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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
Companycn.com 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 Companycn.com.
This Agreement will become effective if accepted by Companycn.com.
Companycn.com is an accredited registrar with the Internet
Corporation for Assigned Names and Numbers ("ICANN") under
an agreement between Companycn.com and ICANN ("ICANN Agreement").
You acknowledge that Companycn.com 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
Companycn.com to you, you agree to pay Companycn.com,
at the time of submitting your application for registration,
all applicable initial registration fees and renewal fees
in accordance with Companycn.com's fee schedule published
at Companycn.com'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 Companycn.com 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. Companycn.com
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 Companycn.com harmless
pursuant to the terms and conditions contained in the
Dispute Policy. Companycn.com 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 (1) your full name, postal address, e-mail address,
voice telephone number, and fax number if available; (2)
the name of an authorized person for contact purposes
in the case of a registrant that is an organization, association,
or corporation; (3) the IP addresses of the primary nameserver
and any secondary nameservers for the domain name; (4)
the corresponding names of those nameservers; (5) the
full name, postal address, e-mail address, voice telephone
number, and fax number if available of the technical contact
for the domain name; (6) the full name, postal address,
e-mail address, voice telephone number, and fax number
if available of the administrative contact for the domain
name; (7) the name, postal address, e-mail address, voice
telephone number, and fax number if available of the zone
contact for the domain name; and (8) 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 Companycn.com
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
Companycn.com 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
Companycn.com may or must make available to the public
or to private entities. Companycn.com 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 Companycn.com's possession
to review, modify or update such information.
7. Use Policies
Companycn.com
reserves the right to suspend or cancel your domain name
in the event that you use the domain name to send unsolicited
commercial advertisements in 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.
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
Companycn.com WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY LOSS THAT MAY OCCUR DUE TO (1) ANY LOSS OF REGISTRATION
OF A DOMAIN NAME, (2) THE USE OF YOUR DOMAIN NAME, (3)
ACCESS DELAYS OR ACCESS INTERRUPTIONS TO Companycn.com'S
REGISTRATION SYSTEM; (4) THE NON-DELIVERY OR MISDELIVERY
OF DATA BETWEEN YOU AND Companycn.com; (5) EVENTS BEYOND
Companycn.com'S REASONABLE CONTROL; (6) THE PROCESSING
OF THIS APPLICATION; (7) THE PROCESSING OF ANY MODIFICATION
TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (8) THE
FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER;
OR (9) THE APPLICATION OF THE DISPUTE POLICY. FURTHER,
Companycn.com 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 Companycn.com HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL Companycn.com'S MAXIMUM
LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Companycn.com
FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR
3 YEARS UNDER THE TERMS OF THIS AGREEMENT. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
IN SUCH JURISICTIONS, OUR LIABILITY IS LIMITED TO THE
EXTENT PERMITTED BY LAW.
10. Indemnification
You agree to
defend, indemnify and hold harmless Companycn.com 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. Companycn.com
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 Companycn.com.
If you fail to cure the breach, Companycn.com 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
Companycn.com) or registry administrator procedures approved
by an ICANN-adopted policy, or by any other TLD registry
administrator procedures as the case may be, (1) to correct
mistakes by Companycn.com, another registrar or the registry
administrator in administering the name or (2) for the
resolution of disputes concerning the domain name. You
also agree that Companycn.com 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 Companycn.com
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 registry
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: (1). Each change of Registrar requires you to
enter into a new two year Registration Agreement and to
pay the appropriate registration fee; (2). You obtain
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 Companycn.com 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
People's Republic of China, 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 Companycn.com site shall be brought exclusively
in the People's Republic of China District Court for the
District of Xiamen.
17. General
This Agreement,
the Companycn.com 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 Companycn.com, and supersede and govern
all prior proposals, agreements, or other communications.
Upon Companycn.com's notification of such amendations
or modifications by publishing them on our website, by
email or postal mail. Such amendations or modifications
are coming into effect. 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 Companycn.com 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 Companycn.com 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. Companycn.com 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 Companycn.com as reflected in
the original provision. No provision of this Agreement,
including the Companycn.com fee schedule and the Dispute
Policy, may not be amended or modified by you except by
means of a written document signed by Companycn.com.
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