Domain Registration Service Agreement
This DOMAIN NAME REGISTRATION SERVICE AGREEMENT ("Agreement") is made by and between NICENIC INTERNATIONAL GROUP CO., LIMITED, an Hong Kong private limited company ("NiceNIC.NET") and you and your heirs, agents, successors and assigns (collectively, "Customer"), and you and your heirs, agents, successors and assigns (collectively, "Customer"), and is made effective as of the date of acceptance. This Agreement sets forth the terms and conditions of your use of our domain name registration services ("Services").
Your acceptance of the Master Services Agreement, which incorporates this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by these terms and conditions along with all other applicable agreements which are incorporated herein by reference.
The terms "we", "us", or "our" shall refer to NiceNIC.NET. The terms "you", "your", "user", or "customer" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
We reserve the right, in our sole and absolute discretion, to change or modify this Agreement, and any policies or agreements which are incorporated herein at any time. We may occasionally notify you of changes or modifications to this Agreement or the Services by email so it is very important that you keep your Account information current and up to date. We are not responsible and we assume no liability for your failure to receive an email notification if such failure results from inaccurate or outdated Account information.
1. Generic Top Level Domain Name Registration
NiceNIC.NET is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for generic top level domain names ("gTLDs") such as .com, .net, .org, .info, .biz, .jobs, and more and various sponsored top-level domain names ("sTLDs"). NiceNIC.NET may also, at its sole discretion, accept registration applications in non-ASCII character languages such as Chinese, Korean, and more ("Internationalized Domain Names" or "IDNs"). ICANN oversees registrations and other aspects of gTLDs policies and operations of accredited registrars like NiceNIC.NET. You acknowledge and agree that your rights to any domain names registered or renewed through NiceNIC.NET are subject to the policies and regulations of ICANN, the related Registry (as defined below) and various laws. You agree to abide by the terms in this Agreement to register and renew domain names as well as all terms and conditions of ICANN governing the registration and renewal of such domain names including, but not limited to, dispute resolution policies such as the Uniform Domain Name Dispute Resolution Policy ("UDRP") or the Uniform Rapid Suspension Policy ("URS") as well as all current and future policies of Registries (as defined below) related to those domain names including, but not limited to, their acceptable use policies, privacy policies, and WHOIS data policies.
Domain name registrations are not effective until the registry administrator ("Registry" and "Registries" shall be construed accordingly) puts them into effect. For a list of Registries and for more information on top level domain names ("TLDs"), see www.icann.org/tlds/. Domain name registrations are created and renewed for specified terms, terms which end on the specified expiration date if not renewed. For domain names which are created as a new registration out of the available namespace, the term begins on the date the domain name registration is created by the applicable Registry. You agree that we are not liable or responsible in any way for any errors, omissions, or any other actions by the Registry arising out of, or related to a request to register, renew, modify, transfer, or renew a domain name. The registration or renewal is only effective once the Registry creates the registration or accepts the renewal.
2. Country Code Top Level Domain Name Registration
In addition to gTLDs, sTLDS, and IDNs, NiceNIC.NET also registers country code top-level domain names ("ccTLDs"). There are additional agreements that you must agree to should you desire to apply for registration of a domain name in any ccTLD. Each ccTLD Registry creates and enforces its own rules, regulations, policies and procedures governing various aspects of ccTLDs registered in their respective namespace or zone, including, but not limited to, dispute resolution policies which may be different to those promulgated by ICANN and WHOIS data policies which may also vary from ICANN's WHOIS policies.
Links to information on each ccTLD Registry policy can be found here: http://www.iana.org/root-whois/.
When you register a ccTLD with NiceNIC.NET or one of its subsidiaries or affiliates, you acknowledge and agree to, and are bound by, the respective ccTLD Registry's rules, regulations, policies and procedures.
We may publish portions of each ccTLD Registry's policies on the Site, including information on requirements, renewal policies, redemption policies, and other information from time to time. We are not liable in any way whatsoever for any errors, omissions, or mistakes published on the Site. ccTLD Registry policies change from time to time and it is your responsibility to verify the rules, regulations, policies and procedures of each ccTLD Registry.
3. Premium Domain Name Registration
You acknowledge that we provide premium domain name registration services ("Premium Domains") on the Site under separate agreements with unrelated 3rd parties ("3rd Party Services"). We act as an intermediary for the purchase of Premium Domains and we are not responsible for the performance, completeness, correctness, or failure of the 3rd Party Services. Additionally, you agree to abide by the terms and conditions required by the 3rd parties for the use of the 3rd Party Services when such terms are made available to you prior to your election to use such services, and when such terms are subsequently updated.
4. Pre-registration, Sunrise, and Landrush
In the event that we make pre-registration available for a gTLDs, sTLDs, IDNs, or ccTLDs whether in sunrise, landrush, general pre-registration phases, or other pre-registration phrases, we do not guarantee the successful registration of a pre-registration application or your immediate access to the domain name if successfully secured. We may use 3rd Party Services for pre-registrations. Pre-registration fees, setup fees, and application fees are strictly non-refundable regardless of success or outcome.
5. No Guarantee of Registration or Renewal
No domain registration under this Agreement shall be deemed effective until we deliver the domain name application or renewal application to the appropriate Registry and the Registry accepts your application and creates your domain name registration or renewal. Submitting your application to us, and our accepting of Fees for your application, by itself does not constitute a successfully registered application or renewal.
You acknowledge that we are in no way responsible for and can never guarantee, that the domain name you are applying for is not being applied for by another party or with another registrar, that there are no inaccuracies in the Registry's WHOIS or other databases, that the search availability results are correct, or that there are errors, omissions, or inaccuracies that occur during the registration or renewal process which affect the result of your registration or renewal application.
You further acknowledge and agree that you are solely responsible for ensuring that your registration or renewal has been properly processed. We may elect to accept or reject your application for registration or renewal at any time for any reason at our sole and absolute discretion, including, but not limited to, pricing errors, attempts to apply for domain names that are prohibited, improper, unavailable, infringe on 3rd party intellectual property or other rights, are questionable or violate any other agreements or terms and conditions contained in this Agreement or other agreements with us. You also acknowledge and agree that we are not liable or responsible in any way for errors, omissions, acts, inaccuracies related to the Site, or actions by any 3rd parties including any gTLD, sTLD, IDN, or ccTLD Registry arising out of your application or potential application for, and registration or renewal of, a particular domain name.
6. Your Obligations
You acknowledge that we do not check, unless it is explicitly required to do so by a Registry, to see whether the domain names you select, or your use of the domain name, or other services provided by us or unrelated 3rd parties in relation to the domain name, infringes on the intellectual property or other legal rights of others, violates the rules, regulations, policies, or procedures of the respective Registry, or violates local, state, national or international laws. It is your sole responsibility to understand and accept the terms and policies of each Registry to ensure that your application for registration or renewal, and subsequent use, of the domain name does not violate any of these terms.
You represent to us that:
(i) You are at least 18 years of age and are legally capable of entering into this Agreement with us;
(ii) You will not violate this Agreement and will comply with all local, state, national and international laws;
(iii) You will not use the Site or the Services for any unlawful purpose.
(iv) You will not represent yourself as another person or entity, or submit information on behalf of another person or entity without their express prior written consent;
(v) You will not provide false, inaccurate, or incomplete information in your application for the Services;
(vi) You will maintain complete and accurate information with us at all times in relation to the Services;
(vii) You will not violate 3rd party trade or service marks, copyrights, patents or other intellectual property rights;
(viii) Your use of the Services does not and will not result in excess use of our resources or overloading of our DNS, server or network resources;
(ix) You will not use the Services as a source or destination of packet flooding, mail bombs, packet corruption, denial of service, or other illegal or abusive cyber activities;
(x) You will not conduct server hacking or promote hacking, cracking, or other cyber crimes or activities;
(xi) You will not deploy software or scripts to run on our servers that cause overload of resources or threaten the stability of the network;
(xii) You will not disseminate or transmit SPAM email in violation of our SPAM policy;
(xiii) You will not disseminate illegal, hateful, harmful, violent, racially or ethnically intolerant, abusive, obscene, pornographic, defamatory, harassing, malicious, protected material, or content that otherwise violates the intellectual property rights of others;
We may terminate or suspend the Services at any time, at its sole discretion and without limitation, if it finds that you have violated any terms of this Agreement or other agreements with us. You agree that if we terminate or suspend the Services provided to you under this Agreement, that we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously providing to you and that any reference in this Agreement to termination or suspension of the Services to you includes this option.
7. Domain Name Registrant
When applying for and registering a domain name with us, you will be asked to designate a registrant for the domain name ("Registrant"). The Registrant is granted all rights under this Agreement to act in respect to the domain name and any other services obtained from us in connection with the domain name, including, but not limited to, the authority to terminate, delete, transfer, renew, or otherwise modify the domain name or related Services, or obtain additional services in relation to the domain name.
The Registrant is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information under this Agreement. A Registrant that licenses the use of a domain name shall accept liability for harm caused by wrongful use of the domain name, unless the Registrant discloses the current contact information provided by the licensee and the identity of the licensee (in accordance with applicable data protection law) within seven (7) days to a party providing Registrant reasonable evidence of actionable harm.
If you, acting as the Account holder, are providing Registrant information on Registrant's behalf, you represent that you have obtained consent from the Registrant and notice has been given to them sufficient to enter the terms of this Agreement on their behalf. Failure to do so it a material breach of this Agreement.
8. Administrative Contact
When applying for and registering a domain name with us, you will be asked to designate an administrative contact for the domain name ("Administrative Contact") to confer certain rights to under this Agreement, including, but not limited to, purchasing additional services, transferring the domain name to another registrar where allowable by the applicable Registry, and updating the domain name settings. The Administrative Contact may be the same as the Registrant. The Registrant is responsible for all actions, errors or omissions of the Administrative Contact.
9. Trustee Services
We may, from time to time, offer administrative, registrant, agent, or local presence services to you ("Trustee Services") in connection with the Services under this Agreement. Trustee Services may grant certain rights, access, duties and responsibilities to the grantee ("Trustee") with respect to the domain name. Trustee Services may designate another party as Registrant or Administrative Contact for your domain name, however, you retain all rights to the domain name granted to you under this Agreement until the termination of this Agreement, expiration, cancellation, or deletion of the domain name or transfer to another registrar, including the right to terminate the Trustee Agreement at any time.
In rare cases, for certain ccTLDs, the use of, and subscription to, our Trustee Services may be required in order for us to manage your domain name regardless of whether you are able to satisfy the Registry requirements (for example, including, but not limited to: .CW, .COM.AR, .EE, .RS, .AL, .BG, .GE, .COM.BN, .IQ, .SK, .CL).
By ordering Trustee Services, you agree to be bound by the terms of the Trustee Services Agreement, which are incorporated herein and made part of this Agreement by reference.
You may, at your complete and sole discretion, revoke such designation and Trustee Services without notice by submitting a request in writing to us through the support ticket system or other written method. In no case will you be entitled to a refund in full or pro-rata for any part of the term of the Trustee Service not fulfilled.
10. Private Registration
We may, from time to time, make available private registration services ("Private Registration Services"). Private registration provides you with the option of registering a domain name in TLDs that allow such registration, in the name of a 3rd party whose contact information will be displayed in the public WHOIS database instead of your contact information. By ordering Private Registration Services, you agree to be bound by the terms of the WHOIS Privacy Agreement, which is incorporated herein and made part of this Agreement by reference.
You may, at your complete and sole discretion, revoke such Private Registration Services without notice by submitting a request in writing to us through the support ticket system or other written method. In no case, will you be entitled to a refund in full or pro-rata, for any part of the term of the Private Registration Services not fulfilled.
11. IDNs, Accuracy and Functionality of non-Latin Characters
You acknowledge and agree that we cannot guarantee the accuracy and functionality of non-ASCII character languages such as Chinese, Korean, and more ("Internationalized Domain Names" or "IDNs"). We cannot guarantee that IDNs will be accessible by internet users or that they will be translated properly by the internationalized domain name system into readable punycode. Further, we make available on the Site translation tools provided by 3rd parties such as Google and that these tools are treated as 3rd Party Services under your agreements with us. We will in no way be liable for the use of 3rd Party Services used for translation. We will also not be liable for suspension, modification, or cancellation of your IDNs in order to comply with current or future ICANN or the Internet Engineering Task Force ("IETF") rules, regulations, or technical standards that apply to IDN registrations or renewals.
12. Transfers
You are able to transfer domain names to or from us according to the terms and transfer policies of the respective Registry for the TLD of the domain name you wish to transfer. Each Registry has its own unique transfer policy which we adhere to. For all TLDs under ICANN sponsorship, you may find more information on the transfer policy that we are required to follow for all TLDs under ICANN sponsorship here:
http://www.icann.org/en/resources/registrars/transfers
In order to determine who the sponsoring registrar currently is for your domain name, please visit: http://www.internic.net/whois.html
In order to protect your domain names, we place a transfer lock on domain names in many TLDs automatically when they are registered or renewed with us. In order to transfer to another registrar, you must remove this transfer lock. You are able to do this from your account on the Site.
If you purchased Trustee Services or Private Registration Services from us when registering or renewing the domain name you would like to transfer out, we must cancel these services, and you are required to replace any of our information, documentation, or our Trustee's information and/or documentation in relation to these services with your own information, before the transfer out will be approved by us.
You acknowledge that when cancelling these services, this action may qualify as an ownership change or other update to the domain name which may incur additional fees or require you to renew the domain name with us prior to transferring the domain name to another registrar. There will be no refund for partially fulfilled terms for Trustee Services or Private Registration Services.
In no event, shall we be liable for the failure of a transfer or loss of your domain name if the transfer is initiated close to the end of the registration term, the transfer is not approved by the Registrant or Administrative Contact of the domain name, the fees for the Service remain unpaid or are in dispute, or any other reason outlined by ICANN or the Registry's transfer policies.
13. Fees, Refunds, and Cancellation Fees
All Services under this Agreement are provided on a pre-paid or advanced basis.
The fees imposed by us under this Agreement are subject to change at any time, without notice, at our sole discretion. Such change shall be posted to the Site, with or without notice, and are effective as of the date of publication.
All fees under this Agreement are non-refundable, in whole or in part, unless the application for domain name registration or renewal is rejected due to the following reasons:
(a) the domain name is unavailable because it is already registered to another party, prohibited by the Registry's policies, or prohibited due to the violation of terms found in this Agreement or the Master Service Agreement;
(b) the TLD in which the domain name belongs has been discontinued, restricted due to government regulations or is no longer offered by us.
Domain registration requests made in any pre-registration, Sunrise, or Landrush phase are non-refundable, or are subject to a cancellation fee, unless your request is upgraded to an earlier phase, unavailable because it is registered by another party, requested in an earlier phase by another party or prohibited by the respective Registry's policies.
We reserve the right to charge a cancellation fee in the case that you submit a domain name registration or renewal application and disregard, ignore, overlook, mistake, or attempt to otherwise circumvent, the requirements imposed by the Registry or by us which cause your application to be incomplete or rejected.
Additionally, we reserve the right to charge processing fees for modifications ("Modification Fees") to your domain name, including, but not limited to, DNS changes, contact information changes to WHOIS information, and web forwarding changes. Generally, Modification Fees are not charged in relation to gTLDs. Modification Fees are common in relation to many ccTLDs.
Attention: we don’t issue any refund on services paid by crypto payment methods.
14. Renewal and Expiration of Services
You acknowledge that, even though we may provide an auto-renewal service for your convenience, it is your sole responsibility to keep your own records and to maintain your own reminders regarding when your Services are set to expire to ensure that your Renewal Fees are paid for the Services prior to the due date.
As a convenience to you, and not as a binding agreement, we may notify you via the primary email address provided in your Account, or from the control panel in your Account, when Fees for renewal of the Services are due ("Renewal Fees"). Renewal Fees are available in your Account at any time prior to the due date of the Renewal Fees. It is your responsibility to ensure that the Renewal Fees are paid in advance of the due date to prevent an interruption in Services or additional fees to restore the Services.
With respect to domain name registration services, we will send expiration reminder notices to the primary email address of the Account holder. However, such notices are a courtesy only and our failure to send such notices shall not create any responsibility, obligation, or liability for us.
You acknowledge that registry operators may have non-uniform Renewal Fee policies in place. As such, your Renewal Fee may be higher or lower than your initial registration fee or may be different between domain names in the same TLD. When possible, we will present the renewal fee to you upon your initial registration. If this is not possible, you may see what the Renewal Fee is by logging into your Account any time after the initial domain name registration and starting with the renewal process.
If you ordered additional services, including, but not limited to, Trustee Services, Private Registration Services, or any other services from us in conjunction with a domain name under this Agreement, those services shall be renewed at the same time as your domain name.
For certain ccTLDs, the due date of your Renewal Fees may be up to 60 days prior to the expiration date of the underlying domain name registration. Certain Registries require renewal up to 60 days in advance of the domain name expiration date. It is your responsibility to pay for your Renewal Fees in advance of the due date specified by us regardless of the domain name expiration date. Failure to pay your Renewal Fees prior to the due date may result in additional fees to restore the domain name, suspension, loss, cancellation, or deletion of the domain name according to the ccTLD registry's respective policy.
Additionally, you acknowledge that payment of certain ccTLDs exactly on the due date may also incur additional fees to restore the domain name, suspension, loss, cancellation, or deletion of the domain name.
We are not liable for your failure to pay the Renewal Fees prior to the due date specified by us.
Immediately after the expiration of a domain name and before the deletion of the domain name in the applicable Registry's database, you acknowledge that we may direct the domain name to name servers and/or IP addresses designated by us, including, without limitation, to no IP address or to an IP address which hosts a parking page or a search engine page that may display advertisements or other content, and you acknowledge that we may either leave your information intact or that we may change your information for the expired domain name so that you are no longer the listed as the Registrant or Administrative Contact of the expired domain name.
Renewal and Redemption Process for TLDs under ICANN Sponsorship: For a period of 29 days after the expiration of the term of your domain name, you acknowledge that we may provide a procedure by which your expired domain name may be renewed. You acknowledge and agree that we may, but is not obligated to, offer this process, called the Renewal Period ("RP". You acknowledge that you assume all risks and all consequences if you wait until close to, or after, the expiration of the original term of the domain name, to attempt to renew the domain name. You acknowledge and agree that we may make expired domain names available to third parties and that expired domain names may be re-registered to any party at any time.
You agree that we are not obliged to contact you to alert you that the Services are being terminated if you choose not to pay the redemption fee. After the end of the RGP, if you do not exercise your rights under this section, you agree that you have abandoned the domain name, and relinquish all rights to, and use of, the domain name.
You acknowledge that the renewal, redemption, and restoration processes available from ccTLD Registries are varied and are subject to each respective Registry's policies and procedures. In any case, we may or may not provide access to these processes, at its sole and absolute discretion.
15. Auto-Renewal
You acknowledge that, even though we may provide an auto-renewal service to you for your convenience, it is your sole responsibility to keep your own records and to maintain your own reminders regarding when your Services are set to expire to ensure that your Renewal Fees are paid for the Services prior to the due date, including any services provided for under the Master Service Agreement or any other agreement with us. We are in no way liable or responsible for failure of the auto-renewal service to pay your Renewal Fees to renew the Services by the due date.
16. Dispute Policies
As a condition to entering into this Agreement with us, you must agree to the Registry's policies and procedures for the applicable TLD for which you are submitting an application for domain name registration or renewal, and if applicable, the policies and procedures of ICANN. As such, you agree to be governed by the dispute resolution policies adopted and promulgated by each respective Registry which you enter into an agreement with under this Agreement.
By entering into this Agreement by submitting an application to us for any TLD under ICANN's sponsorship, you agree to be bound by the terms of ICANN's UDRP and URS Policies, which are incorporated herein and made part of this Agreement by reference.
17. Up to Date Information and its Use
You agree to provide current, complete, and accurate information about you, both with respect to your account information with us ("Account") and with respect to the WHOIS information for your domain names under this Agreement. You agree to maintain and update this information within seven (7) days of any change as needed to keep it current, complete, and accurate. With respect to the administrative, technical, and billing contacts for your domain names, you must submit the following: name, postal address, e-mail address, voice telephone number, and where available, fax number. You agree that the type of information you are required to provide may change and you acknowledge that, if you do not provide the newly required information, your Services under this Agreement may be suspended or terminated or may not be renewed. Failure to provide complete and accurate information may prevent you from obtaining the Services. You may provide information regarding the name servers assigned to your domain names and, if we are providing name server services to you, the DNS settings for the domain name. If you do not provide complete name server information, you agree that we may supply this information for you (and point your domain name to a website or IP address of our choosing) until such time as you elect to supply name server information.
You further agree that a public WHOIS database will be published, as required by ICANN and various Registries as part of their adopted WHOIS policies, containing the information you provide above in relation to this Agreement. The WHOIS database may publish information beyond many Registry requirements. You understand and acknowledge that a number of Registries, such as CIRA and Nominet, limit your information to be publicly displayed in their WHOIS databases; Our public WHOIS database may not. You acknowledge and agree that we will make available the Account information that you provide or that we otherwise maintain to the following parties: ICANN, various Registries, and other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name under this Agreement. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. Additionally, you acknowledge that ICANN, or various Registries, may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN's guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/index.html. You agree that we may make publicly available some, or all, of the information you provide, for purposes of inspection (such as through the WHOIS service), and other purposes as required or permitted by applicable laws.
You agree that your willful submission of inaccurate or unreliable information, your failure to update your information within seven (7) days or your failure to respond in seven (7) calendar days to inquiries by us concerning the accuracy of your Account information and WHOIS contact information or violations of any terms of this Agreement shall constitute a material breach of this Agreement and will be sufficient basis for suspension, cancellation, or termination of the domain name registration Services, including suspension, cancellation or deletion of the domain name, under this Agreement.
You understand that it is important for you to regularly monitor email sent to the email address associated with your account and WHOIS contact information because, among other reasons, if a dispute arises regarding your domain name or other related services, you may lose your rights to the domain name or your right to receive the Services if you do not respond appropriately to an email sent in conjunction therewith.
18. Ownership of Information and Data
You agree and acknowledge that we, NiceNIC.NET, or each respective Registry own all database, compilation, collective and similar rights, title and interests worldwide in our databases, and all information and derivative works generated from the databases.
In regards to the Services, you agree and acknowledge that we, NiceNIC.NET, or each respective Registry who provides the Services, owns the following information for those Services: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of the Services, other than the domain name being registered, the IP addresses of the primary name server and any secondary name servers for the domain name, and the corresponding names of those name servers. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.
19. Term and Termination
This Agreement shall commence on the first day that Services are paid and applied for and shall remain in force continuously and uninterrupted so long as your Services are active.
You may terminate this Agreement at any time. To terminate this Agreement, you must contact support and request termination. Upon termination, we shall terminate the Services. You acknowledge that we are required to retain certain records and information related to your Services according to local, state, country and international laws and will archive the information only as it is legally required to do so for this limited purpose.
We reserve the right to stop offering registration or renewal Services for any gTLD, sTLD, IDN, or ccTLD offered under this Agreement at any time. In such case that we stop offering the Services, you shall have the right to transfer the domain name to another registrar if this option is available. We shall not be liable in any way for its decision to stop offering the registration and renewal Services.
You agree that your failure to respond in seven (7) calendar days to inquiries by us concerning the accuracy of your Account information and WHOIS contact information or violations of any terms of this Agreement shall constitute a material breach of this Agreement and will be sufficient basis for suspension, cancellation, or termination of the domain name registration Services, including cancellation and deletion of the domain name, under this Agreement.
20. Additional Rights
We expressly reserve the right to deny, cancel, terminate, suspend, lock, or modify the Services provided under this Agreement, including cancellation and deletion of the domain name, or any other agreement with us for any reason, at our sole and absolute discretion, including, but not limited to the following: (i) to correct mistakes made in the offering and sale of the Services; (ii) to protect the stability of the Services and our systems; (iii) to address fraud and abuse issues; (iv) to comply with local, state, national, international laws, rules and regulations; (v) to comply with requests of law enforcement; (vi) to comply with a dispute resolution process; (vii) to avoid any civil or criminal liability; or (viii) to comply with registry or vendor requirements.
21. Indemnification
You agree to release, defend, indemnify and hold us harmless, our parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers, and employees from and against any and all claims, demands, liabilities, losses, damages, charges or costs, including reasonable attorney's fees, however so incurred arising out of or related in any way to a breach by you of any of the terms of this Agreement or your use of the Services ("Claims").
You further agree to indemnify, defend, and hold harmless applicable Registry operators (including, but not limited to, VeriSign Inc., Neustar, Inc., Public Interest Registry, Afilias Limited, Donuts, Rightside Registry, Uniregistry, Inc., Cocca, and other registry operators listed at http://www.icann.org/registries/listing.html) and all such parties' directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages, and reasonable legal fees and expenses) arising out of, or related to, the Services you are obtaining from us.
22. Warranty Disclaimer
WE, OUR SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED HEREUNDER, THE SITE OR ANY WEB SITES LINKED TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRAR. ALL SERVICES, AS WELL AS THE SITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO, AND USE OF, OUR SERVICES AND OUR SITE ARE ENTIRELY AT YOUR RISK. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US, OUR SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES CONSTITUTE LEGAL, FINANCIAL, OR TAX ADVICE AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE AS SUCH.
23. Limitations of Liability
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL INCLUDING , BUT NOT LIMITED TO ANY ERRORS OR TECHNICAL ISSUES OF ANY DOMAIN NAME REGISTRY OR OTHER THIRD PARTY PROVIDER, (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) OR LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.
YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) OR FOR ANY FINANCIAL OR ECONOMIC LOSS OR FOR LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL OR SIMILAR LOSSES, LOSS OF ANTICIPATED SAVINGS OR LOSS OR CORRUPTION OF DATA OR INFORMATION, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE USE OF THE SERVICES, BUT IN NO EVENT GREATER THAN THE AMOUNT FOR THE PRIOR 1 MONTH OF SERVICES PAID FOR UNDER THIS AGREEMENT.
24. General
You may not assign any of your rights or privileges, or delegate any of your duties or obligations hereunder, in whole or in part, by operation of law or otherwise, to any third party without our prior written consent. We may at any time assign, transfer, charge, sub-contract this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
NiceNIC.NET reserves the right, in its sole and absolute discretion, to change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time and without notice. Any such changes or modification shall be effective immediately upon posting to the Site. If you do not agree to be bound by this Agreement as last revised as indicated by the "Last Revised" date located at the bottom of this Agreement, do not use or continue to use the Services. You agree that your exclusive remedy is to transfer your Services to another registrar or request us to terminate your Services under this Agreement. NiceNIC.NET may occasionally notify you of changes or modifications to this Agreement or the Services by email so it is very important that you keep your account information current and up to date. NiceNIC.NET is not responsible and assumes no liability for your failure to receive an email notification if such failure results from inaccurate or out-dated account information.
This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior understandings and agreements between the parties, whether written or oral, regarding the subject matter herein. Any of the provisions of this Agreement which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable the remaining provisions hereof or affecting the validity or unenforceability of any of the terms of this Agreement in any other jurisdiction. A waiver by either party of a breach or violation of any provision of this Agreement will not constitute or be construed as a waiver of any subsequent breach or violation of that provision or as a waiver of any breach or violation of any other provision of this Agreement. The headings contained in this Agreement are for convenience only and shall not affect meaning or interpretation of this Agreement.
25. Notices
You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the Account and/or WHOIS information you have provided.
26. Governing Law
This Agreement and its subject matter shall be governed in accordance with the laws of Hong Kong and subject to the exclusive jurisdiction of the Hong Kong courts without regard to conflict of laws and principles contained therein with the exception of disputes related to this Agreement which fall under UDRP, URS, or similar dispute resolution process as defined by various Registry policies incorporated or made reference to herein.
Policy on Transfer of Registrations between Registrars
A. Holder-Authorized Transfers
1. Registrar Requirements
Registered Name Holders must be able to transfer their domain name registrations between Registrars provided that the Gaining Registrar's transfer process meets the minimum standards of this policy and that such transfer is not prohibited by ICANN or Registry policies. Inter-Registrar domain name transfer processes must be clear and concise in order to avoid confusion. Further, Registrars should make reasonable efforts to inform Registered Name Holders of, and provide access to, the published documentation of the specific transfer process employed by the Registrars.
1.1 Transfer Authorities
The Administrative Contact and the Registered Name Holder, as listed in the Losing Registrar's or applicable Registry's (where available) publicly accessible WHOIS service are the only parties that have the authority to approve or deny a transfer request to the Gaining Registrar. In the event of a dispute, the Registered Name Holder's authority supersedes that of the Administrative Contact.
Registrars may use Whois data from either the Registrar of Record or the relevant Registry for the purpose of verifying the authenticity of a transfer request; or from another data source as determined by a consensus policy.
2. Gaining Registrar Requirements
For each instance where a Registered Name Holder requests to transfer a domain name registration to a different Registrar, the Gaining Registrar shall:
2.1 Obtain express authorization from either the Registered Name Holder or the Administrative Contact (hereafter, "Transfer Contact"). Hence, a transfer may only proceed if confirmation of the transfer is received by the Gaining Registrar from the Transfer Contact.
2.1.1 The authorization must be made via a valid Standardized Form of Authorization (FOA). There are two different FOA's available at the ICANN website. The FOA labeled "Initial Authorization for Registrar Transfer" must be used by the Gaining Registrar to request an authorization for a registrar transfer from the Transfer Contact. The FOA labeled "Confirmation of Registrar Transfer Request" may be used by the Registrar of Record to request confirmation of the transfer from the Transfer Contact.
The FOA shall be communicated in English, and any dispute arising out of a transfer request shall be conducted in the English language. Registrars may choose to communicate with the Transfer Contact in additional languages. However, Registrars choosing to exercise such option are responsible for the accuracy and completeness of the translation into such additional non-English version of the FOA.
2.1.2 In the event that the Gaining Registrar relies on a physical process to obtain this authorization, a paper copy of the FOA will suffice insofar as it has been signed by the Transfer Contact and further that it is accompanied by a physical copy of the Registrar of Record's Whois output for the domain name in question.
2.1.2.1 If the Gaining Registrar relies on a physical authorization process, then the Gaining Registrar assumes the burden of obtaining reliable evidence of the identity of the Transfer Contact and maintaining appropriate records proving that such evidence was obtained. Further the Gaining Registrar also assumes the burden for ensuring that the entity making the request is indeed authorized to do so. The acceptable forms of physical identity are:
Notarized statement
Valid Drivers license
Passport
Article of Incorporation
Military ID
State/Government issued ID
Birth Certificate
2.1.3 In the event that the Gaining Registrar relies on an electronic process to obtain this authorization the acceptable forms of identity would include:
Electronic signature in conformance with national legislation, in the location of the Gaining Registrar (if such legislation exists).
Consent from an individual or entity that has an email address matching the Transfer Contact email address.
The Registrar of Record may not deny a transfer request solely because it believes that the Gaining Registrar has not received the confirmation set forth above.
A transfer must not be allowed to proceed if no confirmation is received by the Gaining Registrar. The presumption in all cases will be that the Gaining Registrar has received and authenticated the transfer request made by a Transfer Contact.
2.2 Request, by the transmission of a "transfer" command as specified in the Registrar Tool Kit, that the Registry Operator database be changed to reflect the new Registrar.
2.2.1 Transmission of a "transfer" command constitutes a representation on the part of the Gaining Registrar that the requisite authorization has been obtained from the Transfer Contact listed in the authoritative Whois database.
2.2.2 The Gaining Registrar is responsible for validating the Registered Name Holder requests to transfer domain names between Registrars. However, this does not preclude the Registrar of Record from exercising its option to independently confirm the Registered Name Holder's intent to transfer its domain name to the Gaining Registrar in accordance with Section 3 of this policy.
3. Obligations of the Registrar of Record
A Registrar of Record can choose independently to confirm the intent of the Registered Name Holder when a notice of a pending transfer is received from the Registry. The Registrar of Record must do so in a manner consistent with the standards set forth in this agreement pertaining to Gaining Registrars. In order to ensure that the form of the request employed by the Registrar of Record is substantially administrative and informative in nature and clearly provided to the Transfer Contact for the purpose of verifying the intent of the Transfer Contact, the Registrar of Record must use the FOA.
The FOA shall be communicated in English, and any dispute arising out of a transfer request, shall be conducted in the English language. Registrars may choose to communicate with the Transfer Contact in additional languages. However, the Registrar choosing to exercise such option is responsible for the accuracy and completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes and procedures set forth in this policy. This includes but is not limited to the requirement that no Registrar shall add any additional information to the FOA used to obtain the consent of the Transfer Contact in the case of a transfer request.
This requirement does not preclude the Registrar of Record from marketing to its existing customers through separate communications.
The FOA should be sent by the Registrar of Record to the Transfer Contact as soon as operationally possible, but must be sent not later than twenty-four (24) hours after receiving the transfer request from the Registry Operator.Failure by the Registrar of Record to respond within five (5) calendar days to a notification from the Registry regarding a transfer request will result in a default "approval" of the transfer.
In the event that a Transfer Contact listed in the Whois has not confirmed their request to transfer with the Registrar of Record and the Registrar of Record has not explicitly denied the transfer request, the default action will be that the Registrar of Record must allow the transfer to proceed.
Upon denying a transfer request for any of the following reasons, the Registrar of Record must provide the Registered Name Holder and the potential Gaining Registrar with the reason for denial. The Registrar of Record may deny a transfer request only in the following specific instances:
Evidence of fraud
UDRP action
Court order by a court of competent jurisdiction
Reasonable dispute over the identity of the Registered Name Holder or Administrative Contact
No payment for previous registration period (including credit card charge-backs) if the domain name is past its expiration date or for previous or current registration periods if the domain name has not yet expired. In all such cases, however, the domain name must be put into "Registrar Hold" status by the Registrar of Record prior to the denial of transfer.
Express written objection to the transfer from the Transfer Contact. (e.g. - email, fax, paper document or other processes by which the Transfer Contact has expressly and voluntarily objected through opt-in means)
A domain name was already in “lock status” provided that the Registrar provides a readily accessible and reasonable means for the Registered Name Holder to remove the lock status.
A domain name is in the first 60 days of an initial registration period.
A domain name is within 60 days (or a lesser period to be determined) after being transferred (apart from being transferred back to the original Registrar in cases where both Registrars so agree and/or where a decision in the dispute resolution process so directs).
Instances when the requested change of Registrar may not be denied include, but are not limited to:
Nonpayment for a pending or future registration period
No response from the Registered Name Holder or Administrative Contact.
Domain name in Registrar Lock Status, unless the Registered Name Holder is provided with the reasonable opportunity and ability to unlock the domain name prior to the Transfer Request.
Domain name registration period time constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer.
General payment defaults between Registrar and business partners / affiliates in cases where the Registered Name Holder for the domain in question has paid for the registration.
The Registrar of Record has other mechanisms available to collect payment from the Registered Name Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the Registrar of Record must not employ transfer processes as a mechanism to secure payment for services from a Registered Name Holder. Exceptions to this requirement are as follows:
(i) In the case of non-payment for previous registration period(s) if the transfer is requested after the expiration date, or
(ii) In the case of non-payment of the current registration period, if transfer is requested before the expiration date.
4. Registrar Coordination
Each Registrar is responsible for keeping copies of documentation, including the FOA and the Transfer Contacts response thereto, that may be required for filing and supporting a dispute under the dispute resolution policy. Gaining Registrars must maintain copies of the FOA as received from the Transfer Contact as per the standard document retention policies of the contracts. Copies of the reliable evidence of identity must be kept with the FOA.
Both the Gaining Registrar and the Registrar of Record must provide the evidence relied on for the transfer during and after the applicable inter-registrar domain name transaction(s). Such information must be provided when requested by, and only by, the other Registrar that is party to the transfer transaction. Additionally, ICANN, the Registry Operator, a court or authority with jurisdiction over the matter or a third party dispute resolution panel may also require such information within five (5) days of the request.
The Gaining Registrar must retain, and produce pursuant to a request by a Losing Registrar, a written or electronic copy of the FOA. In instances where the Registrar of Record has requested copies of the FOA, the Gaining Registrar must fulfill the Registrar of Records request (including providing the attendant supporting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds for reversal by the Registry Operator or the Dispute Resolution Panel in the event that a transfer complaint is filed in accordance with the requirements of this policy.
If either a Registrar of Record or a Gaining Registrar does not believe that a transfer request was handled in accordance with the provisions of this policy, then the Registrar may initiate a dispute resolution procedure as set forth in Section C of this policy.
For purposes of facilitating transfer requests, Registrars should provide and maintain a unique and private email address for use only by other Registrars and the Registry:
i. This email address is for issue related to transfer requests and the procedures set forth in this policy only.
ii. The email address should be managed to ensure messages are received by someone who can respond to the transfer issue.
iii. Messages received at such email address must be responded to within a commercial reasonable timeframe not to exceed seven (7) calendar days.
5. EPP - based Registry Requirements for Registrars
In EPP-based gTLD Registries, Registrars must follow the requirements set forth below.
Registrars must provide the Registered Name Holder with the unique "AuthInfo" code within five (5) calendar days of the Registered Name Holder's initial request if the Registrar does not provide facilities for the Registered Name Holder to generate and manage their own unique "AuthInfo" code.
Registrars may not employ any mechanism for complying with a Registered Name Holder's request to obtain the applicable "AuthInfo Code" that is more restrictive than the mechanisms used for changing any aspect of the Registered Name Holder's contact or name server information.
The Registrar of Record must not refuse to release an "AuthInfo Code" to the Registered Name Holder solely because there is a dispute between the Registered Name Holder and the Registrar over payment.
Registrar-generated "AuthInfo" codes must be unique on a per-domain basis.
The "Auth-Info" codes must be used solely to identify a Registered Name Holder, whereas the FOA's still need to be used for authorization or confirmation of a transfer request, as described in Section 2 and Section 4 of this policy.
6. Registry Requirements
Upon receipt of the "transfer" command from the Gaining Registrar, Registry Operator will transmit an electronic notification to both Registrars. In the case of those Registries that use electronic mail notifications, the response notification may be sent to the unique email address established by each Registrar for the purpose of facilitating transfers.
The Registry Operator shall complete the requested transfer unless, within five (5) calendar days, Registry Operator receives a NACK protocol command from the Registrar of Record.
When the Registry's database has been updated to reflect the change to the Gaining Registrar, Registry Operator will transmit an electronic notification to both Registrars. The notification may be sent to the unique email address established by each Registrar for the purpose of facilitating transfers or such other email address agreed to by the parties.
The Registry Operator shall undo a transfer if, after a transfer has occurred, the Registry Operator receives one of the notices as set forth below. In such case, the transfer will be reversed and the domain name reset to its original state. The Registry Operator must undo the transfer within five (5) calendar days of receipt of the notice except in the case of a Registry dispute decision, in which case the Registry Operator must undo the transfer within fourteen calendar days unless a court action is filed. The notice required shall be one of the following:
i. Agreement of the Registrar of Record and the Gaining Registrar sent by email, letter or fax that the transfer was made by mistake or was otherwise not in accordance with the procedures set forth in this policy;
ii. The final determination of a dispute resolution body having jurisdiction over the transfer; or
iii. Order of a court having jurisdiction over the transfer.
7. Records of Registration
Each Registrar shall require its customer, the Registered Name Holder, to maintain its own records appropriate to document and prove the initial domain name registration date.
8. Effect on Term of Registration
The completion by Registry Operator of a holder-authorized transfer under this Part A shall result in a one-year extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) years.
B. ICANN-Approved Transfers
Transfer of the sponsorship of all the registrations sponsored by one Registrar as the result of (i) acquisition of that Registrar or its assets by another Registrar, or (ii) lack of accreditation of that Registrar or lack of its authorization with the Registry Operator, may be made according to the following procedure:
(a) The gaining Registrar must be accredited by ICANN for the Registry TLD and must have in effect a Registry-Registrar Agreement with Registry Operator for the Registry TLD.
(b) ICANN must certify in writing to Registry Operator that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual or imminent business failure of a Registrar.
Upon satisfaction of these two conditions, Registry Operator will make the necessary one-time changes in the Registry database for no charge, for transfers involving 50,000 name registrations or fewer. If the transfer involves registrations of more than 50,000 names, Registry Operator will charge the gaining Registrar a one-time flat fee of US$ 50,000.
C. Transfer Dispute Resolution Policy
Procedures for handling disputes concerning inter-registrar transfers are set forth in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operators and ICANN accredited Registrars.
Registrar Transfer Dispute Resolution Policy
In any dispute relating to Inter-Registrar domain name transfers, Registrars are encouraged to first of all attempt to resolve the problem among the Registrars involved in the dispute. In cases where this is unsuccessful and where a registrar elects to file a dispute, the following procedures apply. It is very important for Registrars to familiarize themselves with the Transfer Dispute Resolution Policy (TDRP) as described in this document before filing a dispute. Transfer dispute resolution fees can be substantial. It is critical that Registrars fully understand the fees that must be paid, which party is responsible for paying those fees and when and how those fees must be paid.
The TDRP and corresponding procedures will apply to all domain names for which transfer requests are submitted on or after the effective date of this policy.
1. Definitions
1.1 Dispute Resolution Panel
The Dispute Resolution Panel shall mean an administrative panel appointed by a Dispute Resolution Provider ("Provider") to decide a Request for Enforcement concerning a dispute under this Dispute Resolution Policy.
1.2 Dispute Resolution Provider
1.3 The Dispute Resolution Provider must be an independent and neutral third party that is neither associated nor affiliated with either Registrar involved in the dispute or the Registry Operator under which the disputed domain name is registered. ICANN shall have the authority to accredit one or more independent and neutral Dispute Resolution Providers according to criteria developed in accordance with this Dispute Resolution Policy.
1.4 FOA
Form of Authorization - The standardized form of consent that the Gaining Registrar and Registrar of Record are required to use to obtain authorization from the Registrant or Administrative Contact in order to properly process the transfer of domain name sponsorship from one Registrar to another.
1.5 Gaining Registrar
The Registrar that submitted to the Registry the request for the transfer of a domain sponsorship from the Registrar of Record.
1.6 Registrar of Record
The Registrar of Record for a domain name for which the Registry received a transfer of sponsorship request.
1.7 Registrant
The Registrant is the individual or organization that registers a specific domain name. This individual or organization holds the right to use that specific domain name for a specified period of time, provided certain conditions are met and the registration fees are paid. This person or organization is the "legal entity" bound by the terms of the relevant service agreement with the Registry operator for the TLD in question.
1.8 Registry (Registry Operator)
The organization authorized by ICANN to provide registration services for a given TLD to ICANN-accredited Registrars.
1.9 Supplemental Rules
The Supplemental Rules shall mean those rules adopted by the Registry Operator, in the case of First Level disputes (as set forth below), or the Provider administering a proceeding (in the case of all other disputes) to supplement this Policy. Supplemental Rules shall be consistent with this Dispute Resolution Policy and shall cover topics such as fees, word and page limits and guidelines, the means for communicating with the Provider, and the form of cover sheets.
1.10 Transfer Policy
The Policy on Transfer of Sponsorship of Registrations between Registrars which is in force as part of the Registry-Registrar Agreement executed between a Registrar and the Registry, as well as the Registrar Accreditation Agreement which is executed between ICANN and all ICANN- accredited registrars.
2. Dispute Resolution Process
There are two possible steps to the Registrar Transfer Dispute Resolution Process. A Registrar may elect one or both of the steps pursuant to the rules below. In the event a Registrar either files a Request for Enforcement (as described below) with a Second-Level Dispute Provider, or files an Appeal (as described below) with a Dispute Provider, it may not revert to the First-Level Registry option later for the same filing or matter presented for resolution.
2.1 First Level - Registry Operator
A Registrar may choose to file a dispute directly with the relevant Registry Operator. Any decisions made by the Registry Operator may be appealed to a Dispute Resolution Provider. A Registrar may file a dispute directly to a Dispute Resolution Provider; however, in that case the filing Registrar would forfeit any right to appeal the decision of the Dispute Resolution Provider.
2.2 Second-Level - Dispute Resolution Panel
The primary intent of this step is to provide a means for registrars to appeal decisions made by the Registry at the first level of the dispute resolution process, but it may also be used as the first step if a registrar so elects. The decision of the Dispute Resolution Panel is final, except as it may be appealed to a court of competent jurisdiction.
2.3 Statute of Limitations
A dispute must be filed no later than six (6) months after the alleged violation of the Transfer Policy. In the case where a Registrar of Record alleges that a transfer was in violation of this Policy, the date the transfer was completed shall be deemed the date in which the "alleged violation" took place. In the case where a Gaining Registrar alleges that a transfer should have taken place, the date in which the NACK (as defined below) was received by the Registry, shall be deemed the date in which the "alleged violation" took place.
3. Dispute Procedures at the First Level (Registry)
3.1 Registrar files a Request for Enforcement with the applicable Registry Operator
3.1.1 Either the Gaining or Registrar of Record ("Filing Registrar") may submit a Request for Enforcement. This must be done in accordance with the Supplemental Rules adopted by the applicable Registry Operator.
3.1.2 The Request for Enforcement shall be submitted to the Registry and to the Respondent (the Non-filing Registrar) in electronic form and shall:
(i) Request that the Request for Enforcement be submitted for decision in accordance with the Registrar Transfer and Dispute Resolution Policy and the applicable Supplemental Rules;
(ii) Provide the name, postal and e-mail addresses, and the telephone and fax numbers of the Filing Registrar and those representatives authorized by the Filing Registrar to act on behalf of the Filing Registrar in the administrative proceeding;
(iii) Provide the name of the Respondent and all information (including any postal and e-mail addresses and telephone and fax numbers) known to Filing Registrar regarding how to contact Respondent or any representative of Respondent, including contact information based on pre-complaint dealings;
(iv) Specify the domain name(s) that is/are the subject of the Request for Enforcement;
(v) Specify the incident(s) that gave rise to the dispute;
(vi) Describe, in accordance with the Policy, the grounds on which the Request for Enforcement is based;
(vii) State the specific remedy being sought (either approval or denial of the transfer);
(viii) Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the complaint;
(ix) Certify that a copy of the Request for Enforcement, together with the cover sheet as prescribed by the Provider's Supplemental Rules, has been sent or transmitted to the Respondent; and
(x) Conclude with the following statement followed by the signature of the Complainant or its authorized representative:
"<insert name of Filing Registrar> agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute's resolution shall be solely against the Respondent and waives all such claims and remedies against the Registry Operator as well as its directors, officers, employees, and agents, except in the case of deliberate wrongdoing or gross negligence."
"<insert name of Filing Registrar> certifies that the information contained in this Request for Enforcement is to the best of Filing Registrar's knowledge complete and accurate, that this Request for Enforcement is not being presented for any improper purpose, such as to harass, and that the assertions in this Request for Enforcement are warranted under this Policy and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument."3.1.3 The Request for Enforcement may relate to more than one domain name, provided that the domain names involve the same Filing Registrar and Respondent and that the claims arise out of the same or similar factual circumstances.
3.1.4 The Request for Enforcement shall annex the following documentary evidence (as applicable and available) in electronic form if possible, together with a schedule indexing such evidence:
(i) For the Gaining Registrar:
a. Completed Form of Authorization ("FOA")
b. Copy of the Whois output for the date transfer was initiated, which was used to identify the authorized Transfer Contacts
c. Copy of evidence of identity used
d. Copy of a bilateral agreement, final determination of a dispute resolution body or court order in cases when the Registrant of Record is being changed simultaneously with a Registrar Transfer
e. Copies of all communications made to the Registrar of Record with regard to the applicable transfer request along with any responses from the Registrar of Record
(ii) For the Registrar of Record:
a. Completed FOA from Registrar of Record if applicable
b. Copy of the Whois output for the date the transfer was initiated
c. Relevant history of Whois modifications made to the applicable registration
d. Evidence of one of the following if a transfer was denied:
fraud;
UDRP action;
court order;
Registrant or administrative contact identity dispute in accordance with Section 4 [Registrar of Record Requirements]
applicable payment dispute along with evidence that the registration was put on HOLD status;
express written objection from the Registered Name Holder or Administrative Contact;
LOCK status along with proof of a reasonable means for the registrant to remove LOCK status as per Section __of Exhibit __ to this Agreement;
domain name within 60 days of initial registration; or
domain name within 60 days of a prior transfer.
e. Copies of all communications made to the Gaining Registrar with regard to the applicable transfer request along with any responses from the Gaining Registrar.
3.2 The Non-Filing Registrar ("Respondent") shall have seven (7) calendar days from receipt of the Request for Enforcement to prepare a Response to the Request for Enforcement ("Response").
3.2.1 The Response shall be submitted in electronic form to both the Registry and Filing Registrar and shall:
(i) Respond specifically to the statements and allegations contained in the Request for Enforcement (This portion of the response shall comply with any word or page limit set forth in the Dispute Resolution Provider's Supplemental Rules.);
(ii) Provide the name, postal and e-mail addresses, and the telephone and fax numbers of the Respondent (non-filing Registrar);
(iii) Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the Request for Enforcement;
(iv) State that a copy of the Response has been sent or transmitted to the Filing Registrar;
(v) Conclude with the following statement followed by the signature of the Respondent or its authorized representative:
"Respondent certifies that the information contained in this Response is to the best of Respondent's knowledge complete and accurate, that this Response is not being presented for any improper purpose, such as to harass, and that the assertions in this Response are warranted under these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument."; and
(vi) Annex any documentary or other evidence upon which the Respondent relies, together with a schedule indexing such documents.
3.2.2 At the request of the Respondent, the Registry Operator may, in exceptional cases, extend the period of time for the filing of the response, but in no case may the extension be more than an additional five (5) calendar days. The period may also be extended by written stipulation between the Parties, provided the stipulation is approved by the Registry Operator.
3.2.3 If a Respondent does not submit a response, in the absence of exceptional circumstances, the Registry Operator shall decide the dispute based upon the Request for Enforcement.
3.3 Registry Operator must review all applicable documentation and compare registrant/contact data with that contained within the authoritative Whois database and reach a conclusion not later than 14 days after receipt of the Response.
3.3.1 If the data included in the Request for Enforcement does not match the data listed in the authoritative Whois, the Registry Operator must contact each Registrar and require additional documentation.
3.3.2 If the Gaining Registrar cannot provide a complete FOA with data matching that contained within the authoritative Whois database, then the Registry Operator shall find that the transfer should be reversed. In the case of a thick Registry, if the Registrar of Record's Whois is not accessible or invalid, the Registry Operator's Whois should be used. In the case of a thin Registry, if the Registrar of Record's Whois is not accessible or is invalid, the Registry Operator must notify ICANN and place the dispute on hold until such time as the specific problem is resolved by ICANN.
3.3.3 In the case where a Registrar of Record denies a request for a domain name transfer ("NACKs"), the Registrar of Record must provide evidence of one of the factors for which it is allowed to NACK. If the Registrar of Record cannot provide evidence that demonstrates any of the factors, and the Gaining Registrar provides to the Registry a complete FOA with data matching that contained within the authoritative Whois database, then the transfer must be approved to be processed.
3.3.4 If the data provided by neither Registrar appears to be conclusive, then the Registry shall issue a finding of "no decision." If the data provided to the Registry is complete and provides sufficient basis for a determination based on the Policy, the Registry may not issue a finding of "no decision." Either Registrar shall be able to appeal such issue to a Second-Level Dispute Resolution Provider in accordance with the provisions set forth below.
3.4 Fees for First-Level Dispute Resolution Service
3.4.1 There is no filing fee assessed to the Filing Registrar at the time the Request for Enforcement is submitted to the Registry Operator.
3.4.2 The Registrar that does not prevail in the dispute will be assessed a fee to be set by the Registry Operator. Such fee shall be set forth in the Registry's Supplemental Rules that are in effect at the time that the Request for Enforcement was filed.
3.4.3 This fee shall not be passed on to the Registrant.
3.4.4 This fee will be charged after a final decision is rendered by the Registry. In the case that the Registry issues a finding of "no decision," the Registry Operator shall collect the applicable fees from the Filing Registrar.
3.5 Availability of Court Proceedings
The procedures set forth above shall not prevent a Registrar from submitting a dispute to a court of competent jurisdiction for independent resolution before such an administrative proceeding is commenced or after such proceeding is concluded. If a Registry Operator decides a domain name registration should be transferred (either to the Gaining Registrar, or alternatively, back from the Gaining Registrar to the Registrar of Record), the Registry will wait fourteen (14) calendar days after it is informed of the decision before implementing that decision. The Registry will then implement the decision unless it has received during that fourteen (14) calendar day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that a lawsuit has commenced with respect to the impacted domain name(s). If such documentation is received by the Registry Operator within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented to the Registry Operator that the parties have resolved such dispute; (ii) evidence is presented to the Registry Operator that the lawsuit has been dismissed or withdrawn; or (iii) the Registry Operator receives a copy of an order from such court.
4. Dispute Procedures at the Second Level with a Dispute Resolution Provider
4.1 The services of the Dispute Resolution Panel may be invoked in any of the following two situations:
(i) A Filing Registrar may elect to skip the First-Level dispute process at Registry level and submit a Request for Enforcement directly with a Dispute Resolution Provider;
(ii) The non-prevailing Registrar in a First-Level dispute proceeding may submit an appeal of the applicable Registry Operator's decision to the Dispute Resolution Provider. Additionally, in the case where the result in the First-Level dispute process is a "no-decision," either Registrar may file an Appeal of such decision to a Dispute Resolution Provider.
4.2 Initial Request for Enforcement
4.2.1 In the event that the Filing Registrar elects to submit a Request for Enforcement to the Dispute Resolution Provider in lieu of submitting a Request for Enforcement to the applicable Registry Operator, the obligations and responsibilities set forth in Sections 3.1 through 3.2 above shall apply.
4.2.2 The Dispute Resolution Panel appointed by the Dispute Resolution Provider must review all applicable documentation and compare registrant/contact data with that contained within the authoritative Whois database and reach a conclusion not later than thirty (30) days after receipt of Response from the Respondent.
(i) If the data does not match the data listed in authoritative Whois, the Dispute Resolution Panel should contact each Registrar and require additional documentation.
(ii) If the Gaining Registrar is unable to provide a complete FOA with data matching that contained within the authoritative Whois database at the time of the transfer request, then the Dispute Resolution Panel shall find that the transfer should be reversed. In the case of a thick Registry, if the Registrar of Record's Whois is not accessible or invalid, the applicable Registry Operator's Whois should be used. In the case of a thin Registry, if the Registrar of Record's Whois is not accessible or is invalid, the Dispute Resolution Provider may place the dispute on hold until such time as the problem is resolved.
(iii) In the case where a Registrar of Record NACKs a transfer, the Registrar of Record must provide evidence of one of the factors for which it is allowed to NACK as set forth in Section 3.1.4 (ii) of this Dispute Resolution Policy. If the Registrar of Record cannot provide evidence that demonstrates any of the factors, and the Gaining Registrar provides to the Dispute Resolution Provider a complete FOA with data matching that contained within the authoritative Whois database at the time of the transfer request, then the transfer should be approved.
(iv) Unlike under the First-Level dispute process, the Dispute Resolution Panel may not issue a finding of "no decision." It must weigh the applicable evidence in light of the Transfer policies and determine, based on a preponderance of the evidence, which Registrar should prevail in the dispute and what resolution to the Request for Enforcement will appropriately redress the issues set forth in the Request for Enforcement.
(v) Resolution options for the Dispute Resolution Panel are limited to the following:
a. Approve Transfer
b. Deny the Transfer (or ordering the domain name be returned to the Registrar of Record in cases where a Transfer has already occurred)
4.3 Appeal of First Level Dispute Decision or Registry Operator Finding of "No-Decision."
4.3.1 In the event that the Registrar which does not prevail in the First-Level dispute is dissatisfied by the Registry-Operator's decision, such Registrar may file an appeal with a Dispute Resolution Provider, provided that such appeal is filed no later than fourteen (14) calendar days after the date on which the First-Level decision was issued.
4.3.2 In the event that the Registry Operator issues a finding of "no-decision" in accordance with Section 3.3.4 above, either Registrar may file an appeal of such decision with a Dispute Resolution Provider, provided that such appeal is filed no later than fourteen (14) calendar days after the date on which the First-Level decision was issued.
4.3.3 In either case, the document submitted by the Registrar to the Dispute Resolution Provider shall be referred to as an "Appeal."
4.3.4 The Appellant shall submit the Appeal in electronic form and shall:
(i) Request that the Appeal be submitted for decision in accordance with the Policy and these Rules;
(ii) Provide the name, postal and e-mail addresses, and the telephone and telefax numbers of the Appellant and of any representative authorized by the Appellant to act on behalf of the Appellant in the administrative proceeding;
(iii) Provide the name of the Appellee and all information (including any postal and e-mail addresses and telephone and telefax numbers) known to Appellee regarding how to contact Appellee or any representative of Appellee, including contact information based on pre-Request for Enforcement and pre-Appeal dealings;
(iv) Specify the domain name(s) that is/are the subject of the Appeal;
(v) Specify the incident(s) which gave rise to the dispute;
(vi) State the basis for such appeal, including specific responses to the findings of the Registry Operator in the First-Level Dispute process. (This portion of the response shall comply with any word or page limit set forth in the Dispute Resolution Provider's Supplemental Rules);
(vii) Specify, in accordance with the Policy, the remedies sought;
(viii) Identify any other related legal proceedings known to the Appellant that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the complaint;
(ix) State that a copy of the Appeal, together with the cover sheet as prescribed by the Dispute Resolution Provider's Supplemental Rules, has been sent or transmitted to the Appellee; and
(x) Conclude with the following statement followed by the signature of the Appellant or its authorized representative:
"Appellant agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute's resolution shall be solely against the Appellee and waives all such claims and remedies against the Dispute Resolution Provider and the Registry Operator as well as their directors, officers, employees, and agents, except in the case of deliberate wrongdoing or gross negligence."
"Appellant certifies that the information contained in this Appeal is to the best of Appellant's knowledge complete and accurate, that this Appeal is not being presented for any improper purpose, such as to harass, and that the assertions in this Appeal are warranted under this Policy and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument."
4.3.5 The Appeal may relate to more than one domain name, provided that the domain names involve the same decision issued by the Registry Operator for the First-Level Dispute.4.3.6 The Appeal shall annex any documentary evidence that was not already submitted to the Registry Operator during the First-Level Dispute.
4.3.7 A Dispute Resolution Provider must request all documentation relating to the First-Level Dispute from the applicable Registry Operator no later than seven (7) calendar days of receipt of the appeal. The Registry Operator shall submit such documentation to the Dispute Resolution Provider within seven (7) days of such request.
4.3.8 The Dispute Resolution Panel must review all applicable documentation and reach a conclusion not later than 30 calendar days after receipt of the Appeal.
(i) The Dispute Resolution Panel may submit questions to the Registry, the Appellant or Appellee.
(ii) Responses to all such questions must be received by the Dispute Resolution Panel within 7 days.
(iii) The Dispute Resolution Panel shall review each Appeal on a De Novo basis. Although the Dispute Resolution Panel is not bound by the findings of the Registry Operator in an Appeal, it shall have the discretion to consider such findings in reaching its own conclusions. The purpose of the Dispute Resolution Panel should be to make a determination as to whether the Appeal has merit based solely on the requirements of the current Transfer policy and determine the appropriate resolution to the issues presented.
Approval of a Transfer
Denial of the Transfer (or ordering the domain name be returned to the Registrar of Record in cases where a Transfer has already occurred)
4.4 Fees for Second-Level Dispute Resolution Service
4.4.1 In the case of either a Request for Enforcement or an Appeal filed at the Second Level, the applicable Dispute Resolution Provider shall determine the applicable filing fee ("Filing Fee"). The specific fees along with the terms and conditions governing the actual payment of such fees shall be included in the Dispute Resolution Provider's Supplemental Rules.
4.4.2 In the event that the Filing Registrar or Appellant, whichever applicable, does not prevail in a Second-Level dispute, the Filing Fees shall be retained by the Dispute Resolution Provider.
4.4.3 In the event that the Filing Registrar or Appellant, whichever applicable, prevails in a Second-Level dispute, the Respondent or Appellee, whichever applicable, must submit to the Dispute Resolution Provider, the Filing Fees within fourteen (14) calendar days after such decision. In such an event, the Dispute Resolution Provider shall refund to the Filing Registrar or Appellant, whichever applicable, the Filing Fees, no later than fourteen (14) calendar days after it receives the Filing Fees from the Respondent or Appellee. Such fees must be paid regardless of whether a Court Proceeding is commenced in accordance with Section 4.5 below. Failure to pay Filing Fees to the Dispute Resolution Provider may result in the loss of accreditation by ICANN.
4.5 Availability of Court Proceedings
The procedures set forth above shall not prevent a Registrar from submitting a dispute to a court of competent jurisdiction for independent resolution before such administrative proceeding is commenced or after such proceeding is concluded. If a Dispute Resolution Panel decides a domain name registration should be transferred (either to the Gaining Registrar, or alternatively, back from the Gaining Registrar to the Registrar of Record), such Registrar will wait fourteen (14) calendar days after it is informed of the decision before implementing that decision. The Registry will then implement the decision unless it has received from either of the parties to the dispute during that fourteen (14) calendar day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that a lawsuit has commenced with respect to the impacted domain name(s). If such documentation is received by the Registry, as applicable, within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented that the parties have resolved such dispute; (ii) evidence is presented that the lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the lawsuit or ordering certain actions with respect to the domain name.
NICENIC
Domain Reseller Agreement
Terms and Conditions
This Domain Name Registration Agreement is between NICENIC
INTERNATIONAL GROUP CO., LIMITED, trading as Domain Registrar,
and Domain Reseller.
You agree that Domain Registrar may modify this agreement in order
to comply with applicable law and the terms and conditions set forth
by ICANN or Registries.
1. Fees
Domain Registrar operates a credit system whereby you must have a
positive credit balance to perform transactions.
In special circumstances account charging may be allowed, however
you will be required to provide a direct debit authority.
When you receive fees from an end user for a registration or renewal
you should not unreasonably delay the processing of the transaction.
2. Domain Name Registrations
You agree to register name holders as the customer who has
requested and paid for the Domain.
You may not register Domain names in your own name or use this
method to gain an unlawful advantage over a customer from your
prior registration.
3. Domain Name Renewals
It is your responsibility to ensure your customer Domain names are
renewed.
It is your customers' responsibility to ensure they keep their contact
details up to date so you can notify them of pending renewals.
The Domain Registrar system provides an automated email reminder
service which is active by default and can be deactivated.
Regardless of whether the automated email reminders are active, the
Domain Registrar system will notify a customer by email 30 days, 15
days, 3 days prior to domain expiry date, overdue day and 15 days
after expiry. The email will be sent from your Reseller name and will
be sent to the name holder, billing and technical contacts.
Each ccTLD has its own Renewal Rule, you and your customers agree
to be bound by that suffix's Renewal Rule.
You agree to not involve Domain Registrar in any disputes relating to
gTLDs and ccTLD being deleted by Registry due to your not timely
renewal.
4. Domain Transfers
If you are transferring a Domain into Domain Registrar, you agree that
you do so with the name holder's authority and with your assurance
that the name holder understands the impact of such a change.
5. Contact Information
It is your responsibility to ensure your customer provides true and
accurate contact details for their Domain registrations and to update
details as they may change.
Domains found to be in breach of the requirement to provide true and
accurate contact details may be canceled or suspended without
warning.
6. Dispute Resolution
"Registrar Transfer Dispute Resolution Policy" can be found at
https://nicenic.net/support/print.php?IDCate=20&IDDoc=80
2 and
https://nicenic.net/support/print.php?IDCate=20&IDDoc=80
4.
Each ccTLD has its own dispute resolution policy and by registering a
domain name you and your customers agree to be bound by that
suffix's policy.
You agree to not involve Domain Registrar in any disputes relating to
Domain name ownership, fees or hosting.
If any dispute relating to a Domain name arises you agree to hold
Domain Registrar free of any liability for loss of business, loss of profit
or damages.
7. Domain Passwords
You agree to generate an EPP Auth Code in a reasonable timeframe
upon request.
You agree not to withhold a Domain password upon request.
8. Fair Use
You agree not to use Domain Registrar for:
(1) Mass whois queries (for the purposes of marketing activities
otherwise)
(2) Activities that defame, harm, harass, abuse or threaten third
parties
(3) Activities prohibited by the laws of the territories in which you
operate
If found to be in breach of this clause, Domain Registrar may
terminate service without warning.
If a third party alleges a breach of this clause Domain Registrar may
terminate service without warning.
9. Customer Support
Domain Registrar is a wholesale provider and does not provide end
user support.
The exception is where your customer is unable to make contact with
you, in which case we may charge a fee for handling their request.
You agree to provide support to your customers for billing and
administration, in a reasonable timeframe.
The exception is change of name holder requests which must be sent
to and actioned by Domain Registrar.
10. Business Continuity
If a Reseller is unable to process renewal transactions (after
instructed by a registrant and/or following a renewal payment) due to
an inability to credit their Reseller account, Domain Registrar may be
forced to establish a direct relationship with the reseller’s customers
in order to meet its obligations.
The Reseller agrees that when all options to ensure continuity of the
Reseller’s business have been exhausted, Domain Registrar may
directly contact the Reseller’s customers.
11. Payment Processing
Domain Registrar provides one or more gateways for accepting
payments, which include, but are not limited to: Paypal, Wire Transfer
for offline payments.
12. Limitation of Liability
Except as provided below, all terms, warranties, undertakings,
inducements and representations relating to the provision of any
Service or goods are excluded and Domain Registrar will not be liable
for any loss or damage (including consequential loss or damage)
however caused (whether by negligence or otherwise) in respect of
any Service inclusive of any software material hosted or designed by
Domain Registrar. However, Domain Registrar's liability for any breach
of such implied term or warranty will be limited at Domain Registrar's
option to the changes it makes or in any other way permitted by any
relevant legislation.
NiceNIC HK Reseller Agreement - HKIRC Accredited Registrar
Hong Kong Internet Registration Corporation Limited
Code of Practice for Registrars and Resellers
[Effective 12 January 2011]
1. Purpose
1.1 The Code of Practice for Registrars and Resellers (the "Code of Practice") has been adopted by the Hong Kong Internet Registration Corporation Limited ("HKIRC") and forms part of the Registrar Agreement. The Registrar shall ensure that any Reseller associated with the Registrar has read and accepted this Code of Practice.
1.2 The purpose of this Code of Practice is to promote and protect the interests of the domain name registration industry, Registrars and Resellers ("Suppliers") and Customers and Registrants, and is intended to support and promote competition in the industry. This Code of Practice intends to encourage best practices in the industry by:
i establishing minimum standards for dealings between Suppliers and Customers and Registrants;
ii preventing practices that undermine the reputation of the industry and the interests of Customers and Registrants;
iii establishing basic principles in relation to Complaint Handling by Suppliers; and
iv regulating advertising activities of Suppliers and their provision of information relating to domain name registration and related services to Registrants.
1.3 All capitalized terms in this Code of Practice have defined meanings which are set out in section 11 of this Code of Practice.
2. Compliance And Enforcement of this Code of Practice
2.1 Compliance with this Code of Practice is mandatory for all Suppliers.
2.2 The Registrar is responsible for enforcing this Code of Practice with its Resellers.
2.3 All Suppliers must provide proper customer service and shall respond to and handle any Complaints in a prompt and efficient manner in accordance with the Complaint Handling Principles.
2.4 Suppliers shall develop, maintain and adopt a system in accordance with the Complaint Handling Principles within their respective organizations.
2.5 Suppliers shall, upon request of HKIRC and within the requested time, provide to HKIRC or its authorised representatives information about their compliance systems associated with this Code of Practice.
2.6 Nothing in this Code of Practice is intended to derogate from any rights or causes of action a person may have under any law of any jurisdiction.
2.7 A breach of this Code is a breach under the Registrar Agreement and may result in the suspension or termination of a Supplier's accreditation or the termination of the Registrar Agreement.
3. Market Conduct
3.1 In handling a request from a Registrant for registration or renewal of a Domain Name, Suppliers must ensure Registrant satisfies or continue to satisfy the registration eligibility requirements of HKIRC in respect of the Domain Name as set out in the Registration Policies.
3.2 Suppliers shall only register or renew a Domain Name in accordance with the Registration Policies and shall be responsible to ensure that the necessary fees are paid by Registrants. Suppliers shall inform Registrants applying for Domain Name renewal before the relevant Domain Name expires that non-payment of renewal fees will lead to a black-out period and subsequent cancellation of a Domain Name registration.
3.3 Suppliers shall not register or renew Domain Names without a request from a Registrant and for the purpose of preventing a competitor of the Supplier from registering the Domain Name on behalf of the Registrant, or for the purpose of later offering this Domain Name to potential Customers and Registrants.
3.4 Suppliers shall not register Domain Names on their own behalf for the purpose of preventing any other Domain Name registration. A Supplier may however register Domain Names on its own behalf for its own genuine commercial and business use.
3.5 Suppliers shall only register or renew a Domain Name for a period not more than the maximum term allowed by HKIRC.
3.6 Suppliers shall be capable of promptly and accurately entering into its own records all relevant information regarding its Registrants and communicating all information to HKIRC as required.
3.7 Suppliers shall not be dishonest or act in bad faith towards Customers and Registrants or to potential Customers and Registrants.
4. Customer and Registrant Contact
4.1 The Registrar on record of a Domain Name shall maintain records of a Registrant's current Supplier and shall provide such records to HKIRC upon the registration of the Domain Name, together with any updates of such information.
4.2 A Supplier shall not send a renewal notice to a Registrant, or issue any other communication that might reasonably be construed by a Registrant to be a renewal notice, for a Domain Name unless the Registrar is the registrar on record for that Domain Name or the Reseller is the Reseller of the Domain Name.
4.3 A Supplier shall send a renewal notice to a Registrant reminding them of the need to renew a Domain Name not less than thirty (30) days, but not more than one hundred and twenty (120) days, prior to the date of expiration of a Domain Name.
4.4 A Supplier shall advise the Registrant of any change of its status, including any change of association of a Reseller with a different registrar.
4.5 A Supplier must fully disclose to the Registrant or Customer the following minimum information:
(a) details of the Supplier including:
(i) its company and business registration name under which the Supplier's business is conducted;
(ii) address of the registered office or principal place of business of the Supplier; and
(iii) email address and other means of contact and web site URL of the Supplier;
(b) the identity of the registrar being used by the Supplier (if the Supplier is not a registrar) including the trading name shown in the HKIRC list of registrars;
(c) the terms and conditions of registration between the Registrant and the Registrar (which must include the mandatory provisions requested under this Registrar Agreement);
(d) a copy of the Registration Policies, Domain Name Dispute Resolution Policy and Rules of Procedure, Published Policies or the URL link to it;
(e) the service standards and complaints handling procedures of the Supplier; and
(f) customer service support and contact information.
4.6 If the Registrar receives a Complaint about the accuracy of WHOIS data, the Registrar or its responsible Reseller shall on receiving, or receiving notice of, the Complaint shall make reasonable efforts to contact the Registrant to arrange for the information to be corrected.
4.7 Suppliers shall maintain information provided by Registrants as true and updated.
5. Service and Marketing efforts
5.1 All advertising by a Supplier about its Domain Name Services must comply with all applicable legislations and published standards.
5.2 Suppliers shall provide Customers with information about themselves and their services or advertising or promotional materials that is:
(i) clear;
(ii) accurate; and
(iii) not confusing, misleading or deceptive.
5.3 Suppliers must publish information about changes to any policy that may materially affect a Registrant's Domain Name and the related services provided by the Suppliers.
6. Restrictions
6.1 Suppliers shall not solicit or represent to any person that Suppliers enjoy access to services of HKIRC that are superior to that of any other Suppliers.
6.2 Suppliers shall not do, cause or omit to do anything which may harm the reputation, goodwill or business of HKIRC and/or the domain name registration industry.
7. Conduct of Employees, Agents, Contractors and Resellers
7.1 The appointment or engagement of Resellers by a Registrar shall not to any extent negate or minimise the responsibilities of a Registrar to comply with this Code of Practice. All Registrars shall remain responsible and liable for the acts or omissions of the Resellers and shall be liable to HKIRC for any breach or threatened breach of this Code of Practice by its Resellers.
7.2 Each Supplier must use reasonable efforts to ensure its employees, agents and contractors are bound by and comply with this Code of Practice.
7.3 If a Supplier becomes aware of any actual or potential or threatened breach of this Code of Practice by its employees in the course of their employment or by its agents or contractors(including Resellers) in the course of performing their functions as agents or contractors, the Supplier must take such action as may be reasonably available to it to prevent or discourage the continuation of the breach of this Code of Practice. In the event of a serious breach or material default, the Supplier shall also immediately inform HKIRC of such breach and shall take such steps as HKIRC shall require to stop or prevent the continuation and/or recurrence of such an event.
8. Customer Service
8.1 Suppliers shall provide high quality customer service to all Customers and Registrants.
8.2 Suppliers shall:
i. publish on their web site a written Complaints handling process which is to be available to all Customers at no charge;
ii. provide a link on their web site to all published policies of HKIRC and any customer service related information;
iii. promptly inform the Registrants before changing the terms and conditions of an existing Domain Name registration, renewal or maintenance;
iv. provide up-to-date service information and charges of Suppliers;
v. detail the method, availability and cost of customer service provided;
vi. proceed with the domain name application, transfer, modification or cancellation within one working day after receiving a Registrant's request or receiving the required documents from customers;
vii. respond to Customer enquiries within one working day.
8.3 Suppliers shall at all times comply with all applicable local and international laws, regulations, guidelines, code of conduct, industry practices, including but not limited to the Personal Data (Privacy) Ordinance (Cap 486) and the Unsolicited Electronic Messages Ordinance (Cap 593) or equivalent applicable laws in other jurisdictions. Any breach of such applicable laws shall constitute a breach of the Registrar Agreement.
8.4 Suppliers must publish on their web site, and include in their terms and conditions, a clear policy for Registrants to cancel Domain Name registrations and/or terminate their relationship with the Suppliers.
9. Complaints Handling Principles
9.1 Suppliers shall:
i. provide an efficient, fair and accessible mechanism for handling Complaints;
ii. publish on their web site a Complaint handling procedures;
iii. demonstrate a commitment to the right of Customers and Registrants to complain;
iv. at all times treat a Complainant with courtesy; and
v. ensure any Complaints are handled without prejudice.
9.2 Suppliers shall provide adequate resources for Complaint handling with sufficient delegated levels of authority, and shall be determined to implement remedies and methods to reach a solution.
9.3 Complaints must be dealt with efficiently and, if possible, within ten (10) days from receipt of a Complaint. If more time is required for investigation, Suppliers shall let the Complainant know the expected time by which a response will be given.
9.4 Suppliers must advise Complainants of the outcome of the investigation of their Complaint, whether orally or in writing, if so requested by the Complainant.
9.5 HKIRC reserves the right to enquire or investigate into the service level and commitment of Suppliers. Suppliers shall fully cooperate with HKIRC to provide all relevant information including details of any Complaint, whether or not the Complaint is already known to HKIRC, or already resolved.
9.6 Suppliers must implement processes and procedures and must deal with Complainants in accordance with the Complaints Handling Principles set out in this Code of Practice.
9.7 Suppliers must provide easily accessible and comprehensible information on how, when and where to make a Complaint.
9.8 Suppliers must promptly update its web site with any information regarding their Complaint handling process to reflect any variations to the process.
10. Complaints to HKIRC
10.1 Suppliers must at any appropriate time advise Complainants of their avenues of recourse, including the option to complain to HKIRC where the Complainant remains dissatisfied with the outcome of a Complaint.
10.2 Suppliers must have in place appropriate systems to record Complaints and their outcomes, and shall keep HKIRC informed on monthly basis of the statistics, details and outcomes of the investigations.
11. Definitions
Term Definition
Complainant means a person making a Complaint.
Complaint means any expression of dissatisfaction or grievance made to a Supplier or HKIRC by a Customer or member of the public (including another Supplier) in relation to any act or omission of a Supplier related in any way to Domain Names.
Complaint Handling Principles means the principles set out in section 9 of this Code of Practice.
Customer means a person or entity who:
a) has a contract with a Supplier for the supply of a Domain Name and/or related services;
b) is or may be eligible under the criteria set by a Supplier to enter into a contract for the supply of the Domain Name and/or related services;
c) is or may be eligible to obtain a Domain Name under the eligibility criteria set by HKIRC from time to time;
d) is a Registrant; or
e) is a potential Registrant.
Domain Name means a domain name in any Domain Name Category.
Domain Name Categories means a designated '.hk' or '.香港' ccTLD domain name category, as set out in the Registrar Agreement from time to time.
HKIRC means Hong Kong Internet Registration Corporation Limited, a non-statutory corporation responsible for the administration of Internet domain names under '.hk' and '.香港' country-code top level domains.
Published Policies means those policies or notices established and published by HKIRC from time to time. It includes but not limited to Registration Policies, Procedures and Guidelines, Domain Name Dispute Resolution Policy and Rules of Procedure.
Registrant means an entity or individual that holds a Domain Name.
Registrar means an entity that registers Domain Names for Customers and who is accredited by HKIRC in accordance with accreditation practices and procedures of HKIRC.
Registrar Agreement means the agreement entered into between a Registrar and HKIRC in accordance with HKIRC accreditation practices and procedures.
Registration Policies means the Registration Policies, Procedure and Guideline of HKIRC in respect of a Domain Name including all of the subsequent versions, amendments and supplements.
Reseller means a person appointed by a Registrar to represent registrants as an agent for applying Domain Names or related services and to provide Customer services to Registrants on behalf of the Registrar or an agent of such person.
Reseller Agreement means an agreement to be entered into between a Registrar and its Reseller.
Supplier means a Registrar and/or Reseller.
WHOIS data means the data relating to a Domain Name or its Registrant as shall be available on a WHOIS service provided by HKIRC.
NiceNIC TERMS OF EMAIL SERVICE
NiceNIC TERMS OF EMAIL SERVICE
The following are the terms and conditions for use of NiceNIC. NiceNIC service (referred to as the "Service") provided by NiceNIC (referred to as the “Service Provider”) Please read them carefully. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account. BY CHECKING THE "I agree to the Terms of Service" CHECKBOX AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
1. MEMBER ACCOUNT, PASSWORD, AND SECURITY You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Service Provider immediately of any unauthorized use of your account or any other breach of security.
2. MEMBER PRIVACY It is the Service Provider's policy to respect the privacy of its members. The Service Provider will not monitor, edit, or disclose any personal information about you (including your credit card information) or your use of the Service, including its contents, without your prior permission unless required or allowed by law, including where the Service Provider has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the Service Provider; (3) enforce the TOS; (4) act to protect the interests of its members or others; or (5) facilitate a change of control of the Service Provider or the acquisition of the Service Provider's business by a third party, and to enable that third party to continue to provide NiceNIC. NiceNIC services to you. The Service Provider may provide certain user information in aggregate form to third parties for demographics. In addition, your internet protocol address is transmitted with each message sent from your account. Some personal information you provide to the Service Provider may be stored outside of the country in which you reside. You agree that the Service Provider may access your account, including its contents, as stated above or to respond to service or technical issues.
3. MESSAGE STORAGE, FILE STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS The amount of storage space per user may be limited (see the help for details). Some sent or received messages, or uploaded or downloaded files may not be processed due to space constraints or other limitations. You agree that the Service Provider is not responsible or liable for the deletion or failure to store messages, files or other information. Where free accounts are provided, you agree that you will not create more than one free account to be used by one person.
4. MEMBER CONDUCT As a condition of your use of the Service, you warrant to the Service Provider that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Users with free accounts agree to use the Service only to send, receive, upload and publish personal messages and content. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited. Paying users of the Service are authorised to use the Service for business-related communications, but may not resell the Service or use it in ways not permitted by other clauses of this document, including but not limited to use in connection with Unsolicated Commercial Email, multi-level marketing schemes, or illegal activies. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service, or any content you upload or publish through the Service. By way of example, and not as a limitation, you agree not to: Use the Service in connection with surveys, contests, pyramid schemes, multi-level marketing schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information. Harvest or otherwise collect information about others, including email addresses, without their consent. Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the TOS. Knowingly transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs. Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means. Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service. Interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services. The Service Provider has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, the Service Provider reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
5. LINKS TO THIRD PARTY SITES THE LINKS INCLUDED WITHIN THE SERVICE MAY LET YOU LEAVE THE SERVICE WEB SITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF THE SERVICE PROVIDER AND THE SERVICE PROVIDER IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. THE SERVICE PROVIDER IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. THE SERVICE PROVIDER IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY THE SERVICE PROVIDER OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS.
6. DISCLAIMERS/LIMITATION OF LIABILITY The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Service Provider and/or its respective suppliers may make improvements and/or changes in the Service at any time. The Service Provider does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. The Service Provider does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that the Service Provider shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that the Service Provider is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that the Service Provider is not responsible for any content sent using and/or included in the Service by any third party. The Service Provider reserves the right to assign its rights and responsibilities under this agreement to any 3rd party.
THE SERVICE PROVIDER AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE SERVICE PROVIDER AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE SERVICE PROVIDER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE SERVICE PROVIDER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.
7. INDEMNIFICATION You agree to indemnify and hold the Service Provider, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
8. TERMINATION The Service Provider may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever, with or without providing any refund of any payments. The Service Provider may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by the Service Provider. The amount of time that the Service Provider currently considers as an "extended" period of time may be viewed from the Help link. Upon termination of the Service, your right to use the Service immediately ceases. The Service Provider shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.
8.1. NO REFUNDS Any refunds are at the sole discretion of the Service Provider. The Service Provider may choose to make a refund at its sole unfettered discretion, however the Service Provider shall have no obligation to refund any portion of any payments, in the event that You wish to discontinue use of all or part of the Service, or in the event that your access is terminated by the Service Provider.
9. NO SPAM; DAMAGES The Service Provider will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay the Service Provider liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay the Service Provider's actual damages, to the extent such actual damages can be reasonably calculated.
10. PROPRIETARY RIGHTS TO CONTENT You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by the Service Provider, or the Service Provider's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.
11. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES The Service Provider reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.
12. GENERAL This agreement is governed by the laws of the State of Victoria, and Australia, without regard to the conflict or choice of law rules thereof. The courts sitting in the State of Victoria, Australia shall have exclusive jurisdiction over any dispute arising hereunder. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Service Provider as a result of this agreement or use of the Service. the Service Provider's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Service Provider's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by the Service Provider with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Service Provider with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Service Provider with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and the Service Provider agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance. Except where explicitly indicated otherwise, prices shown on this site exclude any sales tax that might be applicable in the Customers jurisdiction. Customer will pay Service Provider any additional sales taxes not previously levied upon request
13. LANGUAGE It is the express will of the parties that this agreement and all related documents have been drawn up in English.
14. CONTENT UPLOADED BY MEMBERS The Service Provider does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for public or shared access on the Service, you grant a world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or the Service Provider removes such Content from the Service.
COPYRIGHT AND TRADEMARK NOTICES: All source code, executable code, page designs and other copyrightable material are Copyright of NiceNIC. All rights reserved. Any rights not expressly granted herein are reserved.
NiceNIC Hosting Terms & Conditions
NiceNIC Hosting Terms & Conditions
The Services We Provide
In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term "services" refers to the web hosting services that we will provide to you and the term "NiceNIC" or "us" or "we" refers to NiceNIC.
Permission to Host Your Content
For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.
Personal Information
When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party (other than a company that may purchase NiceNIC ), and will take reasonable steps to keep it from being disclosed to any third party. Read more in our Privacy Policy, below. You consent to be called by a representative of NiceNIC at the telephone number above and/or emailed important information about NiceNIC products and services.
Backups
We will make every attempt to retain nightly backups. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on a periodic basis or sign up for our daily backup service. Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups. Any file over 40MB in size will not be backed up onto our backup servers and in the event of server failure, will not be recoverable.
NiceNIC shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site. User is solely responsible for making back-up copies of the User Web site and User Content.
NiceNIC does not maintain backup copies of User Web sites or e-mail. NiceNIC cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a back-up of a Web site will always be available. Users should always copy all content of a Web site to a local computer and NiceNIC strongly suggest that Users make an additional copy (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of the files. Unacceptable Use/Illegal Activity NiceNIC strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for: Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
Hosting of files or other data that infringes on another's copyright or other intellectual property rights.
Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort. Uploading or linking to any content that violates another's right of publicity or privacy.
Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified. Hosting large amounts of data not specifically tied ("linked") to your hosting account. NiceNIC encourages users looking for file storage/backup solutions to seek other services that specialize in this.
Content
All services provided by NiceNIC may only be used for lawful purposes. The customer agrees to indemnify and hold harmless NiceNIC from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email support [at] nicenic.net with the information required. Examples of unacceptable material on all Shared servers include: IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited. Offering video and/or audio streaming or downloads, MP3 Files, Games and shareware is also not permitted on any NiceNIC server. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Examples of unacceptable material on Dedicated servers include: Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited. NiceNIC services, including all related equipment, networks and network devices are provided only for authorized customer use. NiceNIC systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of NiceNIC system(s) constitutes consent to monitoring for these purposes. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at support [at] nicenic.net and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. All files over 10MB must be linked from files within the same account and also publically available through any domain name attached to your account. Large files (files over 10MB) should not take up more than 40% of the data on your hosting account.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Please read NiceNIC Mail Policy for our generalized mail policy. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. NiceNIC reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. NiceNIC reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of NiceNIC.
Resource Usage
User may not:
Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. Run any software that interfaces with an IRC (Internet Relay Chat) network. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. Participate in any file-sharing/peer-to-peer activities Run any gaming servers such as counter-strike, half-life, battlefield1942, etc Run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php") While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server's CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
When the Services Will be Available
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.
Guarantee
As we explain in this paragraph, we offer you an Anytime Money-Back Guarantee on all shared hosting plans. And here is how our cancellation policy works. It is very simple. If you cancel your account we will provide you with a full refund for the remainder of your term, excluding any setup fees that were charged when you signed up, and excluding domain registration fees. (Even if you received your domain for free through one of our promotional plans) Please note: Any account upgrades to hosting services such as additional domain registration, Priority Support, NiceNIC Directory, Daily Backup, Dedicated IP, Domain Privacy, Private SSL certificates, Search Engine Submission, Platinum Upgrade, Visitors 2 You and Shell Access are non-refundable. In addition, we do not offer refunds on dedicated server plans as they are month to month and there are no contracts involved. NiceNIC also reserves the right to cancel your account with 72 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.
Joining NiceNIC
When you sign up, your NiceNIC account will be enabled with autorenewal, which means that when your renewal date arrives, your hosting plan and domain will be renewed. When it is time for renewal, the credit card you have on file with us will also be charged. If you wish to not have this happen, and you would not like to renew your account, you must cancel 14 days prior to your renewal date. If you have any questions as to when your renewal date is, simply login to our website with your UserID/FtpID and password., or give us a call. If you fail to cancel 14 days prior to renewal, your account will be renewed for a new term, so please be sure to fill out the cancellation form located above if you do not want to renew. Your account renew dates are always listed in our website with your UserID/FtpID and password.. If more than 30 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means that your data, files and website will become in-active and cannot be accessed. If in the following 30 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately. You must have an active method of payment upon you account for your autorenewal at all times, failure to do so can result in you account being suspended or cancelled automatically. If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, NiceNIC shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 60 days behind in making payments, your data will be deleted. You hereby acknowledge that this is NiceNIC's policy when it comes to data retention, and waive all rights in and to your data in these situations.
These Terms of Service May Change
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.
Indemnification
If NiceNIC is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if NiceNIC is found liable or pays to settle the dispute. In legal terms, this is called "indemnification." Not only do you agree to reimburse NiceNIC for what it pays to satisfy a judgment or settle a case, you also agree to pay NiceNIC's reasonable attorney's fees and all other costs NiceNIC incurs in defending itself.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. NiceNIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NICENIC MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NICENIC DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, NiceNIC cannot be held liable for it. IN NO EVENT SHALL NiceNIC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF NICENIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of NiceNIC due to your enrollment in the affiliate program.
Governing Law and Choice of Form
The laws of China, Hong Kong Special Administrative Region will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in Hong Kong Special Administrative Region. When These Terms Take Effect. This agreement becomes effective once you submit your order with us or open an account with us for web hosting services of any kind (dedicated, vps, shared, etc.) If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to call us for clarification. By using NiceNIC you agree to the above terms of service.
NiceNIC Websites Terms of Service
Terms of Service
1. Acceptance of terms
Welcome to NiceNIC.NET's website creation service (the "Service"). Your use of the Service is subject to these Terms of Service ("Terms"). These Terms will also be applicable to your use of the Service on a trial basis. By using the Service, you signify your acceptance of these Terms. If you do not agree to these Terms, do not use the Service.
2. Description of service
Our web-based Service allows users who register for an account (each an "account holder") to create and update an online web site. Once registered, each account holder receives his or her own Web Site and may post "Content" (defined in Section 7). Any new features on the Service, including the release of new NiceNIC.NET tools and resources, shall be subject to these Terms. To use the Service, you must have access to the Internet, either directly or through devices that access web-based content, and you must pay any fees associated with Internet access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a web-enabled computer. The Service may include certain communications from us, such as service announcements, administrative messages, and the NiceNIC.NET Newsletter. These communications are considered part of NiceNIC.NET membership. You may not access the Service by any means other than through the Service interfaces we provide you.
3. Registration
To register as an account holder, you must provide us with a valid email address and other information ("Registration Data").You will choose a password and account designation for your web sites during the registration process and you will obtain a NiceNIC.NET ID. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if NiceNIC.NET has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
4. Cancellation and termination
If you cancel the Service, you will no longer have access to your web site and we may delete all information on your web site. We accept no liability for such deleted information or content.
For as long as we continue to offer the Services, we will provide and seek to update, improve and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or others provide when using the Service.
5. NiceNIC.NET privacy policy
How we collect, protect and use your Registration Data and certain other information about you are contained in our Privacy Policy, which is part of these Terms.
6. Website account and security
You are responsible for maintaining the security of your account and web site, for all activities that occur or actions taken under the account or in connection with the web site. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will we be liable, in any way, for any or your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
7. Your rights in your content
NiceNIC.NET does not claim ownership of your Content, but you give us your permission to host your Content on the Service. This permission exists only for as long as you continue to use the Service or remain an account holder.
8. Content and conduct rules and obligations
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post on a web site via the Service ("Content") are the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service.
By using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.
The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree that you will not:
upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a NiceNIC.NET official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending mass email to recipients who haven't requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
"stalk" or otherwise harass another;
promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) we determine, in our sole discretion, is inappropriate for sale through the Service;
use the Service as a forwarding service to another web site;
solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes;
exceed the scope of the Service that you have signed up for; for example, by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content; (q) upload, post or otherwise transmit any Content that is intended to take advantage of a user. Such content may include, but is not limited to, "get rich quick", "get paid to surf", pyramid/MLM, or other dubious schemes.
include more than three ad units per page, or any advertising that greatly reduces the usability of the site.
upload files for the sole purpose of having them hosted by us and for use outside of a web site created using the Service.
create a web site that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners and excessive animated movement.
upload, post or otherwise transmit any Content that is adult in nature, such as any nudity in a sexual context, any Content revealing exposed genitalia, or any Content with adult themes.
We retain the right to terminate any account or user who has violated any of the above prohibitions.
9. Fees/payment
You shall pay all applicable fees, as described on the Service in connection with the Website Package product chosen by you. We reserve the right to change our prices and at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information.
10. Additional software
If you elect to download or access any additional software or third party content made available by us through the Service, you must agree to additional terms and conditions before you use such software or third party content. If you do not agree to the third party’s terms of service or license agreement, do not download the software or content.
Your use of any third party software or content obtained through the Service does not transfer to you any rights, title or interest in or to the third party software or such content beyond the terms contained in the third party provider's terms of service or license.
11. International use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Hong Kong or the country in which you reside.
12. Links
The Service may provide, or third parties may provide, links to other web sites or resources. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. Indemnity
You agree to indemnify and hold NiceNIC.NET, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, use of or connection to the Service, violation of these Terms, or violation of any rights of another.
14. General practices regarding use and storage
We may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time with or without notice to you.
15. Our proprietary rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or in information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
We do not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized NiceNIC.NET representative, any material, information or idea you transmit to us by any means may be disseminated or used by us or our affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy.
16. Disclaimer of warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. NiceNIC.NET DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
17. Limitation of liability
WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NiceNIC.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO FOR THE PAST THREE MONTHS OF THE SERVICE IN QUESTION.
18. Exclusions and limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. General
We may provide notices to you via either email or regular mail. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service. These Terms and the relationship between you and NiceNIC.NET shall be governed by the laws of Hong Kong and mainland China without regard to its conflict of law provisions. You and NiceNIC.NET agree to submit to the personal and exclusive jurisdiction of the courts located within Zhuhai, Guangdong. The failure of NiceNIC.NET to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of these Terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If any provision of these Terms or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person's claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.
NiceNIC Privacy Policy
1. Why A Privacy Policy?
We respect your individual privacy. That is why we have adopted this Privacy Policy, which embodies our commitment to the protection of your privacy through adherence to fair electronic information practices. This Privacy Policy puts you, the individual, in control of how your personal information is processed, and you have our promise that we will not electronically process your personal information in any way that is incompatible with this Privacy Policy.
This Privacy Policy protects your privacy by:
> informing you about the types of personal information NiceNIC collects about you through its Web sites;
> how it collects that information;
> the general purposes for which it collects such information;
> the types of organizations to which it discloses the information;
> the choices and means by which individuals may limit its use and disclosure;
> empowering you to choose whether and how certain personal information you provide is used (where such use is unrelated to the uses for which you originally disclosed it); and whether and the manner in which a third party uses certain personal information you provide (where such use is unrelated to the uses for which you originally disclosed it);
> assuring you that NiceNIC takes reasonable precautions to protect personal information from loss, misuse, unauthorized access, disclosure, alteration or destruction;
> implements reasonable policies and procedures to ensure that personal information is kept only for the purposes for which it has been gathered;
> uses reasonable measures to ensure that we have accurately and completely recorded the personal information you have provided; and provides you reasonable access to your personal information as well as procedures for correcting or modifying that information where appropriate;
> ensuring accountability to individuals who believe that NiceNIC has not complied with these privacy principles.
2. Getting To Know Our Customers
NiceNIC is in the business of putting people in touch with other people. That requires more than simply offering innovative technical services. It also requires that we understand you, our customer, and your needs. Indeed, we strive to become the most user friendly domain name registrar by taking the time to get acquainted with each one of our many customers.
We get to know you primarily through the information you provide to us when signing up for, or using, one or more of our services. The information you provide ranges from basic contact information, to payment information, to the technical coordinates of your host servers. All of the information we request from you when purchasing our services is obligatory unless otherwise noted on the relevant form. When you purchase our services, you agree to provide and maintain accurate, complete and updated information.
After you've signed up for our services, we may be in communication with you about your account, technical questions you may have about services provided by us, or any other matter relating to those services. Those communications are essential to our relationship with you and to our ability to provide you with quality services that are responsive to your needs. At the same time, those communications give us helpful insights about you, your preferences and the ways in which we might improve our services. We therefore may maintain this information for future use.
Additionally, for operational and quality assurance purposes, we take note of whether and how you use the information and services that we provide, such as by recording site traffic patterns and by maintaining log files of users' access to site files. Finally, in order to provide our current and upcoming interactive services, such as but not limited to email, domain parking, and various message boards, we store your messages to or from other people.
The information we receive from or about you is stored on systems designed to prevent the loss, misuse, unauthorized access, disclosure, alteration or destruction of that information. We also encrypt your transmission of sensitive information to us (e.g., credit card numbers, account passwords) in the interest of heightened privacy protection and information integrity.
As a domain name registrar, we compile and maintain a publicly accessible registration database that includes basic information about each domain name registered with us, including the names, telephone numbers and e-mail addresses of individuals designated as points of contact for a given domain name. Whether or not applicable domain name registration fees have been paid is also publicly accessible. With the gradual continued privatization of the Domain Name System, and consistent with the rules or policies applicable to that system, or to comply with any changes in law or regulation, we may, if appropriate, take steps to restrict the accessibility and amount of personally identifying information available in the registration database.
3. Information Corrections Or Changes
You have the ability to correct or change certain information in our records, such as your address and contact information. You may change this information at any time and as often as necessary. If you need assistance or have questions about correcting information, you can contact us via e-mail.
4. How We Put Information To Good Use
We use information about you for purposes of monitoring and improving our internal operations, as well as to ensure that we: (i) bill you properly, (ii) administer your account in accordance with your agreements with us and (iii) properly perform the services you have requested.
We also use the information we collect to monitor and improve our internal operations, as well as to improve the experience of users in our network of sites. For example, we may correlate Web site traffic information with data about individual users. We may also break down overall usage statistics according to customers' domain names, browser types, and MIME types by reading this information from the browser string (information contained in every user's browser).
Another example of our use of information to enhance the experience of users in our network of sites is our reliance on cookie files. We use cookie files to make it easier for users to access our site or services. A cookie file is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited. But the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. We use cookies to track user traffic patterns (as described above) when you register for NiceNIC services. When you register, we may use a cookie to store a unique, random user ID. We use this ID to identify you anonymously in our database and to track the pages you visit on our site.
If you've set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You may refuse cookies by turning them off in your browser; however, some of our sites may require a cookie for access.
Finally, we use the information we collect to direct important notices and information affecting your account or services, as well as to provide general information that may be of interest to you, including newsletters, surveys, contest and sweepstake announcements, and information about our service or product offerings or the offerings of our business affiliates. You may opt out of receiving information from us simply by notifying us of your desire in accordance with the opt-out instructions contained in any information message you receive from us. Note, however, that in order to fulfill our service obligations to you, we must continue sending you notices and other important information affecting your account or services.
5. With Whom We May Share Information
When you register or reserve a domain name through us, our registrar unit must disclose your domain name and its associated Internet Protocol ("IP") numbers to the appropriate registry in order to make your chosen domain name a functional address on the Internet. Our registry unit discloses each registered domain name and its associated IP numbers ("TLD zone files") to TLD server administrators for the purpose of ensuring that the domain name operates as a functional address on the Internet. Consistent with the current rules and policies for the Domain Name System, our registry unit also discloses the TLD zone files to other interested persons, provided those persons agree, among other things, not to use the TLD zone files for improper purposes, including the transmission of unsolicited commercial e-mail.
We may share certain information about you with those of our vendors who are responsible for handling your account or performing other necessary services that you require. Although we may share sensitive financial information (i.e., credit card numbers, banking information), security information (e.g., account passwords) and personal communications (e.g., personal e-mail messages or message board postings) with such vendors where necessary and appropriate, we will not share such information with other third parties, except in response to formal requests (e.g., subpoena or court order) made in connection with litigation or arbitration proceedings directly relating to a domain name registration or other services we provide.
As noted above, our domain name registrar unit currently makes certain information about you available to the general public via our domain name registration database look- up and directory services. These services give users access to such data on a query-by- query basis. Qualified persons may also access such data on a bulk basis provided they agree, among other things, not to use the data to enable or otherwise support the transmission of mass unsolicited commercial advertising or solicitations via email; or (ii) sell or redistribute the data to third parties. Include the words ìremove bulk access? in the subject line of the e-mail and all the domain names for which you are the registrant in the body of the e-mail.
Additionally, we may share the information stored on that database, as well as other information that is not of a sensitive nature, with carefully selected business partners, including those who offer services that complement those provided by us or which may otherwise be of interest to you. Include the words "remove domain" in the subject line of the e-mail and all the domain names for which you are the registrant in the body of the e-mail. Please note, however, that, consistent with the current rules and policies for the Domain Name System, information about you must remain available in the publicly accessible registration database.
6. Our Accountability To You
By purchasing our services, you obtain the protections of, and consent to the data processing practices described in, this Privacy Policy. When you purchase our services, you also represent to us that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us with regard to: (i) the purposes for which such third party's personal data have been collected, (ii) the intended recipients or categories of recipients of the third party's personal data, (iii) which of the third party's data are obligatory and which data, if any, are voluntary, and (iv) how the third party can access and, if necessary, rectify the data held about them.
In addition to the privacy protections that we provide, our employees, agents and business partners are independently responsible for ensuring compliance with this Privacy Policy, as described below.
7. Employee Accountability
Only those NiceNIC employees that have a legitimate business purpose for accessing and handling personal information obtained by us are given authorization to do so. The unauthorized access or use of such information by a NiceNIC employee is prohibited and constitutes grounds for disciplinary action.
Additionally, our information management systems are configured in such a way as to block or inhibit employees from accessing information that they have no authority to access.
Our trusted vendors and business partners are responsible for processing or handling some of the information that we receive. These vendors and business partners are not authorized to use such information for purposes beyond those specified by us and are required to preserve the confidentiality with which we treat such information.
NiceNIC - AI Terms of Use
NiceNIC - AI Terms of Use
1. Overview
These terms of use ("AI Terms of Use") govern your use of any AI products, features, services and/or tools offered by NiceNIC.NET.
2. Content
1) Your Content. You may provide input to the AI Services ("Input") and receive output from the AI Services based on the Input ("Output"). Input and Output are collectively "Content". You are responsible for Content, including ensuring that it does not violate any applicable law or these AI Terms of Use. We own all rights, title, and interest in and to the services that we provided.
2) As between you and NiceNIC.NET, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our AI Services.
3) We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, to market and advertise our Services and keep our Services safe.
4) Use of our AI Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts. Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
5) NiceNIC.NET also does not review the Content for accuracy, bias or intellectual property rights clearance. NiceNIC.NET makes no representation, warranty or guarantee as to the accuracy or reliability of the AI Services or whether the Output may infringe on third-party intellectual property rights.
6) By using the AI Services, you understand and agree:
A. Output may not always be accurate. You should not rely on Output from our AI Services as a sole source of truth or factual information, or as a substitute for professional advice.
B. You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the AI Services.
C. You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
D. Our AI Services may provide incomplete, incorrect, or offensive Output that does not represent NiceNIC.NET’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with NiceNIC.NET.
7) Outputs may not be unique across users and the AI Services may generate the same or similar Outputs for other users.
8) NiceNIC.NET may use technology provided by third-party service providers to provide AI Services. Notwithstanding anything to the contrary contained herein, you authorize NiceNIC.NET and such third-party service providers to store and use your Input for the purposes of providing you with the AI Services, to review Inputs and Outputs for abuse or misuse, and to develop and improve the services and products of NiceNIC.NET and such service providers, including as part of the design, training and development process for machine learning models.
3. Termination and Suspension
Termination. We reserve the right to suspend or terminate your access to our AI Services or delete your account if we determine:
1) You breached these AI Terms of Use.
2) We must do so to comply with the law.
3) Your use of our Services could cause risk or harm to NiceNIC.NET, our users, or anyone else.
4. Disclaimers
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OUTPUTS OF THE AI SERVICES HAVE NOT BEEN REVIEWED FOR ACCURACY, BIAS, EXPLAINABILITY OR INTELLECTUAL PROPERTY RIGHTS CLEARANCE. NiceNIC.NET MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE ACCURACY, RELIABILITY, OR ERROR-FREE PERFORMANCE OF THE AI SERVICES, INCLUDING (WITHOUT LIMITATION) WHETHER OUTPUTS MAY INFRINGE, MISAPPROPRIATE OR VIOLATE ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR AI SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
YOU SHOULD SEEK INDEPENDENT PROFESSIONAL ADVICE BEFORE YOU RELY ON ANY OUTPUT GENERATED BY THE AI SERVICES.
5. Limitation on Liability
IN NO EVENT SHALL NiceNIC.NET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ANY THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM ANY OUTPUTS CREATED USING THE AI SERVICES.
THE FOREGOING LIMITATION OF LIABILITY SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE, THE AI SERVICES OR ANY OTHER SERVICES FOUND AT THIS SITE.
This DOMAIN NAME REGISTRATION SERVICE AGREEMENT ("Agreement") is made by and between NICENIC INTERNATIONAL GROUP CO., LIMITED, an Hong Kong private limited company ("NiceNIC.NET") and you and your heirs, agents, successors and assigns (collectively, "Customer"), and you and your heirs, agents, successors and assigns (collectively, "Customer"), and is made effective as of the date of acceptance. This Agreement sets forth the terms and conditions of your use of our domain name registration services ("Services").
Your acceptance of the Master Services Agreement, which incorporates this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by these terms and conditions along with all other applicable agreements which are incorporated herein by reference.
The terms "we", "us", or "our" shall refer to NiceNIC.NET. The terms "you", "your", "user", or "customer" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
We reserve the right, in our sole and absolute discretion, to change or modify this Agreement, and any policies or agreements which are incorporated herein at any time. We may occasionally notify you of changes or modifications to this Agreement or the Services by email so it is very important that you keep your Account information current and up to date. We are not responsible and we assume no liability for your failure to receive an email notification if such failure results from inaccurate or outdated Account information.
1. Generic Top Level Domain Name Registration
NiceNIC.NET is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for generic top level domain names ("gTLDs") such as .com, .net, .org, .info, .biz, .jobs, and more and various sponsored top-level domain names ("sTLDs"). NiceNIC.NET may also, at its sole discretion, accept registration applications in non-ASCII character languages such as Chinese, Korean, and more ("Internationalized Domain Names" or "IDNs"). ICANN oversees registrations and other aspects of gTLDs policies and operations of accredited registrars like NiceNIC.NET. You acknowledge and agree that your rights to any domain names registered or renewed through NiceNIC.NET are subject to the policies and regulations of ICANN, the related Registry (as defined below) and various laws. You agree to abide by the terms in this Agreement to register and renew domain names as well as all terms and conditions of ICANN governing the registration and renewal of such domain names including, but not limited to, dispute resolution policies such as the Uniform Domain Name Dispute Resolution Policy ("UDRP") or the Uniform Rapid Suspension Policy ("URS") as well as all current and future policies of Registries (as defined below) related to those domain names including, but not limited to, their acceptable use policies, privacy policies, and WHOIS data policies.
Domain name registrations are not effective until the registry administrator ("Registry" and "Registries" shall be construed accordingly) puts them into effect. For a list of Registries and for more information on top level domain names ("TLDs"), see www.icann.org/tlds/. Domain name registrations are created and renewed for specified terms, terms which end on the specified expiration date if not renewed. For domain names which are created as a new registration out of the available namespace, the term begins on the date the domain name registration is created by the applicable Registry. You agree that we are not liable or responsible in any way for any errors, omissions, or any other actions by the Registry arising out of, or related to a request to register, renew, modify, transfer, or renew a domain name. The registration or renewal is only effective once the Registry creates the registration or accepts the renewal.
2. Country Code Top Level Domain Name Registration
In addition to gTLDs, sTLDS, and IDNs, NiceNIC.NET also registers country code top-level domain names ("ccTLDs"). There are additional agreements that you must agree to should you desire to apply for registration of a domain name in any ccTLD. Each ccTLD Registry creates and enforces its own rules, regulations, policies and procedures governing various aspects of ccTLDs registered in their respective namespace or zone, including, but not limited to, dispute resolution policies which may be different to those promulgated by ICANN and WHOIS data policies which may also vary from ICANN's WHOIS policies.
Links to information on each ccTLD Registry policy can be found here: http://www.iana.org/root-whois/.
When you register a ccTLD with NiceNIC.NET or one of its subsidiaries or affiliates, you acknowledge and agree to, and are bound by, the respective ccTLD Registry's rules, regulations, policies and procedures.
We may publish portions of each ccTLD Registry's policies on the Site, including information on requirements, renewal policies, redemption policies, and other information from time to time. We are not liable in any way whatsoever for any errors, omissions, or mistakes published on the Site. ccTLD Registry policies change from time to time and it is your responsibility to verify the rules, regulations, policies and procedures of each ccTLD Registry.
3. Premium Domain Name Registration
You acknowledge that we provide premium domain name registration services ("Premium Domains") on the Site under separate agreements with unrelated 3rd parties ("3rd Party Services"). We act as an intermediary for the purchase of Premium Domains and we are not responsible for the performance, completeness, correctness, or failure of the 3rd Party Services. Additionally, you agree to abide by the terms and conditions required by the 3rd parties for the use of the 3rd Party Services when such terms are made available to you prior to your election to use such services, and when such terms are subsequently updated.
4. Pre-registration, Sunrise, and Landrush
In the event that we make pre-registration available for a gTLDs, sTLDs, IDNs, or ccTLDs whether in sunrise, landrush, general pre-registration phases, or other pre-registration phrases, we do not guarantee the successful registration of a pre-registration application or your immediate access to the domain name if successfully secured. We may use 3rd Party Services for pre-registrations. Pre-registration fees, setup fees, and application fees are strictly non-refundable regardless of success or outcome.
5. No Guarantee of Registration or Renewal
No domain registration under this Agreement shall be deemed effective until we deliver the domain name application or renewal application to the appropriate Registry and the Registry accepts your application and creates your domain name registration or renewal. Submitting your application to us, and our accepting of Fees for your application, by itself does not constitute a successfully registered application or renewal.
You acknowledge that we are in no way responsible for and can never guarantee, that the domain name you are applying for is not being applied for by another party or with another registrar, that there are no inaccuracies in the Registry's WHOIS or other databases, that the search availability results are correct, or that there are errors, omissions, or inaccuracies that occur during the registration or renewal process which affect the result of your registration or renewal application.
You further acknowledge and agree that you are solely responsible for ensuring that your registration or renewal has been properly processed. We may elect to accept or reject your application for registration or renewal at any time for any reason at our sole and absolute discretion, including, but not limited to, pricing errors, attempts to apply for domain names that are prohibited, improper, unavailable, infringe on 3rd party intellectual property or other rights, are questionable or violate any other agreements or terms and conditions contained in this Agreement or other agreements with us. You also acknowledge and agree that we are not liable or responsible in any way for errors, omissions, acts, inaccuracies related to the Site, or actions by any 3rd parties including any gTLD, sTLD, IDN, or ccTLD Registry arising out of your application or potential application for, and registration or renewal of, a particular domain name.
6. Your Obligations
You acknowledge that we do not check, unless it is explicitly required to do so by a Registry, to see whether the domain names you select, or your use of the domain name, or other services provided by us or unrelated 3rd parties in relation to the domain name, infringes on the intellectual property or other legal rights of others, violates the rules, regulations, policies, or procedures of the respective Registry, or violates local, state, national or international laws. It is your sole responsibility to understand and accept the terms and policies of each Registry to ensure that your application for registration or renewal, and subsequent use, of the domain name does not violate any of these terms.
You represent to us that:
(i) You are at least 18 years of age and are legally capable of entering into this Agreement with us;
(ii) You will not violate this Agreement and will comply with all local, state, national and international laws;
(iii) You will not use the Site or the Services for any unlawful purpose.
(iv) You will not represent yourself as another person or entity, or submit information on behalf of another person or entity without their express prior written consent;
(v) You will not provide false, inaccurate, or incomplete information in your application for the Services;
(vi) You will maintain complete and accurate information with us at all times in relation to the Services;
(vii) You will not violate 3rd party trade or service marks, copyrights, patents or other intellectual property rights;
(viii) Your use of the Services does not and will not result in excess use of our resources or overloading of our DNS, server or network resources;
(ix) You will not use the Services as a source or destination of packet flooding, mail bombs, packet corruption, denial of service, or other illegal or abusive cyber activities;
(x) You will not conduct server hacking or promote hacking, cracking, or other cyber crimes or activities;
(xi) You will not deploy software or scripts to run on our servers that cause overload of resources or threaten the stability of the network;
(xii) You will not disseminate or transmit SPAM email in violation of our SPAM policy;
(xiii) You will not disseminate illegal, hateful, harmful, violent, racially or ethnically intolerant, abusive, obscene, pornographic, defamatory, harassing, malicious, protected material, or content that otherwise violates the intellectual property rights of others;
We may terminate or suspend the Services at any time, at its sole discretion and without limitation, if it finds that you have violated any terms of this Agreement or other agreements with us. You agree that if we terminate or suspend the Services provided to you under this Agreement, that we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously providing to you and that any reference in this Agreement to termination or suspension of the Services to you includes this option.
7. Domain Name Registrant
When applying for and registering a domain name with us, you will be asked to designate a registrant for the domain name ("Registrant"). The Registrant is granted all rights under this Agreement to act in respect to the domain name and any other services obtained from us in connection with the domain name, including, but not limited to, the authority to terminate, delete, transfer, renew, or otherwise modify the domain name or related Services, or obtain additional services in relation to the domain name.
The Registrant is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information under this Agreement. A Registrant that licenses the use of a domain name shall accept liability for harm caused by wrongful use of the domain name, unless the Registrant discloses the current contact information provided by the licensee and the identity of the licensee (in accordance with applicable data protection law) within seven (7) days to a party providing Registrant reasonable evidence of actionable harm.
If you, acting as the Account holder, are providing Registrant information on Registrant's behalf, you represent that you have obtained consent from the Registrant and notice has been given to them sufficient to enter the terms of this Agreement on their behalf. Failure to do so it a material breach of this Agreement.
8. Administrative Contact
When applying for and registering a domain name with us, you will be asked to designate an administrative contact for the domain name ("Administrative Contact") to confer certain rights to under this Agreement, including, but not limited to, purchasing additional services, transferring the domain name to another registrar where allowable by the applicable Registry, and updating the domain name settings. The Administrative Contact may be the same as the Registrant. The Registrant is responsible for all actions, errors or omissions of the Administrative Contact.
9. Trustee Services
We may, from time to time, offer administrative, registrant, agent, or local presence services to you ("Trustee Services") in connection with the Services under this Agreement. Trustee Services may grant certain rights, access, duties and responsibilities to the grantee ("Trustee") with respect to the domain name. Trustee Services may designate another party as Registrant or Administrative Contact for your domain name, however, you retain all rights to the domain name granted to you under this Agreement until the termination of this Agreement, expiration, cancellation, or deletion of the domain name or transfer to another registrar, including the right to terminate the Trustee Agreement at any time.
In rare cases, for certain ccTLDs, the use of, and subscription to, our Trustee Services may be required in order for us to manage your domain name regardless of whether you are able to satisfy the Registry requirements (for example, including, but not limited to: .CW, .COM.AR, .EE, .RS, .AL, .BG, .GE, .COM.BN, .IQ, .SK, .CL).
By ordering Trustee Services, you agree to be bound by the terms of the Trustee Services Agreement, which are incorporated herein and made part of this Agreement by reference.
You may, at your complete and sole discretion, revoke such designation and Trustee Services without notice by submitting a request in writing to us through the support ticket system or other written method. In no case will you be entitled to a refund in full or pro-rata for any part of the term of the Trustee Service not fulfilled.
10. Private Registration
We may, from time to time, make available private registration services ("Private Registration Services"). Private registration provides you with the option of registering a domain name in TLDs that allow such registration, in the name of a 3rd party whose contact information will be displayed in the public WHOIS database instead of your contact information. By ordering Private Registration Services, you agree to be bound by the terms of the WHOIS Privacy Agreement, which is incorporated herein and made part of this Agreement by reference.
You may, at your complete and sole discretion, revoke such Private Registration Services without notice by submitting a request in writing to us through the support ticket system or other written method. In no case, will you be entitled to a refund in full or pro-rata, for any part of the term of the Private Registration Services not fulfilled.
11. IDNs, Accuracy and Functionality of non-Latin Characters
You acknowledge and agree that we cannot guarantee the accuracy and functionality of non-ASCII character languages such as Chinese, Korean, and more ("Internationalized Domain Names" or "IDNs"). We cannot guarantee that IDNs will be accessible by internet users or that they will be translated properly by the internationalized domain name system into readable punycode. Further, we make available on the Site translation tools provided by 3rd parties such as Google and that these tools are treated as 3rd Party Services under your agreements with us. We will in no way be liable for the use of 3rd Party Services used for translation. We will also not be liable for suspension, modification, or cancellation of your IDNs in order to comply with current or future ICANN or the Internet Engineering Task Force ("IETF") rules, regulations, or technical standards that apply to IDN registrations or renewals.
12. Transfers
You are able to transfer domain names to or from us according to the terms and transfer policies of the respective Registry for the TLD of the domain name you wish to transfer. Each Registry has its own unique transfer policy which we adhere to. For all TLDs under ICANN sponsorship, you may find more information on the transfer policy that we are required to follow for all TLDs under ICANN sponsorship here:
http://www.icann.org/en/resources/registrars/transfers
In order to determine who the sponsoring registrar currently is for your domain name, please visit: http://www.internic.net/whois.html
In order to protect your domain names, we place a transfer lock on domain names in many TLDs automatically when they are registered or renewed with us. In order to transfer to another registrar, you must remove this transfer lock. You are able to do this from your account on the Site.
If you purchased Trustee Services or Private Registration Services from us when registering or renewing the domain name you would like to transfer out, we must cancel these services, and you are required to replace any of our information, documentation, or our Trustee's information and/or documentation in relation to these services with your own information, before the transfer out will be approved by us.
You acknowledge that when cancelling these services, this action may qualify as an ownership change or other update to the domain name which may incur additional fees or require you to renew the domain name with us prior to transferring the domain name to another registrar. There will be no refund for partially fulfilled terms for Trustee Services or Private Registration Services.
In no event, shall we be liable for the failure of a transfer or loss of your domain name if the transfer is initiated close to the end of the registration term, the transfer is not approved by the Registrant or Administrative Contact of the domain name, the fees for the Service remain unpaid or are in dispute, or any other reason outlined by ICANN or the Registry's transfer policies.
13. Fees, Refunds, and Cancellation Fees
All Services under this Agreement are provided on a pre-paid or advanced basis.
The fees imposed by us under this Agreement are subject to change at any time, without notice, at our sole discretion. Such change shall be posted to the Site, with or without notice, and are effective as of the date of publication.
All fees under this Agreement are non-refundable, in whole or in part, unless the application for domain name registration or renewal is rejected due to the following reasons:
(a) the domain name is unavailable because it is already registered to another party, prohibited by the Registry's policies, or prohibited due to the violation of terms found in this Agreement or the Master Service Agreement;
(b) the TLD in which the domain name belongs has been discontinued, restricted due to government regulations or is no longer offered by us.
Domain registration requests made in any pre-registration, Sunrise, or Landrush phase are non-refundable, or are subject to a cancellation fee, unless your request is upgraded to an earlier phase, unavailable because it is registered by another party, requested in an earlier phase by another party or prohibited by the respective Registry's policies.
We reserve the right to charge a cancellation fee in the case that you submit a domain name registration or renewal application and disregard, ignore, overlook, mistake, or attempt to otherwise circumvent, the requirements imposed by the Registry or by us which cause your application to be incomplete or rejected.
Additionally, we reserve the right to charge processing fees for modifications ("Modification Fees") to your domain name, including, but not limited to, DNS changes, contact information changes to WHOIS information, and web forwarding changes. Generally, Modification Fees are not charged in relation to gTLDs. Modification Fees are common in relation to many ccTLDs.
Attention: we don’t issue any refund on services paid by crypto payment methods.
14. Renewal and Expiration of Services
You acknowledge that, even though we may provide an auto-renewal service for your convenience, it is your sole responsibility to keep your own records and to maintain your own reminders regarding when your Services are set to expire to ensure that your Renewal Fees are paid for the Services prior to the due date.
As a convenience to you, and not as a binding agreement, we may notify you via the primary email address provided in your Account, or from the control panel in your Account, when Fees for renewal of the Services are due ("Renewal Fees"). Renewal Fees are available in your Account at any time prior to the due date of the Renewal Fees. It is your responsibility to ensure that the Renewal Fees are paid in advance of the due date to prevent an interruption in Services or additional fees to restore the Services.
With respect to domain name registration services, we will send expiration reminder notices to the primary email address of the Account holder. However, such notices are a courtesy only and our failure to send such notices shall not create any responsibility, obligation, or liability for us.
You acknowledge that registry operators may have non-uniform Renewal Fee policies in place. As such, your Renewal Fee may be higher or lower than your initial registration fee or may be different between domain names in the same TLD. When possible, we will present the renewal fee to you upon your initial registration. If this is not possible, you may see what the Renewal Fee is by logging into your Account any time after the initial domain name registration and starting with the renewal process.
If you ordered additional services, including, but not limited to, Trustee Services, Private Registration Services, or any other services from us in conjunction with a domain name under this Agreement, those services shall be renewed at the same time as your domain name.
For certain ccTLDs, the due date of your Renewal Fees may be up to 60 days prior to the expiration date of the underlying domain name registration. Certain Registries require renewal up to 60 days in advance of the domain name expiration date. It is your responsibility to pay for your Renewal Fees in advance of the due date specified by us regardless of the domain name expiration date. Failure to pay your Renewal Fees prior to the due date may result in additional fees to restore the domain name, suspension, loss, cancellation, or deletion of the domain name according to the ccTLD registry's respective policy.
Additionally, you acknowledge that payment of certain ccTLDs exactly on the due date may also incur additional fees to restore the domain name, suspension, loss, cancellation, or deletion of the domain name.
We are not liable for your failure to pay the Renewal Fees prior to the due date specified by us.
Immediately after the expiration of a domain name and before the deletion of the domain name in the applicable Registry's database, you acknowledge that we may direct the domain name to name servers and/or IP addresses designated by us, including, without limitation, to no IP address or to an IP address which hosts a parking page or a search engine page that may display advertisements or other content, and you acknowledge that we may either leave your information intact or that we may change your information for the expired domain name so that you are no longer the listed as the Registrant or Administrative Contact of the expired domain name.
Renewal and Redemption Process for TLDs under ICANN Sponsorship: For a period of 29 days after the expiration of the term of your domain name, you acknowledge that we may provide a procedure by which your expired domain name may be renewed. You acknowledge and agree that we may, but is not obligated to, offer this process, called the Renewal Period ("RP". You acknowledge that you assume all risks and all consequences if you wait until close to, or after, the expiration of the original term of the domain name, to attempt to renew the domain name. You acknowledge and agree that we may make expired domain names available to third parties and that expired domain names may be re-registered to any party at any time.
You agree that we are not obliged to contact you to alert you that the Services are being terminated if you choose not to pay the redemption fee. After the end of the RGP, if you do not exercise your rights under this section, you agree that you have abandoned the domain name, and relinquish all rights to, and use of, the domain name.
You acknowledge that the renewal, redemption, and restoration processes available from ccTLD Registries are varied and are subject to each respective Registry's policies and procedures. In any case, we may or may not provide access to these processes, at its sole and absolute discretion.
15. Auto-Renewal
You acknowledge that, even though we may provide an auto-renewal service to you for your convenience, it is your sole responsibility to keep your own records and to maintain your own reminders regarding when your Services are set to expire to ensure that your Renewal Fees are paid for the Services prior to the due date, including any services provided for under the Master Service Agreement or any other agreement with us. We are in no way liable or responsible for failure of the auto-renewal service to pay your Renewal Fees to renew the Services by the due date.
16. Dispute Policies
As a condition to entering into this Agreement with us, you must agree to the Registry's policies and procedures for the applicable TLD for which you are submitting an application for domain name registration or renewal, and if applicable, the policies and procedures of ICANN. As such, you agree to be governed by the dispute resolution policies adopted and promulgated by each respective Registry which you enter into an agreement with under this Agreement.
By entering into this Agreement by submitting an application to us for any TLD under ICANN's sponsorship, you agree to be bound by the terms of ICANN's UDRP and URS Policies, which are incorporated herein and made part of this Agreement by reference.
17. Up to Date Information and its Use
You agree to provide current, complete, and accurate information about you, both with respect to your account information with us ("Account") and with respect to the WHOIS information for your domain names under this Agreement. You agree to maintain and update this information within seven (7) days of any change as needed to keep it current, complete, and accurate. With respect to the administrative, technical, and billing contacts for your domain names, you must submit the following: name, postal address, e-mail address, voice telephone number, and where available, fax number. You agree that the type of information you are required to provide may change and you acknowledge that, if you do not provide the newly required information, your Services under this Agreement may be suspended or terminated or may not be renewed. Failure to provide complete and accurate information may prevent you from obtaining the Services. You may provide information regarding the name servers assigned to your domain names and, if we are providing name server services to you, the DNS settings for the domain name. If you do not provide complete name server information, you agree that we may supply this information for you (and point your domain name to a website or IP address of our choosing) until such time as you elect to supply name server information.
You further agree that a public WHOIS database will be published, as required by ICANN and various Registries as part of their adopted WHOIS policies, containing the information you provide above in relation to this Agreement. The WHOIS database may publish information beyond many Registry requirements. You understand and acknowledge that a number of Registries, such as CIRA and Nominet, limit your information to be publicly displayed in their WHOIS databases; Our public WHOIS database may not. You acknowledge and agree that we will make available the Account information that you provide or that we otherwise maintain to the following parties: ICANN, various Registries, and other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name under this Agreement. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. Additionally, you acknowledge that ICANN, or various Registries, may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN's guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/index.html. You agree that we may make publicly available some, or all, of the information you provide, for purposes of inspection (such as through the WHOIS service), and other purposes as required or permitted by applicable laws.
You agree that your willful submission of inaccurate or unreliable information, your failure to update your information within seven (7) days or your failure to respond in seven (7) calendar days to inquiries by us concerning the accuracy of your Account information and WHOIS contact information or violations of any terms of this Agreement shall constitute a material breach of this Agreement and will be sufficient basis for suspension, cancellation, or termination of the domain name registration Services, including suspension, cancellation or deletion of the domain name, under this Agreement.
You understand that it is important for you to regularly monitor email sent to the email address associated with your account and WHOIS contact information because, among other reasons, if a dispute arises regarding your domain name or other related services, you may lose your rights to the domain name or your right to receive the Services if you do not respond appropriately to an email sent in conjunction therewith.
18. Ownership of Information and Data
You agree and acknowledge that we, NiceNIC.NET, or each respective Registry own all database, compilation, collective and similar rights, title and interests worldwide in our databases, and all information and derivative works generated from the databases.
In regards to the Services, you agree and acknowledge that we, NiceNIC.NET, or each respective Registry who provides the Services, owns the following information for those Services: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of the Services, other than the domain name being registered, the IP addresses of the primary name server and any secondary name servers for the domain name, and the corresponding names of those name servers. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.
19. Term and Termination
This Agreement shall commence on the first day that Services are paid and applied for and shall remain in force continuously and uninterrupted so long as your Services are active.
You may terminate this Agreement at any time. To terminate this Agreement, you must contact support and request termination. Upon termination, we shall terminate the Services. You acknowledge that we are required to retain certain records and information related to your Services according to local, state, country and international laws and will archive the information only as it is legally required to do so for this limited purpose.
We reserve the right to stop offering registration or renewal Services for any gTLD, sTLD, IDN, or ccTLD offered under this Agreement at any time. In such case that we stop offering the Services, you shall have the right to transfer the domain name to another registrar if this option is available. We shall not be liable in any way for its decision to stop offering the registration and renewal Services.
You agree that your failure to respond in seven (7) calendar days to inquiries by us concerning the accuracy of your Account information and WHOIS contact information or violations of any terms of this Agreement shall constitute a material breach of this Agreement and will be sufficient basis for suspension, cancellation, or termination of the domain name registration Services, including cancellation and deletion of the domain name, under this Agreement.
20. Additional Rights
We expressly reserve the right to deny, cancel, terminate, suspend, lock, or modify the Services provided under this Agreement, including cancellation and deletion of the domain name, or any other agreement with us for any reason, at our sole and absolute discretion, including, but not limited to the following: (i) to correct mistakes made in the offering and sale of the Services; (ii) to protect the stability of the Services and our systems; (iii) to address fraud and abuse issues; (iv) to comply with local, state, national, international laws, rules and regulations; (v) to comply with requests of law enforcement; (vi) to comply with a dispute resolution process; (vii) to avoid any civil or criminal liability; or (viii) to comply with registry or vendor requirements.
21. Indemnification
You agree to release, defend, indemnify and hold us harmless, our parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers, and employees from and against any and all claims, demands, liabilities, losses, damages, charges or costs, including reasonable attorney's fees, however so incurred arising out of or related in any way to a breach by you of any of the terms of this Agreement or your use of the Services ("Claims").
You further agree to indemnify, defend, and hold harmless applicable Registry operators (including, but not limited to, VeriSign Inc., Neustar, Inc., Public Interest Registry, Afilias Limited, Donuts, Rightside Registry, Uniregistry, Inc., Cocca, and other registry operators listed at http://www.icann.org/registries/listing.html) and all such parties' directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages, and reasonable legal fees and expenses) arising out of, or related to, the Services you are obtaining from us.
22. Warranty Disclaimer
WE, OUR SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED HEREUNDER, THE SITE OR ANY WEB SITES LINKED TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRAR. ALL SERVICES, AS WELL AS THE SITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO, AND USE OF, OUR SERVICES AND OUR SITE ARE ENTIRELY AT YOUR RISK. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US, OUR SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES CONSTITUTE LEGAL, FINANCIAL, OR TAX ADVICE AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE AS SUCH.
23. Limitations of Liability
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL INCLUDING , BUT NOT LIMITED TO ANY ERRORS OR TECHNICAL ISSUES OF ANY DOMAIN NAME REGISTRY OR OTHER THIRD PARTY PROVIDER, (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) OR LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.
YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) OR FOR ANY FINANCIAL OR ECONOMIC LOSS OR FOR LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL OR SIMILAR LOSSES, LOSS OF ANTICIPATED SAVINGS OR LOSS OR CORRUPTION OF DATA OR INFORMATION, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE USE OF THE SERVICES, BUT IN NO EVENT GREATER THAN THE AMOUNT FOR THE PRIOR 1 MONTH OF SERVICES PAID FOR UNDER THIS AGREEMENT.
24. General
You may not assign any of your rights or privileges, or delegate any of your duties or obligations hereunder, in whole or in part, by operation of law or otherwise, to any third party without our prior written consent. We may at any time assign, transfer, charge, sub-contract this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
NiceNIC.NET reserves the right, in its sole and absolute discretion, to change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time and without notice. Any such changes or modification shall be effective immediately upon posting to the Site. If you do not agree to be bound by this Agreement as last revised as indicated by the "Last Revised" date located at the bottom of this Agreement, do not use or continue to use the Services. You agree that your exclusive remedy is to transfer your Services to another registrar or request us to terminate your Services under this Agreement. NiceNIC.NET may occasionally notify you of changes or modifications to this Agreement or the Services by email so it is very important that you keep your account information current and up to date. NiceNIC.NET is not responsible and assumes no liability for your failure to receive an email notification if such failure results from inaccurate or out-dated account information.
This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior understandings and agreements between the parties, whether written or oral, regarding the subject matter herein. Any of the provisions of this Agreement which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable the remaining provisions hereof or affecting the validity or unenforceability of any of the terms of this Agreement in any other jurisdiction. A waiver by either party of a breach or violation of any provision of this Agreement will not constitute or be construed as a waiver of any subsequent breach or violation of that provision or as a waiver of any breach or violation of any other provision of this Agreement. The headings contained in this Agreement are for convenience only and shall not affect meaning or interpretation of this Agreement.
25. Notices
You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the Account and/or WHOIS information you have provided.
26. Governing Law
This Agreement and its subject matter shall be governed in accordance with the laws of Hong Kong and subject to the exclusive jurisdiction of the Hong Kong courts without regard to conflict of laws and principles contained therein with the exception of disputes related to this Agreement which fall under UDRP, URS, or similar dispute resolution process as defined by various Registry policies incorporated or made reference to herein.
Policy on Transfer of Registrations between Registrars
A. Holder-Authorized Transfers
1. Registrar Requirements
Registered Name Holders must be able to transfer their domain name registrations between Registrars provided that the Gaining Registrar's transfer process meets the minimum standards of this policy and that such transfer is not prohibited by ICANN or Registry policies. Inter-Registrar domain name transfer processes must be clear and concise in order to avoid confusion. Further, Registrars should make reasonable efforts to inform Registered Name Holders of, and provide access to, the published documentation of the specific transfer process employed by the Registrars.
1.1 Transfer Authorities
The Administrative Contact and the Registered Name Holder, as listed in the Losing Registrar's or applicable Registry's (where available) publicly accessible WHOIS service are the only parties that have the authority to approve or deny a transfer request to the Gaining Registrar. In the event of a dispute, the Registered Name Holder's authority supersedes that of the Administrative Contact.
Registrars may use Whois data from either the Registrar of Record or the relevant Registry for the purpose of verifying the authenticity of a transfer request; or from another data source as determined by a consensus policy.
2. Gaining Registrar Requirements
For each instance where a Registered Name Holder requests to transfer a domain name registration to a different Registrar, the Gaining Registrar shall:
2.1 Obtain express authorization from either the Registered Name Holder or the Administrative Contact (hereafter, "Transfer Contact"). Hence, a transfer may only proceed if confirmation of the transfer is received by the Gaining Registrar from the Transfer Contact.
2.1.1 The authorization must be made via a valid Standardized Form of Authorization (FOA). There are two different FOA's available at the ICANN website. The FOA labeled "Initial Authorization for Registrar Transfer" must be used by the Gaining Registrar to request an authorization for a registrar transfer from the Transfer Contact. The FOA labeled "Confirmation of Registrar Transfer Request" may be used by the Registrar of Record to request confirmation of the transfer from the Transfer Contact.
The FOA shall be communicated in English, and any dispute arising out of a transfer request shall be conducted in the English language. Registrars may choose to communicate with the Transfer Contact in additional languages. However, Registrars choosing to exercise such option are responsible for the accuracy and completeness of the translation into such additional non-English version of the FOA.
2.1.2 In the event that the Gaining Registrar relies on a physical process to obtain this authorization, a paper copy of the FOA will suffice insofar as it has been signed by the Transfer Contact and further that it is accompanied by a physical copy of the Registrar of Record's Whois output for the domain name in question.
2.1.2.1 If the Gaining Registrar relies on a physical authorization process, then the Gaining Registrar assumes the burden of obtaining reliable evidence of the identity of the Transfer Contact and maintaining appropriate records proving that such evidence was obtained. Further the Gaining Registrar also assumes the burden for ensuring that the entity making the request is indeed authorized to do so. The acceptable forms of physical identity are:
Notarized statement
Valid Drivers license
Passport
Article of Incorporation
Military ID
State/Government issued ID
Birth Certificate
2.1.3 In the event that the Gaining Registrar relies on an electronic process to obtain this authorization the acceptable forms of identity would include:
Electronic signature in conformance with national legislation, in the location of the Gaining Registrar (if such legislation exists).
Consent from an individual or entity that has an email address matching the Transfer Contact email address.
The Registrar of Record may not deny a transfer request solely because it believes that the Gaining Registrar has not received the confirmation set forth above.
A transfer must not be allowed to proceed if no confirmation is received by the Gaining Registrar. The presumption in all cases will be that the Gaining Registrar has received and authenticated the transfer request made by a Transfer Contact.
2.2 Request, by the transmission of a "transfer" command as specified in the Registrar Tool Kit, that the Registry Operator database be changed to reflect the new Registrar.
2.2.1 Transmission of a "transfer" command constitutes a representation on the part of the Gaining Registrar that the requisite authorization has been obtained from the Transfer Contact listed in the authoritative Whois database.
2.2.2 The Gaining Registrar is responsible for validating the Registered Name Holder requests to transfer domain names between Registrars. However, this does not preclude the Registrar of Record from exercising its option to independently confirm the Registered Name Holder's intent to transfer its domain name to the Gaining Registrar in accordance with Section 3 of this policy.
3. Obligations of the Registrar of Record
A Registrar of Record can choose independently to confirm the intent of the Registered Name Holder when a notice of a pending transfer is received from the Registry. The Registrar of Record must do so in a manner consistent with the standards set forth in this agreement pertaining to Gaining Registrars. In order to ensure that the form of the request employed by the Registrar of Record is substantially administrative and informative in nature and clearly provided to the Transfer Contact for the purpose of verifying the intent of the Transfer Contact, the Registrar of Record must use the FOA.
The FOA shall be communicated in English, and any dispute arising out of a transfer request, shall be conducted in the English language. Registrars may choose to communicate with the Transfer Contact in additional languages. However, the Registrar choosing to exercise such option is responsible for the accuracy and completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes and procedures set forth in this policy. This includes but is not limited to the requirement that no Registrar shall add any additional information to the FOA used to obtain the consent of the Transfer Contact in the case of a transfer request.
This requirement does not preclude the Registrar of Record from marketing to its existing customers through separate communications.
The FOA should be sent by the Registrar of Record to the Transfer Contact as soon as operationally possible, but must be sent not later than twenty-four (24) hours after receiving the transfer request from the Registry Operator.Failure by the Registrar of Record to respond within five (5) calendar days to a notification from the Registry regarding a transfer request will result in a default "approval" of the transfer.
In the event that a Transfer Contact listed in the Whois has not confirmed their request to transfer with the Registrar of Record and the Registrar of Record has not explicitly denied the transfer request, the default action will be that the Registrar of Record must allow the transfer to proceed.
Upon denying a transfer request for any of the following reasons, the Registrar of Record must provide the Registered Name Holder and the potential Gaining Registrar with the reason for denial. The Registrar of Record may deny a transfer request only in the following specific instances:
Evidence of fraud
UDRP action
Court order by a court of competent jurisdiction
Reasonable dispute over the identity of the Registered Name Holder or Administrative Contact
No payment for previous registration period (including credit card charge-backs) if the domain name is past its expiration date or for previous or current registration periods if the domain name has not yet expired. In all such cases, however, the domain name must be put into "Registrar Hold" status by the Registrar of Record prior to the denial of transfer.
Express written objection to the transfer from the Transfer Contact. (e.g. - email, fax, paper document or other processes by which the Transfer Contact has expressly and voluntarily objected through opt-in means)
A domain name was already in “lock status” provided that the Registrar provides a readily accessible and reasonable means for the Registered Name Holder to remove the lock status.
A domain name is in the first 60 days of an initial registration period.
A domain name is within 60 days (or a lesser period to be determined) after being transferred (apart from being transferred back to the original Registrar in cases where both Registrars so agree and/or where a decision in the dispute resolution process so directs).
Instances when the requested change of Registrar may not be denied include, but are not limited to:
Nonpayment for a pending or future registration period
No response from the Registered Name Holder or Administrative Contact.
Domain name in Registrar Lock Status, unless the Registered Name Holder is provided with the reasonable opportunity and ability to unlock the domain name prior to the Transfer Request.
Domain name registration period time constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer.
General payment defaults between Registrar and business partners / affiliates in cases where the Registered Name Holder for the domain in question has paid for the registration.
The Registrar of Record has other mechanisms available to collect payment from the Registered Name Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the Registrar of Record must not employ transfer processes as a mechanism to secure payment for services from a Registered Name Holder. Exceptions to this requirement are as follows:
(i) In the case of non-payment for previous registration period(s) if the transfer is requested after the expiration date, or
(ii) In the case of non-payment of the current registration period, if transfer is requested before the expiration date.
4. Registrar Coordination
Each Registrar is responsible for keeping copies of documentation, including the FOA and the Transfer Contacts response thereto, that may be required for filing and supporting a dispute under the dispute resolution policy. Gaining Registrars must maintain copies of the FOA as received from the Transfer Contact as per the standard document retention policies of the contracts. Copies of the reliable evidence of identity must be kept with the FOA.
Both the Gaining Registrar and the Registrar of Record must provide the evidence relied on for the transfer during and after the applicable inter-registrar domain name transaction(s). Such information must be provided when requested by, and only by, the other Registrar that is party to the transfer transaction. Additionally, ICANN, the Registry Operator, a court or authority with jurisdiction over the matter or a third party dispute resolution panel may also require such information within five (5) days of the request.
The Gaining Registrar must retain, and produce pursuant to a request by a Losing Registrar, a written or electronic copy of the FOA. In instances where the Registrar of Record has requested copies of the FOA, the Gaining Registrar must fulfill the Registrar of Records request (including providing the attendant supporting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds for reversal by the Registry Operator or the Dispute Resolution Panel in the event that a transfer complaint is filed in accordance with the requirements of this policy.
If either a Registrar of Record or a Gaining Registrar does not believe that a transfer request was handled in accordance with the provisions of this policy, then the Registrar may initiate a dispute resolution procedure as set forth in Section C of this policy.
For purposes of facilitating transfer requests, Registrars should provide and maintain a unique and private email address for use only by other Registrars and the Registry:
i. This email address is for issue related to transfer requests and the procedures set forth in this policy only.
ii. The email address should be managed to ensure messages are received by someone who can respond to the transfer issue.
iii. Messages received at such email address must be responded to within a commercial reasonable timeframe not to exceed seven (7) calendar days.
5. EPP - based Registry Requirements for Registrars
In EPP-based gTLD Registries, Registrars must follow the requirements set forth below.
Registrars must provide the Registered Name Holder with the unique "AuthInfo" code within five (5) calendar days of the Registered Name Holder's initial request if the Registrar does not provide facilities for the Registered Name Holder to generate and manage their own unique "AuthInfo" code.
Registrars may not employ any mechanism for complying with a Registered Name Holder's request to obtain the applicable "AuthInfo Code" that is more restrictive than the mechanisms used for changing any aspect of the Registered Name Holder's contact or name server information.
The Registrar of Record must not refuse to release an "AuthInfo Code" to the Registered Name Holder solely because there is a dispute between the Registered Name Holder and the Registrar over payment.
Registrar-generated "AuthInfo" codes must be unique on a per-domain basis.
The "Auth-Info" codes must be used solely to identify a Registered Name Holder, whereas the FOA's still need to be used for authorization or confirmation of a transfer request, as described in Section 2 and Section 4 of this policy.
6. Registry Requirements
Upon receipt of the "transfer" command from the Gaining Registrar, Registry Operator will transmit an electronic notification to both Registrars. In the case of those Registries that use electronic mail notifications, the response notification may be sent to the unique email address established by each Registrar for the purpose of facilitating transfers.
The Registry Operator shall complete the requested transfer unless, within five (5) calendar days, Registry Operator receives a NACK protocol command from the Registrar of Record.
When the Registry's database has been updated to reflect the change to the Gaining Registrar, Registry Operator will transmit an electronic notification to both Registrars. The notification may be sent to the unique email address established by each Registrar for the purpose of facilitating transfers or such other email address agreed to by the parties.
The Registry Operator shall undo a transfer if, after a transfer has occurred, the Registry Operator receives one of the notices as set forth below. In such case, the transfer will be reversed and the domain name reset to its original state. The Registry Operator must undo the transfer within five (5) calendar days of receipt of the notice except in the case of a Registry dispute decision, in which case the Registry Operator must undo the transfer within fourteen calendar days unless a court action is filed. The notice required shall be one of the following:
i. Agreement of the Registrar of Record and the Gaining Registrar sent by email, letter or fax that the transfer was made by mistake or was otherwise not in accordance with the procedures set forth in this policy;
ii. The final determination of a dispute resolution body having jurisdiction over the transfer; or
iii. Order of a court having jurisdiction over the transfer.
7. Records of Registration
Each Registrar shall require its customer, the Registered Name Holder, to maintain its own records appropriate to document and prove the initial domain name registration date.
8. Effect on Term of Registration
The completion by Registry Operator of a holder-authorized transfer under this Part A shall result in a one-year extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) years.
B. ICANN-Approved Transfers
Transfer of the sponsorship of all the registrations sponsored by one Registrar as the result of (i) acquisition of that Registrar or its assets by another Registrar, or (ii) lack of accreditation of that Registrar or lack of its authorization with the Registry Operator, may be made according to the following procedure:
(a) The gaining Registrar must be accredited by ICANN for the Registry TLD and must have in effect a Registry-Registrar Agreement with Registry Operator for the Registry TLD.
(b) ICANN must certify in writing to Registry Operator that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual or imminent business failure of a Registrar.
Upon satisfaction of these two conditions, Registry Operator will make the necessary one-time changes in the Registry database for no charge, for transfers involving 50,000 name registrations or fewer. If the transfer involves registrations of more than 50,000 names, Registry Operator will charge the gaining Registrar a one-time flat fee of US$ 50,000.
C. Transfer Dispute Resolution Policy
Procedures for handling disputes concerning inter-registrar transfers are set forth in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operators and ICANN accredited Registrars.
Registrar Transfer Dispute Resolution Policy
In any dispute relating to Inter-Registrar domain name transfers, Registrars are encouraged to first of all attempt to resolve the problem among the Registrars involved in the dispute. In cases where this is unsuccessful and where a registrar elects to file a dispute, the following procedures apply. It is very important for Registrars to familiarize themselves with the Transfer Dispute Resolution Policy (TDRP) as described in this document before filing a dispute. Transfer dispute resolution fees can be substantial. It is critical that Registrars fully understand the fees that must be paid, which party is responsible for paying those fees and when and how those fees must be paid.
The TDRP and corresponding procedures will apply to all domain names for which transfer requests are submitted on or after the effective date of this policy.
1. Definitions
1.1 Dispute Resolution Panel
The Dispute Resolution Panel shall mean an administrative panel appointed by a Dispute Resolution Provider ("Provider") to decide a Request for Enforcement concerning a dispute under this Dispute Resolution Policy.
1.2 Dispute Resolution Provider
1.3 The Dispute Resolution Provider must be an independent and neutral third party that is neither associated nor affiliated with either Registrar involved in the dispute or the Registry Operator under which the disputed domain name is registered. ICANN shall have the authority to accredit one or more independent and neutral Dispute Resolution Providers according to criteria developed in accordance with this Dispute Resolution Policy.
1.4 FOA
Form of Authorization - The standardized form of consent that the Gaining Registrar and Registrar of Record are required to use to obtain authorization from the Registrant or Administrative Contact in order to properly process the transfer of domain name sponsorship from one Registrar to another.
1.5 Gaining Registrar
The Registrar that submitted to the Registry the request for the transfer of a domain sponsorship from the Registrar of Record.
1.6 Registrar of Record
The Registrar of Record for a domain name for which the Registry received a transfer of sponsorship request.
1.7 Registrant
The Registrant is the individual or organization that registers a specific domain name. This individual or organization holds the right to use that specific domain name for a specified period of time, provided certain conditions are met and the registration fees are paid. This person or organization is the "legal entity" bound by the terms of the relevant service agreement with the Registry operator for the TLD in question.
1.8 Registry (Registry Operator)
The organization authorized by ICANN to provide registration services for a given TLD to ICANN-accredited Registrars.
1.9 Supplemental Rules
The Supplemental Rules shall mean those rules adopted by the Registry Operator, in the case of First Level disputes (as set forth below), or the Provider administering a proceeding (in the case of all other disputes) to supplement this Policy. Supplemental Rules shall be consistent with this Dispute Resolution Policy and shall cover topics such as fees, word and page limits and guidelines, the means for communicating with the Provider, and the form of cover sheets.
1.10 Transfer Policy
The Policy on Transfer of Sponsorship of Registrations between Registrars which is in force as part of the Registry-Registrar Agreement executed between a Registrar and the Registry, as well as the Registrar Accreditation Agreement which is executed between ICANN and all ICANN- accredited registrars.
2. Dispute Resolution Process
There are two possible steps to the Registrar Transfer Dispute Resolution Process. A Registrar may elect one or both of the steps pursuant to the rules below. In the event a Registrar either files a Request for Enforcement (as described below) with a Second-Level Dispute Provider, or files an Appeal (as described below) with a Dispute Provider, it may not revert to the First-Level Registry option later for the same filing or matter presented for resolution.
2.1 First Level - Registry Operator
A Registrar may choose to file a dispute directly with the relevant Registry Operator. Any decisions made by the Registry Operator may be appealed to a Dispute Resolution Provider. A Registrar may file a dispute directly to a Dispute Resolution Provider; however, in that case the filing Registrar would forfeit any right to appeal the decision of the Dispute Resolution Provider.
2.2 Second-Level - Dispute Resolution Panel
The primary intent of this step is to provide a means for registrars to appeal decisions made by the Registry at the first level of the dispute resolution process, but it may also be used as the first step if a registrar so elects. The decision of the Dispute Resolution Panel is final, except as it may be appealed to a court of competent jurisdiction.
2.3 Statute of Limitations
A dispute must be filed no later than six (6) months after the alleged violation of the Transfer Policy. In the case where a Registrar of Record alleges that a transfer was in violation of this Policy, the date the transfer was completed shall be deemed the date in which the "alleged violation" took place. In the case where a Gaining Registrar alleges that a transfer should have taken place, the date in which the NACK (as defined below) was received by the Registry, shall be deemed the date in which the "alleged violation" took place.
3. Dispute Procedures at the First Level (Registry)
3.1 Registrar files a Request for Enforcement with the applicable Registry Operator
3.1.1 Either the Gaining or Registrar of Record ("Filing Registrar") may submit a Request for Enforcement. This must be done in accordance with the Supplemental Rules adopted by the applicable Registry Operator.
3.1.2 The Request for Enforcement shall be submitted to the Registry and to the Respondent (the Non-filing Registrar) in electronic form and shall:
(i) Request that the Request for Enforcement be submitted for decision in accordance with the Registrar Transfer and Dispute Resolution Policy and the applicable Supplemental Rules;
(ii) Provide the name, postal and e-mail addresses, and the telephone and fax numbers of the Filing Registrar and those representatives authorized by the Filing Registrar to act on behalf of the Filing Registrar in the administrative proceeding;
(iii) Provide the name of the Respondent and all information (including any postal and e-mail addresses and telephone and fax numbers) known to Filing Registrar regarding how to contact Respondent or any representative of Respondent, including contact information based on pre-complaint dealings;
(iv) Specify the domain name(s) that is/are the subject of the Request for Enforcement;
(v) Specify the incident(s) that gave rise to the dispute;
(vi) Describe, in accordance with the Policy, the grounds on which the Request for Enforcement is based;
(vii) State the specific remedy being sought (either approval or denial of the transfer);
(viii) Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the complaint;
(ix) Certify that a copy of the Request for Enforcement, together with the cover sheet as prescribed by the Provider's Supplemental Rules, has been sent or transmitted to the Respondent; and
(x) Conclude with the following statement followed by the signature of the Complainant or its authorized representative:
"<insert name of Filing Registrar> agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute's resolution shall be solely against the Respondent and waives all such claims and remedies against the Registry Operator as well as its directors, officers, employees, and agents, except in the case of deliberate wrongdoing or gross negligence."
"<insert name of Filing Registrar> certifies that the information contained in this Request for Enforcement is to the best of Filing Registrar's knowledge complete and accurate, that this Request for Enforcement is not being presented for any improper purpose, such as to harass, and that the assertions in this Request for Enforcement are warranted under this Policy and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument."3.1.3 The Request for Enforcement may relate to more than one domain name, provided that the domain names involve the same Filing Registrar and Respondent and that the claims arise out of the same or similar factual circumstances.
3.1.4 The Request for Enforcement shall annex the following documentary evidence (as applicable and available) in electronic form if possible, together with a schedule indexing such evidence:
(i) For the Gaining Registrar:
a. Completed Form of Authorization ("FOA")
b. Copy of the Whois output for the date transfer was initiated, which was used to identify the authorized Transfer Contacts
c. Copy of evidence of identity used
d. Copy of a bilateral agreement, final determination of a dispute resolution body or court order in cases when the Registrant of Record is being changed simultaneously with a Registrar Transfer
e. Copies of all communications made to the Registrar of Record with regard to the applicable transfer request along with any responses from the Registrar of Record
(ii) For the Registrar of Record:
a. Completed FOA from Registrar of Record if applicable
b. Copy of the Whois output for the date the transfer was initiated
c. Relevant history of Whois modifications made to the applicable registration
d. Evidence of one of the following if a transfer was denied:
fraud;
UDRP action;
court order;
Registrant or administrative contact identity dispute in accordance with Section 4 [Registrar of Record Requirements]
applicable payment dispute along with evidence that the registration was put on HOLD status;
express written objection from the Registered Name Holder or Administrative Contact;
LOCK status along with proof of a reasonable means for the registrant to remove LOCK status as per Section __of Exhibit __ to this Agreement;
domain name within 60 days of initial registration; or
domain name within 60 days of a prior transfer.
e. Copies of all communications made to the Gaining Registrar with regard to the applicable transfer request along with any responses from the Gaining Registrar.
3.2 The Non-Filing Registrar ("Respondent") shall have seven (7) calendar days from receipt of the Request for Enforcement to prepare a Response to the Request for Enforcement ("Response").
3.2.1 The Response shall be submitted in electronic form to both the Registry and Filing Registrar and shall:
(i) Respond specifically to the statements and allegations contained in the Request for Enforcement (This portion of the response shall comply with any word or page limit set forth in the Dispute Resolution Provider's Supplemental Rules.);
(ii) Provide the name, postal and e-mail addresses, and the telephone and fax numbers of the Respondent (non-filing Registrar);
(iii) Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the Request for Enforcement;
(iv) State that a copy of the Response has been sent or transmitted to the Filing Registrar;
(v) Conclude with the following statement followed by the signature of the Respondent or its authorized representative:
"Respondent certifies that the information contained in this Response is to the best of Respondent's knowledge complete and accurate, that this Response is not being presented for any improper purpose, such as to harass, and that the assertions in this Response are warranted under these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument."; and
(vi) Annex any documentary or other evidence upon which the Respondent relies, together with a schedule indexing such documents.
3.2.2 At the request of the Respondent, the Registry Operator may, in exceptional cases, extend the period of time for the filing of the response, but in no case may the extension be more than an additional five (5) calendar days. The period may also be extended by written stipulation between the Parties, provided the stipulation is approved by the Registry Operator.
3.2.3 If a Respondent does not submit a response, in the absence of exceptional circumstances, the Registry Operator shall decide the dispute based upon the Request for Enforcement.
3.3 Registry Operator must review all applicable documentation and compare registrant/contact data with that contained within the authoritative Whois database and reach a conclusion not later than 14 days after receipt of the Response.
3.3.1 If the data included in the Request for Enforcement does not match the data listed in the authoritative Whois, the Registry Operator must contact each Registrar and require additional documentation.
3.3.2 If the Gaining Registrar cannot provide a complete FOA with data matching that contained within the authoritative Whois database, then the Registry Operator shall find that the transfer should be reversed. In the case of a thick Registry, if the Registrar of Record's Whois is not accessible or invalid, the Registry Operator's Whois should be used. In the case of a thin Registry, if the Registrar of Record's Whois is not accessible or is invalid, the Registry Operator must notify ICANN and place the dispute on hold until such time as the specific problem is resolved by ICANN.
3.3.3 In the case where a Registrar of Record denies a request for a domain name transfer ("NACKs"), the Registrar of Record must provide evidence of one of the factors for which it is allowed to NACK. If the Registrar of Record cannot provide evidence that demonstrates any of the factors, and the Gaining Registrar provides to the Registry a complete FOA with data matching that contained within the authoritative Whois database, then the transfer must be approved to be processed.
3.3.4 If the data provided by neither Registrar appears to be conclusive, then the Registry shall issue a finding of "no decision." If the data provided to the Registry is complete and provides sufficient basis for a determination based on the Policy, the Registry may not issue a finding of "no decision." Either Registrar shall be able to appeal such issue to a Second-Level Dispute Resolution Provider in accordance with the provisions set forth below.
3.4 Fees for First-Level Dispute Resolution Service
3.4.1 There is no filing fee assessed to the Filing Registrar at the time the Request for Enforcement is submitted to the Registry Operator.
3.4.2 The Registrar that does not prevail in the dispute will be assessed a fee to be set by the Registry Operator. Such fee shall be set forth in the Registry's Supplemental Rules that are in effect at the time that the Request for Enforcement was filed.
3.4.3 This fee shall not be passed on to the Registrant.
3.4.4 This fee will be charged after a final decision is rendered by the Registry. In the case that the Registry issues a finding of "no decision," the Registry Operator shall collect the applicable fees from the Filing Registrar.
3.5 Availability of Court Proceedings
The procedures set forth above shall not prevent a Registrar from submitting a dispute to a court of competent jurisdiction for independent resolution before such an administrative proceeding is commenced or after such proceeding is concluded. If a Registry Operator decides a domain name registration should be transferred (either to the Gaining Registrar, or alternatively, back from the Gaining Registrar to the Registrar of Record), the Registry will wait fourteen (14) calendar days after it is informed of the decision before implementing that decision. The Registry will then implement the decision unless it has received during that fourteen (14) calendar day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that a lawsuit has commenced with respect to the impacted domain name(s). If such documentation is received by the Registry Operator within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented to the Registry Operator that the parties have resolved such dispute; (ii) evidence is presented to the Registry Operator that the lawsuit has been dismissed or withdrawn; or (iii) the Registry Operator receives a copy of an order from such court.
4. Dispute Procedures at the Second Level with a Dispute Resolution Provider
4.1 The services of the Dispute Resolution Panel may be invoked in any of the following two situations:
(i) A Filing Registrar may elect to skip the First-Level dispute process at Registry level and submit a Request for Enforcement directly with a Dispute Resolution Provider;
(ii) The non-prevailing Registrar in a First-Level dispute proceeding may submit an appeal of the applicable Registry Operator's decision to the Dispute Resolution Provider. Additionally, in the case where the result in the First-Level dispute process is a "no-decision," either Registrar may file an Appeal of such decision to a Dispute Resolution Provider.
4.2 Initial Request for Enforcement
4.2.1 In the event that the Filing Registrar elects to submit a Request for Enforcement to the Dispute Resolution Provider in lieu of submitting a Request for Enforcement to the applicable Registry Operator, the obligations and responsibilities set forth in Sections 3.1 through 3.2 above shall apply.
4.2.2 The Dispute Resolution Panel appointed by the Dispute Resolution Provider must review all applicable documentation and compare registrant/contact data with that contained within the authoritative Whois database and reach a conclusion not later than thirty (30) days after receipt of Response from the Respondent.
(i) If the data does not match the data listed in authoritative Whois, the Dispute Resolution Panel should contact each Registrar and require additional documentation.
(ii) If the Gaining Registrar is unable to provide a complete FOA with data matching that contained within the authoritative Whois database at the time of the transfer request, then the Dispute Resolution Panel shall find that the transfer should be reversed. In the case of a thick Registry, if the Registrar of Record's Whois is not accessible or invalid, the applicable Registry Operator's Whois should be used. In the case of a thin Registry, if the Registrar of Record's Whois is not accessible or is invalid, the Dispute Resolution Provider may place the dispute on hold until such time as the problem is resolved.
(iii) In the case where a Registrar of Record NACKs a transfer, the Registrar of Record must provide evidence of one of the factors for which it is allowed to NACK as set forth in Section 3.1.4 (ii) of this Dispute Resolution Policy. If the Registrar of Record cannot provide evidence that demonstrates any of the factors, and the Gaining Registrar provides to the Dispute Resolution Provider a complete FOA with data matching that contained within the authoritative Whois database at the time of the transfer request, then the transfer should be approved.
(iv) Unlike under the First-Level dispute process, the Dispute Resolution Panel may not issue a finding of "no decision." It must weigh the applicable evidence in light of the Transfer policies and determine, based on a preponderance of the evidence, which Registrar should prevail in the dispute and what resolution to the Request for Enforcement will appropriately redress the issues set forth in the Request for Enforcement.
(v) Resolution options for the Dispute Resolution Panel are limited to the following:
a. Approve Transfer
b. Deny the Transfer (or ordering the domain name be returned to the Registrar of Record in cases where a Transfer has already occurred)
4.3 Appeal of First Level Dispute Decision or Registry Operator Finding of "No-Decision."
4.3.1 In the event that the Registrar which does not prevail in the First-Level dispute is dissatisfied by the Registry-Operator's decision, such Registrar may file an appeal with a Dispute Resolution Provider, provided that such appeal is filed no later than fourteen (14) calendar days after the date on which the First-Level decision was issued.
4.3.2 In the event that the Registry Operator issues a finding of "no-decision" in accordance with Section 3.3.4 above, either Registrar may file an appeal of such decision with a Dispute Resolution Provider, provided that such appeal is filed no later than fourteen (14) calendar days after the date on which the First-Level decision was issued.
4.3.3 In either case, the document submitted by the Registrar to the Dispute Resolution Provider shall be referred to as an "Appeal."
4.3.4 The Appellant shall submit the Appeal in electronic form and shall:
(i) Request that the Appeal be submitted for decision in accordance with the Policy and these Rules;
(ii) Provide the name, postal and e-mail addresses, and the telephone and telefax numbers of the Appellant and of any representative authorized by the Appellant to act on behalf of the Appellant in the administrative proceeding;
(iii) Provide the name of the Appellee and all information (including any postal and e-mail addresses and telephone and telefax numbers) known to Appellee regarding how to contact Appellee or any representative of Appellee, including contact information based on pre-Request for Enforcement and pre-Appeal dealings;
(iv) Specify the domain name(s) that is/are the subject of the Appeal;
(v) Specify the incident(s) which gave rise to the dispute;
(vi) State the basis for such appeal, including specific responses to the findings of the Registry Operator in the First-Level Dispute process. (This portion of the response shall comply with any word or page limit set forth in the Dispute Resolution Provider's Supplemental Rules);
(vii) Specify, in accordance with the Policy, the remedies sought;
(viii) Identify any other related legal proceedings known to the Appellant that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the complaint;
(ix) State that a copy of the Appeal, together with the cover sheet as prescribed by the Dispute Resolution Provider's Supplemental Rules, has been sent or transmitted to the Appellee; and
(x) Conclude with the following statement followed by the signature of the Appellant or its authorized representative:
"Appellant agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute's resolution shall be solely against the Appellee and waives all such claims and remedies against the Dispute Resolution Provider and the Registry Operator as well as their directors, officers, employees, and agents, except in the case of deliberate wrongdoing or gross negligence."
"Appellant certifies that the information contained in this Appeal is to the best of Appellant's knowledge complete and accurate, that this Appeal is not being presented for any improper purpose, such as to harass, and that the assertions in this Appeal are warranted under this Policy and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument."
4.3.5 The Appeal may relate to more than one domain name, provided that the domain names involve the same decision issued by the Registry Operator for the First-Level Dispute.4.3.6 The Appeal shall annex any documentary evidence that was not already submitted to the Registry Operator during the First-Level Dispute.
4.3.7 A Dispute Resolution Provider must request all documentation relating to the First-Level Dispute from the applicable Registry Operator no later than seven (7) calendar days of receipt of the appeal. The Registry Operator shall submit such documentation to the Dispute Resolution Provider within seven (7) days of such request.
4.3.8 The Dispute Resolution Panel must review all applicable documentation and reach a conclusion not later than 30 calendar days after receipt of the Appeal.
(i) The Dispute Resolution Panel may submit questions to the Registry, the Appellant or Appellee.
(ii) Responses to all such questions must be received by the Dispute Resolution Panel within 7 days.
(iii) The Dispute Resolution Panel shall review each Appeal on a De Novo basis. Although the Dispute Resolution Panel is not bound by the findings of the Registry Operator in an Appeal, it shall have the discretion to consider such findings in reaching its own conclusions. The purpose of the Dispute Resolution Panel should be to make a determination as to whether the Appeal has merit based solely on the requirements of the current Transfer policy and determine the appropriate resolution to the issues presented.
Approval of a Transfer
Denial of the Transfer (or ordering the domain name be returned to the Registrar of Record in cases where a Transfer has already occurred)
4.4 Fees for Second-Level Dispute Resolution Service
4.4.1 In the case of either a Request for Enforcement or an Appeal filed at the Second Level, the applicable Dispute Resolution Provider shall determine the applicable filing fee ("Filing Fee"). The specific fees along with the terms and conditions governing the actual payment of such fees shall be included in the Dispute Resolution Provider's Supplemental Rules.
4.4.2 In the event that the Filing Registrar or Appellant, whichever applicable, does not prevail in a Second-Level dispute, the Filing Fees shall be retained by the Dispute Resolution Provider.
4.4.3 In the event that the Filing Registrar or Appellant, whichever applicable, prevails in a Second-Level dispute, the Respondent or Appellee, whichever applicable, must submit to the Dispute Resolution Provider, the Filing Fees within fourteen (14) calendar days after such decision. In such an event, the Dispute Resolution Provider shall refund to the Filing Registrar or Appellant, whichever applicable, the Filing Fees, no later than fourteen (14) calendar days after it receives the Filing Fees from the Respondent or Appellee. Such fees must be paid regardless of whether a Court Proceeding is commenced in accordance with Section 4.5 below. Failure to pay Filing Fees to the Dispute Resolution Provider may result in the loss of accreditation by ICANN.
4.5 Availability of Court Proceedings
The procedures set forth above shall not prevent a Registrar from submitting a dispute to a court of competent jurisdiction for independent resolution before such administrative proceeding is commenced or after such proceeding is concluded. If a Dispute Resolution Panel decides a domain name registration should be transferred (either to the Gaining Registrar, or alternatively, back from the Gaining Registrar to the Registrar of Record), such Registrar will wait fourteen (14) calendar days after it is informed of the decision before implementing that decision. The Registry will then implement the decision unless it has received from either of the parties to the dispute during that fourteen (14) calendar day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that a lawsuit has commenced with respect to the impacted domain name(s). If such documentation is received by the Registry, as applicable, within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented that the parties have resolved such dispute; (ii) evidence is presented that the lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the lawsuit or ordering certain actions with respect to the domain name.
NICENIC
Domain Reseller Agreement
Terms and Conditions
This Domain Name Registration Agreement is between NICENIC
INTERNATIONAL GROUP CO., LIMITED, trading as Domain Registrar,
and Domain Reseller.
You agree that Domain Registrar may modify this agreement in order
to comply with applicable law and the terms and conditions set forth
by ICANN or Registries.
1. Fees
Domain Registrar operates a credit system whereby you must have a
positive credit balance to perform transactions.
In special circumstances account charging may be allowed, however
you will be required to provide a direct debit authority.
When you receive fees from an end user for a registration or renewal
you should not unreasonably delay the processing of the transaction.
2. Domain Name Registrations
You agree to register name holders as the customer who has
requested and paid for the Domain.
You may not register Domain names in your own name or use this
method to gain an unlawful advantage over a customer from your
prior registration.
3. Domain Name Renewals
It is your responsibility to ensure your customer Domain names are
renewed.
It is your customers' responsibility to ensure they keep their contact
details up to date so you can notify them of pending renewals.
The Domain Registrar system provides an automated email reminder
service which is active by default and can be deactivated.
Regardless of whether the automated email reminders are active, the
Domain Registrar system will notify a customer by email 30 days, 15
days, 3 days prior to domain expiry date, overdue day and 15 days
after expiry. The email will be sent from your Reseller name and will
be sent to the name holder, billing and technical contacts.
Each ccTLD has its own Renewal Rule, you and your customers agree
to be bound by that suffix's Renewal Rule.
You agree to not involve Domain Registrar in any disputes relating to
gTLDs and ccTLD being deleted by Registry due to your not timely
renewal.
4. Domain Transfers
If you are transferring a Domain into Domain Registrar, you agree that
you do so with the name holder's authority and with your assurance
that the name holder understands the impact of such a change.
5. Contact Information
It is your responsibility to ensure your customer provides true and
accurate contact details for their Domain registrations and to update
details as they may change.
Domains found to be in breach of the requirement to provide true and
accurate contact details may be canceled or suspended without
warning.
6. Dispute Resolution
"Registrar Transfer Dispute Resolution Policy" can be found at
https://nicenic.net/support/print.php?IDCate=20&IDDoc=80
2 and
https://nicenic.net/support/print.php?IDCate=20&IDDoc=80
4.
Each ccTLD has its own dispute resolution policy and by registering a
domain name you and your customers agree to be bound by that
suffix's policy.
You agree to not involve Domain Registrar in any disputes relating to
Domain name ownership, fees or hosting.
If any dispute relating to a Domain name arises you agree to hold
Domain Registrar free of any liability for loss of business, loss of profit
or damages.
7. Domain Passwords
You agree to generate an EPP Auth Code in a reasonable timeframe
upon request.
You agree not to withhold a Domain password upon request.
8. Fair Use
You agree not to use Domain Registrar for:
(1) Mass whois queries (for the purposes of marketing activities
otherwise)
(2) Activities that defame, harm, harass, abuse or threaten third
parties
(3) Activities prohibited by the laws of the territories in which you
operate
If found to be in breach of this clause, Domain Registrar may
terminate service without warning.
If a third party alleges a breach of this clause Domain Registrar may
terminate service without warning.
9. Customer Support
Domain Registrar is a wholesale provider and does not provide end
user support.
The exception is where your customer is unable to make contact with
you, in which case we may charge a fee for handling their request.
You agree to provide support to your customers for billing and
administration, in a reasonable timeframe.
The exception is change of name holder requests which must be sent
to and actioned by Domain Registrar.
10. Business Continuity
If a Reseller is unable to process renewal transactions (after
instructed by a registrant and/or following a renewal payment) due to
an inability to credit their Reseller account, Domain Registrar may be
forced to establish a direct relationship with the reseller’s customers
in order to meet its obligations.
The Reseller agrees that when all options to ensure continuity of the
Reseller’s business have been exhausted, Domain Registrar may
directly contact the Reseller’s customers.
11. Payment Processing
Domain Registrar provides one or more gateways for accepting
payments, which include, but are not limited to: Paypal, Wire Transfer
for offline payments.
12. Limitation of Liability
Except as provided below, all terms, warranties, undertakings,
inducements and representations relating to the provision of any
Service or goods are excluded and Domain Registrar will not be liable
for any loss or damage (including consequential loss or damage)
however caused (whether by negligence or otherwise) in respect of
any Service inclusive of any software material hosted or designed by
Domain Registrar. However, Domain Registrar's liability for any breach
of such implied term or warranty will be limited at Domain Registrar's
option to the changes it makes or in any other way permitted by any
relevant legislation.
NiceNIC HK Reseller Agreement - HKIRC Accredited Registrar
Hong Kong Internet Registration Corporation Limited
Code of Practice for Registrars and Resellers
[Effective 12 January 2011]
1. Purpose
1.1 The Code of Practice for Registrars and Resellers (the "Code of Practice") has been adopted by the Hong Kong Internet Registration Corporation Limited ("HKIRC") and forms part of the Registrar Agreement. The Registrar shall ensure that any Reseller associated with the Registrar has read and accepted this Code of Practice.
1.2 The purpose of this Code of Practice is to promote and protect the interests of the domain name registration industry, Registrars and Resellers ("Suppliers") and Customers and Registrants, and is intended to support and promote competition in the industry. This Code of Practice intends to encourage best practices in the industry by:
i establishing minimum standards for dealings between Suppliers and Customers and Registrants;
ii preventing practices that undermine the reputation of the industry and the interests of Customers and Registrants;
iii establishing basic principles in relation to Complaint Handling by Suppliers; and
iv regulating advertising activities of Suppliers and their provision of information relating to domain name registration and related services to Registrants.
1.3 All capitalized terms in this Code of Practice have defined meanings which are set out in section 11 of this Code of Practice.
2. Compliance And Enforcement of this Code of Practice
2.1 Compliance with this Code of Practice is mandatory for all Suppliers.
2.2 The Registrar is responsible for enforcing this Code of Practice with its Resellers.
2.3 All Suppliers must provide proper customer service and shall respond to and handle any Complaints in a prompt and efficient manner in accordance with the Complaint Handling Principles.
2.4 Suppliers shall develop, maintain and adopt a system in accordance with the Complaint Handling Principles within their respective organizations.
2.5 Suppliers shall, upon request of HKIRC and within the requested time, provide to HKIRC or its authorised representatives information about their compliance systems associated with this Code of Practice.
2.6 Nothing in this Code of Practice is intended to derogate from any rights or causes of action a person may have under any law of any jurisdiction.
2.7 A breach of this Code is a breach under the Registrar Agreement and may result in the suspension or termination of a Supplier's accreditation or the termination of the Registrar Agreement.
3. Market Conduct
3.1 In handling a request from a Registrant for registration or renewal of a Domain Name, Suppliers must ensure Registrant satisfies or continue to satisfy the registration eligibility requirements of HKIRC in respect of the Domain Name as set out in the Registration Policies.
3.2 Suppliers shall only register or renew a Domain Name in accordance with the Registration Policies and shall be responsible to ensure that the necessary fees are paid by Registrants. Suppliers shall inform Registrants applying for Domain Name renewal before the relevant Domain Name expires that non-payment of renewal fees will lead to a black-out period and subsequent cancellation of a Domain Name registration.
3.3 Suppliers shall not register or renew Domain Names without a request from a Registrant and for the purpose of preventing a competitor of the Supplier from registering the Domain Name on behalf of the Registrant, or for the purpose of later offering this Domain Name to potential Customers and Registrants.
3.4 Suppliers shall not register Domain Names on their own behalf for the purpose of preventing any other Domain Name registration. A Supplier may however register Domain Names on its own behalf for its own genuine commercial and business use.
3.5 Suppliers shall only register or renew a Domain Name for a period not more than the maximum term allowed by HKIRC.
3.6 Suppliers shall be capable of promptly and accurately entering into its own records all relevant information regarding its Registrants and communicating all information to HKIRC as required.
3.7 Suppliers shall not be dishonest or act in bad faith towards Customers and Registrants or to potential Customers and Registrants.
4. Customer and Registrant Contact
4.1 The Registrar on record of a Domain Name shall maintain records of a Registrant's current Supplier and shall provide such records to HKIRC upon the registration of the Domain Name, together with any updates of such information.
4.2 A Supplier shall not send a renewal notice to a Registrant, or issue any other communication that might reasonably be construed by a Registrant to be a renewal notice, for a Domain Name unless the Registrar is the registrar on record for that Domain Name or the Reseller is the Reseller of the Domain Name.
4.3 A Supplier shall send a renewal notice to a Registrant reminding them of the need to renew a Domain Name not less than thirty (30) days, but not more than one hundred and twenty (120) days, prior to the date of expiration of a Domain Name.
4.4 A Supplier shall advise the Registrant of any change of its status, including any change of association of a Reseller with a different registrar.
4.5 A Supplier must fully disclose to the Registrant or Customer the following minimum information:
(a) details of the Supplier including:
(i) its company and business registration name under which the Supplier's business is conducted;
(ii) address of the registered office or principal place of business of the Supplier; and
(iii) email address and other means of contact and web site URL of the Supplier;
(b) the identity of the registrar being used by the Supplier (if the Supplier is not a registrar) including the trading name shown in the HKIRC list of registrars;
(c) the terms and conditions of registration between the Registrant and the Registrar (which must include the mandatory provisions requested under this Registrar Agreement);
(d) a copy of the Registration Policies, Domain Name Dispute Resolution Policy and Rules of Procedure, Published Policies or the URL link to it;
(e) the service standards and complaints handling procedures of the Supplier; and
(f) customer service support and contact information.
4.6 If the Registrar receives a Complaint about the accuracy of WHOIS data, the Registrar or its responsible Reseller shall on receiving, or receiving notice of, the Complaint shall make reasonable efforts to contact the Registrant to arrange for the information to be corrected.
4.7 Suppliers shall maintain information provided by Registrants as true and updated.
5. Service and Marketing efforts
5.1 All advertising by a Supplier about its Domain Name Services must comply with all applicable legislations and published standards.
5.2 Suppliers shall provide Customers with information about themselves and their services or advertising or promotional materials that is:
(i) clear;
(ii) accurate; and
(iii) not confusing, misleading or deceptive.
5.3 Suppliers must publish information about changes to any policy that may materially affect a Registrant's Domain Name and the related services provided by the Suppliers.
6. Restrictions
6.1 Suppliers shall not solicit or represent to any person that Suppliers enjoy access to services of HKIRC that are superior to that of any other Suppliers.
6.2 Suppliers shall not do, cause or omit to do anything which may harm the reputation, goodwill or business of HKIRC and/or the domain name registration industry.
7. Conduct of Employees, Agents, Contractors and Resellers
7.1 The appointment or engagement of Resellers by a Registrar shall not to any extent negate or minimise the responsibilities of a Registrar to comply with this Code of Practice. All Registrars shall remain responsible and liable for the acts or omissions of the Resellers and shall be liable to HKIRC for any breach or threatened breach of this Code of Practice by its Resellers.
7.2 Each Supplier must use reasonable efforts to ensure its employees, agents and contractors are bound by and comply with this Code of Practice.
7.3 If a Supplier becomes aware of any actual or potential or threatened breach of this Code of Practice by its employees in the course of their employment or by its agents or contractors(including Resellers) in the course of performing their functions as agents or contractors, the Supplier must take such action as may be reasonably available to it to prevent or discourage the continuation of the breach of this Code of Practice. In the event of a serious breach or material default, the Supplier shall also immediately inform HKIRC of such breach and shall take such steps as HKIRC shall require to stop or prevent the continuation and/or recurrence of such an event.
8. Customer Service
8.1 Suppliers shall provide high quality customer service to all Customers and Registrants.
8.2 Suppliers shall:
i. publish on their web site a written Complaints handling process which is to be available to all Customers at no charge;
ii. provide a link on their web site to all published policies of HKIRC and any customer service related information;
iii. promptly inform the Registrants before changing the terms and conditions of an existing Domain Name registration, renewal or maintenance;
iv. provide up-to-date service information and charges of Suppliers;
v. detail the method, availability and cost of customer service provided;
vi. proceed with the domain name application, transfer, modification or cancellation within one working day after receiving a Registrant's request or receiving the required documents from customers;
vii. respond to Customer enquiries within one working day.
8.3 Suppliers shall at all times comply with all applicable local and international laws, regulations, guidelines, code of conduct, industry practices, including but not limited to the Personal Data (Privacy) Ordinance (Cap 486) and the Unsolicited Electronic Messages Ordinance (Cap 593) or equivalent applicable laws in other jurisdictions. Any breach of such applicable laws shall constitute a breach of the Registrar Agreement.
8.4 Suppliers must publish on their web site, and include in their terms and conditions, a clear policy for Registrants to cancel Domain Name registrations and/or terminate their relationship with the Suppliers.
9. Complaints Handling Principles
9.1 Suppliers shall:
i. provide an efficient, fair and accessible mechanism for handling Complaints;
ii. publish on their web site a Complaint handling procedures;
iii. demonstrate a commitment to the right of Customers and Registrants to complain;
iv. at all times treat a Complainant with courtesy; and
v. ensure any Complaints are handled without prejudice.
9.2 Suppliers shall provide adequate resources for Complaint handling with sufficient delegated levels of authority, and shall be determined to implement remedies and methods to reach a solution.
9.3 Complaints must be dealt with efficiently and, if possible, within ten (10) days from receipt of a Complaint. If more time is required for investigation, Suppliers shall let the Complainant know the expected time by which a response will be given.
9.4 Suppliers must advise Complainants of the outcome of the investigation of their Complaint, whether orally or in writing, if so requested by the Complainant.
9.5 HKIRC reserves the right to enquire or investigate into the service level and commitment of Suppliers. Suppliers shall fully cooperate with HKIRC to provide all relevant information including details of any Complaint, whether or not the Complaint is already known to HKIRC, or already resolved.
9.6 Suppliers must implement processes and procedures and must deal with Complainants in accordance with the Complaints Handling Principles set out in this Code of Practice.
9.7 Suppliers must provide easily accessible and comprehensible information on how, when and where to make a Complaint.
9.8 Suppliers must promptly update its web site with any information regarding their Complaint handling process to reflect any variations to the process.
10. Complaints to HKIRC
10.1 Suppliers must at any appropriate time advise Complainants of their avenues of recourse, including the option to complain to HKIRC where the Complainant remains dissatisfied with the outcome of a Complaint.
10.2 Suppliers must have in place appropriate systems to record Complaints and their outcomes, and shall keep HKIRC informed on monthly basis of the statistics, details and outcomes of the investigations.
11. Definitions
Term Definition
Complainant means a person making a Complaint.
Complaint means any expression of dissatisfaction or grievance made to a Supplier or HKIRC by a Customer or member of the public (including another Supplier) in relation to any act or omission of a Supplier related in any way to Domain Names.
Complaint Handling Principles means the principles set out in section 9 of this Code of Practice.
Customer means a person or entity who:
a) has a contract with a Supplier for the supply of a Domain Name and/or related services;
b) is or may be eligible under the criteria set by a Supplier to enter into a contract for the supply of the Domain Name and/or related services;
c) is or may be eligible to obtain a Domain Name under the eligibility criteria set by HKIRC from time to time;
d) is a Registrant; or
e) is a potential Registrant.
Domain Name means a domain name in any Domain Name Category.
Domain Name Categories means a designated '.hk' or '.香港' ccTLD domain name category, as set out in the Registrar Agreement from time to time.
HKIRC means Hong Kong Internet Registration Corporation Limited, a non-statutory corporation responsible for the administration of Internet domain names under '.hk' and '.香港' country-code top level domains.
Published Policies means those policies or notices established and published by HKIRC from time to time. It includes but not limited to Registration Policies, Procedures and Guidelines, Domain Name Dispute Resolution Policy and Rules of Procedure.
Registrant means an entity or individual that holds a Domain Name.
Registrar means an entity that registers Domain Names for Customers and who is accredited by HKIRC in accordance with accreditation practices and procedures of HKIRC.
Registrar Agreement means the agreement entered into between a Registrar and HKIRC in accordance with HKIRC accreditation practices and procedures.
Registration Policies means the Registration Policies, Procedure and Guideline of HKIRC in respect of a Domain Name including all of the subsequent versions, amendments and supplements.
Reseller means a person appointed by a Registrar to represent registrants as an agent for applying Domain Names or related services and to provide Customer services to Registrants on behalf of the Registrar or an agent of such person.
Reseller Agreement means an agreement to be entered into between a Registrar and its Reseller.
Supplier means a Registrar and/or Reseller.
WHOIS data means the data relating to a Domain Name or its Registrant as shall be available on a WHOIS service provided by HKIRC.
NiceNIC TERMS OF EMAIL SERVICE
NiceNIC TERMS OF EMAIL SERVICE
The following are the terms and conditions for use of NiceNIC. NiceNIC service (referred to as the "Service") provided by NiceNIC (referred to as the “Service Provider”) Please read them carefully. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account. BY CHECKING THE "I agree to the Terms of Service" CHECKBOX AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
1. MEMBER ACCOUNT, PASSWORD, AND SECURITY You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Service Provider immediately of any unauthorized use of your account or any other breach of security.
2. MEMBER PRIVACY It is the Service Provider's policy to respect the privacy of its members. The Service Provider will not monitor, edit, or disclose any personal information about you (including your credit card information) or your use of the Service, including its contents, without your prior permission unless required or allowed by law, including where the Service Provider has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the Service Provider; (3) enforce the TOS; (4) act to protect the interests of its members or others; or (5) facilitate a change of control of the Service Provider or the acquisition of the Service Provider's business by a third party, and to enable that third party to continue to provide NiceNIC. NiceNIC services to you. The Service Provider may provide certain user information in aggregate form to third parties for demographics. In addition, your internet protocol address is transmitted with each message sent from your account. Some personal information you provide to the Service Provider may be stored outside of the country in which you reside. You agree that the Service Provider may access your account, including its contents, as stated above or to respond to service or technical issues.
3. MESSAGE STORAGE, FILE STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS The amount of storage space per user may be limited (see the help for details). Some sent or received messages, or uploaded or downloaded files may not be processed due to space constraints or other limitations. You agree that the Service Provider is not responsible or liable for the deletion or failure to store messages, files or other information. Where free accounts are provided, you agree that you will not create more than one free account to be used by one person.
4. MEMBER CONDUCT As a condition of your use of the Service, you warrant to the Service Provider that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Users with free accounts agree to use the Service only to send, receive, upload and publish personal messages and content. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited. Paying users of the Service are authorised to use the Service for business-related communications, but may not resell the Service or use it in ways not permitted by other clauses of this document, including but not limited to use in connection with Unsolicated Commercial Email, multi-level marketing schemes, or illegal activies. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service, or any content you upload or publish through the Service. By way of example, and not as a limitation, you agree not to: Use the Service in connection with surveys, contests, pyramid schemes, multi-level marketing schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information. Harvest or otherwise collect information about others, including email addresses, without their consent. Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the TOS. Knowingly transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs. Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means. Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service. Interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services. The Service Provider has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, the Service Provider reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
5. LINKS TO THIRD PARTY SITES THE LINKS INCLUDED WITHIN THE SERVICE MAY LET YOU LEAVE THE SERVICE WEB SITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF THE SERVICE PROVIDER AND THE SERVICE PROVIDER IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. THE SERVICE PROVIDER IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. THE SERVICE PROVIDER IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY THE SERVICE PROVIDER OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS.
6. DISCLAIMERS/LIMITATION OF LIABILITY The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Service Provider and/or its respective suppliers may make improvements and/or changes in the Service at any time. The Service Provider does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. The Service Provider does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that the Service Provider shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that the Service Provider is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that the Service Provider is not responsible for any content sent using and/or included in the Service by any third party. The Service Provider reserves the right to assign its rights and responsibilities under this agreement to any 3rd party.
THE SERVICE PROVIDER AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE SERVICE PROVIDER AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE SERVICE PROVIDER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE SERVICE PROVIDER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.
7. INDEMNIFICATION You agree to indemnify and hold the Service Provider, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
8. TERMINATION The Service Provider may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever, with or without providing any refund of any payments. The Service Provider may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by the Service Provider. The amount of time that the Service Provider currently considers as an "extended" period of time may be viewed from the Help link. Upon termination of the Service, your right to use the Service immediately ceases. The Service Provider shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.
8.1. NO REFUNDS Any refunds are at the sole discretion of the Service Provider. The Service Provider may choose to make a refund at its sole unfettered discretion, however the Service Provider shall have no obligation to refund any portion of any payments, in the event that You wish to discontinue use of all or part of the Service, or in the event that your access is terminated by the Service Provider.
9. NO SPAM; DAMAGES The Service Provider will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay the Service Provider liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay the Service Provider's actual damages, to the extent such actual damages can be reasonably calculated.
10. PROPRIETARY RIGHTS TO CONTENT You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by the Service Provider, or the Service Provider's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.
11. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES The Service Provider reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.
12. GENERAL This agreement is governed by the laws of the State of Victoria, and Australia, without regard to the conflict or choice of law rules thereof. The courts sitting in the State of Victoria, Australia shall have exclusive jurisdiction over any dispute arising hereunder. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Service Provider as a result of this agreement or use of the Service. the Service Provider's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Service Provider's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by the Service Provider with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Service Provider with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Service Provider with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and the Service Provider agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance. Except where explicitly indicated otherwise, prices shown on this site exclude any sales tax that might be applicable in the Customers jurisdiction. Customer will pay Service Provider any additional sales taxes not previously levied upon request
13. LANGUAGE It is the express will of the parties that this agreement and all related documents have been drawn up in English.
14. CONTENT UPLOADED BY MEMBERS The Service Provider does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for public or shared access on the Service, you grant a world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or the Service Provider removes such Content from the Service.
COPYRIGHT AND TRADEMARK NOTICES: All source code, executable code, page designs and other copyrightable material are Copyright of NiceNIC. All rights reserved. Any rights not expressly granted herein are reserved.
NiceNIC Hosting Terms & Conditions
NiceNIC Hosting Terms & Conditions
The Services We Provide
In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term "services" refers to the web hosting services that we will provide to you and the term "NiceNIC" or "us" or "we" refers to NiceNIC.
Permission to Host Your Content
For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.
Personal Information
When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party (other than a company that may purchase NiceNIC ), and will take reasonable steps to keep it from being disclosed to any third party. Read more in our Privacy Policy, below. You consent to be called by a representative of NiceNIC at the telephone number above and/or emailed important information about NiceNIC products and services.
Backups
We will make every attempt to retain nightly backups. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on a periodic basis or sign up for our daily backup service. Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups. Any file over 40MB in size will not be backed up onto our backup servers and in the event of server failure, will not be recoverable.
NiceNIC shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site. User is solely responsible for making back-up copies of the User Web site and User Content.
NiceNIC does not maintain backup copies of User Web sites or e-mail. NiceNIC cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a back-up of a Web site will always be available. Users should always copy all content of a Web site to a local computer and NiceNIC strongly suggest that Users make an additional copy (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of the files. Unacceptable Use/Illegal Activity NiceNIC strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for: Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
Hosting of files or other data that infringes on another's copyright or other intellectual property rights.
Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort. Uploading or linking to any content that violates another's right of publicity or privacy.
Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified. Hosting large amounts of data not specifically tied ("linked") to your hosting account. NiceNIC encourages users looking for file storage/backup solutions to seek other services that specialize in this.
Content
All services provided by NiceNIC may only be used for lawful purposes. The customer agrees to indemnify and hold harmless NiceNIC from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email support [at] nicenic.net with the information required. Examples of unacceptable material on all Shared servers include: IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited. Offering video and/or audio streaming or downloads, MP3 Files, Games and shareware is also not permitted on any NiceNIC server. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Examples of unacceptable material on Dedicated servers include: Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited. NiceNIC services, including all related equipment, networks and network devices are provided only for authorized customer use. NiceNIC systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of NiceNIC system(s) constitutes consent to monitoring for these purposes. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at support [at] nicenic.net and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. All files over 10MB must be linked from files within the same account and also publically available through any domain name attached to your account. Large files (files over 10MB) should not take up more than 40% of the data on your hosting account.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Please read NiceNIC Mail Policy for our generalized mail policy. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. NiceNIC reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. NiceNIC reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of NiceNIC.
Resource Usage
User may not:
Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. Run any software that interfaces with an IRC (Internet Relay Chat) network. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. Participate in any file-sharing/peer-to-peer activities Run any gaming servers such as counter-strike, half-life, battlefield1942, etc Run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php") While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server's CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
When the Services Will be Available
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.
Guarantee
As we explain in this paragraph, we offer you an Anytime Money-Back Guarantee on all shared hosting plans. And here is how our cancellation policy works. It is very simple. If you cancel your account we will provide you with a full refund for the remainder of your term, excluding any setup fees that were charged when you signed up, and excluding domain registration fees. (Even if you received your domain for free through one of our promotional plans) Please note: Any account upgrades to hosting services such as additional domain registration, Priority Support, NiceNIC Directory, Daily Backup, Dedicated IP, Domain Privacy, Private SSL certificates, Search Engine Submission, Platinum Upgrade, Visitors 2 You and Shell Access are non-refundable. In addition, we do not offer refunds on dedicated server plans as they are month to month and there are no contracts involved. NiceNIC also reserves the right to cancel your account with 72 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.
Joining NiceNIC
When you sign up, your NiceNIC account will be enabled with autorenewal, which means that when your renewal date arrives, your hosting plan and domain will be renewed. When it is time for renewal, the credit card you have on file with us will also be charged. If you wish to not have this happen, and you would not like to renew your account, you must cancel 14 days prior to your renewal date. If you have any questions as to when your renewal date is, simply login to our website with your UserID/FtpID and password., or give us a call. If you fail to cancel 14 days prior to renewal, your account will be renewed for a new term, so please be sure to fill out the cancellation form located above if you do not want to renew. Your account renew dates are always listed in our website with your UserID/FtpID and password.. If more than 30 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means that your data, files and website will become in-active and cannot be accessed. If in the following 30 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately. You must have an active method of payment upon you account for your autorenewal at all times, failure to do so can result in you account being suspended or cancelled automatically. If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, NiceNIC shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 60 days behind in making payments, your data will be deleted. You hereby acknowledge that this is NiceNIC's policy when it comes to data retention, and waive all rights in and to your data in these situations.
These Terms of Service May Change
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.
Indemnification
If NiceNIC is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if NiceNIC is found liable or pays to settle the dispute. In legal terms, this is called "indemnification." Not only do you agree to reimburse NiceNIC for what it pays to satisfy a judgment or settle a case, you also agree to pay NiceNIC's reasonable attorney's fees and all other costs NiceNIC incurs in defending itself.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. NiceNIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NICENIC MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NICENIC DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, NiceNIC cannot be held liable for it. IN NO EVENT SHALL NiceNIC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF NICENIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of NiceNIC due to your enrollment in the affiliate program.
Governing Law and Choice of Form
The laws of China, Hong Kong Special Administrative Region will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in Hong Kong Special Administrative Region. When These Terms Take Effect. This agreement becomes effective once you submit your order with us or open an account with us for web hosting services of any kind (dedicated, vps, shared, etc.) If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to call us for clarification. By using NiceNIC you agree to the above terms of service.
NiceNIC Websites Terms of Service
Terms of Service
1. Acceptance of terms
Welcome to NiceNIC.NET's website creation service (the "Service"). Your use of the Service is subject to these Terms of Service ("Terms"). These Terms will also be applicable to your use of the Service on a trial basis. By using the Service, you signify your acceptance of these Terms. If you do not agree to these Terms, do not use the Service.
2. Description of service
Our web-based Service allows users who register for an account (each an "account holder") to create and update an online web site. Once registered, each account holder receives his or her own Web Site and may post "Content" (defined in Section 7). Any new features on the Service, including the release of new NiceNIC.NET tools and resources, shall be subject to these Terms. To use the Service, you must have access to the Internet, either directly or through devices that access web-based content, and you must pay any fees associated with Internet access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a web-enabled computer. The Service may include certain communications from us, such as service announcements, administrative messages, and the NiceNIC.NET Newsletter. These communications are considered part of NiceNIC.NET membership. You may not access the Service by any means other than through the Service interfaces we provide you.
3. Registration
To register as an account holder, you must provide us with a valid email address and other information ("Registration Data").You will choose a password and account designation for your web sites during the registration process and you will obtain a NiceNIC.NET ID. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if NiceNIC.NET has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
4. Cancellation and termination
If you cancel the Service, you will no longer have access to your web site and we may delete all information on your web site. We accept no liability for such deleted information or content.
For as long as we continue to offer the Services, we will provide and seek to update, improve and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or others provide when using the Service.
5. NiceNIC.NET privacy policy
How we collect, protect and use your Registration Data and certain other information about you are contained in our Privacy Policy, which is part of these Terms.
6. Website account and security
You are responsible for maintaining the security of your account and web site, for all activities that occur or actions taken under the account or in connection with the web site. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will we be liable, in any way, for any or your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
7. Your rights in your content
NiceNIC.NET does not claim ownership of your Content, but you give us your permission to host your Content on the Service. This permission exists only for as long as you continue to use the Service or remain an account holder.
8. Content and conduct rules and obligations
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post on a web site via the Service ("Content") are the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service.
By using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.
The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree that you will not:
upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a NiceNIC.NET official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending mass email to recipients who haven't requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
"stalk" or otherwise harass another;
promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) we determine, in our sole discretion, is inappropriate for sale through the Service;
use the Service as a forwarding service to another web site;
solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes;
exceed the scope of the Service that you have signed up for; for example, by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content; (q) upload, post or otherwise transmit any Content that is intended to take advantage of a user. Such content may include, but is not limited to, "get rich quick", "get paid to surf", pyramid/MLM, or other dubious schemes.
include more than three ad units per page, or any advertising that greatly reduces the usability of the site.
upload files for the sole purpose of having them hosted by us and for use outside of a web site created using the Service.
create a web site that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners and excessive animated movement.
upload, post or otherwise transmit any Content that is adult in nature, such as any nudity in a sexual context, any Content revealing exposed genitalia, or any Content with adult themes.
We retain the right to terminate any account or user who has violated any of the above prohibitions.
9. Fees/payment
You shall pay all applicable fees, as described on the Service in connection with the Website Package product chosen by you. We reserve the right to change our prices and at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information.
10. Additional software
If you elect to download or access any additional software or third party content made available by us through the Service, you must agree to additional terms and conditions before you use such software or third party content. If you do not agree to the third party’s terms of service or license agreement, do not download the software or content.
Your use of any third party software or content obtained through the Service does not transfer to you any rights, title or interest in or to the third party software or such content beyond the terms contained in the third party provider's terms of service or license.
11. International use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Hong Kong or the country in which you reside.
12. Links
The Service may provide, or third parties may provide, links to other web sites or resources. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. Indemnity
You agree to indemnify and hold NiceNIC.NET, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, use of or connection to the Service, violation of these Terms, or violation of any rights of another.
14. General practices regarding use and storage
We may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time with or without notice to you.
15. Our proprietary rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or in information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
We do not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized NiceNIC.NET representative, any material, information or idea you transmit to us by any means may be disseminated or used by us or our affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy.
16. Disclaimer of warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. NiceNIC.NET DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
17. Limitation of liability
WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NiceNIC.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO FOR THE PAST THREE MONTHS OF THE SERVICE IN QUESTION.
18. Exclusions and limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. General
We may provide notices to you via either email or regular mail. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service. These Terms and the relationship between you and NiceNIC.NET shall be governed by the laws of Hong Kong and mainland China without regard to its conflict of law provisions. You and NiceNIC.NET agree to submit to the personal and exclusive jurisdiction of the courts located within Zhuhai, Guangdong. The failure of NiceNIC.NET to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of these Terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If any provision of these Terms or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person's claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.
NiceNIC Privacy Policy
1. Why A Privacy Policy?
We respect your individual privacy. That is why we have adopted this Privacy Policy, which embodies our commitment to the protection of your privacy through adherence to fair electronic information practices. This Privacy Policy puts you, the individual, in control of how your personal information is processed, and you have our promise that we will not electronically process your personal information in any way that is incompatible with this Privacy Policy.
This Privacy Policy protects your privacy by:
> informing you about the types of personal information NiceNIC collects about you through its Web sites;
> how it collects that information;
> the general purposes for which it collects such information;
> the types of organizations to which it discloses the information;
> the choices and means by which individuals may limit its use and disclosure;
> empowering you to choose whether and how certain personal information you provide is used (where such use is unrelated to the uses for which you originally disclosed it); and whether and the manner in which a third party uses certain personal information you provide (where such use is unrelated to the uses for which you originally disclosed it);
> assuring you that NiceNIC takes reasonable precautions to protect personal information from loss, misuse, unauthorized access, disclosure, alteration or destruction;
> implements reasonable policies and procedures to ensure that personal information is kept only for the purposes for which it has been gathered;
> uses reasonable measures to ensure that we have accurately and completely recorded the personal information you have provided; and provides you reasonable access to your personal information as well as procedures for correcting or modifying that information where appropriate;
> ensuring accountability to individuals who believe that NiceNIC has not complied with these privacy principles.
2. Getting To Know Our Customers
NiceNIC is in the business of putting people in touch with other people. That requires more than simply offering innovative technical services. It also requires that we understand you, our customer, and your needs. Indeed, we strive to become the most user friendly domain name registrar by taking the time to get acquainted with each one of our many customers.
We get to know you primarily through the information you provide to us when signing up for, or using, one or more of our services. The information you provide ranges from basic contact information, to payment information, to the technical coordinates of your host servers. All of the information we request from you when purchasing our services is obligatory unless otherwise noted on the relevant form. When you purchase our services, you agree to provide and maintain accurate, complete and updated information.
After you've signed up for our services, we may be in communication with you about your account, technical questions you may have about services provided by us, or any other matter relating to those services. Those communications are essential to our relationship with you and to our ability to provide you with quality services that are responsive to your needs. At the same time, those communications give us helpful insights about you, your preferences and the ways in which we might improve our services. We therefore may maintain this information for future use.
Additionally, for operational and quality assurance purposes, we take note of whether and how you use the information and services that we provide, such as by recording site traffic patterns and by maintaining log files of users' access to site files. Finally, in order to provide our current and upcoming interactive services, such as but not limited to email, domain parking, and various message boards, we store your messages to or from other people.
The information we receive from or about you is stored on systems designed to prevent the loss, misuse, unauthorized access, disclosure, alteration or destruction of that information. We also encrypt your transmission of sensitive information to us (e.g., credit card numbers, account passwords) in the interest of heightened privacy protection and information integrity.
As a domain name registrar, we compile and maintain a publicly accessible registration database that includes basic information about each domain name registered with us, including the names, telephone numbers and e-mail addresses of individuals designated as points of contact for a given domain name. Whether or not applicable domain name registration fees have been paid is also publicly accessible. With the gradual continued privatization of the Domain Name System, and consistent with the rules or policies applicable to that system, or to comply with any changes in law or regulation, we may, if appropriate, take steps to restrict the accessibility and amount of personally identifying information available in the registration database.
3. Information Corrections Or Changes
You have the ability to correct or change certain information in our records, such as your address and contact information. You may change this information at any time and as often as necessary. If you need assistance or have questions about correcting information, you can contact us via e-mail.
4. How We Put Information To Good Use
We use information about you for purposes of monitoring and improving our internal operations, as well as to ensure that we: (i) bill you properly, (ii) administer your account in accordance with your agreements with us and (iii) properly perform the services you have requested.
We also use the information we collect to monitor and improve our internal operations, as well as to improve the experience of users in our network of sites. For example, we may correlate Web site traffic information with data about individual users. We may also break down overall usage statistics according to customers' domain names, browser types, and MIME types by reading this information from the browser string (information contained in every user's browser).
Another example of our use of information to enhance the experience of users in our network of sites is our reliance on cookie files. We use cookie files to make it easier for users to access our site or services. A cookie file is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited. But the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. We use cookies to track user traffic patterns (as described above) when you register for NiceNIC services. When you register, we may use a cookie to store a unique, random user ID. We use this ID to identify you anonymously in our database and to track the pages you visit on our site.
If you've set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You may refuse cookies by turning them off in your browser; however, some of our sites may require a cookie for access.
Finally, we use the information we collect to direct important notices and information affecting your account or services, as well as to provide general information that may be of interest to you, including newsletters, surveys, contest and sweepstake announcements, and information about our service or product offerings or the offerings of our business affiliates. You may opt out of receiving information from us simply by notifying us of your desire in accordance with the opt-out instructions contained in any information message you receive from us. Note, however, that in order to fulfill our service obligations to you, we must continue sending you notices and other important information affecting your account or services.
5. With Whom We May Share Information
When you register or reserve a domain name through us, our registrar unit must disclose your domain name and its associated Internet Protocol ("IP") numbers to the appropriate registry in order to make your chosen domain name a functional address on the Internet. Our registry unit discloses each registered domain name and its associated IP numbers ("TLD zone files") to TLD server administrators for the purpose of ensuring that the domain name operates as a functional address on the Internet. Consistent with the current rules and policies for the Domain Name System, our registry unit also discloses the TLD zone files to other interested persons, provided those persons agree, among other things, not to use the TLD zone files for improper purposes, including the transmission of unsolicited commercial e-mail.
We may share certain information about you with those of our vendors who are responsible for handling your account or performing other necessary services that you require. Although we may share sensitive financial information (i.e., credit card numbers, banking information), security information (e.g., account passwords) and personal communications (e.g., personal e-mail messages or message board postings) with such vendors where necessary and appropriate, we will not share such information with other third parties, except in response to formal requests (e.g., subpoena or court order) made in connection with litigation or arbitration proceedings directly relating to a domain name registration or other services we provide.
As noted above, our domain name registrar unit currently makes certain information about you available to the general public via our domain name registration database look- up and directory services. These services give users access to such data on a query-by- query basis. Qualified persons may also access such data on a bulk basis provided they agree, among other things, not to use the data to enable or otherwise support the transmission of mass unsolicited commercial advertising or solicitations via email; or (ii) sell or redistribute the data to third parties. Include the words ìremove bulk access? in the subject line of the e-mail and all the domain names for which you are the registrant in the body of the e-mail.
Additionally, we may share the information stored on that database, as well as other information that is not of a sensitive nature, with carefully selected business partners, including those who offer services that complement those provided by us or which may otherwise be of interest to you. Include the words "remove domain" in the subject line of the e-mail and all the domain names for which you are the registrant in the body of the e-mail. Please note, however, that, consistent with the current rules and policies for the Domain Name System, information about you must remain available in the publicly accessible registration database.
6. Our Accountability To You
By purchasing our services, you obtain the protections of, and consent to the data processing practices described in, this Privacy Policy. When you purchase our services, you also represent to us that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us with regard to: (i) the purposes for which such third party's personal data have been collected, (ii) the intended recipients or categories of recipients of the third party's personal data, (iii) which of the third party's data are obligatory and which data, if any, are voluntary, and (iv) how the third party can access and, if necessary, rectify the data held about them.
In addition to the privacy protections that we provide, our employees, agents and business partners are independently responsible for ensuring compliance with this Privacy Policy, as described below.
7. Employee Accountability
Only those NiceNIC employees that have a legitimate business purpose for accessing and handling personal information obtained by us are given authorization to do so. The unauthorized access or use of such information by a NiceNIC employee is prohibited and constitutes grounds for disciplinary action.
Additionally, our information management systems are configured in such a way as to block or inhibit employees from accessing information that they have no authority to access.
Our trusted vendors and business partners are responsible for processing or handling some of the information that we receive. These vendors and business partners are not authorized to use such information for purposes beyond those specified by us and are required to preserve the confidentiality with which we treat such information.
NiceNIC - AI Terms of Use
NiceNIC - AI Terms of Use
1. Overview
These terms of use ("AI Terms of Use") govern your use of any AI products, features, services and/or tools offered by NiceNIC.NET.
2. Content
1) Your Content. You may provide input to the AI Services ("Input") and receive output from the AI Services based on the Input ("Output"). Input and Output are collectively "Content". You are responsible for Content, including ensuring that it does not violate any applicable law or these AI Terms of Use. We own all rights, title, and interest in and to the services that we provided.
2) As between you and NiceNIC.NET, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our AI Services.
3) We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, to market and advertise our Services and keep our Services safe.
4) Use of our AI Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts. Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
5) NiceNIC.NET also does not review the Content for accuracy, bias or intellectual property rights clearance. NiceNIC.NET makes no representation, warranty or guarantee as to the accuracy or reliability of the AI Services or whether the Output may infringe on third-party intellectual property rights.
6) By using the AI Services, you understand and agree:
A. Output may not always be accurate. You should not rely on Output from our AI Services as a sole source of truth or factual information, or as a substitute for professional advice.
B. You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the AI Services.
C. You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
D. Our AI Services may provide incomplete, incorrect, or offensive Output that does not represent NiceNIC.NET’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with NiceNIC.NET.
7) Outputs may not be unique across users and the AI Services may generate the same or similar Outputs for other users.
8) NiceNIC.NET may use technology provided by third-party service providers to provide AI Services. Notwithstanding anything to the contrary contained herein, you authorize NiceNIC.NET and such third-party service providers to store and use your Input for the purposes of providing you with the AI Services, to review Inputs and Outputs for abuse or misuse, and to develop and improve the services and products of NiceNIC.NET and such service providers, including as part of the design, training and development process for machine learning models.
3. Termination and Suspension
Termination. We reserve the right to suspend or terminate your access to our AI Services or delete your account if we determine:
1) You breached these AI Terms of Use.
2) We must do so to comply with the law.
3) Your use of our Services could cause risk or harm to NiceNIC.NET, our users, or anyone else.
4. Disclaimers
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OUTPUTS OF THE AI SERVICES HAVE NOT BEEN REVIEWED FOR ACCURACY, BIAS, EXPLAINABILITY OR INTELLECTUAL PROPERTY RIGHTS CLEARANCE. NiceNIC.NET MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE ACCURACY, RELIABILITY, OR ERROR-FREE PERFORMANCE OF THE AI SERVICES, INCLUDING (WITHOUT LIMITATION) WHETHER OUTPUTS MAY INFRINGE, MISAPPROPRIATE OR VIOLATE ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR AI SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
YOU SHOULD SEEK INDEPENDENT PROFESSIONAL ADVICE BEFORE YOU RELY ON ANY OUTPUT GENERATED BY THE AI SERVICES.
5. Limitation on Liability
IN NO EVENT SHALL NiceNIC.NET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ANY THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM ANY OUTPUTS CREATED USING THE AI SERVICES.
THE FOREGOING LIMITATION OF LIABILITY SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE, THE AI SERVICES OR ANY OTHER SERVICES FOUND AT THIS SITE.
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@Jazzy_Butts Fuck around an find out
