Registrar-Registrant Agreement
1.DEFINITIONS. In this Service Agreement (“Agreement”), “you” in “vašega” refer to each customer (“Customer”) in “we”, “us” in “our” refer to Nicenic.com, Inc. (“Nicenic.com, Inc.”). This Agreement explains our obligations to you, in vašega obligations to us in relation to vašega use of our storitevs. By selecting Nicenic.com, Inc. storitev(s) you have agreed to establish an account with us fali such storitevs. When you use vašega account ali permit someone else to use vašega account to kupi ali otherwise acquire access to additional Nicenic.com, Inc.'s storitev(s) ali to modify ali cancel vašega Nicenic.com, Inc.’s storitev(s) (even if we were not notified of such authaliization), this Agreement covers any such storitev ali actions.
2.SELECTION OF A DOMAIN NAME. You represent that, to the best of vašega kzdajledge in belief, neither the registration of the SLD name nali the manner in which it is directly ali indirectly used infringes the legal rights of a third party in that the Ime domene is not being registrirajed fali any unlawful purpose.
3. FEES, PAYMENT AND TERM OF SERVICE. As consideration fali the storitevs you have selected, you agree to pay Nicenic.com, Inc. the applicable storitev(s) fees set falith on our web site at the time of vašega selection. Vse fees are due immediately in are non-refundable. Nicenic.com, Inc. may take all remedies available to collect fees owed. Any renewal of vašega storitevs with us is subject to our then current terms in conditions in payment of all applicable storitev fees at the time of renewal in in the case of domena name re-registration, the domena name registry’s acceptance of our domena name registration. You agree that you may not transfer vašega domena name registration to another domena name registrar during the first sixty (60) days from the effective date of vašega initial domena name registration with us.
4.TERM. You agree that the Registracija Agreement will remain in full falice during the length of the term of vašega Registracija domenskega imena. Should you choose to renew ali otherwise lengthen the term of vašega Registracija domenskega imena, then the term of this Registracija Agreement will be extended accalidingly. This Agreement will remain in full falice during the length of the term of vašega Registracija domenskega imena as selected, recalided, in paid fali upon registration of the Ime domene. Should you choose to renew ali otherwise lengthen the term of vašega Registracija domenskega imena, then the term of this Registracija Agreement will be extended accalidingly. Should you transfer vašega domena name ali should the domena name otherwise be transferred due to another Registrar, the terms in conditions of this contract shall cease in shall be replaced by the contractual terms in falice fali the purpose of registrirajing domena names then in falice between SLD holders in the new Registrar.
5. ACCURATE INFALIMATION. As further consideration fali the Nicenic.com, Inc. storitev(s), you agree to: (1) provide certain current, complete in accurate infalimation about you as required by the application process; in (2) maintain in update this infalimation as needed to keep it current, complete in accurate. We rely on this infalimation to send you impalitant infalimation in notices regarding vašega account in our storitevs. Naš privacy statement, located on our web site at http://www.iisp.hk in incalipaliated tukajin by reference sets falith vašega in our rights in responsibilities with regard to vašega personal infalimation. 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 befalie it becomes effective. You agree that, by using our storitevs after modifications to the privacy statement become effective, you have agreed to these modifications. You ackzdajledge 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 vašega Agreement with us. We will not process the personal date that we collect from you in a way incompatible with the purposes in other limitations described in our privacy statement in we will take reasonable precautions to protect vašega personal date from loss, misuse in unauthaliized access, disclosure, alteration ali destruction. You represent in warrant that you have provided notice to, in obtained consent from, any third party individuals whose personal data you supply to us as part of our storitevs with regard to: (i) the purposes fali which such third party’s personal data has been collected, (ii) the intended recipients ali categaliies of recipients of the third party’s personal data, (iii) which parts of the third party’s data are obligataliy in which parts, if any, are voluntary: in (iv) how the third party can access in, if necessary, rectify the data held about them. You further agree to provide such notice in obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible fali any consequences resulting from vašega failure to provide notice ali receive consent from such individuals nali fali vašega providing outdated, incomplete ali inaccurate infalimation. Even if you intend to license the use of our domena name registration storitevs to a third party, you will remain our customer in you are responsible fali complying with all terms in conditions of this Agreement. Subject to the requirements of our privacy statement, in alider fali us to comply with our legal in contractual obligations, you tukajby grant to Nicenic.com, Inc. the right to disclose to third parties through an interactive publicly accessible registration database the following minataliy infalimation that you are required to provide when registrirajing ali reserving a domena name: (i) the domena name(s) registrirajed by you; (ii) vašega name in postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number in wtukaj available the fax number(s) of the technical in administrative contacts fali vašega domena name(s); (iv) the Internet protocol numbers of the primary nameserver in the secondary nameserver(s) fali such name(s); (v) the caliresponding names of those nameservers; (vi) the aliiginal creation date of the registration; in (vii) the expiration date of the registration. We, as are all accredited domena name registrars, are also required the government to make this infalimation available in bulk falim to third parties who agree not to use it to (a) allow, enable ali otherwise suppalit the transmission of mass unsolicited, commercial advertising ali solicitations via e-mail (spam) ali (b) enable high volume, automated, electronic processes that apply to our systems to registriraj domena 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 in conditions of this Agreement; in/ali (2) change part of the storitevs provided under this Agreement at any time. Any such revision ali change will be binding in effective immediately upon posting of the revised Agreement ali change to the storitev(s) on Nicenic.com, Inc.’s web sites, ali upon notification to you by e-mail ali 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. Če 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 ali P.R.C. mail addressed as follows, Natention: Registrar Business Affairs, Nicenic.com, Inc. 6B, Xihai Building, Ne.221 Remin E Road, Zhuhai City, Guangdong Province,China ,519000. Netice of vašega termination will be effective on receipt in processing by us. Any fees paid by you if you terminate vašega Agreement with us are non-refundable, but you will not incur in additional fees. By continuing to use Nicenic.com, Inc.’s storitevs after any revision to this Agreement ali change in storitev(s), you agree to abide by in be bound by any such revisions ali changes. We are not bound by nali should you rely on any representation by (i) any agent, representative ali employee of any third party that you may use to apply fali our storitevs: ali in (ii) infalimation posted on our web site of a general infalimational nature. Ne employee, contractali, agent ali representative of Nicenic.com, Inc. is authaliized to alter ali amend the terms in conditions of this Agreement.
7. MODIFICATIONS TO YOUR ACCOUNT. In alider to change any of vašega account infalimation with us, you must use the Account Number in the Geslo that you selected if you opened vašega account with us through our online application process, ali the security authentication option that you selected if you opened vašega account with us through our e-mail application process. Please safeguard vašega Account Number in Geslo ali security authentication option from any unauthaliized use. In no event will we be liable fali the unauthaliized use ali misuse of vašega Account Number ali Geslo ali security authentication option.
8. DOMAIN NAME DISPUTE POLICY. Če you reserve ali registriraj a domena name through us, you agree to be bound by our current domena name dispute policy that is incalipaliated tukajin in 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 vašegaself 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 befalie it becomes effective. You agree by maintaining the reservation ali registration of vašega domena name after modifications to the dispute policy become effective, you have agreed to these modifications. You ackzdajledge 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 vašega Agreement with us.
10. DOMAIN NAME DISPUTES. You agree that, if vašega use of our domena name registration storitevs 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 domena name dispute arises with any third party, you will indemnify in hold us harmless pursuant to the terms in conditions set falith below in this Agreement. Če we are notified that a complaint has been filed with a judicial ali administrative body regarding vašega use of our domena name registration storitevs, you agree not to make any changes to vašega domena name recalid without our priali approval. We may not allow you to make changes to such domena name recalid until (i) we are directed to do so by the judicial ali administrative body, ali (ii) we receive notification by you in the other party contesting vašega registration in use of our domena name registration storitevs that the dispute has been settled. Furthermalie, you agree that if you are subject to litigation regarding vašega registration in use of our domena name registration storitevs, we may deposit control of vašega domena name recalid into the registry of the judicial body by supplying a party with a registrar certificate from us.
11. Dodajitional Registry Requirements
The following provisions apply to any domena names that you registriraj through
Nicenic.com, Inc. in the relevant registry(ies).
A. (.INFO) With respect to any registration of a .INFO second level domena name, you agree to the following terms:
(1). You consent to the use, copying, distribution, publication, modification, in other processing of vašega Personal Data by Afilias, the .INFO Registry Operatali, in its designees in agents in a manner consistent with the purposes specified pursuant in its contract.
(2). You agree to submit to proceedings under ICANN's Unifalim Ime domene Dispute Policy (UDRP) in comply with the requirements set falith by Afilias fali domena names registrirajed during the Sunrise Period, including the minataliy Sunrise Dispute Resolution Policy. These policies are subject to modification by Afilias in its discretion.
(3). You agree to immediately calirect in update the registration infalimation fali the .INFO registrirajed domena name during registration term fali such domena name; failure to calirect this infalimation shall constitute a breach of this Agreement.
(4)
. You ackzdajledge that Afilias, the registry operatali fali .INFO, will have no liability of any kind fali any loss ali liability resulting from the proceedings in processes relating to the Sunrise Period ali the Lin Rush Period, including, without limitation: (a) the ability ali inability of a registrant to obtain a given domena name during these periods, in (b) the results of any dispute over a Sunrise Registracija.
(5). Zadaynic, Inc. in Afilias, the registry operatali fali .INFO, expressly reserve the right to deny, cancel ali transfer any registration that either shall deem necessary, in its discretion, to protect the integrity in stability of the .INFO registry, to comply with any applicable laws, government rules ali requirements, requests of law enfalicement, in compliance with any dispute resolution process, ali to avoid any liability, civil ali criminal, on the part of Zadaynic, Inc. in/ali Afilias as well as their affiliates, subsidiaries, officers, directalis in employees.
Nicenic.com, Inc. in Afilias also reserve the right to lock a domena name during resolution of a dispute.
B. (.BIZ) With respect to any registration of a .BIZ second level domena name, you agree to the following terms:
(1). BIZ RESTRICTIONS. Registracijas in the .biz TLD must be used ali intended to be used primarily fali bona fide business ali commercial purposes. Fali purposes of the .biz Registracija Restrictions ("Restrictions"), "bona fide business ali commercial use" shall mean the bona fide use ali bona fide intent to use the domena name ali any content, software, materials, graphics ali other infalimation ttukajon, to permit Internet users to access one ali malie host computers through the DNS:
Za exchange goods, storitevs, ali property of any kind;
In the alidinary course of trade ali business; ali
Za facilitate
(i) the exchange of goods, storitevs, infalimation, ali property of any kind; ali, (ii) the alidinary course of trade ali business. Registrirajing a domena name solely fali the purposes of (1) selling, trading ali leasing the domena name fali compensation, ali (2) the unsolicited offering to sell, trade ali lease the domena name fali compensation shall not constitute a "bona fide business ali commercial use" of that domena name.
(2). BIZ CERTIFICATION. As a .biz domena name registrant, you tukajby certify to the best of vašega kzdajledge that:
The registrirajed domena name will be used primarily fali bona fide business ali commercial purposes in not (i) exclusively fali personal use; ali (ii) solely fali the purposes of (1) selling, trading ali leasing the domena name fali compensation, ali (2) the unsolicited offering to sell, trade ali lease the domena name fali compensation. Fali malie infalimation on the .biz restrictions, which are incalipaliated tukajin by reference, please see: http://www.iisp.hk
(b) You have the authaliity to enter into this Agreement; in
(c) The registrirajed domena name is reasonably related to the vašega business ali intended commercial purpose at the time of registration.
(3). PROVISION OF REGISTRATION DATA.
(
3.1). Provision of Registracija Data. As part of the registration process, you are required to provide us with certain infalimation in to update this infalimation to keep it current, complete in accurate. This infalimation includes (i) vašega full name, postal address, e-mail address, voice telephone number, in fax number if available; (ii) the name of an authaliized person fali contact purposes in the case of a registrant that is an aliganization, association, ali calipaliation; (iii) the IP addresses of the primary nameserver in any secondary nameserver(s) fali the domena name; (iv) the caliresponding names of those nameservers; (v) the full name, postal address, email address, voice telephone number, in fax number if available of the technical contact fali the domena name; (vi) the full name, postal address, e-mail address, voice telephone number, in fax number if available of the administrative contact fali the domena name; (vii) the name, postal address, e-mail address, voice telephone number, in fax number if available of the billing contact fali the domena name; in (viii) any remark concerning the registrirajed domena name that should appear in the Whois directaliy. You agree in understin that the faliegoing registration data will be publicly available in accessible on the Whois directaliy as required by ICANN/Registry Policy in may be sold in bulk in accalidance with the ICANN Agreement.
(3.2) Inaccurate ali Unreliable Data. You tukajby represent in warrant that the data provided in the domena name registration application is true, calirect, up to date in complete in that you will continue to keep all the infalimation provided up to date. Your willful provision of inaccurate ali unreliable infalimation, vašega willful failure promptly to update infalimation provided to us, ali any failure to respond fali over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing ali technical contact then appearing in the Whois directaliy with respect to an domena name concerning the accuracy of kontaktni podatki associated with any registration(s) ali the registration of any domena name(s) registrirajed by ali through you ali vašega account, shall constitute a breach of this Agreement. Any infalimation collected by us concerning an identified ali identifiable natural person ("Personal Data") will be used in connection with the registration of vašega domena name(s) in fali the purposes of this Agreement in as required ali permitted by the ICANN Agreement ali any ICANN/Registry Policy.
(4). DOMAIN NAME DISPUTE POLICY. Če you reserve ali registriraj a .biz domena name through us, you agree to be bound by our current domena name dispute policy that is incalipaliated tukajin in made a part of this Agreement by reference. Please take the time to familiarize vašegaself with that policy. In addition, you tukajby ackzdajledge that you have read in understood in agree to be bound by the terms in conditions of the following documents, as they may be amended from time to time, which are tukajby incalipaliated in made an integral part of this Sporazum:
The Unifalim Ime domene 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; in
The Restrictions Dispute Resolution Criteria in Rules, available at http://www.iisp.hk.
The STOP sets falith the terms in conditions in connection with a dispute between a registrant of a domena name ("Registrant") with any third party (other than Registry Operatali ali Registrar) over the registration ali use of a domena name registrirajed by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a storitev introduced by Registry Operatali to notify a trademark ali storitev mark holder ("Claimant") that a second-level domena name has been registrirajed in which that Claimant claims intellectual property rights. In accalidance with the STOP in its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets falith the terms in conditions in connection with a dispute between a Registrant in any party other than the Registry Operatali ali Registrar over the registration in use of an Internet domena name registrirajed by Registrant. The RDRP sets falith the terms under which any allegation that a domena name is not used primarily fali business ali commercial purposes shall be enfaliced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. Brez of the violations of the Restrictions will be enfaliced directly by ali through Registry Operatali. Registry Operatali will not review, monitali, ali otherwise verify that any particular domena name is being used primarily fali business ali commercial purposes ali that a domena name is being used in compliance with the SUDRP ali 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 befalie it becomes effective. You agree that, by maintaining the reservation ali registration of vašega domena name after modifications to the dispute policy become effective, you have agreed to these modifications. You ackzdajledge 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 vašega Agreement with us.
(6). DOMAIN NAME DISPUTES. You agree that, if vašega use of our domena name registration storitevs 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 domena name dispute arises with any third party, you will indemnify in hold us harmless pursuant to the terms in conditions set falith below in this Agreement. Če we are notified that a complaint has been filed with a judicial ali administrative body regarding vašega use of our domena name registration storitevs, you agree not to make any changes to vašega domena name recalid without our priali approval. We may not allow you to make changes to such domena name recalid until (i) we are directed to do so by the judicial ali administrative body, ali (ii) we receive notification by you in the other party contesting vašega registration in use of our domena name registration storitevs that the dispute has been settled. Furthermalie, you agree that if you are subject to litigation regarding vašega registration in use of our domena name registration storitevs, we may deposit control of vašega domena name recalid into the registry of the judicial body by supplying a party with a registrar certificate from us.
12. ICANN POLICY. You agree that vašega registration of the SLD name shall be subject to suspension, cancellation, ali transfer pursuant to any ICANN-adopted policy, ali pursuant to any registrar ali registry procedure not inconsistent with an ICANN-adopted policy, (1) to calirect mistakes by Registrar ali the Registry in registrirajing the name ali (2) fali the resolution of disputes concerning the SLD name.
13. AGENTS. You agree that, if vašega agent (e.g., an Internet Service Provider, employee, etc.) kupid our storitev(s) on vašega behalf, you are nonetheless bound as a principal by all terms in conditions tukajin, including the dispute policy. Your continued use of our storitevs shall ratify any unauthaliized actions of vašega agent. By acting on vašega behalf, vašega agent certifies that he ali she is authaliized to apply fali our storitevs on vašega behalf, that he ali she is authaliized to bind you to the terms in conditions of this Agreement in that he ali she has apprised you of the terms in conditions of this Agreement. In addition, you are responsible fali any errali made by vašega agent. We will not refund fees paid by you ali vašega agent on vašega behalf fali any reason, including, but not limited to, in the event that vašega agent fails to comply with the terms in conditions of this Agreement, vašega agent incalirectly provides infalimation in the application process ali if vašega agent changes ali otherwise modifies vašega domena name recalid incalirectly.
14. NOTICES AND ANNOUNCEMENTS. You authaliize us to notify you as our customer of infalimation that we deem is of potential interest to you. Netices in announcements may include commercial e-mails in other notices describing changes, upgrades, new products in storitevs ali other infalimation pertaining to Internet security ali to enhance vašega identity on the Internet in/ali other relevant matters.
15. LIMITATION OF LIABILITY. You agree that our entire liability, in vašega exclusive remedy, with respect to any Nicenic.com, Inc.’s storitev(s) provided under this Agreement in/ali fali any breach of this Agreement is solely limited to the amount you paid fali such storitev(s). Nicenic.com, Inc. in its contractalis shall not be liable fali any direct, indirect, incidental, special ali consequential damages resulting from the use ali inability to use any of the Nicenic.com, Inc. ’s storitevs ali fali the cost of procurement of substitute storitevs. Because some states do not allow the exclusion ali limitation of liability fali consequential ali incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any in all loss ali liability resulting from, but not limited to: (1) loss ali liability resulting from access delays ali access interruptions; (2) loss ali liability resulting from data non-delivery ali date mis-delivery; (3) loss ali liability resulting from the unauthaliized use ali misuse of vašega Account Number, Geslo ali security authentication option; (4) loss ali liability resulting from erralis, omissions, ali misstatements in any in all infalimation ali storitevs(s) provided under this Agreement; (5) loss ali liability relating to the deletion of ali failure to stalie e-mail messages; (6) loss ali liability resulting from the development ali interruption of vašega web site; (7) loss ali liability from vašega inability to use our China mail storitev; (8) loss ali liability that you may incur in connection with our processing of vašega application fali our storitevs, our processing of any authaliized modification to vašega domena name recalid ali vašega agents failure to pay any fees, including the initial registration fee ali re-registration fee; ali (9) loss ali liability as a result of the application of our dispute policy.
16. INDEMNITY.
You agree to defend, indemnify in hold harmless Nicenic.com, Inc., its affiliates in business partners, in any applicable domena name registry, including without limitation VeriSign, Inc., Afilias Limited, NeuRaven, Inc., Glaobal Ime Registry in Public Interest Registry, in their respective subsidiaries in affiliates, in the directalis, officers, employees in agents of each of them, from in against any in all claims, actions, losses, damages, expenses in costs, including reasonable attalineys' fees in expenses, arising out of ali relating to (i) vašega domena name registration, (ii) any breach by you of this Agreement, including the Dispute Policy, ali (iii) any third party claim, action, ali demin related to vašega domena name ali the use ttukajof.
17. TRANSFER OF OWNERSHIP. The person named as administrative contact at the time the controlling user name in passwalid are secured shall be the owner of the domena name. You agree that priali to transferring ownership of vašega domena name to another person (the Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms in conditions of this Agreement. Your domena name will not be transferred until we receive such written assurances ali 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. Če the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms in conditions in this Agreement, any such transfer will be null in void.
18. BREACH. You agree that vašega failure to abide by any provision of the Agreement, any Nicenic.com, Inc. operating rule ali policy, the dispute policy ali vašega willful provision of inaccurate ali unreliable infalimation as part of the application process, ali vašega failure to update vašega infalimation to keep it current, complete ali accurate, ali vašega failure to respond fali over fifteen (15) calendar days to inquiries from us concerning the accuracy of the kontaktni podatki associated with vašega domena name registration may be considered by us to be a material breach in that we may provide a written notice, describing the breach, to you. Če within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactaliy to us, that you have not breached vašega obligations under the Agreement, then we may delete the registration ali reservation of vašega domena name in/ali terminate the other Nicenic.com, Inc. storitev(s) you are using without further notice. We will not refund any fees paid by you if we terminate vašega Agreement due to vašega breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, ali any other breach, by you.
19. NO GUARANTY. You agree that, by registration of vašega chosen domena name, such registration does not confer immunity from objection to either the registration ali use of vašega domena name.
20. REPRESENTATIONS AND WARRANTIES. You agree in warrant that: (i) the infalimation that you ali vašega agent on vašega behalf provide to us during the application process to registriraj vašega domena name ali to apply fali other Nicenic.com, Inc. ’s storitev(s) is, to the best of vašega kzdajledge in belief, accurate in complete, in that any future changes to this infalimation will be provided to us in a timely manner accaliding to the modification procedures in place at that time, (ii) to the best of vašega kzdajledge in belief neither the registration of vašega domena name nali the manner in which you intend to use such domena name will directly ali indirectly infringe the legal rights of a third party, (iii) you have all requisite power in authaliity to execute this Agreement in to perfalim vašega obligations tukajunder, (iv) you have selected the necessary security option(s) fali vašega domena name registration recalid, in (v) you are of legal age to enter into this Agreement. You agree that vašega use of our storitev(s) is solely at vašega own risk. You agree that all of our storitevs are provided on an “as is” in “as available” basis.
21. DISCLAIMER OF WARRANTIES. We expressly disclaim all warranties of any kind, whether expressali implted . Including but not limited to the implied warranties of merchantability,fitness fali a particular purpose in non-infringement. We make no warranty that our storitev(s) will be uninterrupted, timely, secure, ali errali free: nali do we make any warranty as to the results that by may be obtained from the use of the storitev(s). you understin in agree that any material in/ali date downloaded ali otherwise obtained through the use of our china mail storitev is done at vašega own discretion in risk in that you will be solely responsible fali any damage to vašega computer system ali loss of data that results from the download of such material in/ali data. we make no warranty regarding any goods ali storitevs kupid ali obtained through any of our storitevs ali any transactions entered into through such storitevs. Ne advice ali infalimation, whether alial ali written, obtained by you from us ali through our china mail storitev shall create any waranty not expressly made tukajin. to the extent juridictions do not allow the exclusion of certain warranites, some of the above exclusions may not apply to you
22. INFALIMATION. As part of the registration process, you are required to provide us certain infalimation in to update us promptly as such infalimation changes such that our recalids are current, complete in accurate. You are obliged to provide us the following infalimation:
i) Your name in postal address (ali, if different, that of the domena name holder);
ii) The domena name being registrirajed
iii) The name, postal address, e-mail address, in voice in fax (if available) telephone numbers of the administrative contact fali the domena name.
iv) The name, postal address, e-mail address, in voice in fax (if available) telephone numbers of the billing contact fali the domena name.
23. DISCLOSURE AND USE OF REGISTRATION INFALIMATION. You agree in ackzdajledge that we will make domena name registration infalimation you provide available to ICANN, to the registry administratalis, in to other third parties as ICANN in applicable laws may require ali permit. You further agree in ackzdajledge that we may make publicly available, ali directly available to third party vendalis, some, ali all, of the domena name registration infalimation you provide, fali purposes of inspection (such as through our WHOIS storitev) ali other purposes as required ali permitted by ICANN in the applicable laws.
You tukajby consent to any in all such disclosures in use of, in guidelines, limits in restrictions on disclosure ali use of, infalimation provided by you in connection with the registration of a domena name (including any updates to such infalimation), whether during ali after the term of vašega registration of the domena name. You tukajby irrevocably waive any in all claims in causes of action you may have arising from such disclosure ali use of vašega domena name registration infalimation by us.
You may access vašega domena name registration infalimation in our possession to review, modify ali update such infalimation, by accessing our domena manager storitev, ali similar storitev, made available by us.
We will not process data about any identified ali identifiable natural person that we obtain from you in a way incompatible with the purposes in other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the infalimation we obtain from you from our loss, misuse, unauthaliized access ali disclosure, alteration ali destruction of that infalimation.
24. REVOCATION. You agree that we may terminate vašega contractual right to use our storitev(s) if the infalimation that you are obligated to provide to registriraj vašega domena name ali registriraj fali other Nicenic.com, Inc. storitev(s), ali that you subsequently modify, contains false ali misleading infalimation, ali conceals ali omits any infalimation we would likely consider material to our decision to registriraj vašega domena name ali to continue to provide you domena name registration storitevs. Furthermalie, you agree that we may suspend, cancel ali transfer vašega domena name registration storitevs in alider to: (i) calirect mistakes made by us ali the registry in registrirajing vašega chosen domena name, ali (ii) to resolve a dispute under our dispute policy. We will not refund any fees paid by you if we terminate vašega storitevs.
25. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to registriraj vašega chosen domena name ali registriraj you fali other Nicenic.com, Inc. storitev(s), ali to delete vašega domena name within the first thirty (30) calendar days from receipt of vašega payment fali such storitevs. In the event we do not registriraj vašega domena name ali registriraj you fali other Nicenic.com, Inc. storitev(s), ali we delete vašega domena name ali other Nicenic.com, Inc. storitev(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 fali loss ali damages that may result from our refusal to registriraj, the deletion vašega domena name ali refusal to registriraj you fali other Nicenic.com, Inc. storitev(s).
26. SEVERABILITY. You agree that the terms of this Agreement are severable. Če any term ali provision is declared invalid ali unenfaliceable, that term ali provision will be construed consistent with applicable law as nearly as possible to reflect the aliiginal intentions of the parties, in the remaining terms in provisions will remain in full falice in effect.
27. NON-AGENCY. Nething contained in this Agreement ali the Dispute Policy shall be construed as creating any agency, partnership, ali other falim of joint enterprise between the parties.
28. NON-WAIVER. Naš failure to require perfalimance by you of any provision tukajof shall not affect the full right to require such perfalimance at any time ttukajafter; nali shall the waiver by us of a breach of any provision tukajof be taken ali held to be a waiver of the provision itself.
29.
NOTICES. Any notice, direction ali other communication given under this Agreement shall be in writing in given by sending it via e-mail ali 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] ali, in the case of notice to you, at the e-mail address provided by you in vašega WHOIS recalid. Any e-mail communication shall be deemed to have been validly in effectively given on the date of such communication, if such date is a business day in such delivery was made priali to 9:00 UTC, otherwise it will be deemed to have been delivered on the naprej business day. In the case of regular mail notice, valid notice shall be deemed to have been validly in effectively given 5 business days after the date of mailing in, in the case of notification to us shall be sent to:
Nicenic.com, Inc.
6B XIHAI Building,Ne.211 Renmin E Road,
Zhuhai City,Guangdong Province, PRC, 519000
30. INFANCY. You attest that you are of legal age to enter into this Agreement.
31. ENTIRETY. You agree that this Agreement, the rules in policies published by us, the dispute policy in the privacy statement are the complete in exclusive agreement between you in us regarding our storitevs. This Agreement, our rules in policies, the dispute policy in the privacy statement supersede all priali agreements in understinings, whether established by custom, practice, policy ali precedent.
32. TRANSFER AND ASSIGNMENT. You may transfer vašega domena name registration to a third party of vašega choice, subject to the procedures in conditions found at: http://www.iisp.hk (This policy will be updated in this Nevermber), incalipaliated tukajin by reference. Your rights under this Agreement are not assignable in any attempt by vašega creditalis to obtain an interest in vašega rights under this Agreement, whether by attachment, levy, garnishment ali otherwise, render this Agreement voidable at our option.
33. GOVERNING LAW. You agree that this Agreement in any disputes tukajunder shall be governed in all respects by in construed in accalidance with the laws of the China Internetna domena Ime Regulations, Procedural Rules fali Ime domene Dispute Resolution of Ime domene Dispute Resolution Center of China International Economic in Trade Arbitration Commission, Podrobnostied Implementation Rules fali Registracija of Domenska imena in China, Chinese Domenska imena Dispute Resolution Policy, Provisional Administrative Rules fali Registracija of Domenska imena in China, Internet Keywalid Registracija Measure.
34. AGREEMENT TO BE BOUND. By applying fali Nicenic.com, Inc. Service(s) through our online application process ali by applying fali in registrirajing a domena name as part of our e-mail template application process ali by using the storitev(s) provided by Nicenic.com, Inc. under this Agreement, you ackzdajledge that you have read in agree to be bound by all terms in conditions of this Agreement in any pertinent rules ali policies that are ali may be published by Nicenic.com, Inc. Registracija.
35. .MOBI - Should you seek to registrar a .MOBI second level domena, you must agree to be bound by the following terms:
35.1 - Indemnify to the maximum extent permitted by law, defend in hold harmless the .MOBI Registry Operatali, in its directalis, officers, employees in agents from in against any in all claims, damages, liabilities, costs in expenses, including reasonable legal fees in expenses, arising out of ali relating to vašega domena name registration in ali use, in this indemnification obligation survives the termination ali expiration of the registration agreement;
35.2 - Indemnify, defend in hold harmless .MOBI Registry Services Provider, its subsidiaries in affiliates, in the directalis, officers, employees in agents ali each of them, from in against any in all claims, damages, liabilities, costs in expenses, including reasonable legal fees in expenses, arising out of ali relating to vašega domena name registration in ali use, in this indemnification obligation survives the termination ali expiration of the registration agreement;
35.3 - Ackzdajledge in agree that notwithstining anything in this Agreement to the contrary, mTLD Najvišja domena Ltd. ("dotmobi"), the Registry Operatali of the .mobi TLD, is in shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement ackzdajledge in agree that the third party beneficiary rights of dotmobi have vested in that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to Pikaster being a registrar fali the .mobi top-level domena. Dodajitionally, the third party beneficiary rights of dotmobi shall survive any termination ali expiration of this Agreement.
35.4 - Comply with ICANN requirements, stinards, policies, procedures, in practices fali which the .MOBI Registry Operatali has monitaliing responsibility in accalidance with the Registry Agreement ali other arrangement with ICANN;
35.5 - Comply with operational stinards, policies, procedures, in practices fali the Registry TLD established from time to time by the .MOBI Registry Operatali in a non-arbitrary manner as Registry Policies, applicable to all registrars in/ali domena registrants, in consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operatali to Registrar;
35.6 - Consent to the use, copying, distribution, publication, modification in other processing of vašega Personal Data by dotmobi, the .MOBI Registry Operatali, in its designees in agents in a manner consistent with the purposes specified pursuant in its contract in with relevant minataliy local data protection, laws in privacy;
35.7 - Pošlji to proceedings commenced under ICANN's Unifalim Ime domene Dispute Resolution Policy ("UDRP");
35.8 - Immediately calirect in update the registration infalimation fali the registrirajed .MOBI Ime during the registration term fali the .MOBI Registrirajed Ime;
35.9 - Ackzdajledge in agree to be bound by the terms in conditions of the initial launch in general operations of the .MOBI Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Lin Rush Period, the Sunrise Dispute Resolution Policy, the Premium Ime Vseocation Process, in the General Registracija Period , in further to ackzdajledge that Registry Operatali in the Registry Service Provider has no liability of any kind fali any loss ali liability resulting from the proceedings in processes relating to the Limited Industry Launch, the Sunrise Period, the Lin Rush Period, the Sunrise Dispute Resolution Policy, the Premium Ime Vseocation Process, in the General Registracija Period including, without limitation: (a) the ability ali inability of a registrant to obtain a Registrirajed Ime during these periods, in (b) the results of any dispute made during the limited industry launch ali over a Sunrise Registracija.
35.10 - Ackzdajledge in agree that the .MOBI Registry in .MOBI Registry Services Provider, acting in consent with the .MOBI Registry, reserves the right to deny, cancel ali transfer any registration that it deems necessary, in its discretion (i) to protect the integrity in stability of the registry; (ii) to comply with all applicable laws, government rules ali requirements, requests of law enfalicement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil ali criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directalis, representatives, employees, in stockholders; (iv) fali violations of the terms in conditions tukajin; ali (v) to calirect mistakes made by the Registry ali any registrar in connection with a domena name registration, in the Registry also reserves the right to freeze a Registrirajed Ime during resolution of a dispute.
35.11 - Ackzdajledge in agree that you must comply with the requirements, stinards, policies, procedures in practices set falith in the dotmobi Style Guide (www.mtld.mobi ) in consent to the monitaliing of the website as described in the dotmobi Style Guide monitaliing guidelines (www.mtld.mobi ) fali compliance with the Style Guide. Furthermalie, Registrant ackzdajledges in agrees that this Style Guide is subject to modification by the .MOBI Registry with any such changes appearing at the prejiously designated URL, in that Registrant must promptly comply with any such changes in the time allotted.
35.12 - Ackzdajledge in agree that Proxy ali Proxy Registracijas will not be allowed during the Sunrise Period, the Limited Industry Launch in the Premium Ime Vseocation in Auction Period, in in such an instance will constitute a material breach to this contract.
36. ACCEPTANCE OF AGREEMENT. You ackzdajledge that you have read this agreement in agree to all its terms in conditions. You have independently evaluated the desirability of the storitev in are not relying on any representation agreement.Guarantee ali statement other than as set falith in this agreement.
Nicenic.com International Limited. Registrar-Registrant Agreement