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