Kayıt Kuruluşu-Registrant Agreement
1.DEFINITIONS. In this Service Agreement (“Agreement”), “you” ve “sizin” refer to each customer (“Customer”) ve “we”, “us” ve “our” refer to Nicenic.com, Inc. (“Nicenic.com, Inc.”). This Agreement explains our obligations to you, ve sizin obligations to us in relation to sizin use of our hizmets. By selecting Nicenic.com, Inc. hizmet(s) you have agreed to establish an account with us fveya such hizmets. When you use sizin account veya permit someone else to use sizin account to satın al veya otherwise acquire access to additional Nicenic.com, Inc.'s hizmet(s) veya to modify veya cancel sizin Nicenic.com, Inc.’s hizmet(s) (even if we were not notified of such authveyaization), this Agreement covers any such hizmet veya actions.
2.SELECTION OF A DOMAIN NAME. You represent that, to the best of sizin kşimdiledge ve belief, neither the registration of the SLD name nveya the manner in which it is directly veya indirectly used infringes the legal rights of a third party ve that the Alan Adı is not being kayıt oled fveya any unlawful purpose.
3. FEES, PAYMENT AND TERM OF SERVICE. As consideration fveya the hizmets you have selected, you agree to pay Nicenic.com, Inc. the applicable hizmet(s) fees set fveyath on our web site at the time of sizin selection. Tümü fees are due immediately ve are non-refundable. Nicenic.com, Inc. may take all remedies available to collect fees owed. Any renewal of sizin hizmets with us is subject to our then current terms ve conditions ve payment of all applicable hizmet fees at the time of renewal ve 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 sizin domain name registration to another domain name registrar during the first sixty (60) days from the effective date of sizin initial domain name registration with us.
4.TERM. You agree that the Kayıt Agreement will remain in full fveyace during the length of the term of sizin Alan Adı Kaydı. Should you choose to renew veya otherwise lengthen the term of sizin Alan Adı Kaydı, then the term of this Kayıt Agreement will be extended accveyadingly. This Agreement will remain in full fveyace during the length of the term of sizin Alan Adı Kaydı as selected, recveyaded, ve paid fveya upon registration of the Alan Adı. Should you choose to renew veya otherwise lengthen the term of sizin Alan Adı Kaydı, then the term of this Kayıt Agreement will be extended accveyadingly. Should you transfer sizin domain name veya should the domain name otherwise be transferred due to another Kayıt Kuruluşu, the terms ve conditions of this contract shall cease ve shall be replaced by the contractual terms in fveyace fveya the purpose of kayıt oling domain names then in fveyace between SLD holders ve the new Kayıt Kuruluşu.
5. ACCURATE INFVEYAMATION. As further consideration fveya the Nicenic.com, Inc. hizmet(s), you agree to: (1) provide certain current, complete ve accurate infveyamation about you as required by the application process; ve (2) maintain ve update this infveyamation as needed to keep it current, complete ve accurate. We rely on this infveyamation to send you impveyatant infveyamation ve notices regarding sizin account ve our hizmets. Bizim privacy statement, located on our web site at http://www.iisp.hk ve incveyapveyaated burayain by reference sets fveyath sizin ve our rights ve responsibilities with regard to sizin personal infveyamation. 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 befveyae it becomes effective. You agree that, by using our hizmets after modifications to the privacy statement become effective, you have agreed to these modifications. You ackşimdiledge 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 sizin Agreement with us. We will not process the personal date that we collect from you in a way incompatible with the purposes ve other limitations described in our privacy statement ve we will take reasonable precautions to protect sizin personal date from loss, misuse ve unauthveyaized access, disclosure, alteration veya destruction. You represent ve warrant that you have provided notice to, ve obtained consent from, any third party individuals whose personal data you supply to us as part of our hizmets with regard to: (i) the purposes fveya which such third party’s personal data has been collected, (ii) the intended recipients veya categveyaies of recipients of the third party’s personal data, (iii) which parts of the third party’s data are obligatveyay ve which parts, if any, are voluntary: ve (iv) how the third party can access ve, if necessary, rectify the data held about them. You further agree to provide such notice ve obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible fveya any consequences resulting from sizin failure to provide notice veya receive consent from such individuals nveya fveya sizin providing outdated, incomplete veya inaccurate infveyamation. Even if you intend to license the use of our domain name registration hizmets to a third party, you will remain our customer ve you are responsible fveya complying with all terms ve conditions of this Agreement. Subject to the requirements of our privacy statement, in veyader fveya us to comply with our legal ve contractual obligations, you burayaby grant to Nicenic.com, Inc. the right to disclose to third parties through an interactive publicly accessible registration database the following mveatveyay infveyamation that you are required to provide when kayıt oling veya reserving a domain name: (i) the domain name(s) kayıt oled by you; (ii) sizin name ve postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number ve wburaya available the fax number(s) of the technical ve administrative contacts fveya sizin domain name(s); (iv) the Internet protocol numbers of the primary nameserver ve the secondary nameserver(s) fveya such name(s); (v) the cveyaresponding names of those nameservers; (vi) the veyaiginal creation date of the registration; ve (vii) the expiration date of the registration. We, as are all accredited domain name registrars, are also required the government to make this infveyamation available in bulk fveyam to third parties who agree not to use it to (a) allow, enable veya otherwise suppveyat the transmission of mass unsolicited, commercial advertising veya solicitations via e-mail (spam) veya (b) enable high volume, automated, electronic processes that apply to our systems to kayıt ol 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 ve conditions of this Agreement; ve/veya (2) change part of the hizmets provided under this Agreement at any time. Any such revision veya change will be binding ve effective immediately upon posting of the revised Agreement veya change to the hizmet(s) on Nicenic.com, Inc.’s web sites, veya upon notification to you by e-mail veya 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. Eğer 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 veya P.R.C. mail addressed as follows, Şu tarihtetention: Kayıt Kuruluşu Business Affairs, Nicenic.com, Inc. 6B, Xihai Building, Hayır.221 Remin E Road, Zhuhai City, Guangdong Province,China ,519000. Hayırtice of sizin termination will be effective on receipt ve processing by us. Any fees paid by you if you terminate sizin Agreement with us are non-refundable, but you will not incur ve additional fees. By continuing to use Nicenic.com, Inc.’s hizmets after any revision to this Agreement veya change in hizmet(s), you agree to abide by ve be bound by any such revisions veya changes. We are not bound by nveya should you rely on any representation by (i) any agent, representative veya employee of any third party that you may use to apply fveya our hizmets: veya in (ii) infveyamation posted on our web site of a general infveyamational nature. Hayır employee, contractveya, agent veya representative of Nicenic.com, Inc. is authveyaized to alter veya amend the terms ve conditions of this Agreement.
7. MODIFICATIONS TO YOUR ACCOUNT. In veyader to change any of sizin account infveyamation with us, you must use the Account Number ve the Şifre that you selected if you opened sizin account with us through our online application process, veya the security authentication option that you selected if you opened sizin account with us through our e-mail application process. Please safeguard sizin Account Number ve Şifre veya security authentication option from any unauthveyaized use. In no event will we be liable fveya the unauthveyaized use veya misuse of sizin Account Number veya Şifre veya security authentication option.
8. DOMAIN NAME DISPUTE POLICY. Eğer you reserve veya kayıt ol a domain name through us, you agree to be bound by our current domain name dispute policy that is incveyapveyaated burayain ve 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 sizinself 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 befveyae it becomes effective. You agree by maintaining the reservation veya registration of sizin domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You ackşimdiledge 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 sizin Agreement with us.
10. DOMAIN NAME DISPUTES. You agree that, if sizin use of our domain name registration hizmets 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 ve hold us harmless pursuant to the terms ve conditions set fveyath below in this Agreement. Eğer we are notified that a complaint has been filed with a judicial veya administrative body regarding sizin use of our domain name registration hizmets, you agree not to make any changes to sizin domain name recveyad without our priveya approval. We may not allow you to make changes to such domain name recveyad until (i) we are directed to do so by the judicial veya administrative body, veya (ii) we receive notification by you ve the other party contesting sizin registration ve use of our domain name registration hizmets that the dispute has been settled. Furthermveyae, you agree that if you are subject to litigation regarding sizin registration ve use of our domain name registration hizmets, we may deposit control of sizin domain name recveyad into the registry of the judicial body by supplying a party with a registrar certificate from us.
11. Ekleitional Registry Requirements
The following provisions apply to any domain names that you kayıt ol 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, ve other processing of sizin Personal Data by Afilias, the .INFO Registry Operatveya, ve its designees ve agents in a manner consistent with the purposes specified pursuant in its contract.
(2). You agree to submit to proceedings under ICANN's Unifveyam Alan Adı Dispute Policy (UDRP) ve comply with the requirements set fveyath by Afilias fveya domain names kayıt oled during the Sunrise Period, including the mveatveyay Sunrise Dispute Resolution Policy. These policies are subject to modification by Afilias in its discretion.
(3). You agree to immediately cveyarect ve update the registration infveyamation fveya the .INFO kayıt oled domain name during registration term fveya such domain name; failure to cveyarect this infveyamation shall constitute a breach of this Agreement.
(4)
. You ackşimdiledge that Afilias, the registry operatveya fveya .INFO, will have no liability of any kind fveya any loss veya liability resulting from the proceedings ve processes relating to the Sunrise Period veya the Lve Rush Period, including, without limitation: (a) the ability veya inability of a registrant to obtain a given domain name during these periods, ve (b) the results of any dispute over a Sunrise Kayıt.
(5). İçindaynic, Inc. ve Afilias, the registry operatveya fveya .INFO, expressly reserve the right to deny, cancel veya transfer any registration that either shall deem necessary, in its discretion, to protect the integrity ve stability of the .INFO registry, to comply with any applicable laws, government rules veya requirements, requests of law enfveyacement, in compliance with any dispute resolution process, veya to avoid any liability, civil veya criminal, on the part of İçindaynic, Inc. ve/veya Afilias as well as their affiliates, subsidiaries, officers, directveyas ve employees.
Nicenic.com, Inc. ve 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. Kayıts in the .biz TLD must be used veya intended to be used primarily fveya bona fide business veya commercial purposes. Fveya purposes of the .biz Kayıt Restrictions ("Restrictions"), "bona fide business veya commercial use" shall mean the bona fide use veya bona fide intent to use the domain name veya any content, software, materials, graphics veya other infveyamation tburayaon, to permit Internet users to access one veya mveyae host computers through the DNS:
İçin exchange goods, hizmets, veya property of any kind;
In the veyadinary course of trade veya business; veya
İçin facilitate
(i) the exchange of goods, hizmets, infveyamation, veya property of any kind; veya, (ii) the veyadinary course of trade veya business. Kayıt Oling a domain name solely fveya the purposes of (1) selling, trading veya leasing the domain name fveya compensation, veya (2) the unsolicited offering to sell, trade veya lease the domain name fveya compensation shall not constitute a "bona fide business veya commercial use" of that domain name.
(2). BIZ CERTIFICATION. As a .biz domain name registrant, you burayaby certify to the best of sizin kşimdiledge that:
The kayıt oled domain name will be used primarily fveya bona fide business veya commercial purposes ve not (i) exclusively fveya personal use; veya (ii) solely fveya the purposes of (1) selling, trading veya leasing the domain name fveya compensation, veya (2) the unsolicited offering to sell, trade veya lease the domain name fveya compensation. Fveya mveyae infveyamation on the .biz restrictions, which are incveyapveyaated burayain by reference, please see: http://www.iisp.hk
(b) You have the authveyaity to enter into this Agreement; ve
(c) The kayıt oled domain name is reasonably related to the sizin business veya intended commercial purpose at the time of registration.
(3). PROVISION OF REGISTRATION DATA.
(
3.1). Provision of Kayıt Data. As part of the registration process, you are required to provide us with certain infveyamation ve to update this infveyamation to keep it current, complete ve accurate. This infveyamation includes (i) sizin full name, postal address, e-mail address, voice telephone number, ve fax number if available; (ii) the name of an authveyaized person fveya contact purposes in the case of a registrant that is an veyaganization, association, veya cveyapveyaation; (iii) the IP addresses of the primary nameserver ve any secondary nameserver(s) fveya the domain name; (iv) the cveyaresponding names of those nameservers; (v) the full name, postal address, email address, voice telephone number, ve fax number if available of the technical contact fveya the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, ve fax number if available of the administrative contact fveya the domain name; (vii) the name, postal address, e-mail address, voice telephone number, ve fax number if available of the billing contact fveya the domain name; ve (viii) any remark concerning the kayıt oled domain name that should appear in the Whois directveyay. You agree ve understve that the fveyaegoing registration data will be publicly available ve accessible on the Whois directveyay as required by ICANN/Registry Policy ve may be sold in bulk in accveyadance with the ICANN Agreement.
(3.2) Inaccurate veya Unreliable Data. You burayaby represent ve warrant that the data provided in the domain name registration application is true, cveyarect, up to date ve complete ve that you will continue to keep all the infveyamation provided up to date. Your willful provision of inaccurate veya unreliable infveyamation, sizin willful failure promptly to update infveyamation provided to us, veya any failure to respond fveya over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing veya technical contact then appearing in the Whois directveyay with respect to an domain name concerning the accuracy of iletişim bilgileri associated with any registration(s) veya the registration of any domain name(s) kayıt oled by veya through you veya sizin account, shall constitute a breach of this Agreement. Any infveyamation collected by us concerning an identified veya identifiable natural person ("Personal Data") will be used in connection with the registration of sizin domain name(s) ve fveya the purposes of this Agreement ve as required veya permitted by the ICANN Agreement veya any ICANN/Registry Policy.
(4). DOMAIN NAME DISPUTE POLICY. Eğer you reserve veya kayıt ol a .biz domain name through us, you agree to be bound by our current domain name dispute policy that is incveyapveyaated burayain ve made a part of this Agreement by reference. Please take the time to familiarize sizinself with that policy. In addition, you burayaby ackşimdiledge that you have read ve understood ve agree to be bound by the terms ve conditions of the following documents, as they may be amended from time to time, which are burayaby incveyapveyaated ve made an integral part of this Sözleşme:
The Unifveyam Alan Adı 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; ve
The Restrictions Dispute Resolution Criteria ve Rules, available at http://www.iisp.hk.
The STOP sets fveyath the terms ve conditions in connection with a dispute between a registrant of a domain name ("Registrant") with any third party (other than Registry Operatveya veya Kayıt Kuruluşu) over the registration veya use of a domain name kayıt oled by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a hizmet introduced by Registry Operatveya to notify a trademark veya hizmet mark holder ("Claimant") that a second-level domain name has been kayıt oled in which that Claimant claims intellectual property rights. In accveyadance with the STOP ve its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets fveyath the terms ve conditions in connection with a dispute between a Registrant ve any party other than the Registry Operatveya veya Kayıt Kuruluşu over the registration ve use of an Internet domain name kayıt oled by Registrant. The RDRP sets fveyath the terms under which any allegation that a domain name is not used primarily fveya business veya commercial purposes shall be enfveyaced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. Yok of the violations of the Restrictions will be enfveyaced directly by veya through Registry Operatveya. Registry Operatveya will not review, monitveya, veya otherwise verify that any particular domain name is being used primarily fveya business veya commercial purposes veya that a domain name is being used in compliance with the SUDRP veya 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 befveyae it becomes effective. You agree that, by maintaining the reservation veya registration of sizin domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You ackşimdiledge 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 sizin Agreement with us.
(6). DOMAIN NAME DISPUTES. You agree that, if sizin use of our domain name registration hizmets 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 ve hold us harmless pursuant to the terms ve conditions set fveyath below in this Agreement. Eğer we are notified that a complaint has been filed with a judicial veya administrative body regarding sizin use of our domain name registration hizmets, you agree not to make any changes to sizin domain name recveyad without our priveya approval. We may not allow you to make changes to such domain name recveyad until (i) we are directed to do so by the judicial veya administrative body, veya (ii) we receive notification by you ve the other party contesting sizin registration ve use of our domain name registration hizmets that the dispute has been settled. Furthermveyae, you agree that if you are subject to litigation regarding sizin registration ve use of our domain name registration hizmets, we may deposit control of sizin domain name recveyad into the registry of the judicial body by supplying a party with a registrar certificate from us.
12. ICANN POLICY. You agree that sizin registration of the SLD name shall be subject to suspension, cancellation, veya transfer pursuant to any ICANN-adopted policy, veya pursuant to any registrar veya registry procedure not inconsistent with an ICANN-adopted policy, (1) to cveyarect mistakes by Kayıt Kuruluşu veya the Registry in kayıt oling the name veya (2) fveya the resolution of disputes concerning the SLD name.
13. AGENTS. You agree that, if sizin agent (e.g., an Internet Service Provider, employee, etc.) satın ald our hizmet(s) on sizin behalf, you are nonetheless bound as a principal by all terms ve conditions burayain, including the dispute policy. Your continued use of our hizmets shall ratify any unauthveyaized actions of sizin agent. By acting on sizin behalf, sizin agent certifies that he veya she is authveyaized to apply fveya our hizmets on sizin behalf, that he veya she is authveyaized to bind you to the terms ve conditions of this Agreement ve that he veya she has apprised you of the terms ve conditions of this Agreement. In addition, you are responsible fveya any errveya made by sizin agent. We will not refund fees paid by you veya sizin agent on sizin behalf fveya any reason, including, but not limited to, in the event that sizin agent fails to comply with the terms ve conditions of this Agreement, sizin agent incveyarectly provides infveyamation in the application process veya if sizin agent changes veya otherwise modifies sizin domain name recveyad incveyarectly.
14. NOTICES AND ANNOUNCEMENTS. You authveyaize us to notify you as our customer of infveyamation that we deem is of potential interest to you. Hayırtices ve announcements may include commercial e-mails ve other notices describing changes, upgrades, new products ve hizmets veya other infveyamation pertaining to Internet security veya to enhance sizin identity on the Internet ve/veya other relevant matters.
15. LIMITATION OF LIABILITY. You agree that our entire liability, ve sizin exclusive remedy, with respect to any Nicenic.com, Inc.’s hizmet(s) provided under this Agreement ve/veya fveya any breach of this Agreement is solely limited to the amount you paid fveya such hizmet(s). Nicenic.com, Inc. ve its contractveyas shall not be liable fveya any direct, indirect, incidental, special veya consequential damages resulting from the use veya inability to use any of the Nicenic.com, Inc. ’s hizmets veya fveya the cost of procurement of substitute hizmets. Because some states do not allow the exclusion veya limitation of liability fveya consequential veya incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any ve all loss veya liability resulting from, but not limited to: (1) loss veya liability resulting from access delays veya access interruptions; (2) loss veya liability resulting from data non-delivery veya date mis-delivery; (3) loss veya liability resulting from the unauthveyaized use veya misuse of sizin Account Number, Şifre veya security authentication option; (4) loss veya liability resulting from errveyas, omissions, veya misstatements in any ve all infveyamation veya hizmets(s) provided under this Agreement; (5) loss veya liability relating to the deletion of veya failure to stveyae e-mail messages; (6) loss veya liability resulting from the development veya interruption of sizin web site; (7) loss veya liability from sizin inability to use our China mail hizmet; (8) loss veya liability that you may incur in connection with our processing of sizin application fveya our hizmets, our processing of any authveyaized modification to sizin domain name recveyad veya sizin agents failure to pay any fees, including the initial registration fee veya re-registration fee; veya (9) loss veya liability as a result of the application of our dispute policy.
16. INDEMNITY.
You agree to defend, indemnify ve hold harmless Nicenic.com, Inc., its affiliates ve business partners, ve any applicable domain name registry, including without limitation VeriSign, Inc., Afilias Limited, NeuSeviye, Inc., Glaobal Ad Registry ve Public Interest Registry, ve their respective subsidiaries ve affiliates, ve the directveyas, officers, employees ve agents of each of them, from ve against any ve all claims, actions, losses, damages, expenses ve costs, including reasonable attveyaneys' fees ve expenses, arising out of veya relating to (i) sizin domain name registration, (ii) any breach by you of this Agreement, including the Dispute Policy, veya (iii) any third party claim, action, veya demve related to sizin domain name veya the use tburayaof.
17. TRANSFER OF OWNERSHIP. The person named as administrative contact at the time the controlling user name ve passwveyad are secured shall be the owner of the domain name. You agree that priveya to transferring ownership of sizin domain name to another person (the Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms ve conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances veya 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. Eğer the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms ve conditions in this Agreement, any such transfer will be null ve void.
18. BREACH. You agree that sizin failure to abide by any provision of the Agreement, any Nicenic.com, Inc. operating rule veya policy, the dispute policy veya sizin willful provision of inaccurate veya unreliable infveyamation as part of the application process, veya sizin failure to update sizin infveyamation to keep it current, complete veya accurate, veya sizin failure to respond fveya over fifteen (15) calendar days to inquiries from us concerning the accuracy of the iletişim bilgileri associated with sizin domain name registration may be considered by us to be a material breach ve that we may provide a written notice, describing the breach, to you. Eğer within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactveyay to us, that you have not breached sizin obligations under the Agreement, then we may delete the registration veya reservation of sizin domain name ve/veya terminate the other Nicenic.com, Inc. hizmet(s) you are using without further notice. We will not refund any fees paid by you if we terminate sizin Agreement due to sizin breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, veya any other breach, by you.
19. NO GUARANTY. You agree that, by registration of sizin chosen domain name, such registration does not confer immunity from objection to either the registration veya use of sizin domain name.
20. REPRESENTATIONS AND WARRANTIES. You agree ve warrant that: (i) the infveyamation that you veya sizin agent on sizin behalf provide to us during the application process to kayıt ol sizin domain name veya to apply fveya other Nicenic.com, Inc. ’s hizmet(s) is, to the best of sizin kşimdiledge ve belief, accurate ve complete, ve that any future changes to this infveyamation will be provided to us in a timely manner accveyading to the modification procedures in place at that time, (ii) to the best of sizin kşimdiledge ve belief neither the registration of sizin domain name nveya the manner in which you intend to use such domain name will directly veya indirectly infringe the legal rights of a third party, (iii) you have all requisite power ve authveyaity to execute this Agreement ve to perfveyam sizin obligations burayaunder, (iv) you have selected the necessary security option(s) fveya sizin domain name registration recveyad, ve (v) you are of legal age to enter into this Agreement. You agree that sizin use of our hizmet(s) is solely at sizin own risk. You agree that all of our hizmets are provided on an “as is” ve “as available” basis.
21. DISCLAIMER OF WARRANTIES. We expressly disclaim all warranties of any kind, whether expressveya implted . Including but not limited to the implied warranties of merchantability,fitness fveya a particular purpose ve non-infringement. We make no warranty that our hizmet(s) will be uninterrupted, timely, secure, veya errveya free: nveya do we make any warranty as to the results that by may be obtained from the use of the hizmet(s). you understve ve agree that any material ve/veya date downloaded veya otherwise obtained through the use of our china mail hizmet is done at sizin own discretion ve risk ve that you will be solely responsible fveya any damage to sizin computer system veya loss of data that results from the download of such material ve/veya data. we make no warranty regarding any goods veya hizmets satın ald veya obtained through any of our hizmets veya any transactions entered into through such hizmets. Hayır advice veya infveyamation, whether veyaal veya written, obtained by you from us veya through our china mail hizmet shall create any waranty not expressly made burayain. to the extent juridictions do not allow the exclusion of certain warranites, some of the above exclusions may not apply to you
22. INFVEYAMATION. As part of the registration process, you are required to provide us certain infveyamation ve to update us promptly as such infveyamation changes such that our recveyads are current, complete ve accurate. You are obliged to provide us the following infveyamation:
i) Your name ve postal address (veya, if different, that of the domain name holder);
ii) The domain name being kayıt oled
iii) The name, postal address, e-mail address, ve voice ve fax (if available) telephone numbers of the administrative contact fveya the domain name.
iv) The name, postal address, e-mail address, ve voice ve fax (if available) telephone numbers of the billing contact fveya the domain name.
23. DISCLİşletim SistemiURE AND USE OF REGISTRATION INFVEYAMATION. You agree ve ackşimdiledge that we will make domain name registration infveyamation you provide available to ICANN, to the registry administratveyas, ve to other third parties as ICANN ve applicable laws may require veya permit. You further agree ve ackşimdiledge that we may make publicly available, veya directly available to third party vendveyas, some, veya all, of the domain name registration infveyamation you provide, fveya purposes of inspection (such as through our WHOIS hizmet) veya other purposes as required veya permitted by ICANN ve the applicable laws.
You burayaby consent to any ve all such disclosures ve use of, ve guidelines, limits ve restrictions on disclosure veya use of, infveyamation provided by you in connection with the registration of a domain name (including any updates to such infveyamation), whether during veya after the term of sizin registration of the domain name. You burayaby irrevocably waive any ve all claims ve causes of action you may have arising from such disclosure veya use of sizin domain name registration infveyamation by us.
You may access sizin domain name registration infveyamation in our possession to review, modify veya update such infveyamation, by accessing our domain manager hizmet, veya similar hizmet, made available by us.
We will not process data about any identified veya identifiable natural person that we obtain from you in a way incompatible with the purposes ve other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the infveyamation we obtain from you from our loss, misuse, unauthveyaized access veya disclosure, alteration veya destruction of that infveyamation.
24. REVOCATION. You agree that we may terminate sizin contractual right to use our hizmet(s) if the infveyamation that you are obligated to provide to kayıt ol sizin domain name veya kayıt ol fveya other Nicenic.com, Inc. hizmet(s), veya that you subsequently modify, contains false veya misleading infveyamation, veya conceals veya omits any infveyamation we would likely consider material to our decision to kayıt ol sizin domain name veya to continue to provide you domain name registration hizmets. Furthermveyae, you agree that we may suspend, cancel veya transfer sizin domain name registration hizmets in veyader to: (i) cveyarect mistakes made by us veya the registry in kayıt oling sizin chosen domain name, veya (ii) to resolve a dispute under our dispute policy. We will not refund any fees paid by you if we terminate sizin hizmets.
25. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to kayıt ol sizin chosen domain name veya kayıt ol you fveya other Nicenic.com, Inc. hizmet(s), veya to delete sizin domain name within the first thirty (30) calendar days from receipt of sizin payment fveya such hizmets. In the event we do not kayıt ol sizin domain name veya kayıt ol you fveya other Nicenic.com, Inc. hizmet(s), veya we delete sizin domain name veya other Nicenic.com, Inc. hizmet(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 fveya loss veya damages that may result from our refusal to kayıt ol, the deletion sizin domain name veya refusal to kayıt ol you fveya other Nicenic.com, Inc. hizmet(s).
26. SEVERABILITY. You agree that the terms of this Agreement are severable. Eğer any term veya provision is declared invalid veya unenfveyaceable, that term veya provision will be construed consistent with applicable law as nearly as possible to reflect the veyaiginal intentions of the parties, ve the remaining terms ve provisions will remain in full fveyace ve effect.
27. NON-AGENCY. Hayırthing contained in this Agreement veya the Dispute Policy shall be construed as creating any agency, partnership, veya other fveyam of joint enterprise between the parties.
28. NON-WAIVER. Bizim failure to require perfveyamance by you of any provision burayaof shall not affect the full right to require such perfveyamance at any time tburayaafter; nveya shall the waiver by us of a breach of any provision burayaof be taken veya held to be a waiver of the provision itself.
29.
NOTICES. Any notice, direction veya other communication given under this Agreement shall be in writing ve given by sending it via e-mail veya 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 domain@şimdi.net.cn veya, in the case of notice to you, at the e-mail address provided by you in sizin WHOIS recveyad. Any e-mail communication shall be deemed to have been validly ve effectively given on the date of such communication, if such date is a business day ve such delivery was made priveya to 9:00 UTC, otherwise it will be deemed to have been delivered on the sonraki business day. In the case of regular mail notice, valid notice shall be deemed to have been validly ve effectively given 5 business days after the date of mailing ve, in the case of notification to us shall be sent to:
Nicenic.com, Inc.
6B XIHAI Building,Hayır.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 ve policies published by us, the dispute policy ve the privacy statement are the complete ve exclusive agreement between you ve us regarding our hizmets. This Agreement, our rules ve policies, the dispute policy ve the privacy statement supersede all priveya agreements ve understveings, whether established by custom, practice, policy veya precedent.
32. TRANSFER AND ASSIGNMENT. You may transfer sizin domain name registration to a third party of sizin choice, subject to the procedures ve conditions found at: http://www.iisp.hk (This policy will be updated in this Hayırvermber), incveyapveyaated burayain by reference. Your rights under this Agreement are not assignable ve any attempt by sizin creditveyas to obtain an interest in sizin rights under this Agreement, whether by attachment, levy, garnishment veya otherwise, render this Agreement voidable at our option.
33. GOVERNING LAW. You agree that this Agreement ve any disputes burayaunder shall be governed in all respects by ve construed in accveyadance with the laws of the China İnternet Alan Adı Ad Regulations, Procedural Rules fveya Alan Adı Dispute Resolution of Alan Adı Dispute Resolution Center of China International Economic ve Trade Arbitration Commission, Detayed Implementation Rules fveya Kayıt of Alan Adları in China, Chinese Alan Adları Dispute Resolution Policy, Provisional Administrative Rules fveya Kayıt of Alan Adları in China, Internet Keywveyad Kayıt Measure.
34. AGREEMENT TO BE BOUND. By applying fveya Nicenic.com, Inc. Service(s) through our online application process veya by applying fveya ve kayıt oling a domain name as part of our e-mail template application process veya by using the hizmet(s) provided by Nicenic.com, Inc. under this Agreement, you ackşimdiledge that you have read ve agree to be bound by all terms ve conditions of this Agreement ve any pertinent rules veya policies that are veya may be published by Nicenic.com, Inc. Kayıt.
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 ve hold harmless the .MOBI Registry Operatveya, ve its directveyas, officers, employees ve agents from ve against any ve all claims, damages, liabilities, costs ve expenses, including reasonable legal fees ve expenses, arising out of veya relating to sizin domain name registration ve veya use, ve this indemnification obligation survives the termination veya expiration of the registration agreement;
35.2 - Indemnify, defend ve hold harmless .MOBI Registry Services Provider, its subsidiaries ve affiliates, ve the directveyas, officers, employees ve agents veya each of them, from ve against any ve all claims, damages, liabilities, costs ve expenses, including reasonable legal fees ve expenses, arising out of veya relating to sizin domain name registration ve veya use, ve this indemnification obligation survives the termination veya expiration of the registration agreement;
35.3 - Ackşimdiledge ve agree that notwithstveing anything in this Agreement to the contrary, mTLD Üst Düzey Alan Adı Ltd. ("dotmobi"), the Registry Operatveya of the .mobi TLD, is ve shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement ackşimdiledge ve agree that the third party beneficiary rights of dotmobi have vested ve that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to Noktaster being a registrar fveya the .mobi top-level domain. Ekleitionally, the third party beneficiary rights of dotmobi shall survive any termination veya expiration of this Agreement.
35.4 - Comply with ICANN requirements, stveards, policies, procedures, ve practices fveya which the .MOBI Registry Operatveya has monitveyaing responsibility in accveyadance with the Registry Agreement veya other arrangement with ICANN;
35.5 - Comply with operational stveards, policies, procedures, ve practices fveya the Registry TLD established from time to time by the .MOBI Registry Operatveya in a non-arbitrary manner as Registry Policies, applicable to all registrars ve/veya domain registrants, ve consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operatveya to Kayıt Kuruluşu;
35.6 - Consent to the use, copying, distribution, publication, modification ve other processing of sizin Personal Data by dotmobi, the .MOBI Registry Operatveya, ve its designees ve agents in a manner consistent with the purposes specified pursuant in its contract ve with relevant mveatveyay local data protection, laws ve privacy;
35.7 - Gönder to proceedings commenced under ICANN's Unifveyam Alan Adı Dispute Resolution Policy ("UDRP");
35.8 - Immediately cveyarect ve update the registration infveyamation fveya the kayıt oled .MOBI Ad during the registration term fveya the .MOBI Kayıt Oled Ad;
35.9 - Ackşimdiledge ve agree to be bound by the terms ve conditions of the initial launch ve general operations of the .MOBI Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Lve Rush Period, the Sunrise Dispute Resolution Policy, the Premium Ad Tümüocation Process, ve the General Kayıt Period , ve further to ackşimdiledge that Registry Operatveya ve the Registry Service Provider has no liability of any kind fveya any loss veya liability resulting from the proceedings ve processes relating to the Limited Industry Launch, the Sunrise Period, the Lve Rush Period, the Sunrise Dispute Resolution Policy, the Premium Ad Tümüocation Process, ve the General Kayıt Period including, without limitation: (a) the ability veya inability of a registrant to obtain a Kayıt Oled Ad during these periods, ve (b) the results of any dispute made during the limited industry launch veya over a Sunrise Kayıt.
35.10 - Ackşimdiledge ve agree that the .MOBI Registry ve .MOBI Registry Services Provider, acting in consent with the .MOBI Registry, reserves the right to deny, cancel veya transfer any registration that it deems necessary, in its discretion (i) to protect the integrity ve stability of the registry; (ii) to comply with all applicable laws, government rules veya requirements, requests of law enfveyacement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil veya criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directveyas, representatives, employees, ve stockholders; (iv) fveya violations of the terms ve conditions burayain; veya (v) to cveyarect mistakes made by the Registry veya any registrar in connection with a domain name registration, ve the Registry also reserves the right to freeze a Kayıt Oled Ad during resolution of a dispute.
35.11 - Ackşimdiledge ve agree that you must comply with the requirements, stveards, policies, procedures ve practices set fveyath in the dotmobi Style Guide (www.mtld.mobi ) ve consent to the monitveyaing of the website as described in the dotmobi Style Guide monitveyaing guidelines (www.mtld.mobi ) fveya compliance with the Style Guide. Furthermveyae, Registrant ackşimdiledges ve agrees that this Style Guide is subject to modification by the .MOBI Registry with any such changes appearing at the öncekiiously designated URL, ve that Registrant must promptly comply with any such changes in the time allotted.
35.12 - Ackşimdiledge ve agree that Proxy veya Proxy Kayıts will not be allowed during the Sunrise Period, the Limited Industry Launch ve the Premium Ad Tümüocation ve Auction Period, ve in such an instance will constitute a material breach to this contract.
36. ACCEPTANCE OF AGREEMENT. You ackşimdiledge that you have read this agreement ve agree to all its terms ve conditions. You have independently evaluated the desirability of the hizmet ve are not relying on any representation agreement.Guarantee veya statement other than as set fveyath in this agreement.
Nicenic.com International Limited. Kayıt Kuruluşu-Registrant Agreement