|
DOMAIN NAME REGISTRATION AGREEMENT
1. Introduction
This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of the domain name registration services of OnlineNIC 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 this Agreement, the accompanying fee schedule, dispute policy and any rules or policies that are or may become effective when published by
OnlineNIC. This Agreement will become effective if accepted by OnlineNIC. OnlineNIC is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") under an agreement between OnlineNIC and ICANN ("ICANN Agreement"). You acknowledge that OnlineNIC 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 wish 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 OnlineNIC to you, you agree to pay OnlineNIC, at the time of submitting your application for registration, all applicable initial registration fees and renewal fees in accordance with OnlineNIC's fee schedule published at OnlineNIC's website. 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 OnlineNIC shall have no liability whatsoever with respect to any such cancellation.
4.Charge Backs
You agree that you will lose all rights upon the selected domain name in case of a charge back by your credit card company, credit card fraud or any other reserved payment. OnlineNIC will decide at his sole discretion whether to hold the name in his own portfolio or to release it for use by others.
5. Dispute Policy
You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy ("Dispute Policy") which is incorporated into 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 OnlineNIC harmless pursuant to the terms and conditions contained in the Dispute Policy. OnlineNIC 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.
6. 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, postal address, e-mail address,
voice telephone number, and fax number if available; (ii)
the name of an authorized person for contact purposes in the
case of a registrant that is an organization, association,
or corporation; (iii) the IP addresses of the primary
nameserver and any secondary nameservers for the domain
name; (iv) the corresponding names of those nameservers; (v)
the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the
technical contact for the domain name; (vi) the full name,
postal address, e-mail address, voice telephone number, and
fax number if available of the administrative contact for
the domain name; (vii) the name, postal address, e-mail
address, voice telephone number, and fax number if available
of the zone contact for the domain name; and (viii) any
remark concerning the registered domain name that should
appear in the Whois data. 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,
and zone contact information. You further agree that your
failure to respond for over fifteen (15) calendar days to
inquiries by OnlineNIC 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 OnlineNIC 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 OnlineNIC may or must make available to the
public or to private entities. OnlineNIC 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 OnlineNIC's possession to
review, modify or update such information.
7. Use Policies
OnlineNIC, Inc. will suspend or stop the use of the domain
name including (but not limited to) modifying DNS, modifying
registration information or delete domain name without
further notice, no refund of the registration fee or renewal
fee if(1)a registered domain name is purposely used to send
out mass spams like mass unsolicited, commercial advertising
or solicitations and so on, (2)or used to send out
retroactive, pornographic or other harmful emails that
violate the country laws and rules, (3)or used to receive
the returned emails of the above emails, (4)or used to
resolve, point or forward to the website with harmful
information that violate the country laws and rules, (5)or
used to do other illegal actions.
8. 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 herein,
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.
9. Limitation of Liability
YOU AGREE THAT ONLINENIC 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 OR ACCESS INTERRUPTIONS TO
ONLINENIC'S REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR
MISDELIVERY OF DATA BETWEEN YOU AND ONLINENIC; (e) EVENTS
BEYOND ONLINENIC'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, ONLINENIC WILL
NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS)
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ONLINENIC HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL ONLINENIC'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT
PAID BY YOU TO ONLINENIC FOR REGISTRATION OF YOUR DOMAIN
NAME DURING THE PRIOR 3 YEARS UNDER THE TERMS OF THIS
AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE
EXTENT PERMITTED BY LAW.
10. Indemnification
You agree to defend, indemnify and hold harmless OnlineNIC
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 attorneys' 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.
11. 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 of a third party. You
further represent and warrant that all information provided
by you in connection with your registration is complete and
accurate. OnlineNIC makes no representations or warranties
of any kind that registration or 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.
12. 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
OnlineNIC. If you fail to cure the breach, OnlineNIC 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 OnlineNIC) or registry administrator
procedures approved by an ICANN-adopted policy, or by any
other TLD registry administrator procedures as the case may
be, (a) to correct mistakes by OnlineNIC, 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 OnlineNIC 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
OnlineNIC 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.
13. 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). Each change of Registrar requires you to enter into a
new two year Registration Agreement and to pay the
appropriate registration fee;(b). You obtains no refund of
any part of the fee paid to existing Registrar.
14. Notices
You agree that any notices required to be given under this Agreement by OnlineNIC will be deemed to have been given if delivered in accordance with the contact information you have provided.
15. 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.
16.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 OnlineNIC site shall be brought exclusively in the United State District Court for the District of California.
Notwithstanding the foregoing, for the adjudication of disputes concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder's domicile, and (b) where OnlineNIC, Inc. is located.
17. General
This Agreement, the OnlineNIC 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 OnlineNIC, 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 OnlineNIC 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 OnlineNIC 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. OnlineNIC 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 OnlineNIC as reflected in the original provision. No provision of this Agreement, including the OnlineNIC fee schedule and the Dispute Policy, may not be amended or modified by you except by means of a written document signed by OnlineNIC.
|
|