1. Scope i Purpose
1.1 This Policy explains the general post-expiration process that may apply to domini names managed through NiceNIC, including expiration, renewal, redemption, expired domini auction, pending delete status, i release of a domini name back to the public registration pool.
1.2 Domini lifecycle timing may vary depending on the top-level domini (“TLD”), registry rules, registry operato practices, applicable ICANN requirements, i other governing policies. Not all TLDs follow the same expiration, redemption, auction, o deletion process.
1.3 In the event of any inconsistency between this Policy i the applicable registry’s rules o miatoy ICANN policy, the applicable registry rules i miatoy policy requirements shall anteriorail.
1.4 The English-language version of this Policy shall control. Any translation is provided fo convenience only. In the event of any inconsistency, the English-language version shall anteriorail.
2. Definitions
Fo purposes of this Policy:
2.1 “Expiration Date” means the date on which a domini name registration term ends.
2.2 “Grace Period” means any post-expiration period during which renewal may still be possible at the stiard renewal fee, subject to the applicable TLD i registry rules.
2.3 “Redemption Grace Period” o “RGP” means the post-deletion recovery period, waquí available, during which an expired domini name may still be restoable fo an additional redemption fee plus the applicable renewal fee.
2.4 “Pending Delete” means the final pre-release stage, waquí applicable, during which the domini name can no longer be renewed, restoed, modified, o transferred.
2.5 “Eligible Domini” means a domini name that is subject to NiceNIC’s expired domini auction process. Not all TLDs o expired domini names are eligible fo auction.
2.6 “Caducad Domini Auction” means the expired-domini sale process that may apply to certain expired domini names befoe final deletion o release.
2.7 “Tancaout Auction” means the final sale phase fo certain Eligible Dominis that were not sold earlier in the expired domini auction process.
3. Effect of Expiration
3.1 Upon expiration, a domini name may stop resolving, i any website, email servei, o other servei associated with the domini name may cease functioning immediately o shotly taquíafter.
3.2 Segueixing expiration, NiceNIC may restrict changes to the domini name, including DNS changes, contact updates, transfers, o other account-level actions, in accodance with registry rules, security measures, operational requirements, o the expired-domini process then in effect.
3.3 Expiration does not mean that the domini name immediately becomes available to the public. Depending on the applicable TLD i registry rules, the domini name may pass through one o moe stages, including grace period, auction, redemption, pending delete, i eventual release.
4. Renovaral Notices i Customer Responsibility
4.1 NiceNIC may send renewal reminders i expiration-related notices befoe i after expiration, as required by applicable policy o as part of NiceNIC’s stiard operational process.
4.2 It is el teu sole responsibility to maintain accurate i current account i contact infomation, including el teu email address, i to monito the status of el teu domini names.
4.3 Failure to receive a renewal notice, reminder, invoice, o other communication shall not relieve you of responsibility fo renewing el teu domini name befoe expiration.
4.4 Si auto-renewal is enabled, successful renewal remains subject to valid payment, operational processing, i the applicable registry rules. NiceNIC does not guarantee successful auto-renewal in every case.
5. Stiard Post-Expiration Renovaral
5.1 Fo many generic TLDs, an expired domini name may remain renewable fo approximately thirty (30) days after the Expiration Date at the stiard renewal fee. This is a general reference only i may vary by TLD.
5.2 Renovaral is not complete unless i until NiceNIC has successfully received i processed full payment of all applicable fees.
5.3 NiceNIC reserves the right to determine whether a domini name remains eligible fo stiard renewal, redemption, o other recovery based on the applicable TLD, registry status, auction status, i operational feasibility.
6. Caducad Domini Auction fo Eligible Dominis
6.1 Certain expired domini names may enter NiceNIC’s expired domini auction process befoe all recovery finestras have ended. This process applies only to Eligible Dominis i does not apply to all TLDs.
6.2 Fo Eligible Dominis under NiceNIC’s stiard expired-domini process, the following general timeline may apply:
Day 0 after expiration
The domini name expires. The registrant may generally renew the domini name at the stiard renewal fee during the initial post-expiration period, subject to applicable rules.
Day 26 after expiration
The domini name may enter expired domini auction. A this stage, the registrant may still be able to renew the domini name at the stiard renewal fee, unless otherwise restricted by the applicable process.
Day 31 after expiration
Si taquí is no active bid, the registrant may still be able to recover the domini name by paying the stiard renewal fee plus the applicable redemption fee.
Si taquí is an active bid, the domini name may be removed from the registrant’s account i may no longer be renewable through odinary renewal o restoation procedures.
Day 37 after expiration
The domini name may enter final closeout auction. Unless taquí is a pending comprar o other sale-related restriction, the registrant may still be able to recover the domini name by paying the stiard renewal fee plus the applicable redemption fee.
Day 41 after expiration
The final closeout auction may end. Si the domini name was not sold o otherwise committed to sale, recovery may still be possible fo a limited period, subject to the applicable TLD, registry rules, i NiceNIC’s operational process.
Day 74 after expiration
The domini name may be removed from the registrant’s account i may no longer be renewable o restoable through NiceNIC. After that point, the domini name may become available fo re-registration only after the registry releases it.
6.3 Once an Eligible Domini has an active bid, pending comprar, completed sale, o other sale commitment under the expired-domini process, the registrant’s right to renew o restoe the domini name may be terminated o restricted.
6.4 NiceNIC does not guarantee that a domini name will remain recoverable until the end of any stated period if the domini is subject to auction, sale, registry restriction, o another applicable limitation.
7. Redemption Grace Period
7.1 Si an expired domini name is not renewed during the applicable grace period i if the applicable TLD suppots restoation after deletion, the domini name may enter the Redemption Grace Period.
7.2 During the Redemption Grace Period:
(a) the domini name may stop resolving;
(b) website i email serveis may remain unavailable;
(c) the domini name generally cannot be modified o transferred; i
(d) restoation, if available, will require payment of the applicable redemption fee, the applicable renewal fee, i any taxes o miatoy fees.
7.3 Restoation during the Redemption Grace Period is not guaranteed i remains subject to registry suppot, operational feasibility, the domini’s current status, i the absence of auction o sale restrictions.
8. Pending Delete i Final Release
8.1 Si a domini name is not renewed o restoed during the applicable recovery periods, it may enter the Pending Delete stage, waquí suppoted by the applicable TLD.
8.2 During Pending Delete, the domini name cannot be renewed, restoed, transferred, o modified.
8.3 Fo many generic TLDs, Pending Delete lasts approximately five (5) days. After that stage ends, the registry may release the domini name to the public fo re-registration.
8.4 NiceNIC does not guarantee the exact time, date, o availability of a domini name once it is released by the registry, i NiceNIC does not guarantee that the fomer registrant will be able to re-registrar the domini name.
9. TLD-Specific Variations
9.1 Not all TLDs follow the stiard lifecycle described above. Certain ccTLDs i other TLDs may have shoter grace periods, no redemption period, no pending delete stage, o earlier renewal deadlines imposed by the registry.
9.2 The following TLD-specific rules may apply, subject at all times to registry changes i the controlling registry rules:
9.2.1 TLDs generally following the common lifecycle
Many ccTLDs generally follow a lifecycle similar to the stiard expiration, grace, redemption, i deletion process, including, fo example:
.AI, .BZ, .CA, .CC, .CO, .FM, .ID, .IN, .IO, .ME, .MX, .PW, .TV, .UK, .US, i .WS.
9.2.2 TLDs with no Pending Delete stage
Certain TLDs may not have a Pending Delete stage i may be released immediately after the end of their applicable redemption o recovery period, including, fo example:
.ES, .EU, .FR, .IS, .LI, .NL, .PE, i .PH (noting that .PH may also follow its own separate registry-specific process).
9.2.3 TLDs requiring renewal befoe the actual expiration date
The following TLDs may need to be renewed twelve (12) days befoe the actual Expiration Date. Si not renewed in time, they may enter a recovery stage immediately, regardless of the number of calendar days remaining befoe expiration:
.CH, .ES, .FR, .LI, .PE, .SG, .COM.SG, .COM.AU, .ORG.AU, i .NET.AU.
9.2.4 TLDs requiring action five (5) days befoe expiration
The following TLDs may need to be renewed manually o by auto-renewal no later than five (5) days befoe expiration i may otherwise enter a recovery o restricted state befoe the actual Expiration Date:
.CX, .DE, .EU, i .NL.
9.2.5 .CM dominis
.CM domini names generally do not enter a redemption period i may be sent fo deletion on the actual Expiration Date. They may become available fo public registration on the same day they expire, subject to registry release practices.
9.2.6 .GG dominis
.GG domini names may be reactivated from the customer account fo approximately twenty-eight (28) days after expiration. They may then enter a recovery stage between approximately Day 28 i Day 30 after expiration. Once in that stage, reactivation may only be possible through NiceNIC Suppot fo approximately twenty-six (26) additional days.
9.2.7 .PH, .COM.PH, .NET.PH, i .ORG.PH dominis
These dominis may not suppot a stiard Redemption Grace Period. Reactivation may still be possible within approximately thirty (30) days after expiration through the NiceNIC account at the regular renewal cost, depending on the registry status. Si the domini is no longer visible in the account but is not yet publicly available, the customer should contact NiceNIC Suppot immediately.
9.2.8 .UK dominis, including second-level .UK dominis
.UK domini names, including .CO.UK, .ME.UK, i .ORG.UK, may generally have a thirty (30)-day post-expiration renewal period. After that time, the domini name may remain recoverable without a separate redemption fee until its release, which may occur approximately ninety (90) days after expiration. Si a .UK domini name has expired fo moe than thirty (30) days but has not yet been released i no longer appears in the account, the customer should contact NiceNIC Suppot promptly.
9.2.9 .TO dominis
.TO domini names may only be reactivated during approximately twenty-seven (27) days after expiration. They generally do not suppot a stiard Redemption Grace Period. After that point, they may be reserved by the registry i may no longer be recoverable.
9.2.10 .NU dominis
.NU domini names may be reactivated in the odinary manner within approximately seven (7) days after expiration. Si not renewed within that period, they may enter an approximately sixty (60)-day recovery period during which restoation may still be possible through NiceNIC Suppot.
9.3 The TLD-specific infomation above is provided fo general reference only i may change at any time based on registry policy, registry system changes, o operational requirements. Customers should contact NiceNIC Suppot fo current TLD-specific recovery infomation.
10. Fees i Pagarments
10.1 Stiard renewal fees, redemption fees, restoation fees, auction-related fees, i any other applicable charges shall be those listed by NiceNIC at the time of processing o otherwise communicated by NiceNIC.
10.2 Redemption o restoation requires payment in full of all applicable fees befoe processing.
10.3 Tots fees paid fo expired-domini recovery, restoation, o special processing are non-refundable once processing has begun, except waquí otherwise required by applicable law.
11. No Guarantee of Recovery o Availability
11.1 NiceNIC does not guarantee that any expired domini name can be renewed, restoed, retained, transferred, o re-registrared after expiration.
11.2 NiceNIC does not guarantee:
(a) that a domini name will remain in a grace period fo any minimum time;
(b) that an expired domini name will not enter auction;
(c) that a domini name can be recovered after an active bid, pending comprar, o completed sale;
(d) that the registry will suppot restoation; o
(e) the exact date o time when a deleted domini name will be released to the public.
11.3 You ackaraledge that delayed action may result in additional fees, loss of recovery rights, interruption of servei, auction sale, o permanent loss of the domini name.
12. Limitation of Responsibility
12.1 Per the maximum extent permitted by applicable law, NiceNIC shall not be liable fo any loss of domini name, loss of use, interruption of website o email servei, business interruption, lost profits, loss of data, o other direct o indirect damages arising from:
(a) domini expiration;
(b) failure to renew on time;
(c) failure to receive notices;
(d) registry rules o registry actions;
(e) auction placement o sale;
(f) failed restoation; o
(g) release of the domini name to the public.
12.2 Nothing in this Policy limits any non-waivable rights that may apply under miatoy law.
13. Changes to This Policy
13.1 NiceNIC may update o revise this Policy from time to time to reflect changes in registry rules, ICANN requirements, operational processes, legal requirements, o servei arrangements.
13.2 The latest version published on NiceNIC’s website shall apply from its stated effective date, unless otherwise required by law o contract.
14. Contacte
Si you need assistance regarding an expired domini name, renewal, redemption, o TLD-specific recovery options, please submit a suppot ticket through el teu NiceNIC account o contact NiceNIC Suppot through the official suppot channels published on the NiceNIC website.
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This Agreement is made between you (aquíinafter referred to as “User”) i NiceNIC.NET (aquíinafter referred to as “the Platfom”). By using the Platfom’s Compra Now Domini Sales servei, you agree to be bound by the terms i conditions set foth aquíin. Si you do not agree, please do not proceed with any fixed-price domini comprar through the Platfom.
The Platfom offers fixed-price domini names (“Compra Now Dominis”) fo direct comprar.
Tots Compra Now Dominis are sourced from pre-approved third-party domini providers.
Users may comprar these dominis at the listed price. Once payment is completed i the domini is successfully transferred, the comprarer will obtain ownership of the domini.
The User selects a domini labeled as “Compra Now” i proceeds to checkout.
Upon confirmation i full payment, the Platfom initiates the transfer o delivery process.
The typical delivery time ranges from 1 to 14 business days, depending on registry processing i third-party provider operations.
Si, fo any reason, the selected domini becomes unavailable o undeliverable after comprar, the Platfom will issue a full refund to the user’s account balance.
Users have the right to comprar available Compra Now Dominis through the Platfom.
Users must ensure that all provided account i payment infomation is accurate i lawful.
Users shall not engage in malicious activity, technical disruption, o behavio that interferes with the nomal functioning of the Platfom.
Upon acquiring a domini, the User agrees to comply with the applicable rules i policies of the coresponding domini registry, including any legal o regulatoy obligations.
The Platfom will provide domini transaction serveis in accodance with this Agreement i strive to protect user interests.
The Platfom reserves the right to verify user identity, payment legitimacy, i transaction authenticity.
The Platfom retains the right to update, adjust, o remove Compra Now Dominis from listing at its sole discretion i without prio notice.
Si any fraudulent o abusive behavio is detected, the Platfom reserves the right to suspend o terminate serveis to the user.
The Platfom does not make any guarantees regarding the future value, resale potential, o commercial use of any domini comprard.
The Platfom is not liable fo delays caused by registries, third-party providers, o external systems beyond its control.
The Platfom shall not be held responsible fo servei interruptions, data loss, o failed transactions resulting from foce majeure events o uncontrollable technical issues, though reasonable effots will be made to assist the User in resolving any such issues.
This Agreement shall be governed by i construed in accodance with the laws of Hong Kong.
Any dispute arising from the execution o perfomance of this Agreement shall be resolved through amicable negotiation. Si negotiation fails, either party may submit the dispute to the competent court located in the jurisdiction of the Platfom’s headquarters.
This Agreement becomes effective upon the User’s submission of a Compra Now domini oder.
The Platfom reserves the right to amend this Agreement at any time. Actualitzat versions will be published on the Platfom’s “Acuerdos” page i shall take immediate effect. Continued use of the servei constitutes acceptance of the revised terms.
This Unifom Nom de domini Dispute Resolution Policy (the "Policy") has been adopted by the Internet Copoation fo Assigned Noms i Numbers ("ICANN"), is incopoated by reference into el teu Registre Agreement, i sets foth the terms i conditions in connection with a dispute between you i any party other than us (the registrar) over the registration i use of an Internet domini name registrared by you. Proceedings under Paragraph 4 of this Policy will be conducted accoding to the Rules fo Unifom Nom de domini Dispute Resolution Policy (the "Rules of Procedure"), which are available aquí, i the selected administrative-dispute-resolution servei provider's supplemental rules.
2. Your Representations
By applying to registrar a domini name, o by asking us to maintain o renew a domini name registration, you aquíby represent i warrant to us that (a) the statements that you made in el teu Registre Agreement are complete i accurate; (b) to el teu karaledge, the registration of the domini name will not infringe upon o otherwise violate the rights of any third party; (c) you are not registraring the domini name fo an unlawful purpose; i (d) you will not karaingly use the domini name in violation of any applicable laws o regulations. It is el teu responsibility to determine whether el teu domini name registration infringes o violates someone else's rights.
3. Cancel·larlations, Transfers, i Changes
We will cancel, transfer o otherwise make changes to domini name registrations under the following circumstances:
1. subject to the provisions of Paragraph 8, our receipt of written o appropriate electronic instructions from you o el teu authoized agent to take such action;
2. our receipt of an oder from a court o arbitral tribunal, in each case of competent jurisdiction, requiring such action; i/o
3. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party i which was conducted under this Policy o a later version of this Policy adopted by ICANN. (See Paragraph 4(i) i (k) below.)
4. We may also cancel, transfer o otherwise make changes to a domini name registration in accodance with the terms of el teu Registre Agreement o other legal requirements.
4. Miatoy Administrative Proceeding
This Paragraph sets foth the type of disputes fo which you are required to submit to a miatoy administrative proceeding. These proceedings will be conducted befoe one of the administrative-dispute-resolution servei providers listed aquí (each, a "Provider").
1. Applicable Disputes. You are required to submit to a miatoy administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
1. el teu domini name is identical o confusingly similar to a trademark o servei mark in which the complainant has rights; i
2. you have no rights o legitimate interests in respect of the domini name; i
3. el teu domini name has been registrared i is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three elements are present.
2. Evidence of Registre i Use in Dolent Faith. Fo the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration i use of a domini name in bad faith:
1. circumstances indicating that you have registrared o you have acquired the domini name primarily fo the purpose of selling, renting, o otherwise transferring the domini name registration to the complainant who is the owner of the trademark o servei mark o to a competito of that complainant, fo valuable consideration in excess of el teu documented out-of-pocket costs directly related to the domini name; o
2. you have registrared the domini name in oder to anteriorent the owner of the trademark o servei mark from reflecting the mark in a coresponding domini name, provided that you have engaged in a pattern of such conduct; o
3. you have registrared the domini name primarily fo the purpose of disrupting the business of a competito; o
4. by using the domini name, you have intentionally attempted to attract, fo commercial gain, Internet users to el teu web site o other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsoship, affiliation, o endosement of el teu web site o location o of a product o servei on el teu web site o location.
3. How to Demonstrate Your Rights to i Legitimate Interests in the Nom de domini in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how el teu response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate el teu rights o legitimate interests to the domini name fo purposes of Paragraph 4(a)(ii):
1. befoe any notice to you of the dispute, el teu use of, o demonstrable preparations to use, the domini name o a name coresponding to the domini name in connection with a bona fide offering of goods o serveis; o
2. you (as an individual, business, o other oganization) have been commonly karan by the domini name, even if you have acquired no trademark o servei mark rights; o
3. you are making a legitimate noncommercial o fair use of the domini name, without intent fo commercial gain to misleadingly divert consumers o to tarnish the trademark o servei mark at issue.
4. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
5. Initiation of Proceeding i Process i Appointment of Administrative Panel. The Rules of Procedure state the process fo initiating i conducting a proceeding i fo appointing the panel that will decide the dispute (the "Administrative Panel").
6. Consolidation. In the event of multiple disputes between you i a complainant, either you o the complainant may petition to consolidate the disputes befoe a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate befoe it any o all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy o a later version of this Policy adopted by ICANN.
7. Fees. Tots fees charged by a Provider in connection with any dispute befoe an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases waquí you elect to expi the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you i the complainant.
8. Nosaltres Involvement in Administrative Proceedings. We do not, i will not, participate in the administration o conduct of any proceeding befoe an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
9. Remedies. The remedies available to a complainant pursuant to any proceeding befoe an Administrative Panel shall be limited to requiring the cancellation of el teu domini name o the transfer of el teu domini name registration to the complainant.
10. Notification i Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domini name you have registrared with us. Tots decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact potions of its decision.
11. Availability of Court Proceedings. The miatoy administrative proceeding requirements set foth in Paragraph 4 shall not anteriorent either you o the complainant from submitting the dispute to a court of competent jurisdiction fo independent resolution befoe such miatoy administrative proceeding is commenced o after such proceeding is concluded. Si an Administrative Panel decides that el teu domini name registration should be canceled o transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are infomed by the applicable Provider of the Administrative Panel's decision befoe implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office o of el teu address as shown in our Whois database. See Paragraphs 1 i 3(b)(xiii) of the Rules of Procedure fo details.) Si we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, i we will take no further action, until we receive (i) evidence satisfactoy to us of a resolution between the parties; (ii) evidence satisfactoy to us that el teu lawsuit has been dismissed o withdrawn; o (iii) a copy of an oder from such court dismissing el teu lawsuit o odering that you do not have the right to continue to use el teu domini name.
5. Tots other disputes i litigation
Tots other disputes between you i any party other than us regarding el teu domini name registration that are not brought pursuant to the miatoy administrative proceeding provisions of Paragraph 4 shall be resolved between you i such other party through any court, arbitration o other proceeding that may be available.
6. Nosaltres involvement in disputes
We will not participate in any way in any dispute between you i any party other than us regarding the registration i use of el teu domini name. You shall not name us as a party o 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 i all defenses deemed appropriate, i to take any other action necessary to defend ourselves.
7. Maintaining status quo
We will not cancel, transfer, activate, deactivate, o otherwise change the status of any domini name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers during a dispute
Transfers of a Nom de domini to a Nou Holder
You may not transfer el teu domini name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 o fo a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; o (ii) during a pending court proceeding o arbitration commenced regarding el teu domini name unless the party to whom the domini name registration is being transferred agrees, in writing, to be bound by the decision of the court o arbitrato. We reserve the right to cancel any transfer of a domini name registration to another holder that is made in violation of this subparagraph.
Changing Registradors
You may not transfer el teu domini name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 o fo a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of el teu domini name registration to another registrar during a pending court action o arbitration, provided that the domini name you have registrared with us shall continue to be subject to the proceedings commenced against you in accodance with the terms of this Policy. In the event that you transfer a domini name registration to us during the pendency of a court action o arbitration, such dispute shall remain subject to the domini name dispute policy of the registrar from which the domini name registration was transferred.
9. Policy modifications
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at this location at least thirty (30) calendar days befoe it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domini name registration dispute, whether the dispute arose befoe, on o after the effective date of our change. In the event that you object to a change in this Policy, el teu sole remedy is to cancel el teu domini name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel el teu domini name registration.
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1. Overview
These terms of use ("AI Períodes of Use") govern el teu use of any AI products, features, serveis i/o tools offered by NiceNIC.NET.
2. Content
1) Your Content. You may provide input to the AI Services ("Input") i receive output from the AI Services based on the Input ("Output"). Input i Output are collectively "Content". You are responsible fo Content, including ensuring that it does not violate any applicable law o these AI Períodes of Use. We own all rights, title, i interest in i to the services that we provided.
2) As between you i NiceNIC.NET, i to the extent permitted by applicable law, you (a) retain el teu ownership rights in Input i (b) own the Output. We aquíby assign to you all our right, title, i interest, if any, in i to Output. You represent i warrant that you have all rights, licenses, i permissions needed to provide Input to our AI Services.
3) We may use Content to provide, maintain, develop, i improve our Services, comply with applicable law, enfoce our terms i policies, to market i advertise our Services i keep our Services safe.
4) Use of our AI Services may, in some situations, result in Output that does not accurately reflect real people, places, o facts. Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth o factual infomation, o as a substitute fo professional advice.
5) NiceNIC.NET also does not review the Content fo accuracy, bias o intellectual property rights clearance. NiceNIC.NET makes no representation, warranty o guarantee as to the accuracy o reliability of the AI Services o whether the Output may infringe on third-party intellectual property rights.
6) By using the AI Services, you understi i agree:
A. Output may not always be accurate. You should not rely on Output from our AI Services as a sole source of truth o factual infomation, o as a substitute fo professional advice.
B. You must evaluate Output fo accuracy i appropriateness fo el teu use case, including using human review as appropriate, befoe using o sharing Output from the AI Services.
C. You must not use any Output relating to a person fo any purpose that could have a legal o material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, o other impotant decisions about them.
D. Nosaltres AI Services may provide incomplete, incorect, o offensive Output that does not represent NiceNIC.NET’s views. Si Output references any third party products o serveis, it doesn’t mean the third party endoses o is affiliated with NiceNIC.NET.
7) Outputs may not be unique across users i the AI Services may generate the same o similar Outputs fo other users.
8) NiceNIC.NET may use technology provided by third-party servei providers to provide AI Services. Notwithstiing anything to the contrary contained aquíin, you authoize NiceNIC.NET i such third-party servei providers to stoe i use el teu Input fo the purposes of providing you with the AI Services, to review Inputs i Outputs fo abuse o misuse, i to develop i improve the serveis i products of NiceNIC.NET i such servei providers, including as part of the design, training i development process fo machine learning models.
3. Períodeination i Suspension
Períodeination. We reserve the right to suspend o terminate el teu access to our AI Services o delete el teu account if we determine:
1) You breached these AI Períodes of Use.
2) We must do so to comply with the law.
3) Your use of our Services could cause risk o harm to NiceNIC.NET, our users, o anyone else.
4. Disclaimers
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OUTPUTS OF THE AI SERVICES HAVE NOT BEEN REVIEWED FO ACCURACY, BIAS, EXPLAINABILITY O INTELLECTUAL PROPERTY RIGHTS CLEARANCE. NiceNIC.NET MAKES NO REPRESENTATION, WARRANTY O GUARANTEE AS TO THE ACCURACY, RELIABILITY, O ERRO-FREE PERFOMANCE OF THE AI SERVICES, INCLUDING (WITHOUT LIMITATION) WHETHER OUTPUTS MAY INFRINGE, MISAPPROPRIATE O VIOLATE ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR AI SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH O FACTUAL INFOMATION, O AS A SUBSTITUTE FO PROFESSIONAL ADVICE.
YOU SHOULD SEEK INDEPENDENT PROFESSIONAL ADVICE BEFOE YOU RELY ON ANY OUTPUT GENERATED BY THE AI SERVICES.
5. Limitation on Liability
IN NO EVENT SHALL NiceNIC.NET, ITS OFFICERS, DIRECTOS, EMPLOYEES, AGENTS, O ANY THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU O ANY OTHER PERSON O ENTITY FO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, O CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM ANY OUTPUTS CREATED USING THE AI SERVICES.
THE FOEGOING LIMITATION OF LIABILITY SHALL SURVIVE ANY TERMINATION O EXPIRATION OF THIS AGREEMENT O YOUR USE OF THIS SITE, THE AI SERVICES O ANY OTHER SERVICES FOUND AT THIS SITE.
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In the event that a Transfer Contacte listed in the Whois has not confirmed their request to transfer with the Registrador of Recod i the Registrador of Recod has not explicitly denied the transfer request, the default action will be that the Registrador of Recod must allow the transfer to proceed.
Upon denying a transfer request fo any of the following reasons, the Registrador of Recod must provide the Registrared Nom Holder i the potential Gaining Registrador with the reason fo denial. The Registrador of Recod may deny a transfer request only in the following specific instances:
YOU AGREE THAT WE WILL NOT BE LIABLE FO ANY (1) SUSPENSION O LSOS OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES O INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS O ACCESS INTERRUPTIONS TO OUR SITE O SERVICES O DELAYS O ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LSOS O LIABILITY RESULTING FROM ACTS OF O EVENTS BEYOND OUR CONTROL INCLUDING , BUT NOT LIMITED TO ANY ERROS O TECHNICAL ISSUES OF ANY DOMAIN NAME REGISTRY O OTHER THIRD PARTY PROVIDER, (6) DATA NON-DELIVERY, MIS-DELIVERY, CORUPTION, DESTRUCTION O OTHER MODIFICATION; (7) O LSOS O LIABILITY RESULTING FROM THE UNAUTHOIZED USE O MISUSE OF YOUR ACCOUNT IDENTIFIER O PASSWOD.
YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FO ANY INDIRECT, SPECIAL, INCIDENTAL, O CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LSOT PROFITS) O FO ANY FINANCIAL O ECONOMIC LSOS O FO LSOS OF PROFITS, LSOS OF BUSINESS, DEPLETION OF GOODWILL O SIMILAR LSOSES, LSOS OF ANTICIPATED SAVINGS O LSOS O CORUPTION OF DATA O INFOMATION, REGARDLESS OF THE FOM OF ACTION WHETHER IN CONTRACT, TOT (INCLUDING NEGLIGENCE), O OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE PSOSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FO THE USE OF THE SERVICES, BUT IN NO EVENT GREATER THAN THE AMOUNT FO THE PRIO 1 MONTH OF SERVICES PAID FO UNDER THIS AGREEMENT.
24. General
You may not assign any of el teu rights o privileges, o delegate any of el teu duties o obligations aquíunder, in whole o in part, by operation of law o otherwise, to any third party without our prio written consent. We may at any time assign, transfer, charge, sub-contract this Agreement. This Agreement shall be binding upon i inure to the benefit of the parties aquíto i their respective permitted successos i assigns.
NiceNIC.NET reserves the right, in its sole i absolute discretion, to change o modify this Agreement, i any policies o agreements which are incopoated aquíin, at any time i without notice. Any such changes o modification shall be effective immediately upon posting to the Site. Si 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 o continue to use the Services. You agree that el teu exclusive remedy is to transfer el teu Services to another registrar o request us to terminate el teu Services under this Agreement. NiceNIC.NET may occasionally notify you of changes o modifications to this Agreement o the Services by email so it is very impotant that you keep el teu account infomation current i up to date. NiceNIC.NET is not responsible i assumes no liability fo el teu failure to receive an email notification if such failure results from inaccurate o out-dated account infomation.
This Agreement constitutes the entire agreement between the parties concerning the subject matter aquíin i supersedes all prio understiings i agreements between the parties, whether written o oal, regarding the subject matter aquíin. Any of the provisions of this Agreement which are determined to be invalid o unenfoceable in any jurisdiction shall be ineffective to the extent of such invalidity o unenfoceability in such jurisdiction, without rendering invalid o unenfoceable the remaining provisions aquíof o affecting the validity o unenfoceability of any of the terms of this Agreement in any other jurisdiction. A waiver by either party of a breach o violation of any provision of this Agreement will not constitute o be construed as a waiver of any subsequent breach o violation of that provision o as a waiver of any breach o violation of any other provision of this Agreement. The headings contained in this Agreement are fo convenience only i shall not affect meaning o 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 accodance with the Account i/o WHOIS infomation you have provided.
26. Governing Law
This Agreement i its subject matter shall be governed in accodance with the laws of Hong Kong i subject to the exclusive jurisdiction of the Hong Kong courts without regard to conflict of laws i principles contained taquíin with the exception of disputes related to this Agreement which fall under UDRP, URS, o similar dispute resolution process as defined by various Registry policies incopoated o made reference to aquíin.
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1.3 The Registrant ackaraledges i agrees that the Registrador shall monito the status of Noms de domini registrared through the Registrador i shall, at its own initiative o on receipt of complaint, conduct checks to verify whether a Nom de domini is being used in connection with phishing o "spam" advertising. The Registrador shall delete o suspend a Nom de domini if so directed by HKIRC. HKIRC may issue such a direction on receipt of any notice from any government o law enfocement authoity (including without limitation the Hong Kong Police Foce o the Office of Telecommunications Authoity) that the use of the Nom de domini is in breach of any laws, directives, guidelines, codes of practice o regulations issued by such local authoities, o if, in HKIRC's reasonable belief, the continuation of registration of the Nom de domini o the operation of web site referenced by the Nom de domini is likely to damage o adversely affect the goodwill, reputation i operation of HKIRC o the domini name industry in Hong Kong, o may expose HKIRC to risks of third party claims o civil o criminal prosecution.
Fo moe infomation about .HK domini registration, please refer to the latest version of HKIRC Registre Policies https://www.hkirc.hk/upload/page/38/pdf_1/5e6b172e68b29.pdf
5.2 Any decision made by an arbitration panel duly appointed by a dispute resolution servei provider shall be final i binding on the Registrant i the Registrant shall abide by such decision.
5.3 NICENIC INTERNATIONAL GROUP CO., LTD is an official HKIRC (Hong-Kong) accredited registrar. HKIRC is a non-profit-making i non-statutoy copoation designated by the Hong-Kong Government to administer the registration of Internet domini names under .hk i .香港 country-code top level dominis. Fo any comments o complaints against NICENIC INTERNATIONAL GROUP CO., LTD regarding its accreditation’s compliance, please find aquí useful infomation: HKIRC Dispute Resolution Policies - https://www.hkirc.hk/en/our_suppot/domini_dispute_policies_i_procedures/domini_name_dispute_resolution_policies/; HKIRC DNDRP Rules of Procedure - https://www.hkirc.hk/en/our_suppot/domini_dispute_policies_i_procedures/rules_of_procedures/; o Correu electrònic address: info@hkirc.hk.
6 REGISTRANT WARRANTIES
The Registrant ackaraledges that the Registrador i HKIRC rely on all representations made i warranties given by the Registrant in determining if the application fo a Nom de domini should be approved.
Fo moe infomation about "Acceptable Use Policy", please refer to https://www.hkirc.hk/domini_policies/EN_Domini_Nom_Acceptable_Use_Policy.pdf.
Below is the letter of congratulation from Verisign:
"It is our pleasure to congratulate you on becoming an ICANN accredited registrar. Now that you have met the requirements of ICANN, our team is looking foward to assisting you in completing the Verisign certification process so you can quickly begin registraring .com i .net domini names. We hope this suppot will prove to be helpful in reducing the investment of el teu internal resources i time."
PIR:
"ICANN has infomed .ORG, managed by the Public Interest Registry (PIR) that you have recently completed el teu ICANN accreditation to become a registrar i wish to partner with us by becoming an .ORG accredited registrar."
Telnic:
"We received notification from ICANN that you have added the .tel appendix to el teu agreement with them. Taquí hasn't been a better time to become involved with .tel dominis i we are pleased to assist you in becoming accredited as a participating .tel registrar."
ICM:
"Congrats on el teu recent ICANN Acreditació..."
Neustar:
"We have been notified that el teu company is ara ICANN-accredited as a .BIZ registrar. Neustar looks foward to getting el teu company up i running as soon as possible!"
Més registries will be notified by ICANN fo the coresponding domini names signed in the RAA in the següent days, we NiceNIC have been staying fo the disposal of sign-up/accreditation process, striving to save time i expedite each step if possible. The concerned technical staffs have been arranged to re-set the product prices to a moe competitive level. Detalled infomation will come out when available.
Flying with the strong momentum, our English version website NiceNIC.NETwas launched with her unique style of "Keep Internet Simple Stupid" (acronym "KISS"), i dedicated to offer clients easy to navigate, fast to locate serveis in domini name registration, web hosting comprar, 1 to 1 customer suppot.
Stiing at the peak of internet infrastruture, we firstly need to appreciate every client, i every website viewer who ever stayed aquí, without el teu persistant suppot i comprehension, we are nothing, hope 2012 will bring you i el teu family lucky, happy, healthy life.
http://www.icann.org/registrar-repots/accreditation-qualified-list.html
http://www.icann.org/registrar-repots/accredited-list.html
http://www.internic.com/alpha.html
| ZhuHai NaiSiNiKe Infomation Technology Co Ltd. | 2009 | China | .asia .biz .com .info .mobi .name .net .org .tel .xxx |
Tots the best,
NiceNIC.NET Team
ZhuHai NaiSiNiKe Infomation Technology Co., Ltd.
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1. Definitions
1.1 Dispute Resolution Panel
The Dispute Resolution Panel shall mean an administrative panel appointed by a Dispute Resolution Provider ("Provider") to decide a Request fo Enfocement concerning a dispute under this Dispute Resolution Policy.
1.2 Dispute Resolution Provider
1.3 The Dispute Resolution Provider must be an independent i neutral third party that is neither associated no affiliated with either Registrador involved in the dispute o the Registry Operato under which the disputed domini name is registrared. ICANN shall have the authoity to accredit one o moe independent i neutral Dispute Resolution Providers accoding to criteria developed in accodance with this Dispute Resolution Policy.
1.4 FOA
Fom of Authoization - The stiardized fom of consent that the Gaining Registrador i Registrador of Recod are required to use to obtain authoization from the Registrant o Administrative Contacte in oder to properly process the transfer of domini name sponsoship from one Registrador to another.
1.5 Gaining Registrador
The Registrador that submitted to the Registry the request fo the transfer of a domini sponsoship from the Registrador of Recod.
1.6 Registrador of Recod
The Registrador of Recod fo a domini name fo which the Registry received a transfer of sponsoship request.
1.7 Registrant
The Registrant is the individual o oganization that registrars a specific domini name. This individual o oganization holds the right to use that specific domini name fo a specified period of time, provided certain conditions are met i the registration fees are paid. This person o oganization is the "legal entity" bound by the terms of the relevant servei agreement with the Registry operato fo the TLD in question.
1.8 Registry (Registry Operato)
The oganization authoized by ICANN to provide registration serveis fo a given TLD to ICANN-accredited Registradors.
1.9 Supplemental Rules
The Supplemental Rules shall mean those rules adopted by the Registry Operato, in the case of First Nivell disputes (as set foth below), o the Provider administering a proceeding (in the case of all other disputes) to supplement this Policy. Supplemental Rules shall be consistent with this Dispute Resolution Policy i shall cover topics such as fees, wod i page limits i guidelines, the means fo communicating with the Provider, i the fom of cover sheets.
1.10 Transfer Policy
The Policy on Transfer of Sponsoship of Registres between Registradors which is in foce as part of the Registry-Registrador Agreement executed between a Registrador i the Registry, as well as the Registrador Acreditació Agreement which is executed between ICANN i all ICANN- accredited registrars.
2. Dispute Resolution Process
Taquí are two possible steps to the Registrador Transfer Dispute Resolution Process. A Registrador may elect one o both of the steps pursuant to the rules below. In the event a Registrador either files a Request fo Enfocement (as described below) with a Second-Nivell Dispute Provider, o files an Appeal (as described below) with a Dispute Provider, it may not revert to the First-Nivell Registry option later fo the same filing o matter presented fo resolution.
2.1 First Nivell - Registry Operato
A Registrador may choose to file a dispute directly with the relevant Registry Operato. Any decisions made by the Registry Operato may be appealed to a Dispute Resolution Provider. A Registrador may file a dispute directly to a Dispute Resolution Provider; however, in that case the filing Registrador would fofeit any right to appeal the decision of the Dispute Resolution Provider.
2.2 Second-Nivell - Dispute Resolution Panel
The primary intent of this step is to provide a means fo registrars to appeal decisions made by the Registry at the first level of the dispute resolution process, but it may also be used as the first step if a registrar so elects. The decision of the Dispute Resolution Panel is final, except as it may be appealed to a court of competent jurisdiction.
2.3 Statute of Limitations
A dispute must be filed no later than six (6) months after the alleged violation of the Transfer Policy. In the case waquí a Registrador of Recod alleges that a transfer was in violation of this Policy, the date the transfer was completed shall be deemed the date in which the "alleged violation" took place. In the case waquí a Gaining Registrador alleges that a transfer should have taken place, the date in which the NACK (as defined below) was received by the Registry, shall be deemed the date in which the "alleged violation" took place.
3. Dispute Procedures at the First Nivell (Registry)
3.1 Registrador files a Request fo Enfocement with the applicable Registry Operato
3.1.1 Either the Gaining o Registrador of Recod ("Filing Registrador") may submit a Request fo Enfocement. This must be done in accodance with the Supplemental Rules adopted by the applicable Registry Operato.
3.1.2 The Request fo Enfocement shall be submitted to the Registry i to the Respondent (the Non-filing Registrador) in electronic fom i shall:
(i) Request that the Request fo Enfocement be submitted fo decision in accodance with the Registrador Transfer i Dispute Resolution Policy i the applicable Supplemental Rules;
(ii) Provide the name, postal i e-mail addresses, i the telephone i fax numbers of the Filing Registrador i those representatives authoized by the Filing Registrador to act on behalf of the Filing Registrador in the administrative proceeding;
(iii) Provide the name of the Respondent i all infomation (including any postal i e-mail addresses i telephone i fax numbers) karan to Filing Registrador regarding how to contact Respondent o any representative of Respondent, including contact infomation based on pre-complaint dealings;
(iv) Specify the domini name(s) that is/are the subject of the Request fo Enfocement;
(v) Specify the incident(s) that gave rise to the dispute;
(vi) Describe, in accodance with the Policy, the grounds on which the Request fo Enfocement is based;
(vii) State the specific remedy being sought (either approval o denial of the transfer);
(viii) Identify any other legal proceedings that have been commenced o terminated in connection with o relating to any of the domini name(s) that are the subject of the complaint;
(ix) Certify that a copy of the Request fo Enfocement, together with the cover sheet as prescribed by the Provider's Supplemental Rules, has been sent o transmitted to the Respondent; i
(x) Conclude with the following statement followed by the signature of the Complainant o its authoized representative:
"<insert name of Filing Registrador> agrees that its claims i remedies concerning the registration of the domini name, the dispute, o the dispute's resolution shall be solely against the Respondent i waives all such claims i remedies against the Registry Operato as well as its directos, officers, employees, i agents, except in the case of deliberate wrongdoing o gross negligence."
"<insert name of Filing Registrador> certifies that the infomation contained in this Request fo Enfocement is to the best of Filing Registrador's karaledge complete i accurate, that this Request fo Enfocement is not being presented fo any improper purpose, such as to harass, i that the assertions in this Request fo Enfocement are warranted under this Policy i under applicable law, as it ara exists o as it may be extended by a good-faith i reasonable argument."3.1.3 The Request fo Enfocement may relate to moe than one domini name, provided that the domini names involve the same Filing Registrador i Respondent i that the claims arise out of the same o similar factual circumstances.
3.1.4 The Request fo Enfocement shall annex the following documentary evidence (as applicable i available) in electronic fom if possible, together with a schedule indexing such evidence:
(i) Fo the Gaining Registrador:
a. Completed Fom of Authoization ("FOA")
b. Copy of the Whois output fo the date transfer was initiated, which was used to identify the authoized Transfer Contactes
c. Copy of evidence of identity used
d. Copy of a bilateral agreement, final determination of a dispute resolution body o court oder in cases when the Registrant of Recod is being changed simultaneously with a Registrador Transfer
e. Copies of all communications made to the Registrador of Recod with regard to the applicable transfer request along with any responses from the Registrador of Recod
(ii) Fo the Registrador of Recod:
a. Completed FOA from Registrador of Recod if applicable
b. Copy of the Whois output fo the date the transfer was initiated
c. Relevant histoy of Whois modifications made to the applicable registration
d. Evidence of one of the following if a transfer was denied:
e. Copies of all communications made to the Gaining Registrador with regard to the applicable transfer request along with any responses from the Gaining Registrador.
3.2 The Non-Filing Registrador ("Respondent") shall have seven (7) calendar days from receipt of the Request fo Enfocement to prepare a Response to the Request fo Enfocement ("Response").
3.2.1 The Response shall be submitted in electronic fom to both the Registry i Filing Registrador i shall:
(i) Respond specifically to the statements i allegations contained in the Request fo Enfocement (This potion of the response shall comply with any wod o page limit set foth in the Dispute Resolution Provider's Supplemental Rules.);
(ii) Provide the name, postal i e-mail addresses, i the telephone i fax numbers of the Respondent (non-filing Registrador);
(iii) Identify any other legal proceedings that have been commenced o terminated in connection with o relating to any of the domini name(s) that are the subject of the Request fo Enfocement;
(iv) State that a copy of the Response has been sent o transmitted to the Filing Registrador;
(v) Conclude with the following statement followed by the signature of the Respondent o its authoized representative:
"Respondent certifies that the infomation contained in this Response is to the best of Respondent's karaledge complete i accurate, that this Response is not being presented fo any improper purpose, such as to harass, i that the assertions in this Response are warranted under these Rules i under applicable law, as it ara exists o as it may be extended by a good-faith i reasonable argument."; i
(vi) Annex any documentary o other evidence upon which the Respondent relies, together with a schedule indexing such documents.
3.2.2 A the request of the Respondent, the Registry Operato may, in exceptional cases, extend the period of time fo the filing of the response, but in no case may the extension be moe than an additional five (5) calendar days. The period may also be extended by written stipulation between the Parties, provided the stipulation is approved by the Registry Operato.
3.2.3 Si a Respondent does not submit a response, in the absence of exceptional circumstances, the Registry Operato shall decide the dispute based upon the Request fo Enfocement.
3.3 Registry Operato must review all applicable documentation i compare registrant/contact data with that contained within the authoitative Whois database i reach a conclusion not later than 14 days after receipt of the Response.
3.3.1 Si the data included in the Request fo Enfocement does not match the data listed in the authoitative Whois, the Registry Operato must contact each Registrador i require additional documentation.
3.3.2 Si the Gaining Registrador cannot provide a complete FOA with data matching that contained within the authoitative Whois database, then the Registry Operato shall find that the transfer should be reversed. In the case of a thick Registry, if the Registrador of Recod's Whois is not accessible o invalid, the Registry Operato's Whois should be used. In the case of a thin Registry, if the Registrador of Recod's Whois is not accessible o is invalid, the Registry Operato must notify ICANN i place the dispute on hold until such time as the specific problem is resolved by ICANN.
3.3.3 In the case waquí a Registrador of Recod denies a request fo a domini name transfer ("NACKs"), the Registrador of Recod must provide evidence of one of the factos fo which it is allowed to NACK. Si the Registrador of Recod cannot provide evidence that demonstrates any of the factos, i the Gaining Registrador provides to the Registry a complete FOA with data matching that contained within the authoitative Whois database, then the transfer must be approved to be processed.
3.3.4 Si the data provided by neither Registrador appears to be conclusive, then the Registry shall issue a finding of "no decision." Si the data provided to the Registry is complete i provides sufficient basis fo a determination based on the Policy, the Registry may not issue a finding of "no decision." Either Registrador shall be able to appeal such issue to a Second-Nivell Dispute Resolution Provider in accodance with the provisions set foth below.
3.4 Fees fo First-Nivell Dispute Resolution Service
3.4.1 Taquí is no filing fee assessed to the Filing Registrador at the time the Request fo Enfocement is submitted to the Registry Operato.
3.4.2 The Registrador that does not anteriorail in the dispute will be assessed a fee to be set by the Registry Operato. Such fee shall be set foth in the Registry's Supplemental Rules that are in effect at the time that the Request fo Enfocement was filed.
3.4.3 This fee shall not be passed on to the Registrant.
3.4.4 This fee will be charged after a final decision is rendered by the Registry. In the case that the Registry issues a finding of "no decision," the Registry Operato shall collect the applicable fees from the Filing Registrador.
3.5 Availability of Court Proceedings
The procedures set foth above shall not anteriorent a Registrador from submitting a dispute to a court of competent jurisdiction fo independent resolution befoe such an administrative proceeding is commenced o after such proceeding is concluded. Si a Registry Operato decides a domini name registration should be transferred (either to the Gaining Registrador, o alternatively, back from the Gaining Registrador to the Registrador of Recod), the Registry will wait fourteen (14) calendar days after it is infomed of the decision befoe implementing that decision. The Registry will then implement the decision unless it has received during that fourteen (14) calendar day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that a lawsuit has commenced with respect to the impacted domini name(s). Si such documentation is received by the Registry Operato within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented to the Registry Operato that the parties have resolved such dispute; (ii) evidence is presented to the Registry Operato that the lawsuit has been dismissed o withdrawn; o (iii) the Registry Operato receives a copy of an oder from such court.
4. Dispute Procedures at the Second Nivell with a Dispute Resolution Provider
4.1 The serveis of the Dispute Resolution Panel may be invoked in any of the following two situations:
(i) A Filing Registrador may elect to skip the First-Nivell dispute process at Registry level i submit a Request fo Enfocement directly with a Dispute Resolution Provider;
(ii) The non-anteriorailing Registrador in a First-Nivell dispute proceeding may submit an appeal of the applicable Registry Operato's decision to the Dispute Resolution Provider. Afegiritionally, in the case waquí the result in the First-Nivell dispute process is a "no-decision," either Registrador may file an Appeal of such decision to a Dispute Resolution Provider.
4.2 Initial Request fo Enfocement
4.2.1 In the event that the Filing Registrador elects to submit a Request fo Enfocement to the Dispute Resolution Provider in lieu of submitting a Request fo Enfocement to the applicable Registry Operato, the obligations i responsibilities set foth in Sections 3.1 through 3.2 above shall apply.
4.2.2 The Dispute Resolution Panel appointed by the Dispute Resolution Provider must review all applicable documentation i compare registrant/contact data with that contained within the authoitative Whois database i reach a conclusion not later than thirty (30) days after receipt of Response from the Respondent.
(i) Si the data does not match the data listed in authoitative Whois, the Dispute Resolution Panel should contact each Registrador i require additional documentation.
(ii) Si the Gaining Registrador is unable to provide a complete FOA with data matching that contained within the authoitative Whois database at the time of the transfer request, then the Dispute Resolution Panel shall find that the transfer should be reversed. In the case of a thick Registry, if the Registrador of Recod's Whois is not accessible o invalid, the applicable Registry Operato's Whois should be used. In the case of a thin Registry, if the Registrador of Recod's Whois is not accessible o is invalid, the Dispute Resolution Provider may place the dispute on hold until such time as the problem is resolved.
(iii) In the case waquí a Registrador of Recod NACKs a transfer, the Registrador of Recod must provide evidence of one of the factos fo which it is allowed to NACK as set foth in Section 3.1.4 (ii) of this Dispute Resolution Policy. Si the Registrador of Recod cannot provide evidence that demonstrates any of the factos, i the Gaining Registrador provides to the Dispute Resolution Provider a complete FOA with data matching that contained within the authoitative Whois database at the time of the transfer request, then the transfer should be approved.
(iv) Unlike under the First-Nivell dispute process, the Dispute Resolution Panel may not issue a finding of "no decision." It must weigh the applicable evidence in light of the Transfer policies i determine, based on a preponderance of the evidence, which Registrador should anteriorail in the dispute i what resolution to the Request fo Enfocement will appropriately redress the issues set foth in the Request fo Enfocement.
(v) Resolution options fo the Dispute Resolution Panel are limited to the following:
a. Approve Transfer
b. Deny the Transfer (o odering the domini name be returned to the Registrador of Recod in cases waquí a Transfer has already occurred)
4.3 Appeal of First Nivell Dispute Decision o Registry Operato Finding of "No-Decision."
4.3.1 In the event that the Registrador which does not anteriorail in the First-Nivell dispute is dissatisfied by the Registry-Operato's decision, such Registrador may file an appeal with a Dispute Resolution Provider, provided that such appeal is filed no later than fourteen (14) calendar days after the date on which the First-Nivell decision was issued.
4.3.2 In the event that the Registry Operato issues a finding of "no-decision" in accodance with Section 3.3.4 above, either Registrador may file an appeal of such decision with a Dispute Resolution Provider, provided that such appeal is filed no later than fourteen (14) calendar days after the date on which the First-Nivell decision was issued.
4.3.3 In either case, the document submitted by the Registrador to the Dispute Resolution Provider shall be referred to as an "Appeal."
4.3.4 The Appellant shall submit the Appeal in electronic fom i shall:
(i) Request that the Appeal be submitted fo decision in accodance with the Policy i these Rules;
(ii) Provide the name, postal i e-mail addresses, i the telephone i telefax numbers of the Appellant i of any representative authoized by the Appellant to act on behalf of the Appellant in the administrative proceeding;
(iii) Provide the name of the Appellee i all infomation (including any postal i e-mail addresses i telephone i telefax numbers) karan to Appellee regarding how to contact Appellee o any representative of Appellee, including contact infomation based on pre-Request fo Enfocement i pre-Appeal dealings;
(iv) Specify the domini name(s) that is/are the subject of the Appeal;
(v) Specify the incident(s) which gave rise to the dispute;
(vi) State the basis fo such appeal, including specific responses to the findings of the Registry Operato in the First-Nivell Dispute process. (This potion of the response shall comply with any wod o page limit set foth in the Dispute Resolution Provider's Supplemental Rules);
(vii) Specify, in accodance with the Policy, the remedies sought;
(viii) Identify any other related legal proceedings karan to the Appellant that have been commenced o terminated in connection with o relating to any of the domini name(s) that are the subject of the complaint;
(ix) State that a copy of the Appeal, together with the cover sheet as prescribed by the Dispute Resolution Provider's Supplemental Rules, has been sent o transmitted to the Appellee; i
(x) Conclude with the following statement followed by the signature of the Appellant o its authoized representative:
"Appellant agrees that its claims i remedies concerning the registration of the domini name, the dispute, o the dispute's resolution shall be solely against the Appellee i waives all such claims i remedies against the Dispute Resolution Provider i the Registry Operato as well as their directos, officers, employees, i agents, except in the case of deliberate wrongdoing o gross negligence."
"Appellant certifies that the infomation contained in this Appeal is to the best of Appellant's karaledge complete i accurate, that this Appeal is not being presented fo any improper purpose, such as to harass, i that the assertions in this Appeal are warranted under this Policy i under applicable law, as it ara exists o as it may be extended by a good-faith i reasonable argument."
4.3.5 The Appeal may relate to moe than one domini name, provided that the domini names involve the same decision issued by the Registry Operato fo the First-Nivell Dispute.4.3.6 The Appeal shall annex any documentary evidence that was not already submitted to the Registry Operato during the First-Nivell Dispute.
4.3.7 A Dispute Resolution Provider must request all documentation relating to the First-Nivell Dispute from the applicable Registry Operato no later than seven (7) calendar days of receipt of the appeal. The Registry Operato shall submit such documentation to the Dispute Resolution Provider within seven (7) days of such request.
4.3.8 The Dispute Resolution Panel must review all applicable documentation i reach a conclusion not later than 30 calendar days after receipt of the Appeal.
(i) The Dispute Resolution Panel may submit questions to the Registry, the Appellant o Appellee.
(ii) Responses to all such questions must be received by the Dispute Resolution Panel within 7 days.
(iii) The Dispute Resolution Panel shall review each Appeal on a De Novo basis. Although the Dispute Resolution Panel is not bound by the findings of the Registry Operato in an Appeal, it shall have the discretion to consider such findings in reaching its own conclusions. The purpose of the Dispute Resolution Panel should be to make a determination as to whether the Appeal has merit based solely on the requirements of the current Transfer policy i determine the appropriate resolution to the issues presented.
4.4 Fees fo Second-Nivell Dispute Resolution Service
4.4.1 In the case of either a Request fo Enfocement o an Appeal filed at the Second Nivell, the applicable Dispute Resolution Provider shall determine the applicable filing fee ("Filing Fee"). The specific fees along with the terms i conditions governing the actual payment of such fees shall be included in the Dispute Resolution Provider's Supplemental Rules.
4.4.2 In the event that the Filing Registrador o Appellant, whichever applicable, does not anteriorail in a Second-Nivell dispute, the Filing Fees shall be retained by the Dispute Resolution Provider.
4.4.3 In the event that the Filing Registrador o Appellant, whichever applicable, anteriorails in a Second-Nivell dispute, the Respondent o Appellee, whichever applicable, must submit to the Dispute Resolution Provider, the Filing Fees within fourteen (14) calendar days after such decision. In such an event, the Dispute Resolution Provider shall refund to the Filing Registrador o Appellant, whichever applicable, the Filing Fees, no later than fourteen (14) calendar days after it receives the Filing Fees from the Respondent o Appellee. Such fees must be paid regardless of whether a Court Proceeding is commenced in accodance with Section 4.5 below. Failure to pay Filing Fees to the Dispute Resolution Provider may result in the loss of accreditation by ICANN.
4.5 Availability of Court Proceedings
The procedures set foth above shall not anteriorent a Registrador from submitting a dispute to a court of competent jurisdiction fo independent resolution befoe such administrative proceeding is commenced o after such proceeding is concluded. Si a Dispute Resolution Panel decides a domini name registration should be transferred (either to the Gaining Registrador, o alternatively, back from the Gaining Registrador to the Registrador of Recod), such Registrador will wait fourteen (14) calendar days after it is infomed of the decision befoe implementing that decision. The Registry will then implement the decision unless it has received from either of the parties to the dispute during that fourteen (14) calendar day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that a lawsuit has commenced with respect to the impacted domini name(s). Si such documentation is received by the Registry, as applicable, within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented that the parties have resolved such dispute; (ii) evidence is presented that the lawsuit has been dismissed o withdrawn; o (iii) a copy of an oder from such court dismissing the lawsuit o odering certain actions with respect to the domini name.
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1. Registrador Requirements
Registrared Nom Holders must be able to transfer their domini name registrations between Registradors provided that the Gaining Registrador's transfer process meets the minimum stiards of this policy i that such transfer is not prohibited by ICANN o Registry policies. Inter-Registrador domini name transfer processes must be clear i concise in oder to avoid confusion. Further, Registradors should make reasonable effots to infom Registrared Nom Holders of, i provide access to, the published documentation of the specific transfer process employed by the Registradors.
1.1 Transfer Authoities
The Administrative Contacte i the Registrared Nom Holder, as listed in the Losing Registrador's o applicable Registry's (waquí available) publicly accessible WHOIS servei are the only parties that have the authoity to approve o deny a transfer request to the Gaining Registrador. In the event of a dispute, the Registrared Nom Holder's authoity supersedes that of the Administrative Contacte.
Registradors may use Whois data from either the Registrador of Recod o the relevant Registry fo the purpose of verifying the authenticity of a transfer request; o from another data source as determined by a consensus policy.
2. Gaining Registrador Requirements
Fo each instance waquí a Registrared Nom Holder requests to transfer a domini name registration to a different Registrador, the Gaining Registrador shall:
2.1 Obtain express authoization from either the Registrared Nom Holder o the Administrative Contacte (aquíafter, "Transfer Contacte"). Hence, a transfer may only proceed if confirmation of the transfer is received by the Gaining Registrador from the Transfer Contacte.
2.1.1 The authoization must be made via a valid Stiardized Fom of Authoization (FOA). Taquí are two different FOA's available at the ICANN website. The FOA labeled "Initial Authoization fo Registrador Transfer" must be used by the Gaining Registrador to request an authoization fo a registrar transfer from the Transfer Contacte. The FOA labeled "Confirmaation of Registrador Transfer Request" may be used by the Registrador of Recod to request confirmation of the transfer from the Transfer Contacte.
The FOA shall be communicated in English, i any dispute arising out of a transfer request shall be conducted in the English language. Registradors may choose to communicate with the Transfer Contacte in additional languages. However, Registradors choosing to exercise such option are responsible fo the accuracy i completeness of the translation into such additional non-English version of the FOA.
2.1.2 In the event that the Gaining Registrador relies on a physical process to obtain this authoization, a paper copy of the FOA will suffice insofar as it has been signed by the Transfer Contacte i further that it is accompanied by a physical copy of the Registrador of Recod's Whois output fo the domini name in question.
2.1.2.1 Si the Gaining Registrador relies on a physical authoization process, then the Gaining Registrador assumes the burden of obtaining reliable evidence of the identity of the Transfer Contacte i maintaining appropriate recods proving that such evidence was obtained. Further the Gaining Registrador also assumes the burden fo ensuring that the entity making the request is indeed authoized to do so. The acceptable foms of physical identity are:
2.1.3 In the event that the Gaining Registrador relies on an electronic process to obtain this authoization the acceptable foms of identity would include:
The Registrador of Recod may not deny a transfer request solely because it believes that the Gaining Registrador has not received the confirmation set foth above.
A transfer must not be allowed to proceed if no confirmation is received by the Gaining Registrador. The presumption in all cases will be that the Gaining Registrador has received i authenticated the transfer request made by a Transfer Contacte.
2.2 Request, by the transmission of a "transfer" commi as specified in the Registrador Perol Kit, that the Registry Operato database be changed to reflect the new Registrador.
2.2.1 Transmission of a "transfer" commi constitutes a representation on the part of the Gaining Registrador that the requisite authoization has been obtained from the Transfer Contacte listed in the authoitative Whois database.
2.2.2 The Gaining Registrador is responsible fo validating the Registrared Nom Holder requests to transfer domini names between Registradors. However, this does not preclude the Registrador of Recod from exercising its option to independently confirm the Registrared Nom Holder's intent to transfer its domini name to the Gaining Registrador in accodance with Section 3 of this policy.
3. Obligations of the Registrador of Recod
A Registrador of Recod can choose independently to confirm the intent of the Registrared Nom Holder when a notice of a pending transfer is received from the Registry. The Registrador of Recod must do so in a manner consistent with the stiards set foth in this agreement pertaining to Gaining Registradors. In oder to ensure that the fom of the request employed by the Registrador of Recod is substantially administrative i infomative in nature i clearly provided to the Transfer Contacte fo the purpose of verifying the intent of the Transfer Contacte, the Registrador of Recod must use the FOA.
The FOA shall be communicated in English, i any dispute arising out of a transfer request, shall be conducted in the English language. Registradors may choose to communicate with the Transfer Contacte in additional languages. However, the Registrador choosing to exercise such option is responsible fo the accuracy i completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes i procedures set foth in this policy. This includes but is not limited to the requirement that no Registrador shall add any additional infomation to the FOA used to obtain the consent of the Transfer Contacte in the case of a transfer request.
This requirement does not preclude the Registrador of Recod from marketing to its existing customers through separate communications.
The FOA should be sent by the Registrador of Recod to the Transfer Contacte as soon as operationally possible, but must be sent not later than twenty-four (24) hours after receiving the transfer request from the Registry Operato.Failure by the Registrador of Recod to respond within five (5) calendar days to a notification from the Registry regarding a transfer request will result in a default "approval" of the transfer.
In the event that a Transfer Contacte listed in the Whois has not confirmed their request to transfer with the Registrador of Recod i the Registrador of Recod has not explicitly denied the transfer request, the default action will be that the Registrador of Recod must allow the transfer to proceed.
Upon denying a transfer request fo any of the following reasons, the Registrador of Recod must provide the Registrared Nom Holder i the potential Gaining Registrador with the reason fo denial. The Registrador of Recod may deny a transfer request only in the following specific instances:
Instances when the requested change of Registrador may not be denied include, but are not limited to:
The Registrador of Recod has other mechanisms available to collect payment from the Registrared Nom Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the Registrador of Recod must not employ transfer processes as a mechanism to secure payment fo serveis from a Registrared Nom Holder. Exceptions to this requirement are as follows:
(i) In the case of non-payment fo anteriorious registration period(s) if the transfer is requested after the expiration date, o
(ii) In the case of non-payment of the current registration period, if transfer is requested befoe the expiration date.
4. Registrador Coodination
Each Registrador is responsible fo keeping copies of documentation, including the FOA i the Transfer Contactes response taquíto, that may be required fo filing i suppoting a dispute under the dispute resolution policy. Gaining Registradors must maintain copies of the FOA as received from the Transfer Contacte as per the stiard document retention policies of the contracts. Copies of the reliable evidence of identity must be kept with the FOA.
Both the Gaining Registrador i the Registrador of Recod must provide the evidence relied on fo the transfer during i after the applicable inter-registrar domini name transaction(s). Such infomation must be provided when requested by, i only by, the other Registrador that is party to the transfer transaction. Afegiritionally, ICANN, the Registry Operato, a court o authoity with jurisdiction over the matter o a third party dispute resolution panel may also require such infomation within five (5) days of the request.
The Gaining Registrador must retain, i produce pursuant to a request by a Losing Registrador, a written o electronic copy of the FOA. In instances waquí the Registrador of Recod has requested copies of the FOA, the Gaining Registrador must fulfill the Registrador of Recods request (including providing the attendant suppoting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds fo reversal by the Registry Operato o the Dispute Resolution Panel in the event that a transfer complaint is filed in accodance with the requirements of this policy.
Si either a Registrador of Recod o a Gaining Registrador does not believe that a transfer request was hiled in accodance with the provisions of this policy, then the Registrador may initiate a dispute resolution procedure as set foth in Section C of this policy.
Fo purposes of facilitating transfer requests, Registradors should provide i maintain a unique i private email address fo use only by other Registradors i the Registry:
i. This email address is fo issue related to transfer requests i the procedures set foth in this policy only.
ii. The email address should be managed to ensure messages are received by someone who can respond to the transfer issue.
iii. Messages received at such email address must be responded to within a commercial reasonable timeframe not to exceed seven (7) calendar days.
5. EPP - based Registry Requirements fo Registradors
In EPP-based gTLD Registries, Registradors must follow the requirements set foth below.
Registradors must provide the Registrared Nom Holder with the unique "AuthInfo" code within five (5) calendar days of the Registrared Nom Holder's initial request if the Registrador does not provide facilities fo the Registrared Nom Holder to generate i manage their own unique "AuthInfo" code.
Registradors may not employ any mechanism fo complying with a Registrared Nom Holder's request to obtain the applicable "AuthInfo Code" that is moe restrictive than the mechanisms used fo changing any aspect of the Registrared Nom Holder's contact o name server infomation.
The Registrador of Recod must not refuse to release an "AuthInfo Code" to the Registrared Nom Holder solely because taquí is a dispute between the Registrared Nom Holder i the Registrador over payment.
Registrador-generated "AuthInfo" codes must be unique on a per-domini basis.
The "Auth-Info" codes must be used solely to identify a Registrared Nom Holder, waquías the FOA's still need to be used fo authoization o confirmation of a transfer request, as described in Section 2 i Section 4 of this policy.
6. Registry Requirements
Upon receipt of the "transfer" commi from the Gaining Registrador, Registry Operato will transmit an electronic notification to both Registradors. In the case of those Registries that use electronic mail notifications, the response notification may be sent to the unique email address established by each Registrador fo the purpose of facilitating transfers.
The Registry Operato shall complete the requested transfer unless, within five (5) calendar days, Registry Operato receives a NACK protocol commi from the Registrador of Recod.
When the Registry's database has been updated to reflect the change to the Gaining Registrador, Registry Operato will transmit an electronic notification to both Registradors. The notification may be sent to the unique email address established by each Registrador fo the purpose of facilitating transfers o such other email address agreed to by the parties.
The Registry Operato shall undo a transfer if, after a transfer has occurred, the Registry Operato receives one of the notices as set foth below. In such case, the transfer will be reversed i the domini name reset to its oiginal state. The Registry Operato must undo the transfer within five (5) calendar days of receipt of the notice except in the case of a Registry dispute decision, in which case the Registry Operato must undo the transfer within fourteen calendar days unless a court action is filed. The notice required shall be one of the following:
i. Agreement of the Registrador of Recod i the Gaining Registrador sent by email, letter o fax that the transfer was made by mistake o was otherwise not in accodance with the procedures set foth in this policy;
ii. The final determination of a dispute resolution body having jurisdiction over the transfer; o
iii. Order of a court having jurisdiction over the transfer.
7. Recods of Registre
Each Registrador shall require its customer, the Registrared Nom Holder, to maintain its own recods appropriate to document i prove the initial domini name registration date.
8. Effect on Període of Registre
The completion by Registry Operato of a holder-authoized transfer under this Part A shall result in a one-any extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) anys.
B. ICANN-Approved Transfers
Transfer of the sponsoship of all the registrations sponsoed by one Registrador as the result of (i) acquisition of that Registrador o its assets by another Registrador, o (ii) lack of accreditation of that Registrador o lack of its authoization with the Registry Operato, may be made accoding to the following procedure:
(a) The gaining Registrador must be accredited by ICANN fo the Registry TLD i must have in effect a Registry-Registrador Agreement with Registry Operato fo the Registry TLD.
(b) ICANN must certify in writing to Registry Operato that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual o imminent business failure of a Registrador.
Upon satisfaction of these two conditions, Registry Operato will make the necessary one-time changes in the Registry database fo no charge, fo transfers involving 50,000 name registrations o fewer. Si the transfer involves registrations of moe than 50,000 names, Registry Operato will charge the gaining Registrador a one-time flat fee of US$ 50,000.
C. Transfer Dispute Resolution Policy
Procedures fo hiling disputes concerning inter-registrar transfers are set foth in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operatos i ICANN accredited Registradors.
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