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”, “purchaser” and “user”) and Zname Ltd.
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.
2. Domain Registration
2.1 All applications for the domain registration shall be made in the form and manner as may be prescribed by Zname, 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 in connection with the domain registration, and to inform Zname 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 and updated from time to time as may be necessary, and undertake to furnish such further information in relation to the domain registration as may be requested by Zname from time to time, including documentary proof that you qualify to have the domain 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 registration information provided by you to us via the Zname to the relevant registry,
(ii) you have made payment of the applicable fees and Zname has accepted your registration request following receipt of such payment,
(iii) the relevant registry puts into effect your domain registration,
(iv) we have informed you that the domain registration is valid from the date as may be specified by Zname.
2.3 You agree and acknowledge that:
(i) domains are registered on a first-come-first-served basis, and your desired domain may not necessarily be available;
(ii) Your domain registration request is based on the registration status and query results in the domain name database, 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 applied for registration does not infringe the lawful rights of Zname 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) the domain are successfully registered which entitles you to use within the corresponding registration period under regulations and policies of ICANN, Verisign and other relevant Registries;
(v) Zname may suspend the domain, 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 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 is not liable or responsible in any way for any errors, omissions or any other actions by the registry, including those arising out of or related to a request to register, renew, modify the settings, or transfer the domain.
3. Pre-registration Service and Domain Backorder Service
You may place a backorder/pre-registration request for certain domains using backorder/pre-registration service. We will make reasonable attempts to acquire that domain once you place a backorder/pre-registration request. We do not guarantee your backorder/pre-registration request will result in you obtaining the domain 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 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 domain, we may delete and make available the domain for public registration; make the domain available to third parties for purchase at our sole discretion; or assume the registration of the domain.
ii) Using our backorder/pre-registration service may result in your domain 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 on Zname, we will submit your needs or orders to the upper level registrar or cooperative domain service providers. Meanwhile, whois contact will be our default information.4.2 You knowledge and agree that, for the purpose of facilitating your domain transaction and management, you have to login in the account and enter the member 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 will submit your contact information to independent third-party registrars and related domain service providers. That is, contact information will be synchronized to the registrar or cooperative domain service agencies.
5. Domain Renewal and Redemption
5.1 You may renew the domain prior to its expiration date via Zname. All applications for the renewal of a domain shall be made in the form and manner as may be prescribed from time to time by Zname. 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;
(ii) payment of all applicable service fees;
(iii) our acceptance of your application for renewal.
5.2 If you fail to renew your domain 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 and redeem your domain. If you do not redeem your domain prior to the Redemption Grace Period, such Registries will release your domain and it will become available for registration on a first-come-first served basis. You agree and acknowledge that Zname shall not be liable in any way for any losses, damages, consequences or liabilities arising from the foregoing.
6. Domain Push
6.1 All applications for the domain push shall be made in the form and manner as may be prescribed from time to time by Zname. The domain push is subject to:
(i) your compliance with the terms and conditions of this Service Agreement and any and all applicable domain push procedures as we may prescribe from time to time;
(ii) the domain is valid and not expired and not involved in any disputes;
(iii) the domain is not in arrears with registration fees.
6.2 Domain push will change WHOIS information.
6.3 After sending push request, the other party must receive it within 15 days, 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 is pushed and accepted, the domain cannot be returned to the loser.
6.6 In case of any disputes, arbitration or theft in the process of PUSH, Zname shall have the right to stop and cancel your PUSH at any time and lock the domain.
7. Domain Transfer
7.1 You may transfer a domain either to or from another registrar via the Zname, 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;
(v) approval by the relevant registrar. All applications for domain transfer shall be made in the form and manner as may be prescribed from time to time by Zname. You shall promptly furnish Zname with any information necessary to transfer your domain to or from another registrar, or to assist Zname 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 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 shall not be responsible for any issues resulting out of the decision of another registrar to not accept domain transfer request, such as due to system standards of such registrar, or any failure of such registrar’s system preventing a transfer.
7.6 The domain registered in your name may be transferred to another party without your consent and without notice to you if Zname 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 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 the domain 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 regarding your domain 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 or tax corresponding to your use of the services in accordance with the payment schedule as posted on the Zname.
9.2 All services fees shall be in USD unless otherwise stated, and shall be paid to Zname 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 suspending or terminating all or part of the services according this Service Agreement.
10. Warranties
10.1 You warrant:
(i) any and all information or document, statement you provide to Zname is true, accurate, correct, complete, and not deceptive, fraudulent or misleading;
(ii) your registration and use of the domain 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 for an unlawful purpose;
(iv) you will not knowingly use the domain in violation of any and all current and future policies, regulations, terms and conditions of ICANN, the relevant registrars and laws.
10.2 You agree and acknowledge that:
(i) you are liable or responsible for determining whether your domain registration infringes or violates the rights of any third party, and that Zname relies on your warranties herein to provide the services to you;
(ii) Zname does not evaluate whether the registration or use of the domain may infringe upon any rights of any third party, and you shall not use the fact that the domain is registered pursuant to this Service Agreement as a defense in any proceedings brought by any third party in connection with the domain;
(iii) Zname does not guarantee that you will be able to register, renew, redeem or transfer a domain name, even if Zname’s systems indicate that the domain is available or you are able to complete an order with respect to such domain;
(iv) Zname 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;
(v) Zname 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 is not liable for any inaccuracies or errors in the domain 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, 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 Membership Agreement or misappropriation of third party rights in connection with your use of the Services.
11.2 Zname will promptly notify you of any claim subject to the above, but Zname’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 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 expressly set forth in this Service Agreement, Zname hereby excludes all other warranties, representations, conditions and undertakings, express or implied, to the maximum extent permitted under applicable law.
12. Modification
You specially acknowledge and agree that the domain system and its policies, and the practice of registering, monitoring and administering domains 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 to cancel your services. 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.
13. Term and Termination
13.1 Term. The term of this 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;
(iii) your domain expired or terminated;
(iv) you fail to pay any service fees due to Zname;
(v) you breach this Service Agreement or the additional terms and conditions;
(vi) We or the Registrar deem that you may have violated the Registrant Terms of Use;
(vii) your violation of Zname’s security policy or risk control policy;
(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 reserves the right to suspend, cancel, transfer or modify your domain registration, if:
(i) you materially breach this Service Agreement and other relevant agreement or policies;
(ii) you use the domain to send unsolicited email, in violation of this Service Agreement or applicable laws;
(iii) you use your domain in connection with unlawful activity.
14. Disclosure
14.1 You acknowledge and agree that Zname will collect and use your personal information and data in the process of providing such products and/or services to you, including but not limited to the registrant information and payment information submitted by you.
14.2 Zname will not disclose your information and data to any third party without authorization, if
(i) disclosed to third parties with your prior consent;
(ii) Zname is required to be disclosed in accordance with legal provisions;
(iii) your domaine is suspected of illegal activities, relevant law-enforcing department, domain dispute resolution institutions, third parties who need to claim rights against you require Zname to disclose through necessary procedures;
(iv) required disclosure according to Zname’s Privacy Policy.
15. Miscellaneous
15.1 Notification. You agree that any notices sent to you by Zname pursuant to this Services Agreement will be deemed to have been sent in accordance with the contact information you provided.
15.2 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.
15.3 Severability. If any provision or portion of any provision of this Service Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the validity or enforceability of the remaining provisions of this Agreement shall remain in full force and effect.