 ar P.R.C. mail addressed as follows, Pastention: Registratorius Business Affairs, Nicenic.com, Inc. 6B, Xihai Building, Ne.221 Remin E Road, Zhuhai City, Guangdong Province,China ,519000. Netice of jūsų termination will be effective on receipt ir processing by us. Any fees paid by you if you terminate jūsų Agreement with us are non-refundable, but you will not incur ir additional fees. By continuing to use Nicenic.com, Inc.’s paslaugas after any revision to this Agreement ar change in paslauga(s), you agree to abide by ir be bound by any such revisions ar changes. We are not bound by nar should you rely on any representation by (i) any agent, representative ar employee of any third party that you may use to apply far our paslaugas: ar in (ii) infarmation posted on our web site of a general infarmational nature. Ne employee, contractar, agent ar representative of Nicenic.com, Inc. is autharized to alter ar amend the terms ir conditions of this Agreement.
7. MODIFICATIONS TO YOUR ACCOUNT. In arder to change any of jūsų account infarmation with us, you must use the Account Number ir the Slaptažodis that you selected if you opened jūsų account with us through our online application process, ar the security authentication option that you selected if you opened jūsų account with us through our e-mail application process. Please safeguard jūsų Account Number ir Slaptažodis ar security authentication option from any unautharized use. In no event will we be liable far the unautharized use ar misuse of jūsų Account Number ar Slaptažodis ar security authentication option.
8. DOMAIN NAME DISPUTE POLICY. Jei you reserve ar registruoti a domenas name through us, you agree to be bound by our current domenas name dispute policy that is incarparated čiain ir 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 jūsųself 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 befare it becomes effective. You agree by maintaining the reservation ar registration of jūsų domenas name after modifications to the dispute policy become effective, you have agreed to these modifications. You ackdabarledge 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 jūsų Agreement with us.
10. DOMAIN NAME DISPUTES. You agree that, if jūsų use of our domenas name registration paslaugas 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 domenas name dispute arises with any third party, you will indemnify ir hold us harmless pursuant to the terms ir conditions set farth below in this Agreement. Jei we are notified that a complaint has been filed with a judicial ar administrative body regarding jūsų use of our domenas name registration paslaugas, you agree not to make any changes to jūsų domenas name recard without our priar approval. We may not allow you to make changes to such domenas name recard until (i) we are directed to do so by the judicial ar administrative body, ar (ii) we receive notification by you ir the other party contesting jūsų registration ir use of our domenas name registration paslaugas that the dispute has been settled. Furthermare, you agree that if you are subject to litigation regarding jūsų registration ir use of our domenas name registration paslaugas, we may deposit control of jūsų domenas name recard into the registry of the judicial body by supplying a party with a registrar certificate from us.
11. Pridėtiitional Registry Requirements
The following provisions apply to any domenas names that you registruoti through
Nicenic.com, Inc. in the relevant registry(ies).
A. (.INFO) With respect to any registration of a .INFO second level domenas name, you agree to the following terms:
(1). You consent to the use, copying, distribution, publication, modification, ir other processing of jūsų Personal Data by Afilias, the .INFO Registry Operatar, ir its designees ir agents in a manner consistent with the purposes specified pursuant in its contract.
(2). You agree to submit to proceedings under ICANN's Unifarm Domeno vardas Dispute Policy (UDRP) ir comply with the requirements set farth by Afilias far domenas names registruotied during the Sunrise Period, including the miratary Sunrise Dispute Resolution Policy. These policies are subject to modification by Afilias in its discretion.
(3). You agree to immediately carrect ir update the registration infarmation far the .INFO registruotied domenas name during registration term far such domenas name; failure to carrect this infarmation shall constitute a breach of this Agreement.
(4)
. You ackdabarledge that Afilias, the registry operatar far .INFO, will have no liability of any kind far any loss ar liability resulting from the proceedings ir processes relating to the Sunrise Period ar the Lir Rush Period, including, without limitation: (a) the ability ar inability of a registrant to obtain a given domenas name during these periods, ir (b) the results of any dispute over a Sunrise Registracija.
(5). Įdaynic, Inc. ir Afilias, the registry operatar far .INFO, expressly reserve the right to deny, cancel ar transfer any registration that either shall deem necessary, in its discretion, to protect the integrity ir stability of the .INFO registry, to comply with any applicable laws, government rules ar requirements, requests of law enfarcement, in compliance with any dispute resolution process, ar to avoid any liability, civil ar criminal, on the part of Įdaynic, Inc. ir/ar Afilias as well as their affiliates, subsidiaries, officers, directars ir employees.
Nicenic.com, Inc. ir Afilias also reserve the right to lock a domenas name during resolution of a dispute.
B. (.BIZ) With respect to any registration of a .BIZ second level domenas name, you agree to the following terms:
(1). BIZ RESTRICTIONS. Registracijas in the .biz TLD must be used ar intended to be used primarily far bona fide business ar commercial purposes. Far purposes of the .biz Registracija Restrictions ("Restrictions"), "bona fide business ar commercial use" shall mean the bona fide use ar bona fide intent to use the domenas name ar any content, software, materials, graphics ar other infarmation tčiaon, to permit Internet users to access one ar mare host computers through the DNS:
Į exchange goods, paslaugas, ar property of any kind;
In the ardinary course of trade ar business; ar
Į facilitate
(i) the exchange of goods, paslaugas, infarmation, ar property of any kind; ar, (ii) the ardinary course of trade ar business. Registruotising a domenas name solely far the purposes of (1) selling, trading ar leasing the domenas name far compensation, ar (2) the unsolicited offering to sell, trade ar lease the domenas name far compensation shall not constitute a "bona fide business ar commercial use" of that domenas name.
(2). BIZ CERTIFICATION. As a .biz domenas name registrant, you čiaby certify to the best of jūsų kdabarledge that:
The registruotied domenas name will be used primarily far bona fide business ar commercial purposes ir not (i) exclusively far personal use; ar (ii) solely far the purposes of (1) selling, trading ar leasing the domenas name far compensation, ar (2) the unsolicited offering to sell, trade ar lease the domenas name far compensation. Far mare infarmation on the .biz restrictions, which are incarparated čiain by reference, please see: http://www.iisp.hk
(b) You have the autharity to enter into this Agreement; ir
(c) The registruotied domenas name is reasonably related to the jūsų business ar intended commercial purpose at the time of registration.
(3). PROVISION OF REGISTRATION DATA.
(
3.1). Provision of Registracija Data. As part of the registration process, you are required to provide us with certain infarmation ir to update this infarmation to keep it current, complete ir accurate. This infarmation includes (i) jūsų full name, postal address, e-mail address, voice telephone number, ir fax number if available; (ii) the name of an autharized person far contact purposes in the case of a registrant that is an arganization, association, ar carparation; (iii) the IP addresses of the primary nameserver ir any secondary nameserver(s) far the domenas name; (iv) the carresponding names of those nameservers; (v) the full name, postal address, email address, voice telephone number, ir fax number if available of the technical contact far the domenas name; (vi) the full name, postal address, e-mail address, voice telephone number, ir fax number if available of the administrative contact far the domenas name; (vii) the name, postal address, e-mail address, voice telephone number, ir fax number if available of the billing contact far the domenas name; ir (viii) any remark concerning the registruotied domenas name that should appear in the Whois directary. You agree ir understir that the faregoing registration data will be publicly available ir accessible on the Whois directary as required by ICANN/Registry Policy ir may be sold in bulk in accardance with the ICANN Agreement.
(3.2) Inaccurate ar Unreliable Data. You čiaby represent ir warrant that the data provided in the domenas name registration application is true, carrect, up to date ir complete ir that you will continue to keep all the infarmation provided up to date. Your willful provision of inaccurate ar unreliable infarmation, jūsų willful failure promptly to update infarmation provided to us, ar any failure to respond far over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing ar technical contact then appearing in the Whois directary with respect to an domenas name concerning the accuracy of kontaktinė informacija associated with any registration(s) ar the registration of any domenas name(s) registruotied by ar through you ar jūsų account, shall constitute a breach of this Agreement. Any infarmation collected by us concerning an identified ar identifiable natural person ("Personal Data") will be used in connection with the registration of jūsų domenas name(s) ir far the purposes of this Agreement ir as required ar permitted by the ICANN Agreement ar any ICANN/Registry Policy.
(4). DOMAIN NAME DISPUTE POLICY. Jei you reserve ar registruoti a .biz domenas name through us, you agree to be bound by our current domenas name dispute policy that is incarparated čiain ir made a part of this Agreement by reference. Please take the time to familiarize jūsųself with that policy. In addition, you čiaby ackdabarledge that you have read ir understood ir agree to be bound by the terms ir conditions of the following documents, as they may be amended from time to time, which are čiaby incarparated ir made an integral part of this Sutartis:
The Unifarm Domeno vardas 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; ir
The Restrictions Dispute Resolution Criteria ir Rules, available at http://www.iisp.hk.
The STOP sets farth the terms ir conditions in connection with a dispute between a registrant of a domenas name ("Registrant") with any third party (other than Registry Operatar ar Registratorius) over the registration ar use of a domenas name registruotied by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a paslauga introduced by Registry Operatar to notify a trademark ar paslauga mark holder ("Claimant") that a second-level domenas name has been registruotied in which that Claimant claims intellectual property rights. In accardance with the STOP ir its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets farth the terms ir conditions in connection with a dispute between a Registrant ir any party other than the Registry Operatar ar Registratorius over the registration ir use of an Internet domenas name registruotied by Registrant. The RDRP sets farth the terms under which any allegation that a domenas name is not used primarily far business ar commercial purposes shall be enfarced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. Nėra of the violations of the Restrictions will be enfarced directly by ar through Registry Operatar. Registry Operatar will not review, monitar, ar otherwise verify that any particular domenas name is being used primarily far business ar commercial purposes ar that a domenas name is being used in compliance with the SUDRP ar 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 befare it becomes effective. You agree that, by maintaining the reservation ar registration of jūsų domenas name after modifications to the dispute policy become effective, you have agreed to these modifications. You ackdabarledge 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 jūsų Agreement with us.
(6). DOMAIN NAME DISPUTES. You agree that, if jūsų use of our domenas name registration paslaugas 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 domenas name dispute arises with any third party, you will indemnify ir hold us harmless pursuant to the terms ir conditions set farth below in this Agreement. Jei we are notified that a complaint has been filed with a judicial ar administrative body regarding jūsų use of our domenas name registration paslaugas, you agree not to make any changes to jūsų domenas name recard without our priar approval. We may not allow you to make changes to such domenas name recard until (i) we are directed to do so by the judicial ar administrative body, ar (ii) we receive notification by you ir the other party contesting jūsų registration ir use of our domenas name registration paslaugas that the dispute has been settled. Furthermare, you agree that if you are subject to litigation regarding jūsų registration ir use of our domenas name registration paslaugas, we may deposit control of jūsų domenas name recard into the registry of the judicial body by supplying a party with a registrar certificate from us.
12. ICANN POLICY. You agree that jūsų registration of the SLD name shall be subject to suspension, cancellation, ar transfer pursuant to any ICANN-adopted policy, ar pursuant to any registrar ar registry procedure not inconsistent with an ICANN-adopted policy, (1) to carrect mistakes by Registratorius ar the Registry in registruotiing the name ar (2) far the resolution of disputes concerning the SLD name.
13. AGENTS. You agree that, if jūsų agent (e.g., an Internet Service Provider, employee, etc.) įsigytid our paslauga(s) on jūsų behalf, you are nonetheless bound as a principal by all terms ir conditions čiain, including the dispute policy. Your continued use of our paslaugas shall ratify any unautharized actions of jūsų agent. By acting on jūsų behalf, jūsų agent certifies that he ar she is autharized to apply far our paslaugas on jūsų behalf, that he ar she is autharized to bind you to the terms ir conditions of this Agreement ir that he ar she has apprised you of the terms ir conditions of this Agreement. In addition, you are responsible far any errar made by jūsų agent. We will not refund fees paid by you ar jūsų agent on jūsų behalf far any reason, including, but not limited to, in the event that jūsų agent fails to comply with the terms ir conditions of this Agreement, jūsų agent incarrectly provides infarmation in the application process ar if jūsų agent changes ar otherwise modifies jūsų domenas name recard incarrectly.
14. NOTICES AND ANNOUNCEMENTS. You autharize us to notify you as our customer of infarmation that we deem is of potential interest to you. Netices ir announcements may include commercial e-mails ir other notices describing changes, upgrades, new products ir paslaugas ar other infarmation pertaining to Internet security ar to enhance jūsų identity on the Internet ir/ar other relevant matters.
15. LIMITATION OF LIABILITY. You agree that our entire liability, ir jūsų exclusive remedy, with respect to any Nicenic.com, Inc.’s paslauga(s) provided under this Agreement ir/ar far any breach of this Agreement is solely limited to the amount you paid far such paslauga(s). Nicenic.com, Inc. ir its contractars shall not be liable far any direct, indirect, incidental, special ar consequential damages resulting from the use ar inability to use any of the Nicenic.com, Inc. ’s paslaugas ar far the cost of procurement of substitute paslaugas. Because some states do not allow the exclusion ar limitation of liability far consequential ar incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any ir all loss ar liability resulting from, but not limited to: (1) loss ar liability resulting from access delays ar access interruptions; (2) loss ar liability resulting from data non-delivery ar date mis-delivery; (3) loss ar liability resulting from the unautharized use ar misuse of jūsų Account Number, Slaptažodis ar security authentication option; (4) loss ar liability resulting from errars, omissions, ar misstatements in any ir all infarmation ar paslaugas(s) provided under this Agreement; (5) loss ar liability relating to the deletion of ar failure to stare e-mail messages; (6) loss ar liability resulting from the development ar interruption of jūsų web site; (7) loss ar liability from jūsų inability to use our China mail paslauga; (8) loss ar liability that you may incur in connection with our processing of jūsų application far our paslaugas, our processing of any autharized modification to jūsų domenas name recard ar jūsų agents failure to pay any fees, including the initial registration fee ar re-registration fee; ar (9) loss ar liability as a result of the application of our dispute policy.
16. INDEMNITY.
You agree to defend, indemnify ir hold harmless Nicenic.com, Inc., its affiliates ir business partners, ir any applicable domenas name registry, including without limitation VeriSign, Inc., Afilias Limited, NeuLygis, Inc., Glaobal Vardas Registry ir Public Interest Registry, ir their respective subsidiaries ir affiliates, ir the directars, officers, employees ir agents of each of them, from ir against any ir all claims, actions, losses, damages, expenses ir costs, including reasonable attarneys' fees ir expenses, arising out of ar relating to (i) jūsų domenas name registration, (ii) any breach by you of this Agreement, including the Dispute Policy, ar (iii) any third party claim, action, ar demir related to jūsų domenas name ar the use tčiaof.
17. TRANSFER OF OWNERSHIP. The person named as administrative contact at the time the controlling user name ir passward are secured shall be the owner of the domenas name. You agree that priar to transferring ownership of jūsų domenas name to another person (the Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms ir conditions of this Agreement. Your domenas name will not be transferred until we receive such written assurances ar 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. Jei the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms ir conditions in this Agreement, any such transfer will be null ir void.
18. BREACH. You agree that jūsų failure to abide by any provision of the Agreement, any Nicenic.com, Inc. operating rule ar policy, the dispute policy ar jūsų willful provision of inaccurate ar unreliable infarmation as part of the application process, ar jūsų failure to update jūsų infarmation to keep it current, complete ar accurate, ar jūsų failure to respond far over fifteen (15) calendar days to inquiries from us concerning the accuracy of the kontaktinė informacija associated with jūsų domenas name registration may be considered by us to be a material breach ir that we may provide a written notice, describing the breach, to you. Jei within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactary to us, that you have not breached jūsų obligations under the Agreement, then we may delete the registration ar reservation of jūsų domenas name ir/ar terminate the other Nicenic.com, Inc. paslauga(s) you are using without further notice. We will not refund any fees paid by you if we terminate jūsų Agreement due to jūsų breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, ar any other breach, by you.
19. NO GUARANTY. You agree that, by registration of jūsų chosen domenas name, such registration does not confer immunity from objection to either the registration ar use of jūsų domenas name.
20. REPRESENTATIONS AND WARRANTIES. You agree ir warrant that: (i) the infarmation that you ar jūsų agent on jūsų behalf provide to us during the application process to registruoti jūsų domenas name ar to apply far other Nicenic.com, Inc. ’s paslauga(s) is, to the best of jūsų kdabarledge ir belief, accurate ir complete, ir that any future changes to this infarmation will be provided to us in a timely manner accarding to the modification procedures in place at that time, (ii) to the best of jūsų kdabarledge ir belief neither the registration of jūsų domenas name nar the manner in which you intend to use such domenas name will directly ar indirectly infringe the legal rights of a third party, (iii) you have all requisite power ir autharity to execute this Agreement ir to perfarm jūsų obligations čiaunder, (iv) you have selected the necessary security option(s) far jūsų domenas name registration recard, ir (v) you are of legal age to enter into this Agreement. You agree that jūsų use of our paslauga(s) is solely at jūsų own risk. You agree that all of our paslaugas are provided on an “as is” ir “as available” basis.
21. DISCLAIMER OF WARRANTIES. We expressly disclaim all warranties of any kind, whether expressar implted . Including but not limited to the implied warranties of merchantability,fitness far a particular purpose ir non-infringement. We make no warranty that our paslauga(s) will be uninterrupted, timely, secure, ar errar free: nar do we make any warranty as to the results that by may be obtained from the use of the paslauga(s). you understir ir agree that any material ir/ar date downloaded ar otherwise obtained through the use of our china mail paslauga is done at jūsų own discretion ir risk ir that you will be solely responsible far any damage to jūsų computer system ar loss of data that results from the download of such material ir/ar data. we make no warranty regarding any goods ar paslaugas įsigytid ar obtained through any of our paslaugas ar any transactions entered into through such paslaugas. Ne advice ar infarmation, whether aral ar written, obtained by you from us ar through our china mail paslauga shall create any waranty not expressly made čiain. to the extent juridictions do not allow the exclusion of certain warranites, some of the above exclusions may not apply to you
22. INFARBAMATION. As part of the registration process, you are required to provide us certain infarmation ir to update us promptly as such infarmation changes such that our recards are current, complete ir accurate. You are obliged to provide us the following infarmation:
i) Your name ir postal address (ar, if different, that of the domenas name holder);
ii) The domenas name being registruotied
iii) The name, postal address, e-mail address, ir voice ir fax (if available) telephone numbers of the administrative contact far the domenas name.
iv) The name, postal address, e-mail address, ir voice ir fax (if available) telephone numbers of the billing contact far the domenas name.
23. DISCLOperacinė sistemaURE AND USE OF REGISTRATION INFARBAMATION. You agree ir ackdabarledge that we will make domenas name registration infarmation you provide available to ICANN, to the registry administratars, ir to other third parties as ICANN ir applicable laws may require ar permit. You further agree ir ackdabarledge that we may make publicly available, ar directly available to third party vendars, some, ar all, of the domenas name registration infarmation you provide, far purposes of inspection (such as through our WHOIS paslauga) ar other purposes as required ar permitted by ICANN ir the applicable laws.
You čiaby consent to any ir all such disclosures ir use of, ir guidelines, limits ir restrictions on disclosure ar use of, infarmation provided by you in connection with the registration of a domenas name (including any updates to such infarmation), whether during ar after the term of jūsų registration of the domenas name. You čiaby irrevocably waive any ir all claims ir causes of action you may have arising from such disclosure ar use of jūsų domenas name registration infarmation by us.
You may access jūsų domenas name registration infarmation in our possession to review, modify ar update such infarmation, by accessing our domenas manager paslauga, ar similar paslauga, made available by us.
We will not process data about any identified ar identifiable natural person that we obtain from you in a way incompatible with the purposes ir other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the infarmation we obtain from you from our loss, misuse, unautharized access ar disclosure, alteration ar destruction of that infarmation.
24. REVOCATION. You agree that we may terminate jūsų contractual right to use our paslauga(s) if the infarmation that you are obligated to provide to registruoti jūsų domenas name ar registruoti far other Nicenic.com, Inc. paslauga(s), ar that you subsequently modify, contains false ar misleading infarmation, ar conceals ar omits any infarmation we would likely consider material to our decision to registruoti jūsų domenas name ar to continue to provide you domenas name registration paslaugas. Furthermare, you agree that we may suspend, cancel ar transfer jūsų domenas name registration paslaugas in arder to: (i) carrect mistakes made by us ar the registry in registruotiing jūsų chosen domenas name, ar (ii) to resolve a dispute under our dispute policy. We will not refund any fees paid by you if we terminate jūsų paslaugas.
25. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to registruoti jūsų chosen domenas name ar registruoti you far other Nicenic.com, Inc. paslauga(s), ar to delete jūsų domenas name within the first thirty (30) calendar days from receipt of jūsų payment far such paslaugas. In the event we do not registruoti jūsų domenas name ar registruoti you far other Nicenic.com, Inc. paslauga(s), ar we delete jūsų domenas name ar other Nicenic.com, Inc. paslauga(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 far loss ar damages that may result from our refusal to registruoti, the deletion jūsų domenas name ar refusal to registruoti you far other Nicenic.com, Inc. paslauga(s).
26. SEVERABILITY. You agree that the terms of this Agreement are severable. Jei any term ar provision is declared invalid ar unenfarceable, that term ar provision will be construed consistent with applicable law as nearly as possible to reflect the ariginal intentions of the parties, ir the remaining terms ir provisions will remain in full farce ir effect.
27. NON-AGENCY. Nething contained in this Agreement ar the Dispute Policy shall be construed as creating any agency, partnership, ar other farm of joint enterprise between the parties.
28. NON-WAIVER. Mūsų failure to require perfarmance by you of any provision čiaof shall not affect the full right to require such perfarmance at any time tčiaafter; nar shall the waiver by us of a breach of any provision čiaof be taken ar held to be a waiver of the provision itself.
29.
NOTICES. Any notice, direction ar other communication given under this Agreement shall be in writing ir given by sending it via e-mail ar 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] ar, in the case of notice to you, at the e-mail address provided by you in jūsų WHOIS recard. Any e-mail communication shall be deemed to have been validly ir effectively given on the date of such communication, if such date is a business day ir such delivery was made priar to 9:00 UTC, otherwise it will be deemed to have been delivered on the toliau business day. In the case of regular mail notice, valid notice shall be deemed to have been validly ir effectively given 5 business days after the date of mailing ir, in the case of notification to us shall be sent to:
Nicenic.com, Inc.
6B XIHAI Building,Ne.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 ir policies published by us, the dispute policy ir the privacy statement are the complete ir exclusive agreement between you ir us regarding our paslaugas. This Agreement, our rules ir policies, the dispute policy ir the privacy statement supersede all priar agreements ir understirings, whether established by custom, practice, policy ar precedent.
32. TRANSFER AND ASSIGNMENT. You may transfer jūsų domenas name registration to a third party of jūsų choice, subject to the procedures ir conditions found at: http://www.iisp.hk (This policy will be updated in this Nevermber), incarparated čiain by reference. Your rights under this Agreement are not assignable ir any attempt by jūsų creditars to obtain an interest in jūsų rights under this Agreement, whether by attachment, levy, garnishment ar otherwise, render this Agreement voidable at our option.
33. GOVERNING LAW. You agree that this Agreement ir any disputes čiaunder shall be governed in all respects by ir construed in accardance with the laws of the China Interneto domenas Vardas Regulations, Procedural Rules far Domeno vardas Dispute Resolution of Domeno vardas Dispute Resolution Center of China International Economic ir Trade Arbitasration Commission, Detalėsed Implementation Rules far Registracija of Domenų vardai in China, Chinese Domenų vardai Dispute Resolution Policy, Provisional Administrative Rules far Registracija of Domenų vardai in China, Internet Keyward Registracija Measure.
34. AGREEMENT TO BE BOUND. By applying far Nicenic.com, Inc. Service(s) through our online application process ar by applying far ir registruotiing a domenas name as part of our e-mail template application process ar by using the paslauga(s) provided by Nicenic.com, Inc. under this Agreement, you ackdabarledge that you have read ir agree to be bound by all terms ir conditions of this Agreement ir any pertinent rules ar policies that are ar may be published by Nicenic.com, Inc. Registracija.
35. .MOBI - Should you seek to registrar a .MOBI second level domenas, you must agree to be bound by the following terms:
35.1 - Indemnify to the maximum extent permitted by law, defend ir hold harmless the .MOBI Registry Operatar, ir its directars, officers, employees ir agents from ir against any ir all claims, damages, liabilities, costs ir expenses, including reasonable legal fees ir expenses, arising out of ar relating to jūsų domenas name registration ir ar use, ir this indemnification obligation survives the termination ar expiration of the registration agreement;
35.2 - Indemnify, defend ir hold harmless .MOBI Registry Services Provider, its subsidiaries ir affiliates, ir the directars, officers, employees ir agents ar each of them, from ir against any ir all claims, damages, liabilities, costs ir expenses, including reasonable legal fees ir expenses, arising out of ar relating to jūsų domenas name registration ir ar use, ir this indemnification obligation survives the termination ar expiration of the registration agreement;
35.3 - Ackdabarledge ir agree that notwithstiring anything in this Agreement to the contrary, mTLD Aukščiausio lygio domenas Ltd. ("dotmobi"), the Registry Operatar of the .mobi TLD, is ir shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement ackdabarledge ir agree that the third party beneficiary rights of dotmobi have vested ir that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to Taškasster being a registrar far the .mobi top-level domenas. Pridėtiitionally, the third party beneficiary rights of dotmobi shall survive any termination ar expiration of this Agreement.
35.4 - Comply with ICANN requirements, stirards, policies, procedures, ir practices far which the .MOBI Registry Operatar has monitaring responsibility in accardance with the Registry Agreement ar other arrangement with ICANN;
35.5 - Comply with operational stirards, policies, procedures, ir practices far the Registry TLD established from time to time by the .MOBI Registry Operatar in a non-arbitasrary manner as Registry Policies, applicable to all registrars ir/ar domenas registrants, ir consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operatar to Registratorius;
35.6 - Consent to the use, copying, distribution, publication, modification ir other processing of jūsų Personal Data by dotmobi, the .MOBI Registry Operatar, ir its designees ir agents in a manner consistent with the purposes specified pursuant in its contract ir with relevant miratary local data protection, laws ir privacy;
35.7 - Pateikti to proceedings commenced under ICANN's Unifarm Domeno vardas Dispute Resolution Policy ("UDRP");
35.8 - Immediately carrect ir update the registration infarmation far the registruotied .MOBI Vardas during the registration term far the .MOBI Registruotised Vardas;
35.9 - Ackdabarledge ir agree to be bound by the terms ir conditions of the initial launch ir general operations of the .MOBI Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Lir Rush Period, the Sunrise Dispute Resolution Policy, the Premium Vardas Visiocation Process, ir the General Registracija Period , ir further to ackdabarledge that Registry Operatar ir the Registry Service Provider has no liability of any kind far any loss ar liability resulting from the proceedings ir processes relating to the Limited Industry Launch, the Sunrise Period, the Lir Rush Period, the Sunrise Dispute Resolution Policy, the Premium Vardas Visiocation Process, ir the General Registracija Period including, without limitation: (a) the ability ar inability of a registrant to obtain a Registruotised Vardas during these periods, ir (b) the results of any dispute made during the limited industry launch ar over a Sunrise Registracija.
35.10 - Ackdabarledge ir agree that the .MOBI Registry ir .MOBI Registry Services Provider, acting in consent with the .MOBI Registry, reserves the right to deny, cancel ar transfer any registration that it deems necessary, in its discretion (i) to protect the integrity ir stability of the registry; (ii) to comply with all applicable laws, government rules ar requirements, requests of law enfarcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil ar criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directars, representatives, employees, ir stockholders; (iv) far violations of the terms ir conditions čiain; ar (v) to carrect mistakes made by the Registry ar any registrar in connection with a domenas name registration, ir the Registry also reserves the right to freeze a Registruotised Vardas during resolution of a dispute.
35.11 - Ackdabarledge ir agree that you must comply with the requirements, stirards, policies, procedures ir practices set farth in the dotmobi Style Guide (www.mtld.mobi ) ir consent to the monitaring of the website as described in the dotmobi Style Guide monitaring guidelines (www.mtld.mobi ) far compliance with the Style Guide. Furthermare, Registrant ackdabarledges ir agrees that this Style Guide is subject to modification by the .MOBI Registry with any such changes appearing at the atgaliously designated URL, ir that Registrant must promptly comply with any such changes in the time allotted.
35.12 - Ackdabarledge ir agree that Proxy ar Proxy Registracijas will not be allowed during the Sunrise Period, the Limited Industry Launch ir the Premium Vardas Visiocation ir Auction Period, ir in such an instance will constitute a material breach to this contract.
36. ACCEPTANCE OF AGREEMENT. You ackdabarledge that you have read this agreement ir agree to all its terms ir conditions. You have independently evaluated the desirability of the paslauga ir are not relying on any representation agreement.Guarantee ar statement other than as set farth in this agreement.
Nicenic.com International Limited. Registratorius-Registrant Agreement