Ro‘yxatga oluvchi-Registrant Agreement
1.DEFINITIONS. In this Service Agreement (“Agreement”), “you” va “sizning” refer to each customer (“Customer”) va “we”, “us” va “our” refer to Nicenic.com, Inc. (“Nicenic.com, Inc.”). This Agreement explains our obligations to you, va sizning obligations to us in relation to sizning use of our Xizmats. By selecting Nicenic.com, Inc. Xizmat(s) you have agreed to establish an account with us fyoki such Xizmats. When you use sizning account yoki permit someone else to use sizning account to sotib olish yoki otherwise acquire access to additional Nicenic.com, Inc.'s Xizmat(s) yoki to modify yoki cancel sizning Nicenic.com, Inc.’s Xizmat(s) (even if we were not notified of such authyokiization), this Agreement covers any such Xizmat yoki actions.
2.SELECTION OF A DOMAIN NAME. You represent that, to the best of sizning khozirledge va belief, neither the registration of the SLD name nyoki the manner in which it is directly yoki indirectly used infringes the legal rights of a third party va that the Domen nomi is not being roʻyxatdan oʻtkazished fyoki any unlawful purpose.
3. FEES, PAYMENT AND TERM OF SERVICE. As consideration fyoki the Xizmats you have selected, you agree to pay Nicenic.com, Inc. the applicable Xizmat(s) fees set fyokith on our web site at the time of sizning selection. Barchasi fees are due immediately va are non-refundable. Nicenic.com, Inc. may take all remedies available to collect fees owed. Any renewal of sizning Xizmats with us is subject to our then current terms va conditions va payment of all applicable Xizmat fees at the time of renewal va 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 sizning domain name registration to another domain name registrar during the first sixty (60) days from the effective date of sizning initial domain name registration with us.
4.TERM. You agree that the Ro‘yxatdan o‘tish Agreement will remain in full fyokice during the length of the term of sizning Domen nomini ro‘yxatdan o‘tkazish. Should you choose to renew yoki otherwise lengthen the term of sizning Domen nomini ro‘yxatdan o‘tkazish, then the term of this Ro‘yxatdan o‘tish Agreement will be extended accyokidingly. This Agreement will remain in full fyokice during the length of the term of sizning Domen nomini ro‘yxatdan o‘tkazish as selected, recyokided, va paid fyoki upon registration of the Domen nomi. Should you choose to renew yoki otherwise lengthen the term of sizning Domen nomini ro‘yxatdan o‘tkazish, then the term of this Ro‘yxatdan o‘tish Agreement will be extended accyokidingly. Should you transfer sizning domain name yoki should the domain name otherwise be transferred due to another Ro‘yxatga oluvchi, the terms va conditions of this contract shall cease va shall be replaced by the contractual terms in fyokice fyoki the purpose of roʻyxatdan oʻtkazishing domain names then in fyokice between SLD holders va the new Ro‘yxatga oluvchi.
5. ACCURATE INFYOKIMATION. As further consideration fyoki the Nicenic.com, Inc. Xizmat(s), you agree to: (1) provide certain current, complete va accurate infyokimation about you as required by the application process; va (2) maintain va update this infyokimation as needed to keep it current, complete va accurate. We rely on this infyokimation to send you impyokitant infyokimation va notices regarding sizning account va our Xizmats. Bizning privacy statement, located on our web site at http://www.iisp.hk va incyokipyokiated bu yerniin by reference sets fyokith sizning va our rights va responsibilities with regard to sizning personal infyokimation. 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 befyokie it becomes effective. You agree that, by using our Xizmats after modifications to the privacy statement become effective, you have agreed to these modifications. You ackhozirledge 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 sizning Agreement with us. We will not process the personal date that we collect from you in a way incompatible with the purposes va other limitations described in our privacy statement va we will take reasonable precautions to protect sizning personal date from loss, misuse va unauthyokiized access, disclosure, alteration yoki destruction. You represent va warrant that you have provided notice to, va obtained consent from, any third party individuals whose personal data you supply to us as part of our Xizmats with regard to: (i) the purposes fyoki which such third party’s personal data has been collected, (ii) the intended recipients yoki categyokiies of recipients of the third party’s personal data, (iii) which parts of the third party’s data are obligatyokiy va which parts, if any, are voluntary: va (iv) how the third party can access va, if necessary, rectify the data held about them. You further agree to provide such notice va obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible fyoki any consequences resulting from sizning failure to provide notice yoki receive consent from such individuals nyoki fyoki sizning providing outdated, incomplete yoki inaccurate infyokimation. Even if you intend to license the use of our domain name registration Xizmats to a third party, you will remain our customer va you are responsible fyoki complying with all terms va conditions of this Agreement. Subject to the requirements of our privacy statement, in yokider fyoki us to comply with our legal va contractual obligations, you bu yerniby grant to Nicenic.com, Inc. the right to disclose to third parties through an interactive publicly accessible registration database the following mvaatyokiy infyokimation that you are required to provide when roʻyxatdan oʻtkazishing yoki reserving a domain name: (i) the domain name(s) roʻyxatdan oʻtkazished by you; (ii) sizning name va postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number va wbu yerni available the fax number(s) of the technical va administrative contacts fyoki sizning domain name(s); (iv) the Internet protocol numbers of the primary nameserver va the secondary nameserver(s) fyoki such name(s); (v) the cyokiresponding names of those nameservers; (vi) the yokiiginal creation date of the registration; va (vii) the expiration date of the registration. We, as are all accredited domain name registrars, are also required the government to make this infyokimation available in bulk fyokim to third parties who agree not to use it to (a) allow, enable yoki otherwise suppyokit the transmission of mass unsolicited, commercial advertising yoki solicitations via e-mail (spam) yoki (b) enable high volume, automated, electronic processes that apply to our systems to roʻyxatdan oʻtkazish 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 va conditions of this Agreement; va/yoki (2) change part of the Xizmats provided under this Agreement at any time. Any such revision yoki change will be binding va effective immediately upon posting of the revised Agreement yoki change to the Xizmat(s) on Nicenic.com, Inc.’s web sites, yoki upon notification to you by e-mail yoki 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. Agar 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 yoki P.R.C. mail addressed as follows, Datention: Ro‘yxatga oluvchi Business Affairs, Nicenic.com, Inc. 6B, Xihai Building, Yo‘q.221 Remin E Road, Zhuhai City, Guangdong Province,China ,519000. Yo‘qtice of sizning termination will be effective on receipt va processing by us. Any fees paid by you if you terminate sizning Agreement with us are non-refundable, but you will not incur va additional fees. By continuing to use Nicenic.com, Inc.’s Xizmats after any revision to this Agreement yoki change in Xizmat(s), you agree to abide by va be bound by any such revisions yoki changes. We are not bound by nyoki should you rely on any representation by (i) any agent, representative yoki employee of any third party that you may use to apply fyoki our Xizmats: yoki in (ii) infyokimation posted on our web site of a general infyokimational nature. Yo‘q employee, contractyoki, agent yoki representative of Nicenic.com, Inc. is authyokiized to alter yoki amend the terms va conditions of this Agreement.
7. MODIFICATIONS TO YOUR ACCOUNT. In yokider to change any of sizning account infyokimation with us, you must use the Account Number va the Parol that you selected if you opened sizning account with us through our online application process, yoki the security authentication option that you selected if you opened sizning account with us through our e-mail application process. Please safeguard sizning Account Number va Parol yoki security authentication option from any unauthyokiized use. In no event will we be liable fyoki the unauthyokiized use yoki misuse of sizning Account Number yoki Parol yoki security authentication option.
8. DOMAIN NAME DISPUTE POLICY. Agar you reserve yoki roʻyxatdan oʻtkazish a domain name through us, you agree to be bound by our current domain name dispute policy that is incyokipyokiated bu yerniin va 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 sizningself 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 befyokie it becomes effective. You agree by maintaining the reservation yoki registration of sizning domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You ackhozirledge 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 sizning Agreement with us.
10. DOMAIN NAME DISPUTES. You agree that, if sizning use of our domain name registration Xizmats 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 va hold us harmless pursuant to the terms va conditions set fyokith below in this Agreement. Agar we are notified that a complaint has been filed with a judicial yoki administrative body regarding sizning use of our domain name registration Xizmats, you agree not to make any changes to sizning domain name recyokid without our priyoki approval. We may not allow you to make changes to such domain name recyokid until (i) we are directed to do so by the judicial yoki administrative body, yoki (ii) we receive notification by you va the other party contesting sizning registration va use of our domain name registration Xizmats that the dispute has been settled. Furthermyokie, you agree that if you are subject to litigation regarding sizning registration va use of our domain name registration Xizmats, we may deposit control of sizning domain name recyokid into the registry of the judicial body by supplying a party with a registrar certificate from us.
11. Qo‘shishitional Registry Requirements
The following provisions apply to any domain names that you roʻyxatdan oʻtkazish 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, va other processing of sizning Personal Data by Afilias, the .INFO Registry Operatyoki, va its designees va agents in a manner consistent with the purposes specified pursuant in its contract.
(2). You agree to submit to proceedings under ICANN's Unifyokim Domen nomi Dispute Policy (UDRP) va comply with the requirements set fyokith by Afilias fyoki domain names roʻyxatdan oʻtkazished during the Sunrise Period, including the mvaatyokiy Sunrise Dispute Resolution Policy. These policies are subject to modification by Afilias in its discretion.
(3). You agree to immediately cyokirect va update the registration infyokimation fyoki the .INFO roʻyxatdan oʻtkazished domain name during registration term fyoki such domain name; failure to cyokirect this infyokimation shall constitute a breach of this Agreement.
(4)
. You ackhozirledge that Afilias, the registry operatyoki fyoki .INFO, will have no liability of any kind fyoki any loss yoki liability resulting from the proceedings va processes relating to the Sunrise Period yoki the Lva Rush Period, including, without limitation: (a) the ability yoki inability of a registrant to obtain a given domain name during these periods, va (b) the results of any dispute over a Sunrise Ro‘yxatdan o‘tish.
(5). Uchundaynic, Inc. va Afilias, the registry operatyoki fyoki .INFO, expressly reserve the right to deny, cancel yoki transfer any registration that either shall deem necessary, in its discretion, to protect the integrity va stability of the .INFO registry, to comply with any applicable laws, government rules yoki requirements, requests of law enfyokicement, in compliance with any dispute resolution process, yoki to avoid any liability, civil yoki criminal, on the part of Uchundaynic, Inc. va/yoki Afilias as well as their affiliates, subsidiaries, officers, directyokis va employees.
Nicenic.com, Inc. va 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. Ro‘yxatdan o‘tishs in the .biz TLD must be used yoki intended to be used primarily fyoki bona fide business yoki commercial purposes. Fyoki purposes of the .biz Ro‘yxatdan o‘tish Restrictions ("Restrictions"), "bona fide business yoki commercial use" shall mean the bona fide use yoki bona fide intent to use the domain name yoki any content, software, materials, graphics yoki other infyokimation tbu yernion, to permit Internet users to access one yoki myokie host computers through the DNS:
Uchun exchange goods, Xizmats, yoki property of any kind;
In the yokidinary course of trade yoki business; yoki
Uchun facilitate
(i) the exchange of goods, Xizmats, infyokimation, yoki property of any kind; yoki, (ii) the yokidinary course of trade yoki business. Roʻyxatdan oʻtishing a domain name solely fyoki the purposes of (1) selling, trading yoki leasing the domain name fyoki compensation, yoki (2) the unsolicited offering to sell, trade yoki lease the domain name fyoki compensation shall not constitute a "bona fide business yoki commercial use" of that domain name.
(2). BIZ CERTIFICATION. As a .biz domain name registrant, you bu yerniby certify to the best of sizning khozirledge that:
The roʻyxatdan oʻtkazished domain name will be used primarily fyoki bona fide business yoki commercial purposes va not (i) exclusively fyoki personal use; yoki (ii) solely fyoki the purposes of (1) selling, trading yoki leasing the domain name fyoki compensation, yoki (2) the unsolicited offering to sell, trade yoki lease the domain name fyoki compensation. Fyoki myokie infyokimation on the .biz restrictions, which are incyokipyokiated bu yerniin by reference, please see: http://www.iisp.hk
(b) You have the authyokiity to enter into this Agreement; va
(c) The roʻyxatdan oʻtkazished domain name is reasonably related to the sizning business yoki intended commercial purpose at the time of registration.
(3). PROVISION OF REGISTRATION DATA.
(
3.1). Provision of Ro‘yxatdan o‘tish Data. As part of the registration process, you are required to provide us with certain infyokimation va to update this infyokimation to keep it current, complete va accurate. This infyokimation includes (i) sizning full name, postal address, e-mail address, voice telephone number, va fax number if available; (ii) the name of an authyokiized person fyoki contact purposes in the case of a registrant that is an yokiganization, association, yoki cyokipyokiation; (iii) the IP addresses of the primary nameserver va any secondary nameserver(s) fyoki the domain name; (iv) the cyokiresponding names of those nameservers; (v) the full name, postal address, email address, voice telephone number, va fax number if available of the technical contact fyoki the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, va fax number if available of the administrative contact fyoki the domain name; (vii) the name, postal address, e-mail address, voice telephone number, va fax number if available of the billing contact fyoki the domain name; va (viii) any remark concerning the roʻyxatdan oʻtkazished domain name that should appear in the Whois directyokiy. You agree va understva that the fyokiegoing registration data will be publicly available va accessible on the Whois directyokiy as required by ICANN/Registry Policy va may be sold in bulk in accyokidance with the ICANN Agreement.
(3.2) Inaccurate yoki Unreliable Data. You bu yerniby represent va warrant that the data provided in the domain name registration application is true, cyokirect, up to date va complete va that you will continue to keep all the infyokimation provided up to date. Your willful provision of inaccurate yoki unreliable infyokimation, sizning willful failure promptly to update infyokimation provided to us, yoki any failure to respond fyoki over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing yoki technical contact then appearing in the Whois directyokiy with respect to an domain name concerning the accuracy of Bog‘lanish ma’lumotlari associated with any registration(s) yoki the registration of any domain name(s) roʻyxatdan oʻtkazished by yoki through you yoki sizning account, shall constitute a breach of this Agreement. Any infyokimation collected by us concerning an identified yoki identifiable natural person ("Personal Data") will be used in connection with the registration of sizning domain name(s) va fyoki the purposes of this Agreement va as required yoki permitted by the ICANN Agreement yoki any ICANN/Registry Policy.
(4). DOMAIN NAME DISPUTE POLICY. Agar you reserve yoki roʻyxatdan oʻtkazish a .biz domain name through us, you agree to be bound by our current domain name dispute policy that is incyokipyokiated bu yerniin va made a part of this Agreement by reference. Please take the time to familiarize sizningself with that policy. In addition, you bu yerniby ackhozirledge that you have read va understood va agree to be bound by the terms va conditions of the following documents, as they may be amended from time to time, which are bu yerniby incyokipyokiated va made an integral part of this Shartnoma:
The Unifyokim Domen nomi 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; va
The Restrictions Dispute Resolution Criteria va Rules, available at http://www.iisp.hk.
The STOP sets fyokith the terms va conditions in connection with a dispute between a registrant of a domain name ("Registrant") with any third party (other than Registry Operatyoki yoki Ro‘yxatga oluvchi) over the registration yoki use of a domain name roʻyxatdan oʻtkazished by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a Xizmat introduced by Registry Operatyoki to notify a trademark yoki Xizmat mark holder ("Claimant") that a second-level domain name has been roʻyxatdan oʻtkazished in which that Claimant claims intellectual property rights. In accyokidance with the STOP va its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets fyokith the terms va conditions in connection with a dispute between a Registrant va any party other than the Registry Operatyoki yoki Ro‘yxatga oluvchi over the registration va use of an Internet domain name roʻyxatdan oʻtkazished by Registrant. The RDRP sets fyokith the terms under which any allegation that a domain name is not used primarily fyoki business yoki commercial purposes shall be enfyokiced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. Йўқ of the violations of the Restrictions will be enfyokiced directly by yoki through Registry Operatyoki. Registry Operatyoki will not review, monityoki, yoki otherwise verify that any particular domain name is being used primarily fyoki business yoki commercial purposes yoki that a domain name is being used in compliance with the SUDRP yoki 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 befyokie it becomes effective. You agree that, by maintaining the reservation yoki registration of sizning domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You ackhozirledge 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 sizning Agreement with us.
(6). DOMAIN NAME DISPUTES. You agree that, if sizning use of our domain name registration Xizmats 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 va hold us harmless pursuant to the terms va conditions set fyokith below in this Agreement. Agar we are notified that a complaint has been filed with a judicial yoki administrative body regarding sizning use of our domain name registration Xizmats, you agree not to make any changes to sizning domain name recyokid without our priyoki approval. We may not allow you to make changes to such domain name recyokid until (i) we are directed to do so by the judicial yoki administrative body, yoki (ii) we receive notification by you va the other party contesting sizning registration va use of our domain name registration Xizmats that the dispute has been settled. Furthermyokie, you agree that if you are subject to litigation regarding sizning registration va use of our domain name registration Xizmats, we may deposit control of sizning domain name recyokid into the registry of the judicial body by supplying a party with a registrar certificate from us.
12. ICANN POLICY. You agree that sizning registration of the SLD name shall be subject to suspension, cancellation, yoki transfer pursuant to any ICANN-adopted policy, yoki pursuant to any registrar yoki registry procedure not inconsistent with an ICANN-adopted policy, (1) to cyokirect mistakes by Ro‘yxatga oluvchi yoki the Registry in roʻyxatdan oʻtkazishing the name yoki (2) fyoki the resolution of disputes concerning the SLD name.
13. AGENTS. You agree that, if sizning agent (e.g., an Internet Service Provider, employee, etc.) sotib olishd our Xizmat(s) on sizning behalf, you are nonetheless bound as a principal by all terms va conditions bu yerniin, including the dispute policy. Your continued use of our Xizmats shall ratify any unauthyokiized actions of sizning agent. By acting on sizning behalf, sizning agent certifies that he yoki she is authyokiized to apply fyoki our Xizmats on sizning behalf, that he yoki she is authyokiized to bind you to the terms va conditions of this Agreement va that he yoki she has apprised you of the terms va conditions of this Agreement. In addition, you are responsible fyoki any erryoki made by sizning agent. We will not refund fees paid by you yoki sizning agent on sizning behalf fyoki any reason, including, but not limited to, in the event that sizning agent fails to comply with the terms va conditions of this Agreement, sizning agent incyokirectly provides infyokimation in the application process yoki if sizning agent changes yoki otherwise modifies sizning domain name recyokid incyokirectly.
14. NOTICES AND ANNOUNCEMENTS. You authyokiize us to notify you as our customer of infyokimation that we deem is of potential interest to you. Yo‘qtices va announcements may include commercial e-mails va other notices describing changes, upgrades, new products va Xizmats yoki other infyokimation pertaining to Internet security yoki to enhance sizning identity on the Internet va/yoki other relevant matters.
15. LIMITATION OF LIABILITY. You agree that our entire liability, va sizning exclusive remedy, with respect to any Nicenic.com, Inc.’s Xizmat(s) provided under this Agreement va/yoki fyoki any breach of this Agreement is solely limited to the amount you paid fyoki such Xizmat(s). Nicenic.com, Inc. va its contractyokis shall not be liable fyoki any direct, indirect, incidental, special yoki consequential damages resulting from the use yoki inability to use any of the Nicenic.com, Inc. ’s Xizmats yoki fyoki the cost of procurement of substitute Xizmats. Because some states do not allow the exclusion yoki limitation of liability fyoki consequential yoki incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any va all loss yoki liability resulting from, but not limited to: (1) loss yoki liability resulting from access delays yoki access interruptions; (2) loss yoki liability resulting from data non-delivery yoki date mis-delivery; (3) loss yoki liability resulting from the unauthyokiized use yoki misuse of sizning Account Number, Parol yoki security authentication option; (4) loss yoki liability resulting from erryokis, omissions, yoki misstatements in any va all infyokimation yoki Xizmats(s) provided under this Agreement; (5) loss yoki liability relating to the deletion of yoki failure to styokie e-mail messages; (6) loss yoki liability resulting from the development yoki interruption of sizning web site; (7) loss yoki liability from sizning inability to use our China mail Xizmat; (8) loss yoki liability that you may incur in connection with our processing of sizning application fyoki our Xizmats, our processing of any authyokiized modification to sizning domain name recyokid yoki sizning agents failure to pay any fees, including the initial registration fee yoki re-registration fee; yoki (9) loss yoki liability as a result of the application of our dispute policy.
16. INDEMNITY.
You agree to defend, indemnify va hold harmless Nicenic.com, Inc., its affiliates va business partners, va any applicable domain name registry, including without limitation VeriSign, Inc., Afilias Limited, NeuDaraja, Inc., Glaobal Ism Registry va Public Interest Registry, va their respective subsidiaries va affiliates, va the directyokis, officers, employees va agents of each of them, from va against any va all claims, actions, losses, damages, expenses va costs, including reasonable attyokineys' fees va expenses, arising out of yoki relating to (i) sizning domain name registration, (ii) any breach by you of this Agreement, including the Dispute Policy, yoki (iii) any third party claim, action, yoki demva related to sizning domain name yoki the use tbu yerniof.
17. TRANSFER OF OWNERSHIP. The person named as administrative contact at the time the controlling user name va passwyokid are secured shall be the owner of the domain name. You agree that priyoki to transferring ownership of sizning domain name to another person (the Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms va conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances yoki 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. Agar the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms va conditions in this Agreement, any such transfer will be null va void.
18. BREACH. You agree that sizning failure to abide by any provision of the Agreement, any Nicenic.com, Inc. operating rule yoki policy, the dispute policy yoki sizning willful provision of inaccurate yoki unreliable infyokimation as part of the application process, yoki sizning failure to update sizning infyokimation to keep it current, complete yoki accurate, yoki sizning failure to respond fyoki over fifteen (15) calendar days to inquiries from us concerning the accuracy of the Bog‘lanish ma’lumotlari associated with sizning domain name registration may be considered by us to be a material breach va that we may provide a written notice, describing the breach, to you. Agar within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactyokiy to us, that you have not breached sizning obligations under the Agreement, then we may delete the registration yoki reservation of sizning domain name va/yoki terminate the other Nicenic.com, Inc. Xizmat(s) you are using without further notice. We will not refund any fees paid by you if we terminate sizning Agreement due to sizning breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, yoki any other breach, by you.
19. NO GUARANTY. You agree that, by registration of sizning chosen domain name, such registration does not confer immunity from objection to either the registration yoki use of sizning domain name.
20. REPRESENTATIONS AND WARRANTIES. You agree va warrant that: (i) the infyokimation that you yoki sizning agent on sizning behalf provide to us during the application process to roʻyxatdan oʻtkazish sizning domain name yoki to apply fyoki other Nicenic.com, Inc. ’s Xizmat(s) is, to the best of sizning khozirledge va belief, accurate va complete, va that any future changes to this infyokimation will be provided to us in a timely manner accyokiding to the modification procedures in place at that time, (ii) to the best of sizning khozirledge va belief neither the registration of sizning domain name nyoki the manner in which you intend to use such domain name will directly yoki indirectly infringe the legal rights of a third party, (iii) you have all requisite power va authyokiity to execute this Agreement va to perfyokim sizning obligations bu yerniunder, (iv) you have selected the necessary security option(s) fyoki sizning domain name registration recyokid, va (v) you are of legal age to enter into this Agreement. You agree that sizning use of our Xizmat(s) is solely at sizning own risk. You agree that all of our Xizmats are provided on an “as is” va “as available” basis.
21. DISCLAIMER OF WARRANTIES. We expressly disclaim all warranties of any kind, whether expressyoki implted . Including but not limited to the implied warranties of merchantability,fitness fyoki a particular purpose va non-infringement. We make no warranty that our Xizmat(s) will be uninterrupted, timely, secure, yoki erryoki free: nyoki do we make any warranty as to the results that by may be obtained from the use of the Xizmat(s). you understva va agree that any material va/yoki date downloaded yoki otherwise obtained through the use of our china mail Xizmat is done at sizning own discretion va risk va that you will be solely responsible fyoki any damage to sizning computer system yoki loss of data that results from the download of such material va/yoki data. we make no warranty regarding any goods yoki Xizmats sotib olishd yoki obtained through any of our Xizmats yoki any transactions entered into through such Xizmats. Yo‘q advice yoki infyokimation, whether yokial yoki written, obtained by you from us yoki through our china mail Xizmat shall create any waranty not expressly made bu yerniin. to the extent juridictions do not allow the exclusion of certain warranites, some of the above exclusions may not apply to you
22. INFYOKIMATION. As part of the registration process, you are required to provide us certain infyokimation va to update us promptly as such infyokimation changes such that our recyokids are current, complete va accurate. You are obliged to provide us the following infyokimation:
i) Your name va postal address (yoki, if different, that of the domain name holder);
ii) The domain name being roʻyxatdan oʻtkazished
iii) The name, postal address, e-mail address, va voice va fax (if available) telephone numbers of the administrative contact fyoki the domain name.
iv) The name, postal address, e-mail address, va voice va fax (if available) telephone numbers of the billing contact fyoki the domain name.
23. DISCLOSURE AND USE OF REGISTRATION INFYOKIMATION. You agree va ackhozirledge that we will make domain name registration infyokimation you provide available to ICANN, to the registry administratyokis, va to other third parties as ICANN va applicable laws may require yoki permit. You further agree va ackhozirledge that we may make publicly available, yoki directly available to third party vendyokis, some, yoki all, of the domain name registration infyokimation you provide, fyoki purposes of inspection (such as through our WHOIS Xizmat) yoki other purposes as required yoki permitted by ICANN va the applicable laws.
You bu yerniby consent to any va all such disclosures va use of, va guidelines, limits va restrictions on disclosure yoki use of, infyokimation provided by you in connection with the registration of a domain name (including any updates to such infyokimation), whether during yoki after the term of sizning registration of the domain name. You bu yerniby irrevocably waive any va all claims va causes of action you may have arising from such disclosure yoki use of sizning domain name registration infyokimation by us.
You may access sizning domain name registration infyokimation in our possession to review, modify yoki update such infyokimation, by accessing our domain manager Xizmat, yoki similar Xizmat, made available by us.
We will not process data about any identified yoki identifiable natural person that we obtain from you in a way incompatible with the purposes va other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the infyokimation we obtain from you from our loss, misuse, unauthyokiized access yoki disclosure, alteration yoki destruction of that infyokimation.
24. REVOCATION. You agree that we may terminate sizning contractual right to use our Xizmat(s) if the infyokimation that you are obligated to provide to roʻyxatdan oʻtkazish sizning domain name yoki roʻyxatdan oʻtkazish fyoki other Nicenic.com, Inc. Xizmat(s), yoki that you subsequently modify, contains false yoki misleading infyokimation, yoki conceals yoki omits any infyokimation we would likely consider material to our decision to roʻyxatdan oʻtkazish sizning domain name yoki to continue to provide you domain name registration Xizmats. Furthermyokie, you agree that we may suspend, cancel yoki transfer sizning domain name registration Xizmats in yokider to: (i) cyokirect mistakes made by us yoki the registry in roʻyxatdan oʻtkazishing sizning chosen domain name, yoki (ii) to resolve a dispute under our dispute policy. We will not refund any fees paid by you if we terminate sizning Xizmats.
25. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to roʻyxatdan oʻtkazish sizning chosen domain name yoki roʻyxatdan oʻtkazish you fyoki other Nicenic.com, Inc. Xizmat(s), yoki to delete sizning domain name within the first thirty (30) calendar days from receipt of sizning payment fyoki such Xizmats. In the event we do not roʻyxatdan oʻtkazish sizning domain name yoki roʻyxatdan oʻtkazish you fyoki other Nicenic.com, Inc. Xizmat(s), yoki we delete sizning domain name yoki other Nicenic.com, Inc. Xizmat(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 fyoki loss yoki damages that may result from our refusal to roʻyxatdan oʻtkazish, the deletion sizning domain name yoki refusal to roʻyxatdan oʻtkazish you fyoki other Nicenic.com, Inc. Xizmat(s).
26. SEVERABILITY. You agree that the terms of this Agreement are severable. Agar any term yoki provision is declared invalid yoki unenfyokiceable, that term yoki provision will be construed consistent with applicable law as nearly as possible to reflect the yokiiginal intentions of the parties, va the remaining terms va provisions will remain in full fyokice va effect.
27. NON-AGENCY. Yo‘qthing contained in this Agreement yoki the Dispute Policy shall be construed as creating any agency, partnership, yoki other fyokim of joint enterprise between the parties.
28. NON-WAIVER. Bizning failure to require perfyokimance by you of any provision bu yerniof shall not affect the full right to require such perfyokimance at any time tbu yerniafter; nyoki shall the waiver by us of a breach of any provision bu yerniof be taken yoki held to be a waiver of the provision itself.
29.
NOTICES. Any notice, direction yoki other communication given under this Agreement shall be in writing va given by sending it via e-mail yoki 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] yoki, in the case of notice to you, at the e-mail address provided by you in sizning WHOIS recyokid. Any e-mail communication shall be deemed to have been validly va effectively given on the date of such communication, if such date is a business day va such delivery was made priyoki to 9:00 UTC, otherwise it will be deemed to have been delivered on the keyingi business day. In the case of regular mail notice, valid notice shall be deemed to have been validly va effectively given 5 business days after the date of mailing va, in the case of notification to us shall be sent to:
Nicenic.com, Inc.
6B XIHAI Building,Yo‘q.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 va policies published by us, the dispute policy va the privacy statement are the complete va exclusive agreement between you va us regarding our Xizmats. This Agreement, our rules va policies, the dispute policy va the privacy statement supersede all priyoki agreements va understvaings, whether established by custom, practice, policy yoki precedent.
32. TRANSFER AND ASSIGNMENT. You may transfer sizning domain name registration to a third party of sizning choice, subject to the procedures va conditions found at: http://www.iisp.hk (This policy will be updated in this Yo‘qvermber), incyokipyokiated bu yerniin by reference. Your rights under this Agreement are not assignable va any attempt by sizning credityokis to obtain an interest in sizning rights under this Agreement, whether by attachment, levy, garnishment yoki otherwise, render this Agreement voidable at our option.
33. GOVERNING LAW. You agree that this Agreement va any disputes bu yerniunder shall be governed in all respects by va construed in accyokidance with the laws of the China Internet domeni Ism Regulations, Procedural Rules fyoki Domen nomi Dispute Resolution of Domen nomi Dispute Resolution Center of China International Economic va Trade Arbitration Commission, Тафсилотed Implementation Rules fyoki Ro‘yxatdan o‘tish of Domen nomlari in China, Chinese Domen nomlari Dispute Resolution Policy, Provisional Administrative Rules fyoki Ro‘yxatdan o‘tish of Domen nomlari in China, Internet Keywyokid Ro‘yxatdan o‘tish Measure.
34. AGREEMENT TO BE BOUND. By applying fyoki Nicenic.com, Inc. Service(s) through our online application process yoki by applying fyoki va roʻyxatdan oʻtkazishing a domain name as part of our e-mail template application process yoki by using the Xizmat(s) provided by Nicenic.com, Inc. under this Agreement, you ackhozirledge that you have read va agree to be bound by all terms va conditions of this Agreement va any pertinent rules yoki policies that are yoki may be published by Nicenic.com, Inc. Ro‘yxatdan o‘tish.
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 va hold harmless the .MOBI Registry Operatyoki, va its directyokis, officers, employees va agents from va against any va all claims, damages, liabilities, costs va expenses, including reasonable legal fees va expenses, arising out of yoki relating to sizning domain name registration va yoki use, va this indemnification obligation survives the termination yoki expiration of the registration agreement;
35.2 - Indemnify, defend va hold harmless .MOBI Registry Services Provider, its subsidiaries va affiliates, va the directyokis, officers, employees va agents yoki each of them, from va against any va all claims, damages, liabilities, costs va expenses, including reasonable legal fees va expenses, arising out of yoki relating to sizning domain name registration va yoki use, va this indemnification obligation survives the termination yoki expiration of the registration agreement;
35.3 - Ackhozirledge va agree that notwithstvaing anything in this Agreement to the contrary, mTLD Eng yuqori darajadagi domen Ltd. ("dotmobi"), the Registry Operatyoki of the .mobi TLD, is va shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement ackhozirledge va agree that the third party beneficiary rights of dotmobi have vested va that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to Nuqtaster being a registrar fyoki the .mobi top-level domain. Qo‘shishitionally, the third party beneficiary rights of dotmobi shall survive any termination yoki expiration of this Agreement.
35.4 - Comply with ICANN requirements, stvaards, policies, procedures, va practices fyoki which the .MOBI Registry Operatyoki has monityokiing responsibility in accyokidance with the Registry Agreement yoki other arrangement with ICANN;
35.5 - Comply with operational stvaards, policies, procedures, va practices fyoki the Registry TLD established from time to time by the .MOBI Registry Operatyoki in a non-arbitrary manner as Registry Policies, applicable to all registrars va/yoki domain registrants, va consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operatyoki to Ro‘yxatga oluvchi;
35.6 - Consent to the use, copying, distribution, publication, modification va other processing of sizning Personal Data by dotmobi, the .MOBI Registry Operatyoki, va its designees va agents in a manner consistent with the purposes specified pursuant in its contract va with relevant mvaatyokiy local data protection, laws va privacy;
35.7 - Yuborish to proceedings commenced under ICANN's Unifyokim Domen nomi Dispute Resolution Policy ("UDRP");
35.8 - Immediately cyokirect va update the registration infyokimation fyoki the roʻyxatdan oʻtkazished .MOBI Ism during the registration term fyoki the .MOBI Roʻyxatdan oʻtished Ism;
35.9 - Ackhozirledge va agree to be bound by the terms va conditions of the initial launch va general operations of the .MOBI Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Lva Rush Period, the Sunrise Dispute Resolution Policy, the Premium Ism Barchasiocation Process, va the General Ro‘yxatdan o‘tish Period , va further to ackhozirledge that Registry Operatyoki va the Registry Service Provider has no liability of any kind fyoki any loss yoki liability resulting from the proceedings va processes relating to the Limited Industry Launch, the Sunrise Period, the Lva Rush Period, the Sunrise Dispute Resolution Policy, the Premium Ism Barchasiocation Process, va the General Ro‘yxatdan o‘tish Period including, without limitation: (a) the ability yoki inability of a registrant to obtain a Roʻyxatdan oʻtished Ism during these periods, va (b) the results of any dispute made during the limited industry launch yoki over a Sunrise Ro‘yxatdan o‘tish.
35.10 - Ackhozirledge va agree that the .MOBI Registry va .MOBI Registry Services Provider, acting in consent with the .MOBI Registry, reserves the right to deny, cancel yoki transfer any registration that it deems necessary, in its discretion (i) to protect the integrity va stability of the registry; (ii) to comply with all applicable laws, government rules yoki requirements, requests of law enfyokicement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil yoki criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directyokis, representatives, employees, va stockholders; (iv) fyoki violations of the terms va conditions bu yerniin; yoki (v) to cyokirect mistakes made by the Registry yoki any registrar in connection with a domain name registration, va the Registry also reserves the right to freeze a Roʻyxatdan oʻtished Ism during resolution of a dispute.
35.11 - Ackhozirledge va agree that you must comply with the requirements, stvaards, policies, procedures va practices set fyokith in the dotmobi Style Guide (www.mtld.mobi ) va consent to the monityokiing of the website as described in the dotmobi Style Guide monityokiing guidelines (www.mtld.mobi ) fyoki compliance with the Style Guide. Furthermyokie, Registrant ackhozirledges va agrees that this Style Guide is subject to modification by the .MOBI Registry with any such changes appearing at the oldingiiously designated URL, va that Registrant must promptly comply with any such changes in the time allotted.
35.12 - Ackhozirledge va agree that Proxy yoki Proxy Ro‘yxatdan o‘tishs will not be allowed during the Sunrise Period, the Limited Industry Launch va the Premium Ism Barchasiocation va Auction Period, va in such an instance will constitute a material breach to this contract.
36. ACCEPTANCE OF AGREEMENT. You ackhozirledge that you have read this agreement va agree to all its terms va conditions. You have independently evaluated the desirability of the Xizmat va are not relying on any representation agreement.Guarantee yoki statement other than as set fyokith in this agreement.
Nicenic.com International Limited. Ro‘yxatga oluvchi-Registrant Agreement