Posted on:2022-01-06 11:59:13 Views: 337
This domain Name Service Agreement(“Agreement”) sets forth the terms and
conditions applicable to your purchase and use of the domain name registration,
backorder, management, renewal and redemption services and any other related
services provided by Zname.com (“We”, “Us” and “Our”). This document is a
legally binding agreement between you (the "registrant") as the
purchaser and/or user of the services and Zname.com.
1. You Agree to This Agreement
By using the services, you agree to all terms and conditions of this Agreement,
the UDPR or the Uniform Rapid Suspension Policy ("URS"), and any
rules, policies, or agreements published in association with specific Services
and/or which may be adopted or enforced by the Internet Corporation for
Assigned Names and Numbers ("ICANN"), as well as acceptable use
policies, privacy policies, and WHOIS data policies, including the policies of
relevant registries, and governments.
Notwithstanding any other written or oral statements you believe Zname.com
may have made to you, this agreement constitutes the entirety of Zname.com's
agreements with and obligations to you and the entirety of your contractual
rights in your relationship with Zname.com.
2. Domain Name Registration
2.1 All applications for the registration of a domain name shall be made
in the form and manner as may be prescribed from time to time by Zname.com, and
you undertake to select the domain category in accordance with the selection
criteria prescribed by the Registrar in respect of the subject domain name. You
are wholly responsible for the information you submit to Zname.com in
connection with the domain name registration, and to inform Zname.com of any
changes or amendments to the same in a prompt and timely manner, and in any
case within seven (7) days of such change. You shall ensure that current and
valid addresses for one or more contacts responsible for and knowledgeable
about the domain name and its operation are provided to Zname.com and updated
from time to time as may be necessary, and undertake to furnish such further
information in relation to the domain name registration as may be requested by Zname.com
from time to time, including documentary proof that you qualify to have the
domain name registered in the domain category selected by you.
2.2 No domain name registrations that you seek to register will be
effective until
(i) we have delivered the domain name registration information provided
by you to us via the Zname.com Platform to the relevant registry administrator,
(ii) you have made payment of the applicable fees and Zname.com has
accepted your registration request following receipt of such payment,
(iii) the relevant registry administrator puts into effect your domain
name registration and
(iv) we have informed you that the domain name registration is activated
from the date as may be specified by Zname.com.
2.3 You agree and acknowledge that
(i) domain names are registered on a first-come-first-served basis, and
that the domain name of your choice may not necessarily be available for
registration;
(ii) Your domain name registration application is based on the
registration status and query results in the domain name database of the the
domain name authority at the time, but the absence of any conflict in the query
does not necessarily mean that the domain name will be successfully registered;
(iii) you warrants that the domain name applied for registration does
not infringe the lawful rights of Zname.com or any third party, including but
limited to the trademark right, copyright and other intellectual property
rights of others, and you shall solely bear all responsibilities if any
violation;
(iv) domain names are successfully registered which entitles you to use
within the corresponding registration period under regulations and policies of
ICCAN, Versign and other relevant domain Registrar;
(v) Zname.com may elect to suspend the domain name, or otherwise revoke
the registration of the domain name, without prior notice if you are found to
be in breach of the terms and conditions of this domain name service agreement
or the Zname.com Membership Agreement, there is non-payment of service fees due
to Zname.com, for compliance with ICANN policies, applicable laws or pursuant
to a court order, and/or otherwise for security reasons; and
(vi) Zname.com is not liable or responsible in any way for any errors,
omissions or any other actions by the registry administrator, including those
arising out of or related to a request to register, renew, modify the settings
for, or transfer of a domain name registration.
3. Pre-Registration Service; Domain Backorder Service
You may place a backorder/pre-registration request for certain domain
names using backorder/pre-registration service. For each domain name you place
a backorder/pre-registration request for, we will make reasonable attempts to
acquire such domain name on your behalf. We do not guarantee your
backorder/pre-registration request will result in you obtaining the domain name
and expressly reserve the right to refuse additional backorder/pre-registration
requests or cancel existing backorder/pre-registration request at any time for
any reason. If we refuse or cancel your backorder/pre-registration request, we
will promptly refund any fees paid for the backorder/pre-registration request
in the form of account credit or, at our option, alipay. By placing a
backorder/pre-registration request, you agree to the following additional
terms:
(i) If you fail to make timely payment for a secured domain name, we may
delete and make available the domain name for public registration; make the
domain name available to third parties for purchase at our sole discretion; or
assume the registration of the domain name.
(ii) Using our backorder/pre-registration service may result in your
domain name having a different registrar of record than us.
By using our backorder/pre-registration service you acknowledge,
understand and agree that you are bound by the materially similar registration
agreement of the registrar of record, whoever that registrar may be.
4. Contact Information
4.1 Default information. When you register or bid for a domain name on Zname.com
platform, we will submit your needs or orders to the upper level registrar or
cooperative domain name service providers. Meanwhile, whois contact will be our
default information.
4.2 You knowledge and agree that, for the purpose of facilitating your
domain name transaction and management, you have to login in the account and
enter the management center to edit contact information (registrant contact,
administrative contact and technical contact), including but not limited to
your name, identity information (such as high quality photocopy of ID card) and
other relevant contact information(as email, address and phone number) . Once
the contact information is edited, Zname.com is authorize to submit your
contact information to independent third-party registrars and related domain
name service providers. That is, contact information will be synchronized to
the registrar or cooperative domain name service agencies.
5. Domain Name Renewal and Redemption
5.1 You may renew the domain name prior to its expiration date via the Zname.com
Platform. All applications for the renewal of a domain name shall be made in
the form and manner as may be prescribed from time to time by Zname.com. The
renewal of a domain name is subject to (i) your compliance with the terms and
conditions of this Service Agreement and any and all applicable renewal
procedures, (i) payment of all applicable service fees and (iii) our acceptance
of your application for renewal.
5.2 If you fail to renew your domain name in the time frame indicated in
this Service Agreement, certain Registries will provide a redemption grace
period (the "Redemption Grace Period") during which you may pay a
redemption fee to Zname.com and redeem your domain name. If you do not redeem
your domain name prior to the Redemption Grace Period, such Registries will
release your domain name and it will become available for registration on a
first-come-first served basis. You agree and acknowledge that Zname.com shall
not be liable in any way for any losses, damages, consequences or liabilities
arising from the foregoing.
6. Domain Name Push
6.1 All applications for the domain name push shall be made in the form
and manner as may be prescribed from time to time by Zname.com. The domain name
push is subject to
(i) your compliance with the terms and conditions of this Service
Agreement and any and all applicable domain name push procedures as we may
prescribe from time to time;
(ii) the domain name being valid and not having expired and not being
subject to any disputes; and
(iii) the domain name is not in arrears with registration fees.
6.2 Domain name push will change WHOIS information.
6.3 After sending push request, the other party must receive it within
24 hours, otherwise the system will cancel the request automatically.
6.4 We will not be responsible for any loss of money due to improper
keeping of the account password, loss or disclosure, which may result in the
domain name being stolen, transferred or pushed.
6.5 Once the domain name is pushed and accepted, the domain name cannot
be returned to the seller.
6.6 In case of any disputes, arbitration or theft in the process of
PUSH, Zname.com shall have the right to stop and cancel your PUSH at any time
and lock the domain name.
7. Domain Name Transfer
7.1 You may transfer a domain name either to or from another registrar
via the Zname.com Platform, subject to
(i) your compliance with the terms and conditions of this Service
Agreement and any and all applicable transfer procedures;
(ii) payment of all applicable service fees;
(iii) our acceptance of your application for transfer;
(iv) certain restrictions published on Zname.com Platform and ICANN
Transfer Policy; and
(v) approval by the respective registries.
All applications for the transfer of a domain name shall be made in the
form and manner as may be prescribed from time to time by Zname.com. You shall
promptly furnish Zname.com with any information necessary to transfer your
domain name to or from another registrar, or to assist Zname.com with resolving
any transfer dispute.
7.2 Transfer of your domain name(s) services shall be governed by
ICANN's transfer policy, available at http://www.icann.org/transfers/,
including the Registrar Transfer Dispute Resolution Policy, available at
http://www.icann.org/en/transfers/dispute-policy-12jul04.htm as well as the
UDRP and URS.
7.3 To transfer your domain name(s) you should first login to your
Account to lock or unlock your domain name(s) and/or to obtain the EPP
"AuthCode" which is required to transfer domain services in an EPP
registry. Alternatively, you should contact us to have your domain name(s)
services locked or unlocked or to obtain the EPP "AuthCode." Only the
registrant and the administrative contacts listed in the WHOIS information may
approve or deny a transfer request.
7.4 We will follow the procedures for both gaining and losing registrars
as outlined in ICANN's transfer policies.
7.5 Each registrar has its own transfer process and may choose not to
accept an transfer at its sole discretion. Zname.com shall not be responsible
for any issues resulting out of the decision of another registrar to not accept
an domain name transfer, such as due to system standards of such registrar, or
any failure of such registrar’s system preventing a transfer.
7.6 The domain name registered in your name may be transferred to
another party without your consent and without notice to you if Zname.com
receives a decision of an administrative panel appointed by a dispute
resolution service provider approved by ICANN or by the respective registries
for the purpose of resolving domain name disputes requiring such transfer
pursuant to any administrative proceeding to which you were a party. Save for
the foregoing, there shall not be any transfer of domain name between you and
any other third party.
8. Dispute Resolution Policy
8.1 You agree to be bound by the appropriate domain dispute resolution
policy (“Dispute Policy”) applicable to the domain that you have selected,
including the Uniform Domain Name Dispute Resolution Policy, which has been
developed by ICANN and/or the specific Registration Administrator(s) and is
incorporated by reference in this Agreement. Certain disputes are subject to
the applicable Dispute Policy, in the event such dispute arises, you agree that
you will be subject to the provisions specified in the applicable Dispute
Policy in effect at the time your domain registration is disputed by a third
party. You further agree that, in the event a domain dispute arises with any
third party, you will indemnify and hold Zname.com harmless pursuant to the
terms and conditions contained in the applicable Dispute Policy.
8.2 You agree to submit to any proceedings commenced under ICANN's
Uniform Domain Name Dispute Resolution Policy ("UDRP"), which can be
found at http://www.icann.org/en/help/dndr/udrp, or ICANN's Uniform Rapid
Suspension System ("URS") which can be found at
http://newgtlds.icann.org/en/applicants/urs, as these may be amended from time
to time. All other disputes between you and any party other than Zname.com
regarding your domain name registration that are not brought pursuant to the
mandatory administrative proceeding provisions of the UDRP may be resolved
between you and such other party through any court, arbitration, or other
proceeding that may be available.
8.3 We will not participate in any way in any dispute between you and
any party other than us regarding the registration and use of your domain name.
You shall not name us as a party or otherwise include us in any such
proceeding. In the event that we are named as a party in any such proceeding,
we reserve the right to raise any and all defenses deemed appropriate, and to
take any other action necessary to defend ourselves.
9. Payments and Fees
9.1 Services fees are payable for the provision of the services. You
shall make payment of the service fees corresponding to your use of the
services in accordance with the payment schedule as posted on the Zname.com
platform and the Zname.com payment and tax terms.
9.2 All services fees shall be in USD unless otherwise stated, and shall
be paid to Zname.com in the manner and within the time period prescribed in the
payment schedule. Failure to pay the service fees in the manner and within the
time period prescribed may result in Zname.com terminating this service
agreement, suspending or terminating all or part of the services.
10. Warranties
10.1 You warrant:
(i) any and all information or document, statement you provide to Zname.com
is true, accurate, correct, complete, and not deceptive, fraudulent or
misleading;
(ii) your registration and use of the domain name will not infringe upon
or otherwise violate the rights of any third party or applicable laws and
regulations;
(iii) you are not registering the domain name for an unlawful purpose;and
(iv) you will not knowingly use the domain name in violation of any and
all current and future policies, regulations, terms and conditions of ICANN,
the relevant registries and laws.
10.2 You agree and acknowledge that:
(i) you are liable or responsible for determining whether your domain
name registration infringes or violates the rights of any third party, and that
Zname.com relies on your warranties herein to provide the services to you;
(ii) Zname.com does not evaluate whether the registration or use of the
domain name may infringe upon any rights of any third party, and you shall not
use the fact that the domain name is registered pursuant to this Service
Agreement as a defence in any proceedings brought by any third party in
connection with the domain name;
(iii) Zname.com does not guarantee that you will be able to register,
renew, redeem or transfer a domain name, even if Zname.com’s systems indicate
that the domain name is available or you are able to complete an order with
respect to such domain name;
(iv) Zname.com may elect to reject your application for registration,
renewal, redemption or transfer of a domain name for any reason at its sole
discretion, including, but not limited to, failure to comply with the terms and
conditions herein, rejection due to a prohibited, improper, unavailable,
infringing or otherwise questionable domain name;
(v) Zname.com may, in certain extenuating circumstances specifically
approved by ICANN, required under a dispute policy, or mandated by a court of competent
jurisdiction, renew your domain name registration without your explicit consent
in order to prevent its deletion. Your failure to respond to expiration and/or
renewal notices from Zname.com is not an extenuating circumstance;
(vi) Zname.com is not liable for any inaccuracies or errors in the
domain name registration, renewal, redemption or transfer process, nor in any
way for any errors, omissions, or any other actions by any third party or the
Registry arising out of, or related to a request to register, renew, redeem or
transfer a domain name.
11. Indemnity and Limitation of Liability
11.1 You will defend, indemnify, and hold harmless Zname.com, its
affiliates, licensors, and each of their respective employees, officers,
directors, and representatives from and against any claims, damages, losses,
liabilities, costs, and expenses (including reasonable attorneys’ fees) arising
out of or in connection with any third party claim concerning your:
(i) use of the Services;
(ii) breach of this Service Agreement;
(iii) breach of any applicable laws; and
(iv)defined in the Zname.com Membership Agreement) or misappropriation
of third party rights in connection with your use of the Services.
11.2 Zname.com will promptly notify you of any claim subject to the
above, but Zname.com’s failure to notify you will only affect your obligations
above to the extent that our failure prejudices your ability to defend the
claim. Zname.com reserves the right to assume control of the defense and
settlement of the claim at any time.
11.3 Save only for any warranties, representations, conditions and
undertakings by Zname.com expressly set forth in this Service Agreement, Zname.com
hereby excludes all other warranties, representations, conditions and
undertakings, express or implied, to the maximum extent permitted under
applicable law.
12. Modification of Agreement
You specially acknowledge and agree that the domain name system and its
policies, and the practice of registering, monitoring and administering domain
names are continually evolving. Thus, this agreement may change over time,
either through amendments by us, changes to ICANN policy or applicable law
which may or may not be reflected in the text of this agreement, or otherwise.
Before any material changes to this agreement become binding on you (other than
changes resulting from a change in ICANN policy or applicable law), we will
notify you of such changes by, for example, sending email to you at your email
address of record. If, as a result of such a change, you no longer agree with
the terms of this Agreement, you agree that your exclusive remedy is (i) to
transfer your domain name registration services to another registrar, or (ii)
to cancel your services, including domain name registration services, with us.
Your continued use of the services following notification of a change in this
agreement indicates your consent to the changes. Unless otherwise specified by
us, any such change binds you:
(i) thirty (30) days after we notify you of the change, or
(ii) immediately if such change is a result of a new or amended ICANN
policy or applicable law.
13. Term and Termination
13.1 Term. The term of this domain service Agreement commences on the
day you accept this Agreement to the day until the occurrence of any of the
following:
(i) your domain registration is cancelled;
(ii) your domain is transferred to a third party; or (iii) your domain
expires or is terminated; or
(iv) you fail to pay any service fees due to Zname.com; or (v)you breach
this Service Agreement or the additional terms and conditions; or
(vi) We or the Registrar deem that you may have violated the Registrant
Terms of Use; or
(vii) your violation of Zname.com’s security policy or Risk control
policy; or
(viii) to comply with any applicable law or requests of any governmental
or regulatory entity.
Your obligation to pay any fees or other amounts under this Agreement
which arose prior to expiration or other termination of this domain name
service agreement shall survive any such expiration or termination.
13.2 Termination. Zname.com reserves the right to suspend, cancel,
transfer or modify your domain registration if:
(i) you materially breach this domain name service
agreement (including the Dispute Policy) and do not cure such breach within ten
(10) days of notice by Zname.com;
(ii) you use the domain to send unsolicited email, in
violation of this domain name service agreement or applicable laws;
(iii) you use your domain in connection with unlawful
activity; or
(iv) you otherwise violate this domain name service agreement as
determined by Zname.com in its sole discretion.
WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED WITH THE
TERMINATION OF YOUR RIGHTS TO THE DOMAIN NAME.
14. Miscellaneous
14.1 Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Domain Name Service Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
14.2 Severability. If any provision or portion of any provision of this
domain name service agreement shall be held to be illegal, invalid or
unenforceable by a court of competent jurisdiction, it is the intention of the
parties that the remaining provisions or portions thereof shall constitute
their agreement with respect to the subject matter hereof, and all such
remaining provisions or portions thereof shall remain in full force and effect.
14.3 Entire agreement. This domain name service Agreement, and subsequent supplementary agreement, including but not limited to the specific service agreement, the applicable Dispute Policy (as modified from time to time), constitute the complete and exclusive agreement between you and Zname.com.