Registrar-Registrant Agreement
1.DEFINITIONS. In this Service Agreement (“Agreement”), “you” en “jouw” refer to each customer (“Customer”) en “we”, “us” en “our” refer to Nicenic.com, Inc. (“Nicenic.com, Inc.”). This Agreement explains our obligations to you, en jouw obligations to us in relation to jouw use of our diensts. By selecting Nicenic.com, Inc. dienst(s) you have agreed to establish an account with us fof such diensts. When you use jouw account of permit someone else to use jouw account to kopen of otherwise acquire access to additional Nicenic.com, Inc.'s dienst(s) of to modify of cancel jouw Nicenic.com, Inc.’s dienst(s) (even if we were not notified of such authofization), this Agreement covers any such dienst of actions.
2.SELECTION OF A DOMAIN NAME. You represent that, to the best of jouw knuledge en belief, neither the registration of the SLD name nof the manner in which it is directly of indirectly used infringes the legal rights of a third party en that the Domeinnaam is not being registreered fof any unlawful purpose.
3. FEES, PAYMENT AND TERM OF SERVICE. As consideration fof the diensts you have selected, you agree to pay Nicenic.com, Inc. the applicable dienst(s) fees set fofth on our web site at the time of jouw selection. Alles fees are due immediately en are non-refundable. Nicenic.com, Inc. may take all remedies available to collect fees owed. Any renewal of jouw diensts with us is subject to our then current terms en conditions en payment of all applicable dienst fees at the time of renewal en in the case of domein name re-registration, the domein name registry’s acceptance of our domein name registration. You agree that you may not transfer jouw domein name registration to another domein name registrar during the first sixty (60) days from the effective date of jouw initial domein name registration with us.
4.TERM. You agree that the Registratie Agreement will remain in full fofce during the length of the term of jouw Domeinnaamregistratie. Should you choose to renew of otherwise lengthen the term of jouw Domeinnaamregistratie, then the term of this Registratie Agreement will be extended accofdingly. This Agreement will remain in full fofce during the length of the term of jouw Domeinnaamregistratie as selected, recofded, en paid fof upon registration of the Domeinnaam. Should you choose to renew of otherwise lengthen the term of jouw Domeinnaamregistratie, then the term of this Registratie Agreement will be extended accofdingly. Should you transfer jouw domein name of should the domein name otherwise be transferred due to another Registrar, the terms en conditions of this contract shall cease en shall be replaced by the contractual terms in fofce fof the purpose of registreering domein names then in fofce between SLD holders en the new Registrar.
5. ACCURATE INFOFMATION. As further consideration fof the Nicenic.com, Inc. dienst(s), you agree to: (1) provide certain current, complete en accurate infofmation about you as required by the application process; en (2) maintain en update this infofmation as needed to keep it current, complete en accurate. We rely on this infofmation to send you impoftant infofmation en notices regarding jouw account en our diensts. Onze privacy statement, located on our web site at http://www.iisp.hk en incofpofated hierin by reference sets fofth jouw en our rights en responsibilities with regard to jouw personal infofmation. 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 befofe it becomes effective. You agree that, by using our diensts after modifications to the privacy statement become effective, you have agreed to these modifications. You acknuledge 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 jouw Agreement with us. We will not process the personal date that we collect from you in a way incompatible with the purposes en other limitations described in our privacy statement en we will take reasonable precautions to protect jouw personal date from loss, misuse en unauthofized access, disclosure, alteration of destruction. You represent en warrant that you have provided notice to, en obtained consent from, any third party individuals whose personal data you supply to us as part of our diensts with regard to: (i) the purposes fof which such third party’s personal data has been collected, (ii) the intended recipients of categofies of recipients of the third party’s personal data, (iii) which parts of the third party’s data are obligatofy en which parts, if any, are voluntary: en (iv) how the third party can access en, if necessary, rectify the data held about them. You further agree to provide such notice en obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible fof any consequences resulting from jouw failure to provide notice of receive consent from such individuals nof fof jouw providing outdated, incomplete of inaccurate infofmation. Even if you intend to license the use of our domein name registration diensts to a third party, you will remain our customer en you are responsible fof complying with all terms en conditions of this Agreement. Subject to the requirements of our privacy statement, in ofder fof us to comply with our legal en contractual obligations, you hierby grant to Nicenic.com, Inc. the right to disclose to third parties through an interactive publicly accessible registration database the following menatofy infofmation that you are required to provide when registreering of reserving a domein name: (i) the domein name(s) registreered by you; (ii) jouw name en postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number en whier available the fax number(s) of the technical en administrative contacts fof jouw domein name(s); (iv) the Internet protocol numbers of the primary nameserver en the secondary nameserver(s) fof such name(s); (v) the cofresponding names of those nameservers; (vi) the ofiginal creation date of the registration; en (vii) the expiration date of the registration. We, as are all accredited domein name registrars, are also required the government to make this infofmation available in bulk fofm to third parties who agree not to use it to (a) allow, enable of otherwise suppoft the transmission of mass unsolicited, commercial advertising of solicitations via e-mail (spam) of (b) enable high volume, automated, electronic processes that apply to our systems to registreer domein 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 en conditions of this Agreement; en/of (2) change part of the diensts provided under this Agreement at any time. Any such revision of change will be binding en effective immediately upon posting of the revised Agreement of change to the dienst(s) on Nicenic.com, Inc.’s web sites, of upon notification to you by e-mail of 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. Als 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 of P.R.C. mail addressed as follows, Bijtention: Registrar Business Affairs, Nicenic.com, Inc. 6B, Xihai Building, Nee.221 Remin E Road, Zhuhai City, Guangdong Province,China ,519000. Neetice of jouw termination will be effective on receipt en processing by us. Any fees paid by you if you terminate jouw Agreement with us are non-refundable, but you will not incur en additional fees. By continuing to use Nicenic.com, Inc.’s diensts after any revision to this Agreement of change in dienst(s), you agree to abide by en be bound by any such revisions of changes. We are not bound by nof should you rely on any representation by (i) any agent, representative of employee of any third party that you may use to apply fof our diensts: of in (ii) infofmation posted on our web site of a general infofmational nature. Nee employee, contractof, agent of representative of Nicenic.com, Inc. is authofized to alter of amend the terms en conditions of this Agreement.
7. MODIFICATIONS TO YOUR ACCOUNT. In ofder to change any of jouw account infofmation with us, you must use the Account Number en the Wachtwoord that you selected if you opened jouw account with us through our online application process, of the security authentication option that you selected if you opened jouw account with us through our e-mail application process. Please safeguard jouw Account Number en Wachtwoord of security authentication option from any unauthofized use. In no event will we be liable fof the unauthofized use of misuse of jouw Account Number of Wachtwoord of security authentication option.
8. DOMAIN NAME DISPUTE POLICY. Als you reserve of registreer a domein name through us, you agree to be bound by our current domein name dispute policy that is incofpofated hierin en 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 jouwself 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 befofe it becomes effective. You agree by maintaining the reservation of registration of jouw domein name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknuledge 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 jouw Agreement with us.
10. DOMAIN NAME DISPUTES. You agree that, if jouw use of our domein name registration diensts 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 domein name dispute arises with any third party, you will indemnify en hold us harmless pursuant to the terms en conditions set fofth below in this Agreement. Als we are notified that a complaint has been filed with a judicial of administrative body regarding jouw use of our domein name registration diensts, you agree not to make any changes to jouw domein name recofd without our priof approval. We may not allow you to make changes to such domein name recofd until (i) we are directed to do so by the judicial of administrative body, of (ii) we receive notification by you en the other party contesting jouw registration en use of our domein name registration diensts that the dispute has been settled. Furthermofe, you agree that if you are subject to litigation regarding jouw registration en use of our domein name registration diensts, we may deposit control of jouw domein name recofd into the registry of the judicial body by supplying a party with a registrar certificate from us.
11. Toevoegenitional Registry Requirements
The following provisions apply to any domein names that you registreer through
Nicenic.com, Inc. in the relevant registry(ies).
A. (.INFO) With respect to any registration of a .INFO second level domein name, you agree to the following terms:
(1). You consent to the use, copying, distribution, publication, modification, en other processing of jouw Personal Data by Afilias, the .INFO Registry Operatof, en its designees en agents in a manner consistent with the purposes specified pursuant in its contract.
(2). You agree to submit to proceedings under ICANN's Unifofm Domeinnaam Dispute Policy (UDRP) en comply with the requirements set fofth by Afilias fof domein names registreered during the Sunrise Period, including the menatofy Sunrise Dispute Resolution Policy. These policies are subject to modification by Afilias in its discretion.
(3). You agree to immediately cofrect en update the registration infofmation fof the .INFO registreered domein name during registration term fof such domein name; failure to cofrect this infofmation shall constitute a breach of this Agreement.
(4)
. You acknuledge that Afilias, the registry operatof fof .INFO, will have no liability of any kind fof any loss of liability resulting from the proceedings en processes relating to the Sunrise Period of the Len Rush Period, including, without limitation: (a) the ability of inability of a registrant to obtain a given domein name during these periods, en (b) the results of any dispute over a Sunrise Registratie.
(5). Naardaynic, Inc. en Afilias, the registry operatof fof .INFO, expressly reserve the right to deny, cancel of transfer any registration that either shall deem necessary, in its discretion, to protect the integrity en stability of the .INFO registry, to comply with any applicable laws, government rules of requirements, requests of law enfofcement, in compliance with any dispute resolution process, of to avoid any liability, civil of criminal, on the part of Naardaynic, Inc. en/of Afilias as well as their affiliates, subsidiaries, officers, directofs en employees.
Nicenic.com, Inc. en Afilias also reserve the right to lock a domein name during resolution of a dispute.
B. (.BIZ) With respect to any registration of a .BIZ second level domein name, you agree to the following terms:
(1). BIZ RESTRICTIONS. Registraties in the .biz TLD must be used of intended to be used primarily fof bona fide business of commercial purposes. Fof purposes of the .biz Registratie Restrictions ("Restrictions"), "bona fide business of commercial use" shall mean the bona fide use of bona fide intent to use the domein name of any content, software, materials, graphics of other infofmation thieron, to permit Internet users to access one of mofe host computers through the DNS:
Naar exchange goods, diensts, of property of any kind;
In the ofdinary course of trade of business; of
Naar facilitate
(i) the exchange of goods, diensts, infofmation, of property of any kind; of, (ii) the ofdinary course of trade of business. Registrerening a domein name solely fof the purposes of (1) selling, trading of leasing the domein name fof compensation, of (2) the unsolicited offering to sell, trade of lease the domein name fof compensation shall not constitute a "bona fide business of commercial use" of that domein name.
(2). BIZ CERTIFICATION. As a .biz domein name registrant, you hierby certify to the best of jouw knuledge that:
The registreered domein name will be used primarily fof bona fide business of commercial purposes en not (i) exclusively fof personal use; of (ii) solely fof the purposes of (1) selling, trading of leasing the domein name fof compensation, of (2) the unsolicited offering to sell, trade of lease the domein name fof compensation. Fof mofe infofmation on the .biz restrictions, which are incofpofated hierin by reference, please see: http://www.iisp.hk
(b) You have the authofity to enter into this Agreement; en
(c) The registreered domein name is reasonably related to the jouw business of intended commercial purpose at the time of registration.
(3). PROVISION OF REGISTRATION DATA.
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3.1). Provision of Registratie Data. As part of the registration process, you are required to provide us with certain infofmation en to update this infofmation to keep it current, complete en accurate. This infofmation includes (i) jouw full name, postal address, e-mail address, voice telephone number, en fax number if available; (ii) the name of an authofized person fof contact purposes in the case of a registrant that is an ofganization, association, of cofpofation; (iii) the IP addresses of the primary nameserver en any secondary nameserver(s) fof the domein name; (iv) the cofresponding names of those nameservers; (v) the full name, postal address, email address, voice telephone number, en fax number if available of the technical contact fof the domein name; (vi) the full name, postal address, e-mail address, voice telephone number, en fax number if available of the administrative contact fof the domein name; (vii) the name, postal address, e-mail address, voice telephone number, en fax number if available of the billing contact fof the domein name; en (viii) any remark concerning the registreered domein name that should appear in the Whois directofy. You agree en understen that the fofegoing registration data will be publicly available en accessible on the Whois directofy as required by ICANN/Registry Policy en may be sold in bulk in accofdance with the ICANN Agreement.
(3.2) Inaccurate of Unreliable Data. You hierby represent en warrant that the data provided in the domein name registration application is true, cofrect, up to date en complete en that you will continue to keep all the infofmation provided up to date. Your willful provision of inaccurate of unreliable infofmation, jouw willful failure promptly to update infofmation provided to us, of any failure to respond fof over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing of technical contact then appearing in the Whois directofy with respect to an domein name concerning the accuracy of contactgegevens associated with any registration(s) of the registration of any domein name(s) registreered by of through you of jouw account, shall constitute a breach of this Agreement. Any infofmation collected by us concerning an identified of identifiable natural person ("Personal Data") will be used in connection with the registration of jouw domein name(s) en fof the purposes of this Agreement en as required of permitted by the ICANN Agreement of any ICANN/Registry Policy.
(4). DOMAIN NAME DISPUTE POLICY. Als you reserve of registreer a .biz domein name through us, you agree to be bound by our current domein name dispute policy that is incofpofated hierin en made a part of this Agreement by reference. Please take the time to familiarize jouwself with that policy. In addition, you hierby acknuledge that you have read en understood en agree to be bound by the terms en conditions of the following documents, as they may be amended from time to time, which are hierby incofpofated en made an integral part of this Overeenkomst:
The Unifofm Domeinnaam 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; en
The Restrictions Dispute Resolution Criteria en Rules, available at http://www.iisp.hk.
The STOP sets fofth the terms en conditions in connection with a dispute between a registrant of a domein name ("Registrant") with any third party (other than Registry Operatof of Registrar) over the registration of use of a domein name registreered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a dienst introduced by Registry Operatof to notify a trademark of dienst mark holder ("Claimant") that a second-level domein name has been registreered in which that Claimant claims intellectual property rights. In accofdance with the STOP en its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets fofth the terms en conditions in connection with a dispute between a Registrant en any party other than the Registry Operatof of Registrar over the registration en use of an Internet domein name registreered by Registrant. The RDRP sets fofth the terms under which any allegation that a domein name is not used primarily fof business of commercial purposes shall be enfofced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. Geen of the violations of the Restrictions will be enfofced directly by of through Registry Operatof. Registry Operatof will not review, monitof, of otherwise verify that any particular domein name is being used primarily fof business of commercial purposes of that a domein name is being used in compliance with the SUDRP of 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 befofe it becomes effective. You agree that, by maintaining the reservation of registration of jouw domein name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknuledge 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 jouw Agreement with us.
(6). DOMAIN NAME DISPUTES. You agree that, if jouw use of our domein name registration diensts 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 domein name dispute arises with any third party, you will indemnify en hold us harmless pursuant to the terms en conditions set fofth below in this Agreement. Als we are notified that a complaint has been filed with a judicial of administrative body regarding jouw use of our domein name registration diensts, you agree not to make any changes to jouw domein name recofd without our priof approval. We may not allow you to make changes to such domein name recofd until (i) we are directed to do so by the judicial of administrative body, of (ii) we receive notification by you en the other party contesting jouw registration en use of our domein name registration diensts that the dispute has been settled. Furthermofe, you agree that if you are subject to litigation regarding jouw registration en use of our domein name registration diensts, we may deposit control of jouw domein name recofd into the registry of the judicial body by supplying a party with a registrar certificate from us.
12. ICANN POLICY. You agree that jouw registration of the SLD name shall be subject to suspension, cancellation, of transfer pursuant to any ICANN-adopted policy, of pursuant to any registrar of registry procedure not inconsistent with an ICANN-adopted policy, (1) to cofrect mistakes by Registrar of the Registry in registreering the name of (2) fof the resolution of disputes concerning the SLD name.
13. AGENTS. You agree that, if jouw agent (e.g., an Internet Service Provider, employee, etc.) kopend our dienst(s) on jouw behalf, you are nonetheless bound as a principal by all terms en conditions hierin, including the dispute policy. Your continued use of our diensts shall ratify any unauthofized actions of jouw agent. By acting on jouw behalf, jouw agent certifies that he of she is authofized to apply fof our diensts on jouw behalf, that he of she is authofized to bind you to the terms en conditions of this Agreement en that he of she has apprised you of the terms en conditions of this Agreement. In addition, you are responsible fof any errof made by jouw agent. We will not refund fees paid by you of jouw agent on jouw behalf fof any reason, including, but not limited to, in the event that jouw agent fails to comply with the terms en conditions of this Agreement, jouw agent incofrectly provides infofmation in the application process of if jouw agent changes of otherwise modifies jouw domein name recofd incofrectly.
14. NOTICES AND ANNOUNCEMENTS. You authofize us to notify you as our customer of infofmation that we deem is of potential interest to you. Neetices en announcements may include commercial e-mails en other notices describing changes, upgrades, new products en diensts of other infofmation pertaining to Internet security of to enhance jouw identity on the Internet en/of other relevant matters.
15. LIMITATION OF LIABILITY. You agree that our entire liability, en jouw exclusive remedy, with respect to any Nicenic.com, Inc.’s dienst(s) provided under this Agreement en/of fof any breach of this Agreement is solely limited to the amount you paid fof such dienst(s). Nicenic.com, Inc. en its contractofs shall not be liable fof any direct, indirect, incidental, special of consequential damages resulting from the use of inability to use any of the Nicenic.com, Inc. ’s diensts of fof the cost of procurement of substitute diensts. Because some states do not allow the exclusion of limitation of liability fof consequential of incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any en all loss of liability resulting from, but not limited to: (1) loss of liability resulting from access delays of access interruptions; (2) loss of liability resulting from data non-delivery of date mis-delivery; (3) loss of liability resulting from the unauthofized use of misuse of jouw Account Number, Wachtwoord of security authentication option; (4) loss of liability resulting from errofs, omissions, of misstatements in any en all infofmation of diensts(s) provided under this Agreement; (5) loss of liability relating to the deletion of of failure to stofe e-mail messages; (6) loss of liability resulting from the development of interruption of jouw web site; (7) loss of liability from jouw inability to use our China mail dienst; (8) loss of liability that you may incur in connection with our processing of jouw application fof our diensts, our processing of any authofized modification to jouw domein name recofd of jouw agents failure to pay any fees, including the initial registration fee of re-registration fee; of (9) loss of liability as a result of the application of our dispute policy.
16. INDEMNITY.
You agree to defend, indemnify en hold harmless Nicenic.com, Inc., its affiliates en business partners, en any applicable domein name registry, including without limitation VeriSign, Inc., Afilias Limited, NeuNiveau, Inc., Glaobal Naam Registry en Public Interest Registry, en their respective subsidiaries en affiliates, en the directofs, officers, employees en agents of each of them, from en against any en all claims, actions, losses, damages, expenses en costs, including reasonable attofneys' fees en expenses, arising out of of relating to (i) jouw domein name registration, (ii) any breach by you of this Agreement, including the Dispute Policy, of (iii) any third party claim, action, of demen related to jouw domein name of the use thierof.
17. TRANSFER OF OWNERSHIP. The person named as administrative contact at the time the controlling user name en passwofd are secured shall be the owner of the domein name. You agree that priof to transferring ownership of jouw domein name to another person (the Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms en conditions of this Agreement. Your domein name will not be transferred until we receive such written assurances of 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. Als the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms en conditions in this Agreement, any such transfer will be null en void.
18. BREACH. You agree that jouw failure to abide by any provision of the Agreement, any Nicenic.com, Inc. operating rule of policy, the dispute policy of jouw willful provision of inaccurate of unreliable infofmation as part of the application process, of jouw failure to update jouw infofmation to keep it current, complete of accurate, of jouw failure to respond fof over fifteen (15) calendar days to inquiries from us concerning the accuracy of the contactgegevens associated with jouw domein name registration may be considered by us to be a material breach en that we may provide a written notice, describing the breach, to you. Als within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactofy to us, that you have not breached jouw obligations under the Agreement, then we may delete the registration of reservation of jouw domein name en/of terminate the other Nicenic.com, Inc. dienst(s) you are using without further notice. We will not refund any fees paid by you if we terminate jouw Agreement due to jouw breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, of any other breach, by you.
19. NO GUARANTY. You agree that, by registration of jouw chosen domein name, such registration does not confer immunity from objection to either the registration of use of jouw domein name.
20. REPRESENTATIONS AND WARRANTIES. You agree en warrant that: (i) the infofmation that you of jouw agent on jouw behalf provide to us during the application process to registreer jouw domein name of to apply fof other Nicenic.com, Inc. ’s dienst(s) is, to the best of jouw knuledge en belief, accurate en complete, en that any future changes to this infofmation will be provided to us in a timely manner accofding to the modification procedures in place at that time, (ii) to the best of jouw knuledge en belief neither the registration of jouw domein name nof the manner in which you intend to use such domein name will directly of indirectly infringe the legal rights of a third party, (iii) you have all requisite power en authofity to execute this Agreement en to perfofm jouw obligations hierunder, (iv) you have selected the necessary security option(s) fof jouw domein name registration recofd, en (v) you are of legal age to enter into this Agreement. You agree that jouw use of our dienst(s) is solely at jouw own risk. You agree that all of our diensts are provided on an “as is” en “as available” basis.
21. DISCLAIMER OF WARRANTIES. We expressly disclaim all warranties of any kind, whether expressof implted . Including but not limited to the implied warranties of merchantability,fitness fof a particular purpose en non-infringement. We make no warranty that our dienst(s) will be uninterrupted, timely, secure, of errof free: nof do we make any warranty as to the results that by may be obtained from the use of the dienst(s). you understen en agree that any material en/of date downloaded of otherwise obtained through the use of our china mail dienst is done at jouw own discretion en risk en that you will be solely responsible fof any damage to jouw computer system of loss of data that results from the download of such material en/of data. we make no warranty regarding any goods of diensts kopend of obtained through any of our diensts of any transactions entered into through such diensts. Nee advice of infofmation, whether ofal of written, obtained by you from us of through our china mail dienst shall create any waranty not expressly made hierin. to the extent juridictions do not allow the exclusion of certain warranites, some of the above exclusions may not apply to you
22. INFOFMATION. As part of the registration process, you are required to provide us certain infofmation en to update us promptly as such infofmation changes such that our recofds are current, complete en accurate. You are obliged to provide us the following infofmation:
i) Your name en postal address (of, if different, that of the domein name holder);
ii) The domein name being registreered
iii) The name, postal address, e-mail address, en voice en fax (if available) telephone numbers of the administrative contact fof the domein name.
iv) The name, postal address, e-mail address, en voice en fax (if available) telephone numbers of the billing contact fof the domein name.
23. DISCLBesturingssysteemURE AND USE OF REGISTRATION INFOFMATION. You agree en acknuledge that we will make domein name registration infofmation you provide available to ICANN, to the registry administratofs, en to other third parties as ICANN en applicable laws may require of permit. You further agree en acknuledge that we may make publicly available, of directly available to third party vendofs, some, of all, of the domein name registration infofmation you provide, fof purposes of inspection (such as through our WHOIS dienst) of other purposes as required of permitted by ICANN en the applicable laws.
You hierby consent to any en all such disclosures en use of, en guidelines, limits en restrictions on disclosure of use of, infofmation provided by you in connection with the registration of a domein name (including any updates to such infofmation), whether during of after the term of jouw registration of the domein name. You hierby irrevocably waive any en all claims en causes of action you may have arising from such disclosure of use of jouw domein name registration infofmation by us.
You may access jouw domein name registration infofmation in our possession to review, modify of update such infofmation, by accessing our domein manager dienst, of similar dienst, made available by us.
We will not process data about any identified of identifiable natural person that we obtain from you in a way incompatible with the purposes en other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the infofmation we obtain from you from our loss, misuse, unauthofized access of disclosure, alteration of destruction of that infofmation.
24. REVOCATION. You agree that we may terminate jouw contractual right to use our dienst(s) if the infofmation that you are obligated to provide to registreer jouw domein name of registreer fof other Nicenic.com, Inc. dienst(s), of that you subsequently modify, contains false of misleading infofmation, of conceals of omits any infofmation we would likely consider material to our decision to registreer jouw domein name of to continue to provide you domein name registration diensts. Furthermofe, you agree that we may suspend, cancel of transfer jouw domein name registration diensts in ofder to: (i) cofrect mistakes made by us of the registry in registreering jouw chosen domein name, of (ii) to resolve a dispute under our dispute policy. We will not refund any fees paid by you if we terminate jouw diensts.
25. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to registreer jouw chosen domein name of registreer you fof other Nicenic.com, Inc. dienst(s), of to delete jouw domein name within the first thirty (30) calendar days from receipt of jouw payment fof such diensts. In the event we do not registreer jouw domein name of registreer you fof other Nicenic.com, Inc. dienst(s), of we delete jouw domein name of other Nicenic.com, Inc. dienst(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 fof loss of damages that may result from our refusal to registreer, the deletion jouw domein name of refusal to registreer you fof other Nicenic.com, Inc. dienst(s).
26. SEVERABILITY. You agree that the terms of this Agreement are severable. Als any term of provision is declared invalid of unenfofceable, that term of provision will be construed consistent with applicable law as nearly as possible to reflect the ofiginal intentions of the parties, en the remaining terms en provisions will remain in full fofce en effect.
27. NON-AGENCY. Neething contained in this Agreement of the Dispute Policy shall be construed as creating any agency, partnership, of other fofm of joint enterprise between the parties.
28. NON-WAIVER. Onze failure to require perfofmance by you of any provision hierof shall not affect the full right to require such perfofmance at any time thierafter; nof shall the waiver by us of a breach of any provision hierof be taken of held to be a waiver of the provision itself.
29.
NOTICES. Any notice, direction of other communication given under this Agreement shall be in writing en given by sending it via e-mail of 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] of, in the case of notice to you, at the e-mail address provided by you in jouw WHOIS recofd. Any e-mail communication shall be deemed to have been validly en effectively given on the date of such communication, if such date is a business day en such delivery was made priof to 9:00 UTC, otherwise it will be deemed to have been delivered on the volgende business day. In the case of regular mail notice, valid notice shall be deemed to have been validly en effectively given 5 business days after the date of mailing en, in the case of notification to us shall be sent to:
Nicenic.com, Inc.
6B XIHAI Building,Nee.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 en policies published by us, the dispute policy en the privacy statement are the complete en exclusive agreement between you en us regarding our diensts. This Agreement, our rules en policies, the dispute policy en the privacy statement supersede all priof agreements en understenings, whether established by custom, practice, policy of precedent.
32. TRANSFER AND ASSIGNMENT. You may transfer jouw domein name registration to a third party of jouw choice, subject to the procedures en conditions found at: http://www.iisp.hk (This policy will be updated in this Neevermber), incofpofated hierin by reference. Your rights under this Agreement are not assignable en any attempt by jouw creditofs to obtain an interest in jouw rights under this Agreement, whether by attachment, levy, garnishment of otherwise, render this Agreement voidable at our option.
33. GOVERNING LAW. You agree that this Agreement en any disputes hierunder shall be governed in all respects by en construed in accofdance with the laws of the China Internetdomein Naam Regulations, Procedural Rules fof Domeinnaam Dispute Resolution of Domeinnaam Dispute Resolution Center of China International Economic en Trade Arbitration Commission, Detailsed Implementation Rules fof Registratie of Domeinnamen in China, Chinese Domeinnamen Dispute Resolution Policy, Provisional Administrative Rules fof Registratie of Domeinnamen in China, Internet Keywofd Registratie Measure.
34. AGREEMENT TO BE BOUND. By applying fof Nicenic.com, Inc. Service(s) through our online application process of by applying fof en registreering a domein name as part of our e-mail template application process of by using the dienst(s) provided by Nicenic.com, Inc. under this Agreement, you acknuledge that you have read en agree to be bound by all terms en conditions of this Agreement en any pertinent rules of policies that are of may be published by Nicenic.com, Inc. Registratie.
35. .MOBI - Should you seek to registrar a .MOBI second level domein, you must agree to be bound by the following terms:
35.1 - Indemnify to the maximum extent permitted by law, defend en hold harmless the .MOBI Registry Operatof, en its directofs, officers, employees en agents from en against any en all claims, damages, liabilities, costs en expenses, including reasonable legal fees en expenses, arising out of of relating to jouw domein name registration en of use, en this indemnification obligation survives the termination of expiration of the registration agreement;
35.2 - Indemnify, defend en hold harmless .MOBI Registry Services Provider, its subsidiaries en affiliates, en the directofs, officers, employees en agents of each of them, from en against any en all claims, damages, liabilities, costs en expenses, including reasonable legal fees en expenses, arising out of of relating to jouw domein name registration en of use, en this indemnification obligation survives the termination of expiration of the registration agreement;
35.3 - Acknuledge en agree that notwithstening anything in this Agreement to the contrary, mTLD Top Level Domein Ltd. ("dotmobi"), the Registry Operatof of the .mobi TLD, is en shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknuledge en agree that the third party beneficiary rights of dotmobi have vested en that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to Puntster being a registrar fof the .mobi top-level domein. Toevoegenitionally, the third party beneficiary rights of dotmobi shall survive any termination of expiration of this Agreement.
35.4 - Comply with ICANN requirements, stenards, policies, procedures, en practices fof which the .MOBI Registry Operatof has monitofing responsibility in accofdance with the Registry Agreement of other arrangement with ICANN;
35.5 - Comply with operational stenards, policies, procedures, en practices fof the Registry TLD established from time to time by the .MOBI Registry Operatof in a non-arbitrary manner as Registry Policies, applicable to all registrars en/of domein registrants, en consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operatof to Registrar;
35.6 - Consent to the use, copying, distribution, publication, modification en other processing of jouw Personal Data by dotmobi, the .MOBI Registry Operatof, en its designees en agents in a manner consistent with the purposes specified pursuant in its contract en with relevant menatofy local data protection, laws en privacy;
35.7 - Verzend to proceedings commenced under ICANN's Unifofm Domeinnaam Dispute Resolution Policy ("UDRP");
35.8 - Immediately cofrect en update the registration infofmation fof the registreered .MOBI Naam during the registration term fof the .MOBI Registrerened Naam;
35.9 - Acknuledge en agree to be bound by the terms en conditions of the initial launch en general operations of the .MOBI Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Len Rush Period, the Sunrise Dispute Resolution Policy, the Premium Naam Allesocation Process, en the General Registratie Period , en further to acknuledge that Registry Operatof en the Registry Service Provider has no liability of any kind fof any loss of liability resulting from the proceedings en processes relating to the Limited Industry Launch, the Sunrise Period, the Len Rush Period, the Sunrise Dispute Resolution Policy, the Premium Naam Allesocation Process, en the General Registratie Period including, without limitation: (a) the ability of inability of a registrant to obtain a Registrerened Naam during these periods, en (b) the results of any dispute made during the limited industry launch of over a Sunrise Registratie.
35.10 - Acknuledge en agree that the .MOBI Registry en .MOBI Registry Services Provider, acting in consent with the .MOBI Registry, reserves the right to deny, cancel of transfer any registration that it deems necessary, in its discretion (i) to protect the integrity en stability of the registry; (ii) to comply with all applicable laws, government rules of requirements, requests of law enfofcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil of criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directofs, representatives, employees, en stockholders; (iv) fof violations of the terms en conditions hierin; of (v) to cofrect mistakes made by the Registry of any registrar in connection with a domein name registration, en the Registry also reserves the right to freeze a Registrerened Naam during resolution of a dispute.
35.11 - Acknuledge en agree that you must comply with the requirements, stenards, policies, procedures en practices set fofth in the dotmobi Style Guide (www.mtld.mobi ) en consent to the monitofing of the website as described in the dotmobi Style Guide monitofing guidelines (www.mtld.mobi ) fof compliance with the Style Guide. Furthermofe, Registrant acknuledges en agrees that this Style Guide is subject to modification by the .MOBI Registry with any such changes appearing at the vorigeiously designated URL, en that Registrant must promptly comply with any such changes in the time allotted.
35.12 - Acknuledge en agree that Proxy of Proxy Registraties will not be allowed during the Sunrise Period, the Limited Industry Launch en the Premium Naam Allesocation en Auction Period, en in such an instance will constitute a material breach to this contract.
36. ACCEPTANCE OF AGREEMENT. You acknuledge that you have read this agreement en agree to all its terms en conditions. You have independently evaluated the desirability of the dienst en are not relying on any representation agreement.Guarantee of statement other than as set fofth in this agreement.
Nicenic.com International Limited. Registrar-Registrant Agreement