|
DOMAIN NAME REGISTRATION AGREEMENT
|
DOMAIN NAME REGISTRATION AGREEMENT
.com, .net, .org registrations only
1.Introduction
This Registration Agreement (“Agreement”) sets forth
the terms and conditions of your use of the domain name registration
services of our website to register an Internet domain name,
as well as your registration of that domain name. To complete
the registration process, you must acknowledge that you have read,
understood, and agree to be bound by all terms and conditions
of the Agreement, the accompanying fee schedule, dispute policy
and any rules or policies that are or may become effective when
published by our website. This Agreement will become effective
if accepted by our website. our website is an accredited
registrar with the Internet Corporation for Assigned Names and
Numbers (“ICANN”) under an agreement between our website
and ICANN (“ICANN Agreement”). You acknowledge that our website
may modify this Agreement if necessary to comply with its ICANN
Agreement, or otherwise.
2.Selection of a Domain Name
We do not check to see whether the domain name you select,
or the use you make of the domain name, infringes legal rights
of others. We urge you to investigate to see whether the domain
name you select or its use infringes legal rights of others, and
in particular we suggest you seek advice of competent counsel.
You may with to consider seeking one or more trademark registrations
in connection with your domain name. You should be aware that
there is the possibility we might be ordered by a court to cancel,
modify, or transfer your domain name. You should be aware that
if we are sued or threatened with lawsuit in connection with your
domain name, we may turn to you to hold us harmless and indemnify
us, pursuant to the indemnification provision below.
3.Fees and Payment
As consideration for the domain name registration services
provided by our website to you, you agree to pay our website,
at the time of submitting your application for registration, all
applicable initial registration fees and renewal fees in accordance
with our website’s fee schedule published at our website’s
web site. All fees are non-refundable, in whole or in part, even
if your domain name registration is suspended, cancelled or transferred
prior to the end of the registration term. You will be notified
when renewal fees are due, and it shall be your responsibility
to ensure that such fees are paid. Should these fees go unpaid
by the time specified in the renewal notice, your registration
will be cancelled. You agree that our website shall have
no liability whatsoever with respect to any such cancellation.
4.Age of Majority
our website cannot accept agreements and payments
from persons under the age of 18 year. Therefore, our website
requires that its agreements be made with a person who is qualified
to contract. As such, you must be over the age of 18 year. Otherwise,
a parent or guardian must accept this agreement and ensure the
proper payment.
5.Charge Backs
You agree that you will lose all rights upon the selected
domain name in case of a charge back by your credit acrd company,
credit card fraud or any other reserved payment. our website
will decide at his sole discretion whether to hold the name in
his own portfolio or to release it for use by others.
6.Dispute Policy
You agree to be bound by the current Uniform Domain
Name Dispute Resolution Policy (“Dispute Policy”) which is incorporated
in to this Agreement by reference and made a part of this Agreement.
Any disputes regarding the right to use your domain name will
be subject to the Dispute Policy provisions in effect at the time
your domain name registration is disputed by a third party, in
the event such a dispute arises. You also agree that, in the event
a domain name dispute arises with any third party, you will indemnify
and hold our website harmless pursuant to the terms and conditions
contained in the Dispute Policy. our website may modify the
Dispute Policy with the permission of ICANN at any time. Your
continued registration of your domain name after modification
to the dispute policy becomes effective constitutes your acceptance
of those modifications. If you do not agree to such a modification,
you may request that your domain name be deleted.
7.Use of Your Information
As part of the registration process, you are required
to provide certain information and to update this information
to keep it current, complete and accurate. This information includes:
(I) your full name, both in Chinese and English, postal address,
e-mail address, voice telephone number, and fax number if available;
(ii) the name, both in Chinese and English of an authorized person
for contact purposes in the case of a registrant that is an organization,
association, or corporation. (iii) the name, both in Chinese and
English, of such organization, association or corporation. To
better manage the domain names registered through our website,
we will provide the following information on behalf of you to
ICANN. You can change these information before submitting your
registration. These information won’t affect the ownership of
the chosen domain name. These informations are: (1) the IP addresses
of the primary name server and the secondary name server for the
domain name; (2) the corresponding names of those name servers,
(v) the full name, postal address, e-mail address, voice telephone
number, and fax number of the technical contact for the domain
name; (3) the full name, postal address, e-mail address, voice
telephone number, and fax number of the billing contact for the
domain name. You agree and acknowledge that when you renew your
domain name registration, the type of information you are required
to provide may have changed. If you do not wish to provide the
new required information, your registration may not be renewed.
You acknowledge that willfully providing inaccurate information
or willfully failing to update information promptly will constitute
a material breach of this Agreement and will be a basis for cancellation
of your domain name. If you license use of a domain name to a
third party, you are nonetheless the holder of record of the domain
name and are responsible for providing your own full contact information
and for providing and updating accurate technical, administrative
contact information. You further agree that your failure to respond
for over fifteen (15) calendar days to inquiries by our website
concerning the accuracy of contact details associated with your
registration shall constitute a material breach of this Agreement
and will be sufficient basis for cancellation of your domain name
registration. You acknowledge that our website will make
some of the information that you provide during the registration
process publicly available as required by ICANN. Additionally,
you acknowledge that ICANN may impose guidelines, limits and/or
requirements that relate to the amount and type of information
that our website may or must make available to the public
or to private entities. our website will not otherwise disclose
your information to any third party unless it is required to maintain
your domain name. You may request a copy of your information in
our website’s possession to review, modify or update such
information.
8.IP Address
our website maintains control and ownership of
any and all IP numbers and IP addresses that may be assigned to
you and reserves in its sole discretion the right to change or
remove any and all IP numbers and addresses.
9.Receive emails
After submitting your application for a domain name
through our online application process system, you will receive
several emails directly from our website. Only when you finish
payment of the domain and receive our email with subject of‘domain
name is actived’, your chosen domain name become valid.
10.Security
When you register a domain name with us through our
e-mail application process, you are responsible for selecting
a security option to protect your domain name registration records
(including your contract records and host records) from unauthorized
changes.
11.Use Policies
our website reserves the right to suspend or cancel
your domain name in the event that you use the domain name to
send unsolicited commercial advertisements or contradiction to
either applicable laws or customary acceptable usage policies
of the Internet, or if you use your domain name in connection
with unlawful activity.
12.Agents and Licenses
You agree that, if your domain name is registered on
your behalf by anyone acting as your agent (e.g., an Internet
Service Provider, employee, etc.), you are nonetheless bound as
a principal by all terms and conditions provided therein, including
the Dispute Policy. You agree that if you license the use of your
domain name to a third party, you remain the domain name holder,
and remain responsible for all obligations under this Agreement.
13.Limitation of Liability
YOU AGREE THAT our website WILL NOT BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a)
ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR
DOMAIN NAME, (c) ACCESS DELAYS OF ACCESS INTERRUPTIONS TO our website’S
REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA
BETWEEN YOU AND our website; (e) EVENTS BEYOND our website’S
REASONABLE CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g)
THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH
YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY
ANY FEES HEREUNDER; OR (I) THE APPLICATION OF THE DISPUTE POLICY.
FURTHER, our website WILL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY KIND (INCLUDING
LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, DAMAGES.IN NO EVENT
SHALL our website'S MAXIUMUM LIABILITY EXCEED THE TOTAL AMOUNT
PAID BY YOU TO our website FOR REGISTRATION OF YOUR DOMAIN
NAME.
14.Indemnification
You agree to defend, indemnify and hold harmless our website
and any applicable domain name Registry, including Network Solutions
Inc., and the directors, officers, employees and agents of each
of them, for any loss, damages or costs, including reasonable
attorney's?fees, resulting from any third party claim, action,
or demand related to your domain name or the use thereof. This
indemnification is in addition to any indemnification required
under the Dispute Policy.
15.Representations and Warranties
You represent and warrant that, to the best of your
knowledge and belief, neither the registration of the domain name
nor the manner in which it is directly or indirectly used infringes
the legal rights to a third party. You further represent and warrant
that all information provided by you in connection with your registration
in complete and accurate. our website makes no representations
or warranties of any kind that registration of use of a domain
name under this Agreement will protect you either from challenges
to your domain name registration or from suspension, cancellation
or transfer of the domain name registered to you.
16. Breach and Revocation
Any breach by you of this Agreement or the Dispute policy
must be remedied by you within 30 days of notice by our website.
if you fail to cure the breach, our website may suspend,
cancel, transfer or modify your registration of the domain name.
You further acknowledge and agree that your registration of a
domain name is subject to suspension, cancellation or transfer
by any ICANN procedure, by any registrar (including our website)
or registry administrator procedures approved by an ICANN-adopted
policy, or by any other TLD registry administrator procedures
as the case by be, (a) to correct mistakes by our website,
another registrar or the registry administrator in administering
the name or (b) for the resolution of disputes concerning the
domain name. You also agree that our website shall have the
right in its sole discretion to suspend, cancel, transfer, or
otherwise modify a domain name registration upon seven (7) calendar
days prior written notice, or at such time as our website
receives a properly authenticated order from a court of competent
jurisdiction, or arbitration award, requiring the suspension,
cancellation transfer or modification of the domain name registration.
17.Change in Registrar
NSI policy permits Registrant to change its Registrar
for an existing domain name. You agree that you can change the
Registrar only in accordance with the policy or other policy from
time to time provided by ICANN. The policy provides: (a) you can
change your Registrar for an existing domain name beginning on
the 61st day after the initial registration with the Registrar.;(b)
You obtains no refund of any part of the fee paid to existing
Registrar.
18.Notice
You agree that any notices required to be given under
this Agreement by our website will be deemed to have been
given if delivered in accordance with the contact information
you have provided.
19.Severability
You agree that the terms of this Agreement are severable.
If any term or provision is declared invalid or unenforceable,
it shall not affect the remaining terms or provisions, which shall
continue to be binding.
20.Modifications to Agreement
Except as otherwise provided in this Agreement, you
agree, during the term of this Agreement, that we may: (I) revise
the terms and conditions of this Agreement; and/or (ii) change
part of the services provided under this Agreement at any time.
Any such revision or change will be binding and effective immediately
upon posting of the revised Agreement or change to the service(s)
on our website’s web sites, or upon notification to you by
e-mail or mail. You agree to periodically review our web sites,
including the current version of this Agreement available on our
web sites, to be aware of any such revisions. If you do not agree
with any revision to the Agreement, you may terminate this Agreement
at any time by providing us with notice by e-mail or mail addresses
as follows, Attention: Registrar Business Affairs, Room 1858,
New Century Office Tower, No.6 Southern Road Capital Gym, Beijing
100044, P.R.China. Notice of your termination will be effective
on receipt and processing by us. Any fees paid by you if you terminate
your Agreement with us are nonrefundable, but you will not incur
any additional fees. By continuing to use our website’s services
after any revision to this Agreement or change is service(s),
you agree to abide by and be bound by any such revisions or changes.
We are not bound by nor should you rely on any representation
by (I) any agent, representative or employee of any third party
that you may use to apply for our services; or in (ii) information
posted on our web site of a general informational nature. No employee,
contractor, agent or representative of our website is authorized
to alter or amend the terms and conditions of this Agreement.
21. Notices and Announcements
You authorize us to notify you as our customer of information
that we deem is of potential interest to you. Notices and announcements
may include commercial e-mails and other notices describing changes,
upgrades, new products and services or other information pertaining
to Internet security or to enhance your identity on the Internet
and/or other relevant matters. If you do not wish to receive bulk
email solicitation notices or announcements please send us an
email at remove@our website.
22.No Guaranty
You agree that, by registration of your chosen domain
name, even when such domain name is available at time you registered,
such registration does not confer immunity from objection to either
the registration or use of your domain name.
23. Right of Refusal
We, in our sole discretion, reserve the right to refuse
to register your chosen domain name or register you for other
our website’s service(s), or to delete your domain name within
the first thirty (30) calendar days from receipt of your payment
for such services. In the event we do not register your domain
name, or we delete your domain name within such thirty (30) calender
day period, we agree to refund any applicable fee you have paid.
You agree that we shall not be liable to you for loss or damages
that may result from our refusal to register, the deletion your
domain name.
24.Governing Law
This Agreement, your rights and obligations and all
actions contemplated by this Agreement shall be governed by the
laws of the United States of America and the State of California,
except as may be set forth in the Dispute Policy. Except as otherwise
set forth in the Dispute policy with respect to disputes, any
action to enforce this Agreement or any matter relating to your
use of the our website site shall be brought exclusively
in the United State District Court for the District of California.
25.General
This Agreement, the our website fee schedule and
the Dispute Policy, together with all amendments or modifications
to any of them, constitute the complete and exclusive agreement
between you and our website, and supersede and govern all
prior proposals, agreements, or other communications. Nothing
contained in this Policy shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties.
The failure of our website to require your performance of
any provision hereof shall not affect the full right to require
such performance at any time thereafter; nor shall the waiver
by our website of a breach of any provision hereof be taken
or held to be a waiver of the provision itself. In the event that
any provision of this Agreement shall be unenforceable or invalid
under any applicable law or be so held by applicable court decision,
such unenforceability or invalidity shall not render this Agreement
unenforceable or invalid as a whole. our website will amend
or replace such provision with one that is valid and enforceable
and which achieves, to the extent possible, the original objectives
and intent of our website as reflected in the original provision.
No provision of this Agreement, including the our website’s
fee schedule and the Dispute Policy, may not be amended or modified
by you except by means of a written document signed by www.fjdns.net.
|
|