Registrátor-Registrant Agreement
1.DEFINITIONS. In this Service Agreement (“Agreement”), “you” a “vaše” refer to each customer (“Customer”) a “we”, “us” a “our” refer to Nicenic.com, Inc. (“Nicenic.com, Inc.”). This Agreement explains our obligations to you, a vaše obligations to us in relation to vaše use of our službas. By selecting Nicenic.com, Inc. služba(s) you have agreed to establish an account with us falebo such službas. When you use vaše account alebo permit someone else to use vaše account to kúpiť alebo otherwise acquire access to additional Nicenic.com, Inc.'s služba(s) alebo to modify alebo cancel vaše Nicenic.com, Inc.’s služba(s) (even if we were not notified of such authaleboization), this Agreement covers any such služba alebo actions.
2.SELECTION OF A DOMAIN NAME. You represent that, to the best of vaše kterazledge a belief, neither the registration of the SLD name nalebo the manner in which it is directly alebo indirectly used infringes the legal rights of a third party a that the Názov domény is not being registrovaťed falebo any unlawful purpose.
3. FEES, PAYMENT AND TERM OF SERVICE. As consideration falebo the službas you have selected, you agree to pay Nicenic.com, Inc. the applicable služba(s) fees set faleboth on our web site at the time of vaše selection. Všetko fees are due immediately a are non-refundable. Nicenic.com, Inc. may take all remedies available to collect fees owed. Any renewal of vaše službas with us is subject to our then current terms a conditions a payment of all applicable služba fees at the time of renewal a in the case of doména name re-registration, the doména name registry’s acceptance of our doména name registration. You agree that you may not transfer vaše doména name registration to another doména name registrar during the first sixty (60) days from the effective date of vaše initial doména name registration with us.
4.TERM. You agree that the Registrácia Agreement will remain in full faleboce during the length of the term of vaše Registrácia doménového mena. Should you choose to renew alebo otherwise lengthen the term of vaše Registrácia doménového mena, then the term of this Registrácia Agreement will be extended accalebodingly. This Agreement will remain in full faleboce during the length of the term of vaše Registrácia doménového mena as selected, recaleboded, a paid falebo upon registration of the Názov domény. Should you choose to renew alebo otherwise lengthen the term of vaše Registrácia doménového mena, then the term of this Registrácia Agreement will be extended accalebodingly. Should you transfer vaše doména name alebo should the doména name otherwise be transferred due to another Registrátor, the terms a conditions of this contract shall cease a shall be replaced by the contractual terms in faleboce falebo the purpose of registrovaťing doména names then in faleboce between SLD holders a the new Registrátor.
5. ACCURATE INFALEBOMATION. As further consideration falebo the Nicenic.com, Inc. služba(s), you agree to: (1) provide certain current, complete a accurate infalebomation about you as required by the application process; a (2) maintain a update this infalebomation as needed to keep it current, complete a accurate. We rely on this infalebomation to send you impalebotant infalebomation a notices regarding vaše account a our službas. Naše privacy statement, located on our web site at http://www.iisp.hk a incalebopaleboated tuin by reference sets faleboth vaše a our rights a responsibilities with regard to vaše personal infalebomation. 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 befaleboe it becomes effective. You agree that, by using our službas after modifications to the privacy statement become effective, you have agreed to these modifications. You ackterazledge 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 vaše Agreement with us. We will not process the personal date that we collect from you in a way incompatible with the purposes a other limitations described in our privacy statement a we will take reasonable precautions to protect vaše personal date from loss, misuse a unauthaleboized access, disclosure, alteration alebo destruction. You represent a warrant that you have provided notice to, a obtained consent from, any third party individuals whose personal data you supply to us as part of our službas with regard to: (i) the purposes falebo which such third party’s personal data has been collected, (ii) the intended recipients alebo categaleboies of recipients of the third party’s personal data, (iii) which parts of the third party’s data are obligataleboy a which parts, if any, are voluntary: a (iv) how the third party can access a, if necessary, rectify the data held about them. You further agree to provide such notice a obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible falebo any consequences resulting from vaše failure to provide notice alebo receive consent from such individuals nalebo falebo vaše providing outdated, incomplete alebo inaccurate infalebomation. Even if you intend to license the use of our doména name registration službas to a third party, you will remain our customer a you are responsible falebo complying with all terms a conditions of this Agreement. Subject to the requirements of our privacy statement, in aleboder falebo us to comply with our legal a contractual obligations, you tuby grant to Nicenic.com, Inc. the right to disclose to third parties through an interactive publicly accessible registration database the following maataleboy infalebomation that you are required to provide when registrovaťing alebo reserving a doména name: (i) the doména name(s) registrovaťed by you; (ii) vaše name a postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number a wtu available the fax number(s) of the technical a administrative contacts falebo vaše doména name(s); (iv) the Internet protocol numbers of the primary nameserver a the secondary nameserver(s) falebo such name(s); (v) the caleboresponding names of those nameservers; (vi) the aleboiginal creation date of the registration; a (vii) the expiration date of the registration. We, as are all accredited doména name registrars, are also required the government to make this infalebomation available in bulk falebom to third parties who agree not to use it to (a) allow, enable alebo otherwise suppalebot the transmission of mass unsolicited, commercial advertising alebo solicitations via e-mail (spam) alebo (b) enable high volume, automated, electronic processes that apply to our systems to registrovať doména 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 a conditions of this Agreement; a/alebo (2) change part of the službas provided under this Agreement at any time. Any such revision alebo change will be binding a effective immediately upon posting of the revised Agreement alebo change to the služba(s) on Nicenic.com, Inc.’s web sites, alebo upon notification to you by e-mail alebo 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. Ak 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 alebo P.R.C. mail addressed as follows, Natention: Registrátor Business Affairs, Nicenic.com, Inc. 6B, Xihai Building, Nie.221 Remin E Road, Zhuhai City, Guangdong Province,China ,519000. Nietice of vaše termination will be effective on receipt a processing by us. Any fees paid by you if you terminate vaše Agreement with us are non-refundable, but you will not incur a additional fees. By continuing to use Nicenic.com, Inc.’s službas after any revision to this Agreement alebo change in služba(s), you agree to abide by a be bound by any such revisions alebo changes. We are not bound by nalebo should you rely on any representation by (i) any agent, representative alebo employee of any third party that you may use to apply falebo our službas: alebo in (ii) infalebomation posted on our web site of a general infalebomational nature. Nie employee, contractalebo, agent alebo representative of Nicenic.com, Inc. is authaleboized to alter alebo amend the terms a conditions of this Agreement.
7. MODIFICATIONS TO YOUR ACCOUNT. In aleboder to change any of vaše account infalebomation with us, you must use the Account Number a the Heslo that you selected if you opened vaše account with us through our online application process, alebo the security authentication option that you selected if you opened vaše account with us through our e-mail application process. Please safeguard vaše Account Number a Heslo alebo security authentication option from any unauthaleboized use. In no event will we be liable falebo the unauthaleboized use alebo misuse of vaše Account Number alebo Heslo alebo security authentication option.
8. DOMAIN NAME DISPUTE POLICY. Ak you reserve alebo registrovať a doména name through us, you agree to be bound by our current doména name dispute policy that is incalebopaleboated tuin a 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 vašeself 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 befaleboe it becomes effective. You agree by maintaining the reservation alebo registration of vaše doména name after modifications to the dispute policy become effective, you have agreed to these modifications. You ackterazledge 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 vaše Agreement with us.
10. DOMAIN NAME DISPUTES. You agree that, if vaše use of our doména name registration službas 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 doména name dispute arises with any third party, you will indemnify a hold us harmless pursuant to the terms a conditions set faleboth below in this Agreement. Ak we are notified that a complaint has been filed with a judicial alebo administrative body regarding vaše use of our doména name registration službas, you agree not to make any changes to vaše doména name recalebod without our prialebo approval. We may not allow you to make changes to such doména name recalebod until (i) we are directed to do so by the judicial alebo administrative body, alebo (ii) we receive notification by you a the other party contesting vaše registration a use of our doména name registration službas that the dispute has been settled. Furthermaleboe, you agree that if you are subject to litigation regarding vaše registration a use of our doména name registration službas, we may deposit control of vaše doména name recalebod into the registry of the judicial body by supplying a party with a registrar certificate from us.
11. Pridaťitional Registry Requirements
The following provisions apply to any doména names that you registrovať through
Nicenic.com, Inc. in the relevant registry(ies).
A. (.INFO) With respect to any registration of a .INFO second level doména name, you agree to the following terms:
(1). You consent to the use, copying, distribution, publication, modification, a other processing of vaše Personal Data by Afilias, the .INFO Registry Operatalebo, a its designees a agents in a manner consistent with the purposes specified pursuant in its contract.
(2). You agree to submit to proceedings under ICANN's Unifalebom Názov domény Dispute Policy (UDRP) a comply with the requirements set faleboth by Afilias falebo doména names registrovaťed during the Sunrise Period, including the maataleboy Sunrise Dispute Resolution Policy. These policies are subject to modification by Afilias in its discretion.
(3). You agree to immediately caleborect a update the registration infalebomation falebo the .INFO registrovaťed doména name during registration term falebo such doména name; failure to caleborect this infalebomation shall constitute a breach of this Agreement.
(4)
. You ackterazledge that Afilias, the registry operatalebo falebo .INFO, will have no liability of any kind falebo any loss alebo liability resulting from the proceedings a processes relating to the Sunrise Period alebo the La Rush Period, including, without limitation: (a) the ability alebo inability of a registrant to obtain a given doména name during these periods, a (b) the results of any dispute over a Sunrise Registrácia.
(5). Kdaynic, Inc. a Afilias, the registry operatalebo falebo .INFO, expressly reserve the right to deny, cancel alebo transfer any registration that either shall deem necessary, in its discretion, to protect the integrity a stability of the .INFO registry, to comply with any applicable laws, government rules alebo requirements, requests of law enfalebocement, in compliance with any dispute resolution process, alebo to avoid any liability, civil alebo criminal, on the part of Kdaynic, Inc. a/alebo Afilias as well as their affiliates, subsidiaries, officers, directalebos a employees.
Nicenic.com, Inc. a Afilias also reserve the right to lock a doména name during resolution of a dispute.
B. (.BIZ) With respect to any registration of a .BIZ second level doména name, you agree to the following terms:
(1). BIZ RESTRICTIONS. Registrácias in the .biz TLD must be used alebo intended to be used primarily falebo bona fide business alebo commercial purposes. Falebo purposes of the .biz Registrácia Restrictions ("Restrictions"), "bona fide business alebo commercial use" shall mean the bona fide use alebo bona fide intent to use the doména name alebo any content, software, materials, graphics alebo other infalebomation ttuon, to permit Internet users to access one alebo maleboe host computers through the DNS:
K exchange goods, službas, alebo property of any kind;
In the alebodinary course of trade alebo business; alebo
K facilitate
(i) the exchange of goods, službas, infalebomation, alebo property of any kind; alebo, (ii) the alebodinary course of trade alebo business. Registrovaťing a doména name solely falebo the purposes of (1) selling, trading alebo leasing the doména name falebo compensation, alebo (2) the unsolicited offering to sell, trade alebo lease the doména name falebo compensation shall not constitute a "bona fide business alebo commercial use" of that doména name.
(2). BIZ CERTIFICATION. As a .biz doména name registrant, you tuby certify to the best of vaše kterazledge that:
The registrovaťed doména name will be used primarily falebo bona fide business alebo commercial purposes a not (i) exclusively falebo personal use; alebo (ii) solely falebo the purposes of (1) selling, trading alebo leasing the doména name falebo compensation, alebo (2) the unsolicited offering to sell, trade alebo lease the doména name falebo compensation. Falebo maleboe infalebomation on the .biz restrictions, which are incalebopaleboated tuin by reference, please see: http://www.iisp.hk
(b) You have the authaleboity to enter into this Agreement; a
(c) The registrovaťed doména name is reasonably related to the vaše business alebo intended commercial purpose at the time of registration.
(3). PROVISION OF REGISTRATION DATA.
(
3.1). Provision of Registrácia Data. As part of the registration process, you are required to provide us with certain infalebomation a to update this infalebomation to keep it current, complete a accurate. This infalebomation includes (i) vaše full name, postal address, e-mail address, voice telephone number, a fax number if available; (ii) the name of an authaleboized person falebo contact purposes in the case of a registrant that is an aleboganization, association, alebo calebopaleboation; (iii) the IP addresses of the primary nameserver a any secondary nameserver(s) falebo the doména name; (iv) the caleboresponding names of those nameservers; (v) the full name, postal address, email address, voice telephone number, a fax number if available of the technical contact falebo the doména name; (vi) the full name, postal address, e-mail address, voice telephone number, a fax number if available of the administrative contact falebo the doména name; (vii) the name, postal address, e-mail address, voice telephone number, a fax number if available of the billing contact falebo the doména name; a (viii) any remark concerning the registrovaťed doména name that should appear in the Whois directaleboy. You agree a understa that the faleboegoing registration data will be publicly available a accessible on the Whois directaleboy as required by ICANN/Registry Policy a may be sold in bulk in accalebodance with the ICANN Agreement.
(3.2) Inaccurate alebo Unreliable Data. You tuby represent a warrant that the data provided in the doména name registration application is true, caleborect, up to date a complete a that you will continue to keep all the infalebomation provided up to date. Your willful provision of inaccurate alebo unreliable infalebomation, vaše willful failure promptly to update infalebomation provided to us, alebo any failure to respond falebo over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing alebo technical contact then appearing in the Whois directaleboy with respect to an doména name concerning the accuracy of kontaktné údaje associated with any registration(s) alebo the registration of any doména name(s) registrovaťed by alebo through you alebo vaše account, shall constitute a breach of this Agreement. Any infalebomation collected by us concerning an identified alebo identifiable natural person ("Personal Data") will be used in connection with the registration of vaše doména name(s) a falebo the purposes of this Agreement a as required alebo permitted by the ICANN Agreement alebo any ICANN/Registry Policy.
(4). DOMAIN NAME DISPUTE POLICY. Ak you reserve alebo registrovať a .biz doména name through us, you agree to be bound by our current doména name dispute policy that is incalebopaleboated tuin a made a part of this Agreement by reference. Please take the time to familiarize vašeself with that policy. In addition, you tuby ackterazledge that you have read a understood a agree to be bound by the terms a conditions of the following documents, as they may be amended from time to time, which are tuby incalebopaleboated a made an integral part of this Dohoda:
The Unifalebom Názov domény 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; a
The Restrictions Dispute Resolution Criteria a Rules, available at http://www.iisp.hk.
The STOP sets faleboth the terms a conditions in connection with a dispute between a registrant of a doména name ("Registrant") with any third party (other than Registry Operatalebo alebo Registrátor) over the registration alebo use of a doména name registrovaťed by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a služba introduced by Registry Operatalebo to notify a trademark alebo služba mark holder ("Claimant") that a second-level doména name has been registrovaťed in which that Claimant claims intellectual property rights. In accalebodance with the STOP a its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets faleboth the terms a conditions in connection with a dispute between a Registrant a any party other than the Registry Operatalebo alebo Registrátor over the registration a use of an Internet doména name registrovaťed by Registrant. The RDRP sets faleboth the terms under which any allegation that a doména name is not used primarily falebo business alebo commercial purposes shall be enfaleboced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. Žiadne of the violations of the Restrictions will be enfaleboced directly by alebo through Registry Operatalebo. Registry Operatalebo will not review, monitalebo, alebo otherwise verify that any particular doména name is being used primarily falebo business alebo commercial purposes alebo that a doména name is being used in compliance with the SUDRP alebo 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 befaleboe it becomes effective. You agree that, by maintaining the reservation alebo registration of vaše doména name after modifications to the dispute policy become effective, you have agreed to these modifications. You ackterazledge 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 vaše Agreement with us.
(6). DOMAIN NAME DISPUTES. You agree that, if vaše use of our doména name registration službas 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 doména name dispute arises with any third party, you will indemnify a hold us harmless pursuant to the terms a conditions set faleboth below in this Agreement. Ak we are notified that a complaint has been filed with a judicial alebo administrative body regarding vaše use of our doména name registration službas, you agree not to make any changes to vaše doména name recalebod without our prialebo approval. We may not allow you to make changes to such doména name recalebod until (i) we are directed to do so by the judicial alebo administrative body, alebo (ii) we receive notification by you a the other party contesting vaše registration a use of our doména name registration službas that the dispute has been settled. Furthermaleboe, you agree that if you are subject to litigation regarding vaše registration a use of our doména name registration službas, we may deposit control of vaše doména name recalebod into the registry of the judicial body by supplying a party with a registrar certificate from us.
12. ICANN POLICY. You agree that vaše registration of the SLD name shall be subject to suspension, cancellation, alebo transfer pursuant to any ICANN-adopted policy, alebo pursuant to any registrar alebo registry procedure not inconsistent with an ICANN-adopted policy, (1) to caleborect mistakes by Registrátor alebo the Registry in registrovaťing the name alebo (2) falebo the resolution of disputes concerning the SLD name.
13. AGENTS. You agree that, if vaše agent (e.g., an Internet Service Provider, employee, etc.) kúpiťd our služba(s) on vaše behalf, you are nonetheless bound as a principal by all terms a conditions tuin, including the dispute policy. Your continued use of our službas shall ratify any unauthaleboized actions of vaše agent. By acting on vaše behalf, vaše agent certifies that he alebo she is authaleboized to apply falebo our službas on vaše behalf, that he alebo she is authaleboized to bind you to the terms a conditions of this Agreement a that he alebo she has apprised you of the terms a conditions of this Agreement. In addition, you are responsible falebo any erralebo made by vaše agent. We will not refund fees paid by you alebo vaše agent on vaše behalf falebo any reason, including, but not limited to, in the event that vaše agent fails to comply with the terms a conditions of this Agreement, vaše agent incaleborectly provides infalebomation in the application process alebo if vaše agent changes alebo otherwise modifies vaše doména name recalebod incaleborectly.
14. NOTICES AND ANNOUNCEMENTS. You authaleboize us to notify you as our customer of infalebomation that we deem is of potential interest to you. Nietices a announcements may include commercial e-mails a other notices describing changes, upgrades, new products a službas alebo other infalebomation pertaining to Internet security alebo to enhance vaše identity on the Internet a/alebo other relevant matters.
15. LIMITATION OF LIABILITY. You agree that our entire liability, a vaše exclusive remedy, with respect to any Nicenic.com, Inc.’s služba(s) provided under this Agreement a/alebo falebo any breach of this Agreement is solely limited to the amount you paid falebo such služba(s). Nicenic.com, Inc. a its contractalebos shall not be liable falebo any direct, indirect, incidental, special alebo consequential damages resulting from the use alebo inability to use any of the Nicenic.com, Inc. ’s službas alebo falebo the cost of procurement of substitute službas. Because some states do not allow the exclusion alebo limitation of liability falebo consequential alebo incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any a all loss alebo liability resulting from, but not limited to: (1) loss alebo liability resulting from access delays alebo access interruptions; (2) loss alebo liability resulting from data non-delivery alebo date mis-delivery; (3) loss alebo liability resulting from the unauthaleboized use alebo misuse of vaše Account Number, Heslo alebo security authentication option; (4) loss alebo liability resulting from erralebos, omissions, alebo misstatements in any a all infalebomation alebo službas(s) provided under this Agreement; (5) loss alebo liability relating to the deletion of alebo failure to staleboe e-mail messages; (6) loss alebo liability resulting from the development alebo interruption of vaše web site; (7) loss alebo liability from vaše inability to use our China mail služba; (8) loss alebo liability that you may incur in connection with our processing of vaše application falebo our službas, our processing of any authaleboized modification to vaše doména name recalebod alebo vaše agents failure to pay any fees, including the initial registration fee alebo re-registration fee; alebo (9) loss alebo liability as a result of the application of our dispute policy.
16. INDEMNITY.
You agree to defend, indemnify a hold harmless Nicenic.com, Inc., its affiliates a business partners, a any applicable doména name registry, including without limitation VeriSign, Inc., Afilias Limited, NeuÚroveň, Inc., Glaobal Meno Registry a Public Interest Registry, a their respective subsidiaries a affiliates, a the directalebos, officers, employees a agents of each of them, from a against any a all claims, actions, losses, damages, expenses a costs, including reasonable attaleboneys' fees a expenses, arising out of alebo relating to (i) vaše doména name registration, (ii) any breach by you of this Agreement, including the Dispute Policy, alebo (iii) any third party claim, action, alebo dema related to vaše doména name alebo the use ttuof.
17. TRANSFER OF OWNERSHIP. The person named as administrative contact at the time the controlling user name a passwalebod are secured shall be the owner of the doména name. You agree that prialebo to transferring ownership of vaše doména name to another person (the Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms a conditions of this Agreement. Your doména name will not be transferred until we receive such written assurances alebo 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. Ak the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms a conditions in this Agreement, any such transfer will be null a void.
18. BREACH. You agree that vaše failure to abide by any provision of the Agreement, any Nicenic.com, Inc. operating rule alebo policy, the dispute policy alebo vaše willful provision of inaccurate alebo unreliable infalebomation as part of the application process, alebo vaše failure to update vaše infalebomation to keep it current, complete alebo accurate, alebo vaše failure to respond falebo over fifteen (15) calendar days to inquiries from us concerning the accuracy of the kontaktné údaje associated with vaše doména name registration may be considered by us to be a material breach a that we may provide a written notice, describing the breach, to you. Ak within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactaleboy to us, that you have not breached vaše obligations under the Agreement, then we may delete the registration alebo reservation of vaše doména name a/alebo terminate the other Nicenic.com, Inc. služba(s) you are using without further notice. We will not refund any fees paid by you if we terminate vaše Agreement due to vaše breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, alebo any other breach, by you.
19. NO GUARANTY. You agree that, by registration of vaše chosen doména name, such registration does not confer immunity from objection to either the registration alebo use of vaše doména name.
20. REPRESENTATIONS AND WARRANTIES. You agree a warrant that: (i) the infalebomation that you alebo vaše agent on vaše behalf provide to us during the application process to registrovať vaše doména name alebo to apply falebo other Nicenic.com, Inc. ’s služba(s) is, to the best of vaše kterazledge a belief, accurate a complete, a that any future changes to this infalebomation will be provided to us in a timely manner accaleboding to the modification procedures in place at that time, (ii) to the best of vaše kterazledge a belief neither the registration of vaše doména name nalebo the manner in which you intend to use such doména name will directly alebo indirectly infringe the legal rights of a third party, (iii) you have all requisite power a authaleboity to execute this Agreement a to perfalebom vaše obligations tuunder, (iv) you have selected the necessary security option(s) falebo vaše doména name registration recalebod, a (v) you are of legal age to enter into this Agreement. You agree that vaše use of our služba(s) is solely at vaše own risk. You agree that all of our službas are provided on an “as is” a “as available” basis.
21. DISCLAIMER OF WARRANTIES. We expressly disclaim all warranties of any kind, whether expressalebo implted . Including but not limited to the implied warranties of merchantability,fitness falebo a particular purpose a non-infringement. We make no warranty that our služba(s) will be uninterrupted, timely, secure, alebo erralebo free: nalebo do we make any warranty as to the results that by may be obtained from the use of the služba(s). you understa a agree that any material a/alebo date downloaded alebo otherwise obtained through the use of our china mail služba is done at vaše own discretion a risk a that you will be solely responsible falebo any damage to vaše computer system alebo loss of data that results from the download of such material a/alebo data. we make no warranty regarding any goods alebo službas kúpiťd alebo obtained through any of our službas alebo any transactions entered into through such službas. Nie advice alebo infalebomation, whether aleboal alebo written, obtained by you from us alebo through our china mail služba shall create any waranty not expressly made tuin. to the extent juridictions do not allow the exclusion of certain warranites, some of the above exclusions may not apply to you
22. INFALEBOMATION. As part of the registration process, you are required to provide us certain infalebomation a to update us promptly as such infalebomation changes such that our recalebods are current, complete a accurate. You are obliged to provide us the following infalebomation:
i) Your name a postal address (alebo, if different, that of the doména name holder);
ii) The doména name being registrovaťed
iii) The name, postal address, e-mail address, a voice a fax (if available) telephone numbers of the administrative contact falebo the doména name.
iv) The name, postal address, e-mail address, a voice a fax (if available) telephone numbers of the billing contact falebo the doména name.
23. DISCLOperačný systémURE AND USE OF REGISTRATION INFALEBOMATION. You agree a ackterazledge that we will make doména name registration infalebomation you provide available to ICANN, to the registry administratalebos, a to other third parties as ICANN a applicable laws may require alebo permit. You further agree a ackterazledge that we may make publicly available, alebo directly available to third party vendalebos, some, alebo all, of the doména name registration infalebomation you provide, falebo purposes of inspection (such as through our WHOIS služba) alebo other purposes as required alebo permitted by ICANN a the applicable laws.
You tuby consent to any a all such disclosures a use of, a guidelines, limits a restrictions on disclosure alebo use of, infalebomation provided by you in connection with the registration of a doména name (including any updates to such infalebomation), whether during alebo after the term of vaše registration of the doména name. You tuby irrevocably waive any a all claims a causes of action you may have arising from such disclosure alebo use of vaše doména name registration infalebomation by us.
You may access vaše doména name registration infalebomation in our possession to review, modify alebo update such infalebomation, by accessing our doména manager služba, alebo similar služba, made available by us.
We will not process data about any identified alebo identifiable natural person that we obtain from you in a way incompatible with the purposes a other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the infalebomation we obtain from you from our loss, misuse, unauthaleboized access alebo disclosure, alteration alebo destruction of that infalebomation.
24. REVOCATION. You agree that we may terminate vaše contractual right to use our služba(s) if the infalebomation that you are obligated to provide to registrovať vaše doména name alebo registrovať falebo other Nicenic.com, Inc. služba(s), alebo that you subsequently modify, contains false alebo misleading infalebomation, alebo conceals alebo omits any infalebomation we would likely consider material to our decision to registrovať vaše doména name alebo to continue to provide you doména name registration službas. Furthermaleboe, you agree that we may suspend, cancel alebo transfer vaše doména name registration službas in aleboder to: (i) caleborect mistakes made by us alebo the registry in registrovaťing vaše chosen doména name, alebo (ii) to resolve a dispute under our dispute policy. We will not refund any fees paid by you if we terminate vaše službas.
25. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to registrovať vaše chosen doména name alebo registrovať you falebo other Nicenic.com, Inc. služba(s), alebo to delete vaše doména name within the first thirty (30) calendar days from receipt of vaše payment falebo such službas. In the event we do not registrovať vaše doména name alebo registrovať you falebo other Nicenic.com, Inc. služba(s), alebo we delete vaše doména name alebo other Nicenic.com, Inc. služba(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 falebo loss alebo damages that may result from our refusal to registrovať, the deletion vaše doména name alebo refusal to registrovať you falebo other Nicenic.com, Inc. služba(s).
26. SEVERABILITY. You agree that the terms of this Agreement are severable. Ak any term alebo provision is declared invalid alebo unenfaleboceable, that term alebo provision will be construed consistent with applicable law as nearly as possible to reflect the aleboiginal intentions of the parties, a the remaining terms a provisions will remain in full faleboce a effect.
27. NON-AGENCY. Niething contained in this Agreement alebo the Dispute Policy shall be construed as creating any agency, partnership, alebo other falebom of joint enterprise between the parties.
28. NON-WAIVER. Naše failure to require perfalebomance by you of any provision tuof shall not affect the full right to require such perfalebomance at any time ttuafter; nalebo shall the waiver by us of a breach of any provision tuof be taken alebo held to be a waiver of the provision itself.
29.
NOTICES. Any notice, direction alebo other communication given under this Agreement shall be in writing a given by sending it via e-mail alebo 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 domé[email protected] alebo, in the case of notice to you, at the e-mail address provided by you in vaše WHOIS recalebod. Any e-mail communication shall be deemed to have been validly a effectively given on the date of such communication, if such date is a business day a such delivery was made prialebo to 9:00 UTC, otherwise it will be deemed to have been delivered on the ďalej business day. In the case of regular mail notice, valid notice shall be deemed to have been validly a effectively given 5 business days after the date of mailing a, in the case of notification to us shall be sent to:
Nicenic.com, Inc.
6B XIHAI Building,Nie.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 a policies published by us, the dispute policy a the privacy statement are the complete a exclusive agreement between you a us regarding our službas. This Agreement, our rules a policies, the dispute policy a the privacy statement supersede all prialebo agreements a understaings, whether established by custom, practice, policy alebo precedent.
32. TRANSFER AND ASSIGNMENT. You may transfer vaše doména name registration to a third party of vaše choice, subject to the procedures a conditions found at: http://www.iisp.hk (This policy will be updated in this Nievermber), incalebopaleboated tuin by reference. Your rights under this Agreement are not assignable a any attempt by vaše creditalebos to obtain an interest in vaše rights under this Agreement, whether by attachment, levy, garnishment alebo otherwise, render this Agreement voidable at our option.
33. GOVERNING LAW. You agree that this Agreement a any disputes tuunder shall be governed in all respects by a construed in accalebodance with the laws of the China Internetová doména Meno Regulations, Procedural Rules falebo Názov domény Dispute Resolution of Názov domény Dispute Resolution Center of China International Economic a Trade Arbitration Commission, Detailed Implementation Rules falebo Registrácia of Domény in China, Chinese Domény Dispute Resolution Policy, Provisional Administrative Rules falebo Registrácia of Domény in China, Internet Keywalebod Registrácia Measure.
34. AGREEMENT TO BE BOUND. By applying falebo Nicenic.com, Inc. Service(s) through our online application process alebo by applying falebo a registrovaťing a doména name as part of our e-mail template application process alebo by using the služba(s) provided by Nicenic.com, Inc. under this Agreement, you ackterazledge that you have read a agree to be bound by all terms a conditions of this Agreement a any pertinent rules alebo policies that are alebo may be published by Nicenic.com, Inc. Registrácia.
35. .MOBI - Should you seek to registrar a .MOBI second level doména, you must agree to be bound by the following terms:
35.1 - Indemnify to the maximum extent permitted by law, defend a hold harmless the .MOBI Registry Operatalebo, a its directalebos, officers, employees a agents from a against any a all claims, damages, liabilities, costs a expenses, including reasonable legal fees a expenses, arising out of alebo relating to vaše doména name registration a alebo use, a this indemnification obligation survives the termination alebo expiration of the registration agreement;
35.2 - Indemnify, defend a hold harmless .MOBI Registry Services Provider, its subsidiaries a affiliates, a the directalebos, officers, employees a agents alebo each of them, from a against any a all claims, damages, liabilities, costs a expenses, including reasonable legal fees a expenses, arising out of alebo relating to vaše doména name registration a alebo use, a this indemnification obligation survives the termination alebo expiration of the registration agreement;
35.3 - Ackterazledge a agree that notwithstaing anything in this Agreement to the contrary, mTLD Doména najvyššej úrovne Ltd. ("dotmobi"), the Registry Operatalebo of the .mobi TLD, is a shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement ackterazledge a agree that the third party beneficiary rights of dotmobi have vested a that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to Bodkaster being a registrar falebo the .mobi top-level doména. Pridaťitionally, the third party beneficiary rights of dotmobi shall survive any termination alebo expiration of this Agreement.
35.4 - Comply with ICANN requirements, staards, policies, procedures, a practices falebo which the .MOBI Registry Operatalebo has monitaleboing responsibility in accalebodance with the Registry Agreement alebo other arrangement with ICANN;
35.5 - Comply with operational staards, policies, procedures, a practices falebo the Registry TLD established from time to time by the .MOBI Registry Operatalebo in a non-arbitrary manner as Registry Policies, applicable to all registrars a/alebo doména registrants, a consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operatalebo to Registrátor;
35.6 - Consent to the use, copying, distribution, publication, modification a other processing of vaše Personal Data by dotmobi, the .MOBI Registry Operatalebo, a its designees a agents in a manner consistent with the purposes specified pursuant in its contract a with relevant maataleboy local data protection, laws a privacy;
35.7 - Odoslať to proceedings commenced under ICANN's Unifalebom Názov domény Dispute Resolution Policy ("UDRP");
35.8 - Immediately caleborect a update the registration infalebomation falebo the registrovaťed .MOBI Meno during the registration term falebo the .MOBI Registrovaťed Meno;
35.9 - Ackterazledge a agree to be bound by the terms a conditions of the initial launch a general operations of the .MOBI Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the La Rush Period, the Sunrise Dispute Resolution Policy, the Premium Meno Všetkoocation Process, a the General Registrácia Period , a further to ackterazledge that Registry Operatalebo a the Registry Service Provider has no liability of any kind falebo any loss alebo liability resulting from the proceedings a processes relating to the Limited Industry Launch, the Sunrise Period, the La Rush Period, the Sunrise Dispute Resolution Policy, the Premium Meno Všetkoocation Process, a the General Registrácia Period including, without limitation: (a) the ability alebo inability of a registrant to obtain a Registrovaťed Meno during these periods, a (b) the results of any dispute made during the limited industry launch alebo over a Sunrise Registrácia.
35.10 - Ackterazledge a agree that the .MOBI Registry a .MOBI Registry Services Provider, acting in consent with the .MOBI Registry, reserves the right to deny, cancel alebo transfer any registration that it deems necessary, in its discretion (i) to protect the integrity a stability of the registry; (ii) to comply with all applicable laws, government rules alebo requirements, requests of law enfalebocement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil alebo criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directalebos, representatives, employees, a stockholders; (iv) falebo violations of the terms a conditions tuin; alebo (v) to caleborect mistakes made by the Registry alebo any registrar in connection with a doména name registration, a the Registry also reserves the right to freeze a Registrovaťed Meno during resolution of a dispute.
35.11 - Ackterazledge a agree that you must comply with the requirements, staards, policies, procedures a practices set faleboth in the dotmobi Style Guide (www.mtld.mobi ) a consent to the monitaleboing of the website as described in the dotmobi Style Guide monitaleboing guidelines (www.mtld.mobi ) falebo compliance with the Style Guide. Furthermaleboe, Registrant ackterazledges a agrees that this Style Guide is subject to modification by the .MOBI Registry with any such changes appearing at the predchádzajúceiously designated URL, a that Registrant must promptly comply with any such changes in the time allotted.
35.12 - Ackterazledge a agree that Proxy alebo Proxy Registrácias will not be allowed during the Sunrise Period, the Limited Industry Launch a the Premium Meno Všetkoocation a Auction Period, a in such an instance will constitute a material breach to this contract.
36. ACCEPTANCE OF AGREEMENT. You ackterazledge that you have read this agreement a agree to all its terms a conditions. You have independently evaluated the desirability of the služba a are not relying on any representation agreement.Guarantee alebo statement other than as set faleboth in this agreement.
Nicenic.com International Limited. Registrátor-Registrant Agreement