Regjistrues-Registrant Agreement
1.DEFINITIONS. In this Service Agreement (“Agreement”), “you” dhe “tënd” refer to each customer (“Customer”) dhe “we”, “us” dhe “our” refer to Nicenic.com, Inc. (“Nicenic.com, Inc.”). This Agreement explains our obligations to you, dhe tënd obligations to us in relation to tënd use of our shërbimis. By selecting Nicenic.com, Inc. shërbimi(s) you have agreed to establish an account with us fose such shërbimis. When you use tënd account ose permit someone else to use tënd account to blej ose otherwise acquire access to additional Nicenic.com, Inc.'s shërbimi(s) ose to modify ose cancel tënd Nicenic.com, Inc.’s shërbimi(s) (even if we were not notified of such authoseization), this Agreement covers any such shërbimi ose actions.
2.SELECTION OF A DOMAIN NAME. You represent that, to the best of tënd ktaniledge dhe belief, neither the registration of the SLD name nose the manner in which it is directly ose indirectly used infringes the legal rights of a third party dhe that the Emër domeni is not being regjistroed fose any unlawful purpose.
3. FEES, PAYMENT AND TERM OF SERVICE. As consideration fose the shërbimis you have selected, you agree to pay Nicenic.com, Inc. the applicable shërbimi(s) fees set foseth on our web site at the time of tënd selection. Të gjitha fees are due immediately dhe are non-refundable. Nicenic.com, Inc. may take all remedies available to collect fees owed. Any renewal of tënd shërbimis with us is subject to our then current terms dhe conditions dhe payment of all applicable shërbimi fees at the time of renewal dhe in the case of domain name re-registration, the domain name registry’s acceptance of our domain name registration. You agree that you may not transfer tënd domain name registration to another domain name registrar during the first sixty (60) days from the effective date of tënd initial domain name registration with us.
4.TERM. You agree that the Regjistrim Agreement will remain in full fosece during the length of the term of tënd Regjistrimi i Emrit të Domain. Should you choose to renew ose otherwise lengthen the term of tënd Regjistrimi i Emrit të Domain, then the term of this Regjistrim Agreement will be extended accosedingly. This Agreement will remain in full fosece during the length of the term of tënd Regjistrimi i Emrit të Domain as selected, recoseded, dhe paid fose upon registration of the Emër domeni. Should you choose to renew ose otherwise lengthen the term of tënd Regjistrimi i Emrit të Domain, then the term of this Regjistrim Agreement will be extended accosedingly. Should you transfer tënd domain name ose should the domain name otherwise be transferred due to another Regjistrues, the terms dhe conditions of this contract shall cease dhe shall be replaced by the contractual terms in fosece fose the purpose of regjistroing domain names then in fosece between SLD holders dhe the new Regjistrues.
5. ACCURATE INFOSEMATION. As further consideration fose the Nicenic.com, Inc. shërbimi(s), you agree to: (1) provide certain current, complete dhe accurate infosemation about you as required by the application process; dhe (2) maintain dhe update this infosemation as needed to keep it current, complete dhe accurate. We rely on this infosemation to send you imposetant infosemation dhe notices regarding tënd account dhe our shërbimis. Ynë privacy statement, located on our web site at http://www.iisp.hk dhe incoseposeated këtuin by reference sets foseth tënd dhe our rights dhe responsibilities with regard to tënd personal infosemation. 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 befosee it becomes effective. You agree that, by using our shërbimis after modifications to the privacy statement become effective, you have agreed to these modifications. You acktaniledge 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 tënd Agreement with us. We will not process the personal date that we collect from you in a way incompatible with the purposes dhe other limitations described in our privacy statement dhe we will take reasonable precautions to protect tënd personal date from loss, misuse dhe unauthoseized access, disclosure, alteration ose destruction. You represent dhe warrant that you have provided notice to, dhe obtained consent from, any third party individuals whose personal data you supply to us as part of our shërbimis with regard to: (i) the purposes fose which such third party’s personal data has been collected, (ii) the intended recipients ose categoseies of recipients of the third party’s personal data, (iii) which parts of the third party’s data are obligatosey dhe which parts, if any, are voluntary: dhe (iv) how the third party can access dhe, if necessary, rectify the data held about them. You further agree to provide such notice dhe obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible fose any consequences resulting from tënd failure to provide notice ose receive consent from such individuals nose fose tënd providing outdated, incomplete ose inaccurate infosemation. Even if you intend to license the use of our domain name registration shërbimis to a third party, you will remain our customer dhe you are responsible fose complying with all terms dhe conditions of this Agreement. Subject to the requirements of our privacy statement, in oseder fose us to comply with our legal dhe contractual obligations, you këtuby grant to Nicenic.com, Inc. the right to disclose to third parties through an interactive publicly accessible registration database the following mdheatosey infosemation that you are required to provide when regjistroing ose reserving a domain name: (i) the domain name(s) regjistroed by you; (ii) tënd name dhe postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number dhe wkëtu available the fax number(s) of the technical dhe administrative contacts fose tënd domain name(s); (iv) the Internet protocol numbers of the primary nameserver dhe the secondary nameserver(s) fose such name(s); (v) the coseresponding names of those nameservers; (vi) the oseiginal creation date of the registration; dhe (vii) the expiration date of the registration. We, as are all accredited domain name registrars, are also required the government to make this infosemation available in bulk fosem to third parties who agree not to use it to (a) allow, enable ose otherwise supposet the transmission of mass unsolicited, commercial advertising ose solicitations via e-mail (spam) ose (b) enable high volume, automated, electronic processes that apply to our systems to regjistro domain 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 dhe conditions of this Agreement; dhe/ose (2) change part of the shërbimis provided under this Agreement at any time. Any such revision ose change will be binding dhe effective immediately upon posting of the revised Agreement ose change to the shërbimi(s) on Nicenic.com, Inc.’s web sites, ose upon notification to you by e-mail ose 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. Nëse 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 ose P.R.C. mail addressed as follows, Nëtention: Regjistrues Business Affairs, Nicenic.com, Inc. 6B, Xihai Building, Jo.221 Remin E Road, Zhuhai City, Guangdong Province,China ,519000. Jotice of tënd termination will be effective on receipt dhe processing by us. Any fees paid by you if you terminate tënd Agreement with us are non-refundable, but you will not incur dhe additional fees. By continuing to use Nicenic.com, Inc.’s shërbimis after any revision to this Agreement ose change in shërbimi(s), you agree to abide by dhe be bound by any such revisions ose changes. We are not bound by nose should you rely on any representation by (i) any agent, representative ose employee of any third party that you may use to apply fose our shërbimis: ose in (ii) infosemation posted on our web site of a general infosemational nature. Jo employee, contractose, agent ose representative of Nicenic.com, Inc. is authoseized to alter ose amend the terms dhe conditions of this Agreement.
7. MODIFICATIONS TO YOUR ACCOUNT. In oseder to change any of tënd account infosemation with us, you must use the Account Number dhe the Fjalëkalimi that you selected if you opened tënd account with us through our online application process, ose the security authentication option that you selected if you opened tënd account with us through our e-mail application process. Please safeguard tënd Account Number dhe Fjalëkalimi ose security authentication option from any unauthoseized use. In no event will we be liable fose the unauthoseized use ose misuse of tënd Account Number ose Fjalëkalimi ose security authentication option.
8. DOMAIN NAME DISPUTE POLICY. Nëse you reserve ose regjistro a domain name through us, you agree to be bound by our current domain name dispute policy that is incoseposeated këtuin dhe 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 tëndself 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 befosee it becomes effective. You agree by maintaining the reservation ose registration of tënd domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acktaniledge 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 tënd Agreement with us.
10. DOMAIN NAME DISPUTES. You agree that, if tënd use of our domain name registration shërbimis 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 domain name dispute arises with any third party, you will indemnify dhe hold us harmless pursuant to the terms dhe conditions set foseth below in this Agreement. Nëse we are notified that a complaint has been filed with a judicial ose administrative body regarding tënd use of our domain name registration shërbimis, you agree not to make any changes to tënd domain name recosed without our priose approval. We may not allow you to make changes to such domain name recosed until (i) we are directed to do so by the judicial ose administrative body, ose (ii) we receive notification by you dhe the other party contesting tënd registration dhe use of our domain name registration shërbimis that the dispute has been settled. Furthermosee, you agree that if you are subject to litigation regarding tënd registration dhe use of our domain name registration shërbimis, we may deposit control of tënd domain name recosed into the registry of the judicial body by supplying a party with a registrar certificate from us.
11. Shtoitional Registry Requirements
The following provisions apply to any domain names that you regjistro through
Nicenic.com, Inc. in the relevant registry(ies).
A. (.INFO) With respect to any registration of a .INFO second level domain name, you agree to the following terms:
(1). You consent to the use, copying, distribution, publication, modification, dhe other processing of tënd Personal Data by Afilias, the .INFO Registry Operatose, dhe its designees dhe agents in a manner consistent with the purposes specified pursuant in its contract.
(2). You agree to submit to proceedings under ICANN's Unifosem Emër domeni Dispute Policy (UDRP) dhe comply with the requirements set foseth by Afilias fose domain names regjistroed during the Sunrise Period, including the mdheatosey Sunrise Dispute Resolution Policy. These policies are subject to modification by Afilias in its discretion.
(3). You agree to immediately coserect dhe update the registration infosemation fose the .INFO regjistroed domain name during registration term fose such domain name; failure to coserect this infosemation shall constitute a breach of this Agreement.
(4)
. You acktaniledge that Afilias, the registry operatose fose .INFO, will have no liability of any kind fose any loss ose liability resulting from the proceedings dhe processes relating to the Sunrise Period ose the Ldhe Rush Period, including, without limitation: (a) the ability ose inability of a registrant to obtain a given domain name during these periods, dhe (b) the results of any dispute over a Sunrise Regjistrim.
(5). Për tëdaynic, Inc. dhe Afilias, the registry operatose fose .INFO, expressly reserve the right to deny, cancel ose transfer any registration that either shall deem necessary, in its discretion, to protect the integrity dhe stability of the .INFO registry, to comply with any applicable laws, government rules ose requirements, requests of law enfosecement, in compliance with any dispute resolution process, ose to avoid any liability, civil ose criminal, on the part of Për tëdaynic, Inc. dhe/ose Afilias as well as their affiliates, subsidiaries, officers, directoses dhe employees.
Nicenic.com, Inc. dhe Afilias also reserve the right to lock a domain name during resolution of a dispute.
B. (.BIZ) With respect to any registration of a .BIZ second level domain name, you agree to the following terms:
(1). BIZ RESTRICTIONS. Regjistrims in the .biz TLD must be used ose intended to be used primarily fose bona fide business ose commercial purposes. Fose purposes of the .biz Regjistrim Restrictions ("Restrictions"), "bona fide business ose commercial use" shall mean the bona fide use ose bona fide intent to use the domain name ose any content, software, materials, graphics ose other infosemation tkëtuon, to permit Internet users to access one ose mosee host computers through the DNS:
Për të exchange goods, shërbimis, ose property of any kind;
In the osedinary course of trade ose business; ose
Për të facilitate
(i) the exchange of goods, shërbimis, infosemation, ose property of any kind; ose, (ii) the osedinary course of trade ose business. Regjistrohuing a domain name solely fose the purposes of (1) selling, trading ose leasing the domain name fose compensation, ose (2) the unsolicited offering to sell, trade ose lease the domain name fose compensation shall not constitute a "bona fide business ose commercial use" of that domain name.
(2). BIZ CERTIFICATION. As a .biz domain name registrant, you këtuby certify to the best of tënd ktaniledge that:
The regjistroed domain name will be used primarily fose bona fide business ose commercial purposes dhe not (i) exclusively fose personal use; ose (ii) solely fose the purposes of (1) selling, trading ose leasing the domain name fose compensation, ose (2) the unsolicited offering to sell, trade ose lease the domain name fose compensation. Fose mosee infosemation on the .biz restrictions, which are incoseposeated këtuin by reference, please see: http://www.iisp.hk
(b) You have the authoseity to enter into this Agreement; dhe
(c) The regjistroed domain name is reasonably related to the tënd business ose intended commercial purpose at the time of registration.
(3). PROVISION OF REGISTRATION DATA.
(
3.1). Provision of Regjistrim Data. As part of the registration process, you are required to provide us with certain infosemation dhe to update this infosemation to keep it current, complete dhe accurate. This infosemation includes (i) tënd full name, postal address, e-mail address, voice telephone number, dhe fax number if available; (ii) the name of an authoseized person fose contact purposes in the case of a registrant that is an oseganization, association, ose coseposeation; (iii) the IP addresses of the primary nameserver dhe any secondary nameserver(s) fose the domain name; (iv) the coseresponding names of those nameservers; (v) the full name, postal address, email address, voice telephone number, dhe fax number if available of the technical contact fose the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, dhe fax number if available of the administrative contact fose the domain name; (vii) the name, postal address, e-mail address, voice telephone number, dhe fax number if available of the billing contact fose the domain name; dhe (viii) any remark concerning the regjistroed domain name that should appear in the Whois directosey. You agree dhe understdhe that the foseegoing registration data will be publicly available dhe accessible on the Whois directosey as required by ICANN/Registry Policy dhe may be sold in bulk in accosedance with the ICANN Agreement.
(3.2) Inaccurate ose Unreliable Data. You këtuby represent dhe warrant that the data provided in the domain name registration application is true, coserect, up to date dhe complete dhe that you will continue to keep all the infosemation provided up to date. Your willful provision of inaccurate ose unreliable infosemation, tënd willful failure promptly to update infosemation provided to us, ose any failure to respond fose over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing ose technical contact then appearing in the Whois directosey with respect to an domain name concerning the accuracy of të dhënat e kontaktit associated with any registration(s) ose the registration of any domain name(s) regjistroed by ose through you ose tënd account, shall constitute a breach of this Agreement. Any infosemation collected by us concerning an identified ose identifiable natural person ("Personal Data") will be used in connection with the registration of tënd domain name(s) dhe fose the purposes of this Agreement dhe as required ose permitted by the ICANN Agreement ose any ICANN/Registry Policy.
(4). DOMAIN NAME DISPUTE POLICY. Nëse you reserve ose regjistro a .biz domain name through us, you agree to be bound by our current domain name dispute policy that is incoseposeated këtuin dhe made a part of this Agreement by reference. Please take the time to familiarize tëndself with that policy. In addition, you këtuby acktaniledge that you have read dhe understood dhe agree to be bound by the terms dhe conditions of the following documents, as they may be amended from time to time, which are këtuby incoseposeated dhe made an integral part of this Marrëveshja:
The Unifosem Emër domeni 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; dhe
The Restrictions Dispute Resolution Criteria dhe Rules, available at http://www.iisp.hk.
The STOP sets foseth the terms dhe conditions in connection with a dispute between a registrant of a domain name ("Registrant") with any third party (other than Registry Operatose ose Regjistrues) over the registration ose use of a domain name regjistroed by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a shërbimi introduced by Registry Operatose to notify a trademark ose shërbimi mark holder ("Claimant") that a second-level domain name has been regjistroed in which that Claimant claims intellectual property rights. In accosedance with the STOP dhe its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets foseth the terms dhe conditions in connection with a dispute between a Registrant dhe any party other than the Registry Operatose ose Regjistrues over the registration dhe use of an Internet domain name regjistroed by Registrant. The RDRP sets foseth the terms under which any allegation that a domain name is not used primarily fose business ose commercial purposes shall be enfoseced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. Asnjë of the violations of the Restrictions will be enfoseced directly by ose through Registry Operatose. Registry Operatose will not review, monitose, ose otherwise verify that any particular domain name is being used primarily fose business ose commercial purposes ose that a domain name is being used in compliance with the SUDRP ose 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 befosee it becomes effective. You agree that, by maintaining the reservation ose registration of tënd domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acktaniledge 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 tënd Agreement with us.
(6). DOMAIN NAME DISPUTES. You agree that, if tënd use of our domain name registration shërbimis 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 domain name dispute arises with any third party, you will indemnify dhe hold us harmless pursuant to the terms dhe conditions set foseth below in this Agreement. Nëse we are notified that a complaint has been filed with a judicial ose administrative body regarding tënd use of our domain name registration shërbimis, you agree not to make any changes to tënd domain name recosed without our priose approval. We may not allow you to make changes to such domain name recosed until (i) we are directed to do so by the judicial ose administrative body, ose (ii) we receive notification by you dhe the other party contesting tënd registration dhe use of our domain name registration shërbimis that the dispute has been settled. Furthermosee, you agree that if you are subject to litigation regarding tënd registration dhe use of our domain name registration shërbimis, we may deposit control of tënd domain name recosed into the registry of the judicial body by supplying a party with a registrar certificate from us.
12. ICANN POLICY. You agree that tënd registration of the SLD name shall be subject to suspension, cancellation, ose transfer pursuant to any ICANN-adopted policy, ose pursuant to any registrar ose registry procedure not inconsistent with an ICANN-adopted policy, (1) to coserect mistakes by Regjistrues ose the Registry in regjistroing the name ose (2) fose the resolution of disputes concerning the SLD name.
13. AGENTS. You agree that, if tënd agent (e.g., an Internet Service Provider, employee, etc.) blejd our shërbimi(s) on tënd behalf, you are nonetheless bound as a principal by all terms dhe conditions këtuin, including the dispute policy. Your continued use of our shërbimis shall ratify any unauthoseized actions of tënd agent. By acting on tënd behalf, tënd agent certifies that he ose she is authoseized to apply fose our shërbimis on tënd behalf, that he ose she is authoseized to bind you to the terms dhe conditions of this Agreement dhe that he ose she has apprised you of the terms dhe conditions of this Agreement. In addition, you are responsible fose any errose made by tënd agent. We will not refund fees paid by you ose tënd agent on tënd behalf fose any reason, including, but not limited to, in the event that tënd agent fails to comply with the terms dhe conditions of this Agreement, tënd agent incoserectly provides infosemation in the application process ose if tënd agent changes ose otherwise modifies tënd domain name recosed incoserectly.
14. NOTICES AND ANNOUNCEMENTS. You authoseize us to notify you as our customer of infosemation that we deem is of potential interest to you. Jotices dhe announcements may include commercial e-mails dhe other notices describing changes, upgrades, new products dhe shërbimis ose other infosemation pertaining to Internet security ose to enhance tënd identity on the Internet dhe/ose other relevant matters.
15. LIMITATION OF LIABILITY. You agree that our entire liability, dhe tënd exclusive remedy, with respect to any Nicenic.com, Inc.’s shërbimi(s) provided under this Agreement dhe/ose fose any breach of this Agreement is solely limited to the amount you paid fose such shërbimi(s). Nicenic.com, Inc. dhe its contractoses shall not be liable fose any direct, indirect, incidental, special ose consequential damages resulting from the use ose inability to use any of the Nicenic.com, Inc. ’s shërbimis ose fose the cost of procurement of substitute shërbimis. Because some states do not allow the exclusion ose limitation of liability fose consequential ose incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any dhe all loss ose liability resulting from, but not limited to: (1) loss ose liability resulting from access delays ose access interruptions; (2) loss ose liability resulting from data non-delivery ose date mis-delivery; (3) loss ose liability resulting from the unauthoseized use ose misuse of tënd Account Number, Fjalëkalimi ose security authentication option; (4) loss ose liability resulting from erroses, omissions, ose misstatements in any dhe all infosemation ose shërbimis(s) provided under this Agreement; (5) loss ose liability relating to the deletion of ose failure to stosee e-mail messages; (6) loss ose liability resulting from the development ose interruption of tënd web site; (7) loss ose liability from tënd inability to use our China mail shërbimi; (8) loss ose liability that you may incur in connection with our processing of tënd application fose our shërbimis, our processing of any authoseized modification to tënd domain name recosed ose tënd agents failure to pay any fees, including the initial registration fee ose re-registration fee; ose (9) loss ose liability as a result of the application of our dispute policy.
16. INDEMNITY.
You agree to defend, indemnify dhe hold harmless Nicenic.com, Inc., its affiliates dhe business partners, dhe any applicable domain name registry, including without limitation VeriSign, Inc., Afilias Limited, NeuNiveli, Inc., Glaobal Emër Registry dhe Public Interest Registry, dhe their respective subsidiaries dhe affiliates, dhe the directoses, officers, employees dhe agents of each of them, from dhe against any dhe all claims, actions, losses, damages, expenses dhe costs, including reasonable attoseneys' fees dhe expenses, arising out of ose relating to (i) tënd domain name registration, (ii) any breach by you of this Agreement, including the Dispute Policy, ose (iii) any third party claim, action, ose demdhe related to tënd domain name ose the use tkëtuof.
17. TRANSFER OF OWNERSHIP. The person named as administrative contact at the time the controlling user name dhe passwosed are secured shall be the owner of the domain name. You agree that priose to transferring ownership of tënd domain name to another person (the Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms dhe conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances ose 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. Nëse the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms dhe conditions in this Agreement, any such transfer will be null dhe void.
18. BREACH. You agree that tënd failure to abide by any provision of the Agreement, any Nicenic.com, Inc. operating rule ose policy, the dispute policy ose tënd willful provision of inaccurate ose unreliable infosemation as part of the application process, ose tënd failure to update tënd infosemation to keep it current, complete ose accurate, ose tënd failure to respond fose over fifteen (15) calendar days to inquiries from us concerning the accuracy of the të dhënat e kontaktit associated with tënd domain name registration may be considered by us to be a material breach dhe that we may provide a written notice, describing the breach, to you. Nëse within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactosey to us, that you have not breached tënd obligations under the Agreement, then we may delete the registration ose reservation of tënd domain name dhe/ose terminate the other Nicenic.com, Inc. shërbimi(s) you are using without further notice. We will not refund any fees paid by you if we terminate tënd Agreement due to tënd breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, ose any other breach, by you.
19. NO GUARANTY. You agree that, by registration of tënd chosen domain name, such registration does not confer immunity from objection to either the registration ose use of tënd domain name.
20. REPRESENTATIONS AND WARRANTIES. You agree dhe warrant that: (i) the infosemation that you ose tënd agent on tënd behalf provide to us during the application process to regjistro tënd domain name ose to apply fose other Nicenic.com, Inc. ’s shërbimi(s) is, to the best of tënd ktaniledge dhe belief, accurate dhe complete, dhe that any future changes to this infosemation will be provided to us in a timely manner accoseding to the modification procedures in place at that time, (ii) to the best of tënd ktaniledge dhe belief neither the registration of tënd domain name nose the manner in which you intend to use such domain name will directly ose indirectly infringe the legal rights of a third party, (iii) you have all requisite power dhe authoseity to execute this Agreement dhe to perfosem tënd obligations këtuunder, (iv) you have selected the necessary security option(s) fose tënd domain name registration recosed, dhe (v) you are of legal age to enter into this Agreement. You agree that tënd use of our shërbimi(s) is solely at tënd own risk. You agree that all of our shërbimis are provided on an “as is” dhe “as available” basis.
21. DISCLAIMER OF WARRANTIES. We expressly disclaim all warranties of any kind, whether expressose implted . Including but not limited to the implied warranties of merchantability,fitness fose a particular purpose dhe non-infringement. We make no warranty that our shërbimi(s) will be uninterrupted, timely, secure, ose errose free: nose do we make any warranty as to the results that by may be obtained from the use of the shërbimi(s). you understdhe dhe agree that any material dhe/ose date downloaded ose otherwise obtained through the use of our china mail shërbimi is done at tënd own discretion dhe risk dhe that you will be solely responsible fose any damage to tënd computer system ose loss of data that results from the download of such material dhe/ose data. we make no warranty regarding any goods ose shërbimis blejd ose obtained through any of our shërbimis ose any transactions entered into through such shërbimis. Jo advice ose infosemation, whether oseal ose written, obtained by you from us ose through our china mail shërbimi shall create any waranty not expressly made këtuin. to the extent juridictions do not allow the exclusion of certain warranites, some of the above exclusions may not apply to you
22. INFOSEMATION. As part of the registration process, you are required to provide us certain infosemation dhe to update us promptly as such infosemation changes such that our recoseds are current, complete dhe accurate. You are obliged to provide us the following infosemation:
i) Your name dhe postal address (ose, if different, that of the domain name holder);
ii) The domain name being regjistroed
iii) The name, postal address, e-mail address, dhe voice dhe fax (if available) telephone numbers of the administrative contact fose the domain name.
iv) The name, postal address, e-mail address, dhe voice dhe fax (if available) telephone numbers of the billing contact fose the domain name.
23. DISCLOSURE AND USE OF REGISTRATION INFOSEMATION. You agree dhe acktaniledge that we will make domain name registration infosemation you provide available to ICANN, to the registry administratoses, dhe to other third parties as ICANN dhe applicable laws may require ose permit. You further agree dhe acktaniledge that we may make publicly available, ose directly available to third party vendoses, some, ose all, of the domain name registration infosemation you provide, fose purposes of inspection (such as through our WHOIS shërbimi) ose other purposes as required ose permitted by ICANN dhe the applicable laws.
You këtuby consent to any dhe all such disclosures dhe use of, dhe guidelines, limits dhe restrictions on disclosure ose use of, infosemation provided by you in connection with the registration of a domain name (including any updates to such infosemation), whether during ose after the term of tënd registration of the domain name. You këtuby irrevocably waive any dhe all claims dhe causes of action you may have arising from such disclosure ose use of tënd domain name registration infosemation by us.
You may access tënd domain name registration infosemation in our possession to review, modify ose update such infosemation, by accessing our domain manager shërbimi, ose similar shërbimi, made available by us.
We will not process data about any identified ose identifiable natural person that we obtain from you in a way incompatible with the purposes dhe other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the infosemation we obtain from you from our loss, misuse, unauthoseized access ose disclosure, alteration ose destruction of that infosemation.
24. REVOCATION. You agree that we may terminate tënd contractual right to use our shërbimi(s) if the infosemation that you are obligated to provide to regjistro tënd domain name ose regjistro fose other Nicenic.com, Inc. shërbimi(s), ose that you subsequently modify, contains false ose misleading infosemation, ose conceals ose omits any infosemation we would likely consider material to our decision to regjistro tënd domain name ose to continue to provide you domain name registration shërbimis. Furthermosee, you agree that we may suspend, cancel ose transfer tënd domain name registration shërbimis in oseder to: (i) coserect mistakes made by us ose the registry in regjistroing tënd chosen domain name, ose (ii) to resolve a dispute under our dispute policy. We will not refund any fees paid by you if we terminate tënd shërbimis.
25. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to regjistro tënd chosen domain name ose regjistro you fose other Nicenic.com, Inc. shërbimi(s), ose to delete tënd domain name within the first thirty (30) calendar days from receipt of tënd payment fose such shërbimis. In the event we do not regjistro tënd domain name ose regjistro you fose other Nicenic.com, Inc. shërbimi(s), ose we delete tënd domain name ose other Nicenic.com, Inc. shërbimi(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 fose loss ose damages that may result from our refusal to regjistro, the deletion tënd domain name ose refusal to regjistro you fose other Nicenic.com, Inc. shërbimi(s).
26. SEVERABILITY. You agree that the terms of this Agreement are severable. Nëse any term ose provision is declared invalid ose unenfoseceable, that term ose provision will be construed consistent with applicable law as nearly as possible to reflect the oseiginal intentions of the parties, dhe the remaining terms dhe provisions will remain in full fosece dhe effect.
27. NON-AGENCY. Jothing contained in this Agreement ose the Dispute Policy shall be construed as creating any agency, partnership, ose other fosem of joint enterprise between the parties.
28. NON-WAIVER. Ynë failure to require perfosemance by you of any provision këtuof shall not affect the full right to require such perfosemance at any time tkëtuafter; nose shall the waiver by us of a breach of any provision këtuof be taken ose held to be a waiver of the provision itself.
29.
NOTICES. Any notice, direction ose other communication given under this Agreement shall be in writing dhe given by sending it via e-mail ose 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] ose, in the case of notice to you, at the e-mail address provided by you in tënd WHOIS recosed. Any e-mail communication shall be deemed to have been validly dhe effectively given on the date of such communication, if such date is a business day dhe such delivery was made priose to 9:00 UTC, otherwise it will be deemed to have been delivered on the tjetër business day. In the case of regular mail notice, valid notice shall be deemed to have been validly dhe effectively given 5 business days after the date of mailing dhe, in the case of notification to us shall be sent to:
Nicenic.com, Inc.
6B XIHAI Building,Jo.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 dhe policies published by us, the dispute policy dhe the privacy statement are the complete dhe exclusive agreement between you dhe us regarding our shërbimis. This Agreement, our rules dhe policies, the dispute policy dhe the privacy statement supersede all priose agreements dhe understdheings, whether established by custom, practice, policy ose precedent.
32. TRANSFER AND ASSIGNMENT. You may transfer tënd domain name registration to a third party of tënd choice, subject to the procedures dhe conditions found at: http://www.iisp.hk (This policy will be updated in this Jovermber), incoseposeated këtuin by reference. Your rights under this Agreement are not assignable dhe any attempt by tënd creditoses to obtain an interest in tënd rights under this Agreement, whether by attachment, levy, garnishment ose otherwise, render this Agreement voidable at our option.
33. GOVERNING LAW. You agree that this Agreement dhe any disputes këtuunder shall be governed in all respects by dhe construed in accosedance with the laws of the China Domain Interneti Emër Regulations, Procedural Rules fose Emër domeni Dispute Resolution of Emër domeni Dispute Resolution Center of China International Economic dhe Trade Arbitration Commission, Detajied Implementation Rules fose Regjistrim of Emrat e Domeineve in China, Chinese Emrat e Domeineve Dispute Resolution Policy, Provisional Administrative Rules fose Regjistrim of Emrat e Domeineve in China, Internet Keywosed Regjistrim Measure.
34. AGREEMENT TO BE BOUND. By applying fose Nicenic.com, Inc. Service(s) through our online application process ose by applying fose dhe regjistroing a domain name as part of our e-mail template application process ose by using the shërbimi(s) provided by Nicenic.com, Inc. under this Agreement, you acktaniledge that you have read dhe agree to be bound by all terms dhe conditions of this Agreement dhe any pertinent rules ose policies that are ose may be published by Nicenic.com, Inc. Regjistrim.
35. .MOBI - Should you seek to registrar a .MOBI second level domain, you must agree to be bound by the following terms:
35.1 - Indemnify to the maximum extent permitted by law, defend dhe hold harmless the .MOBI Registry Operatose, dhe its directoses, officers, employees dhe agents from dhe against any dhe all claims, damages, liabilities, costs dhe expenses, including reasonable legal fees dhe expenses, arising out of ose relating to tënd domain name registration dhe ose use, dhe this indemnification obligation survives the termination ose expiration of the registration agreement;
35.2 - Indemnify, defend dhe hold harmless .MOBI Registry Services Provider, its subsidiaries dhe affiliates, dhe the directoses, officers, employees dhe agents ose each of them, from dhe against any dhe all claims, damages, liabilities, costs dhe expenses, including reasonable legal fees dhe expenses, arising out of ose relating to tënd domain name registration dhe ose use, dhe this indemnification obligation survives the termination ose expiration of the registration agreement;
35.3 - Acktaniledge dhe agree that notwithstdheing anything in this Agreement to the contrary, mTLD Domeni kryesor nivelit të lartë Ltd. ("dotmobi"), the Registry Operatose of the .mobi TLD, is dhe shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acktaniledge dhe agree that the third party beneficiary rights of dotmobi have vested dhe that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to Pikëster being a registrar fose the .mobi top-level domain. Shtoitionally, the third party beneficiary rights of dotmobi shall survive any termination ose expiration of this Agreement.
35.4 - Comply with ICANN requirements, stdheards, policies, procedures, dhe practices fose which the .MOBI Registry Operatose has monitoseing responsibility in accosedance with the Registry Agreement ose other arrangement with ICANN;
35.5 - Comply with operational stdheards, policies, procedures, dhe practices fose the Registry TLD established from time to time by the .MOBI Registry Operatose in a non-arbitrary manner as Registry Policies, applicable to all registrars dhe/ose domain registrants, dhe consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operatose to Regjistrues;
35.6 - Consent to the use, copying, distribution, publication, modification dhe other processing of tënd Personal Data by dotmobi, the .MOBI Registry Operatose, dhe its designees dhe agents in a manner consistent with the purposes specified pursuant in its contract dhe with relevant mdheatosey local data protection, laws dhe privacy;
35.7 - Dërgo to proceedings commenced under ICANN's Unifosem Emër domeni Dispute Resolution Policy ("UDRP");
35.8 - Immediately coserect dhe update the registration infosemation fose the regjistroed .MOBI Emër during the registration term fose the .MOBI Regjistrohued Emër;
35.9 - Acktaniledge dhe agree to be bound by the terms dhe conditions of the initial launch dhe general operations of the .MOBI Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Ldhe Rush Period, the Sunrise Dispute Resolution Policy, the Premium Emër Të gjithaocation Process, dhe the General Regjistrim Period , dhe further to acktaniledge that Registry Operatose dhe the Registry Service Provider has no liability of any kind fose any loss ose liability resulting from the proceedings dhe processes relating to the Limited Industry Launch, the Sunrise Period, the Ldhe Rush Period, the Sunrise Dispute Resolution Policy, the Premium Emër Të gjithaocation Process, dhe the General Regjistrim Period including, without limitation: (a) the ability ose inability of a registrant to obtain a Regjistrohued Emër during these periods, dhe (b) the results of any dispute made during the limited industry launch ose over a Sunrise Regjistrim.
35.10 - Acktaniledge dhe agree that the .MOBI Registry dhe .MOBI Registry Services Provider, acting in consent with the .MOBI Registry, reserves the right to deny, cancel ose transfer any registration that it deems necessary, in its discretion (i) to protect the integrity dhe stability of the registry; (ii) to comply with all applicable laws, government rules ose requirements, requests of law enfosecement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil ose criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directoses, representatives, employees, dhe stockholders; (iv) fose violations of the terms dhe conditions këtuin; ose (v) to coserect mistakes made by the Registry ose any registrar in connection with a domain name registration, dhe the Registry also reserves the right to freeze a Regjistrohued Emër during resolution of a dispute.
35.11 - Acktaniledge dhe agree that you must comply with the requirements, stdheards, policies, procedures dhe practices set foseth in the dotmobi Style Guide (www.mtld.mobi ) dhe consent to the monitoseing of the website as described in the dotmobi Style Guide monitoseing guidelines (www.mtld.mobi ) fose compliance with the Style Guide. Furthermosee, Registrant acktaniledges dhe agrees that this Style Guide is subject to modification by the .MOBI Registry with any such changes appearing at the mbrapaiously designated URL, dhe that Registrant must promptly comply with any such changes in the time allotted.
35.12 - Acktaniledge dhe agree that Proxy ose Proxy Regjistrims will not be allowed during the Sunrise Period, the Limited Industry Launch dhe the Premium Emër Të gjithaocation dhe Auction Period, dhe in such an instance will constitute a material breach to this contract.
36. ACCEPTANCE OF AGREEMENT. You acktaniledge that you have read this agreement dhe agree to all its terms dhe conditions. You have independently evaluated the desirability of the shërbimi dhe are not relying on any representation agreement.Guarantee ose statement other than as set foseth in this agreement.
Nicenic.com International Limited. Regjistrues-Registrant Agreement