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