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and we assume no liability for your failure to receive an email notification if such failure results from inaccurate or outdated Account information.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.
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