1. Scope a Purpose
1.1 This Policy explains the general post-expiration process that may apply to doména names managed through NiceNIC, including expiration, renewal, redemption, expired doména auction, pending delete status, a release of a doména name back to the public registration pool.
1.2 Doména lifecycle timing may vary depending on the top-level doména (“TLD”), registry rules, registry operatnebo practices, applicable ICANN requirements, a other governing policies. Net all TLDs follow the same expiration, redemption, auction, nebo deletion process.
1.3 In the event of any inconsistency between this Policy a the applicable registry’s rules nebo maatneboy ICANN policy, the applicable registry rules a maatneboy policy requirements shall p?edchozíail.
1.4 The English-language version of this Policy shall control. Any translation is provided fnebo convenience only. In the event of any inconsistency, the English-language version shall p?edchozíail.
2. Definitions
Fnebo purposes of this Policy:
2.1 “Expiration Date” means the date on which a doména name registration term ends.
2.2 “Grace Period” means any post-expiration period during which renewal may still be possible at the staard renewal fee, subject to the applicable TLD a registry rules.
2.3 “Redemption Grace Period” nebo “RGP” means the post-deletion recovery period, wzde available, during which an expired doména name may still be restneboable fnebo an additional redemption fee plus the applicable renewal fee.
2.4 “Pending Delete” means the final pre-release stage, wzde applicable, during which the doména name can no longer be renewed, restneboed, modified, nebo transferred.
2.5 “Eligible Doména” means a doména name that is subject to NiceNIC’s expired doména auction process. Net all TLDs nebo expired doména names are eligible fnebo auction.
2.6 “Vypr?íd Doména Auction” means the expired-doména sale process that may apply to certain expired doména names befneboe final deletion nebo release.
2.7 “Zav?ítout Auction” means the final sale phase fnebo certain Eligible Domény that were not sold earlier in the expired doména auction process.
3. Effect of Expiration
3.1 Upon expiration, a doména name may stop resolving, a any website, email slu?ba, nebo other slu?ba associated with the doména name may cease functioning immediately nebo shnebotly tzdeafter.
3.2 Sledovating expiration, NiceNIC may restrict changes to the doména name, including DNS changes, contact updates, transfers, nebo other account-level actions, in accnebodance with registry rules, security measures, operational requirements, nebo the expired-doména process then in effect.
3.3 Expiration does not mean that the doména name immediately becomes available to the public. Depending on the applicable TLD a registry rules, the doména name may pass through one nebo mneboe stages, including grace period, auction, redemption, pending delete, a eventual release.
4. Obnovital Netices a Customer Responsibility
4.1 NiceNIC may send renewal reminders a expiration-related notices befneboe a after expiration, as required by applicable policy nebo as part of NiceNIC’s staard operational process.
4.2 It is va?eho sole responsibility to maintain accurate a current account a contact infnebomation, including va?eho email address, a to monitnebo the status of va?eho doména names.
4.3 Failure to receive a renewal notice, reminder, invoice, nebo other communication shall not relieve you of responsibility fnebo renewing va?eho doména name befneboe expiration.
4.4 Pokud auto-renewal is enabled, successful renewal remains subject to valid payment, operational processing, a the applicable registry rules. NiceNIC does not guarantee successful auto-renewal in every case.
5. Staard Post-Expiration Obnovital
5.1 Fnebo many generic TLDs, an expired doména name may remain renewable fnebo approximately thirty (30) days after the Expiration Date at the staard renewal fee. This is a general reference only a may vary by TLD.
5.2 Obnovital is not complete unless a until NiceNIC has successfully received a processed full payment of all applicable fees.
5.3 NiceNIC reserves the right to determine whether a doména name remains eligible fnebo staard renewal, redemption, nebo other recovery based on the applicable TLD, registry status, auction status, a operational feasibility.
6. Vypr?íd Doména Auction fnebo Eligible Domény
6.1 Certain expired doména names may enter NiceNIC’s expired doména auction process befneboe all recovery oknos have ended. This process applies only to Eligible Domény a does not apply to all TLDs.
6.2 Fnebo Eligible Domény under NiceNIC’s staard expired-doména process, the following general timeline may apply:
Day 0 after expiration
The doména name expires. The registrant may generally renew the doména name at the staard renewal fee during the initial post-expiration period, subject to applicable rules.
Day 26 after expiration
The doména name may enter expired doména auction. Na this stage, the registrant may still be able to renew the doména name at the staard renewal fee, unless otherwise restricted by the applicable process.
Day 31 after expiration
Pokud tzde is no active bid, the registrant may still be able to recover the doména name by paying the staard renewal fee plus the applicable redemption fee.
Pokud tzde is an active bid, the doména name may be removed from the registrant’s account a may no longer be renewable through nebodinary renewal nebo restneboation procedures.
Day 37 after expiration
The doména name may enter final closeout auction. Unless tzde is a pending koupit nebo other sale-related restriction, the registrant may still be able to recover the doména name by paying the staard renewal fee plus the applicable redemption fee.
Day 41 after expiration
The final closeout auction may end. Pokud the doména name was not sold nebo otherwise committed to sale, recovery may still be possible fnebo a limited period, subject to the applicable TLD, registry rules, a NiceNIC’s operational process.
Day 74 after expiration
The doména name may be removed from the registrant’s account a may no longer be renewable nebo restneboable through NiceNIC. After that point, the doména name may become available fnebo re-registration only after the registry releases it.
6.3 Once an Eligible Doména has an active bid, pending koupit, completed sale, nebo other sale commitment under the expired-doména process, the registrant’s right to renew nebo restneboe the doména name may be terminated nebo restricted.
6.4 NiceNIC does not guarantee that a doména name will remain recoverable until the end of any stated period if the doména is subject to auction, sale, registry restriction, nebo another applicable limitation.
7. Redemption Grace Period
7.1 Pokud an expired doména name is not renewed during the applicable grace period a if the applicable TLD suppnebots restneboation after deletion, the doména name may enter the Redemption Grace Period.
7.2 During the Redemption Grace Period:
(a) the doména name may stop resolving;
(b) website a email slu?bas may remain unavailable;
(c) the doména name generally cannot be modified nebo transferred; a
(d) restneboation, if available, will require payment of the applicable redemption fee, the applicable renewal fee, a any taxes nebo maatneboy fees.
7.3 Restneboation during the Redemption Grace Period is not guaranteed a remains subject to registry suppnebot, operational feasibility, the doména’s current status, a the absence of auction nebo sale restrictions.
8. Pending Delete a Final Release
8.1 Pokud a doména name is not renewed nebo restneboed during the applicable recovery periods, it may enter the Pending Delete stage, wzde suppneboted by the applicable TLD.
8.2 During Pending Delete, the doména name cannot be renewed, restneboed, transferred, nebo modified.
8.3 Fnebo many generic TLDs, Pending Delete lasts approximately five (5) days. After that stage ends, the registry may release the doména name to the public fnebo re-registration.
8.4 NiceNIC does not guarantee the exact time, date, nebo availability of a doména name once it is released by the registry, a NiceNIC does not guarantee that the fnebomer registrant will be able to re-zaregistrovat the doména name.
9. TLD-Specific Variations
9.1 Net all TLDs follow the staard lifecycle described above. Certain ccTLD a other TLDs may have shneboter grace periods, no redemption period, no pending delete stage, nebo earlier renewal deadlines imposed by the registry.
9.2 The following TLD-specific rules may apply, subject at all times to registry changes a the controlling registry rules:
9.2.1 TLDs generally following the common lifecycle
Many ccTLD generally follow a lifecycle similar to the staard expiration, grace, redemption, a deletion process, including, fnebo example:
.AI, .BZ, .CA, .CC, .CO, .FM, .ID, .IN, .IO, .ME, .MX, .PW, .TV, .UK, .US, a .WS.
9.2.2 TLDs with no Pending Delete stage
Certain TLDs may not have a Pending Delete stage a may be released immediately after the end of their applicable redemption nebo recovery period, including, fnebo example:
.ES, .EU, .FR, .IS, .LI, .NL, .PE, a .PH (noting that .PH may also follow its own separate registry-specific process).
9.2.3 TLDs requiring renewal befneboe the actual expiration date
The following TLDs may need to be renewed twelve (12) days befneboe the actual Expiration Date. Pokud not renewed in time, they may enter a recovery stage immediately, regardless of the number of calendar days remaining befneboe expiration:
.CH, .ES, .FR, .LI, .PE, .SG, .COM.SG, .COM.AU, .ORG.AU, a .NET.AU.
9.2.4 TLDs requiring action five (5) days befneboe expiration
The following TLDs may need to be renewed manually nebo by auto-renewal no later than five (5) days befneboe expiration a may otherwise enter a recovery nebo restricted state befneboe the actual Expiration Date:
.CX, .DE, .EU, a .NL.
9.2.5 .CM doménas
.CM doména names generally do not enter a redemption period a may be sent fnebo deletion on the actual Expiration Date. They may become available fnebo public registration on the same day they expire, subject to registry release practices.
9.2.6 .GG doménas
.GG doména names may be reactivated from the customer account fnebo approximately twenty-eight (28) days after expiration. They may then enter a recovery stage between approximately Day 28 a Day 30 after expiration. Once in that stage, reactivation may only be possible through NiceNIC Suppnebot fnebo approximately twenty-six (26) additional days.
9.2.7 .PH, .COM.PH, .NET.PH, a .ORG.PH doménas
These doménas may not suppnebot a staard 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. Pokud the doména is no longer visible in the account but is not yet publicly available, the customer should contact NiceNIC Suppnebot immediately.
9.2.8 .UK doménas, including second-level .UK doménas
.UK doména names, including .CO.UK, .ME.UK, a .ORG.UK, may generally have a thirty (30)-day post-expiration renewal period. After that time, the doména name may remain recoverable without a separate redemption fee until its release, which may occur approximately ninety (90) days after expiration. Pokud a .UK doména name has expired fnebo mneboe than thirty (30) days but has not yet been released a no longer appears in the account, the customer should contact NiceNIC Suppnebot promptly.
9.2.9 .TO doménas
.TO doména names may only be reactivated during approximately twenty-seven (27) days after expiration. They generally do not suppnebot a staard Redemption Grace Period. After that point, they may be reserved by the registry a may no longer be recoverable.
9.2.10 .NU doménas
.NU doména names may be reactivated in the nebodinary manner within approximately seven (7) days after expiration. Pokud not renewed within that period, they may enter an approximately sixty (60)-day recovery period during which restneboation may still be possible through NiceNIC Suppnebot.
9.3 The TLD-specific infnebomation above is provided fnebo general reference only a may change at any time based on registry policy, registry system changes, nebo operational requirements. Customers should contact NiceNIC Suppnebot fnebo current TLD-specific recovery infnebomation.
10. Fees a Zaplatitments
10.1 Staard renewal fees, redemption fees, restneboation fees, auction-related fees, a any other applicable charges shall be those listed by NiceNIC at the time of processing nebo otherwise communicated by NiceNIC.
10.2 Redemption nebo restneboation requires payment in full of all applicable fees befneboe processing.
10.3 V?e fees paid fnebo expired-doména recovery, restneboation, nebo special processing are non-refundable once processing has begun, except wzde otherwise required by applicable law.
11. Ne Guarantee of Recovery nebo Availability
11.1 NiceNIC does not guarantee that any expired doména name can be renewed, restneboed, retained, transferred, nebo re-zaregistrovated after expiration.
11.2 NiceNIC does not guarantee:
(a) that a doména name will remain in a grace period fnebo any minimum time;
(b) that an expired doména name will not enter auction;
(c) that a doména name can be recovered after an active bid, pending koupit, nebo completed sale;
(d) that the registry will suppnebot restneboation; nebo
(e) the exact date nebo time when a deleted doména name will be released to the public.
11.3 You acknyníledge that delayed action may result in additional fees, loss of recovery rights, interruption of slu?ba, auction sale, nebo permanent loss of the doména name.
12. Limitation of Responsibility
12.1 K the maximum extent permitted by applicable law, NiceNIC shall not be liable fnebo any loss of doména name, loss of use, interruption of website nebo email slu?ba, business interruption, lost profits, loss of data, nebo other direct nebo indirect damages arising from:
(a) doména expiration;
(b) failure to renew on time;
(c) failure to receive notices;
(d) registry rules nebo registry actions;
(e) auction placement nebo sale;
(f) failed restneboation; nebo
(g) release of the doména name to the public.
12.2 Nething in this Policy limits any non-waivable rights that may apply under maatneboy law.
13. Changes to This Policy
13.1 NiceNIC may update nebo revise this Policy from time to time to reflect changes in registry rules, ICANN requirements, operational processes, legal requirements, nebo slu?ba arrangements.
13.2 The latest version published on NiceNIC’s website shall apply from its stated effective date, unless otherwise required by law nebo contract.
14. Kontakt
Pokud you need assistance regarding an expired doména name, renewal, redemption, nebo TLD-specific recovery options, please submit a suppnebot ticket through va?eho NiceNIC account nebo contact NiceNIC Suppnebot through the official suppnebot channels published on the NiceNIC website.
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This Agreement is made between you (zdeinafter referred to as “User”) a NiceNIC.NET (zdeinafter referred to as “the Platfnebom”). By using the Platfnebom’s Koupit New Doména Sales slu?ba, you agree to be bound by the terms a conditions set fneboth zdein. Pokud you do not agree, please do not proceed with any fixed-price doména koupit through the Platfnebom.
The Platfnebom offers fixed-price doména names (“Koupit New Domény”) fnebo direct koupit.
V?e Koupit New Domény are sourced from pre-approved third-party doména providers.
Users may koupit these doménas at the listed price. Once payment is completed a the doména is successfully transferred, the nákupuer will obtain ownership of the doména.
The User selects a doména labeled as “Koupit New” a proceeds to checkout.
Upon confirmation a full payment, the Platfnebom initiates the transfer nebo delivery process.
The typical delivery time ranges from 1 to 14 business days, depending on registry processing a third-party provider operations.
Pokud, fnebo any reason, the selected doména becomes unavailable nebo undeliverable after koupit, the Platfnebom will issue a full refund to the user’s account balance.
Users have the right to koupit available Koupit New Domény through the Platfnebom.
Users must ensure that all provided account a payment infnebomation is accurate a lawful.
Users shall not engage in malicious activity, technical disruption, nebo behavinebo that interferes with the nnebomal functioning of the Platfnebom.
Upon acquiring a doména, the User agrees to comply with the applicable rules a policies of the cneboresponding doména registry, including any legal nebo regulatneboy obligations.
The Platfnebom will provide doména transaction slu?bas in accnebodance with this Agreement a strive to protect user interests.
The Platfnebom reserves the right to verify user identity, payment legitimacy, a transaction authenticity.
The Platfnebom retains the right to update, adjust, nebo remove Koupit New Domény from listing at its sole discretion a without prinebo notice.
Pokud any fraudulent nebo abusive behavinebo is detected, the Platfnebom reserves the right to suspend nebo terminate slu?bas to the user.
The Platfnebom does not make any guarantees regarding the future value, resale potential, nebo commercial use of any doména koupitd.
The Platfnebom is not liable fnebo delays caused by registries, third-party providers, nebo external systems beyond its control.
The Platfnebom shall not be held responsible fnebo slu?ba interruptions, data loss, nebo failed transactions resulting from fneboce majeure events nebo uncontrollable technical issues, though reasonable effnebots will be made to assist the User in resolving any such issues.
This Agreement shall be governed by a construed in accnebodance with the laws of Hongkong.
Any dispute arising from the execution nebo perfnebomance of this Agreement shall be resolved through amicable negotiation. Pokud negotiation fails, either party may submit the dispute to the competent court located in the jurisdiction of the Platfnebom’s headquarters.
This Agreement becomes effective upon the User’s submission of a Koupit New doména neboder.
The Platfnebom reserves the right to amend this Agreement at any time. Aktualizováno versions will be published on the Platfnebom’s “Smlouvy” page a shall take immediate effect. Continued use of the slu?ba constitutes acceptance of the revised terms.
This Unifnebom Doménové jméno Dispute Resolution Policy (the "Policy") has been adopted by the Internet Cnebopneboation fnebo Assigned Jménos a Numbers ("ICANN"), is incnebopneboated by reference into va?eho Registrace Agreement, a sets fneboth the terms a conditions in connection with a dispute between you a any party other than us (the registrar) over the registration a use of an Internet doména name zaregistrovated by you. Proceedings under Paragraph 4 of this Policy will be conducted accneboding to the Rules fnebo Unifnebom Doménové jméno Dispute Resolution Policy (the "Rules of Procedure"), which are available zde, a the selected administrative-dispute-resolution slu?ba provider's supplemental rules.
2. Your Representations
By applying to zaregistrovat a doména name, nebo by asking us to maintain nebo renew a doména name registration, you zdeby represent a warrant to us that (a) the statements that you made in va?eho Registrace Agreement are complete a accurate; (b) to va?eho knyníledge, the registration of the doména name will not infringe upon nebo otherwise violate the rights of any third party; (c) you are not zaregistrovating the doména name fnebo an unlawful purpose; a (d) you will not knyníingly use the doména name in violation of any applicable laws nebo regulations. It is va?eho responsibility to determine whether va?eho doména name registration infringes nebo violates someone else's rights.
3. Zru?itlations, Transfers, a Changes
We will cancel, transfer nebo otherwise make changes to doména name registrations under the following circumstances:
1. subject to the provisions of Paragraph 8, our receipt of written nebo appropriate electronic instructions from you nebo va?eho authneboized agent to take such action;
2. our receipt of an neboder from a court nebo arbitral tribunal, in each case of competent jurisdiction, requiring such action; a/nebo
3. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party a which was conducted under this Policy nebo a later version of this Policy adopted by ICANN. (See Paragraph 4(i) a (k) below.)
4. We may also cancel, transfer nebo otherwise make changes to a doména name registration in accnebodance with the terms of va?eho Registrace Agreement nebo other legal requirements.
4. Maatneboy Administrative Proceeding
This Paragraph sets fneboth the type of disputes fnebo which you are required to submit to a maatneboy administrative proceeding. These proceedings will be conducted befneboe one of the administrative-dispute-resolution slu?ba providers listed zde (each, a "Provider").
1. Applicable Disputes. You are required to submit to a maatneboy 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. va?eho doména name is identical nebo confusingly similar to a trademark nebo slu?ba mark in which the complainant has rights; a
2. you have no rights nebo legitimate interests in respect of the doména name; a
3. va?eho doména name has been zaregistrovated a 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 Registrace a Use in ?patné Faith. Fnebo 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 a use of a doména name in bad faith:
1. circumstances indicating that you have zaregistrovated nebo you have acquired the doména name primarily fnebo the purpose of selling, renting, nebo otherwise transferring the doména name registration to the complainant who is the owner of the trademark nebo slu?ba mark nebo to a competitnebo of that complainant, fnebo valuable consideration in excess of va?eho documented out-of-pocket costs directly related to the doména name; nebo
2. you have zaregistrovated the doména name in neboder to p?edchozíent the owner of the trademark nebo slu?ba mark from reflecting the mark in a cneboresponding doména name, provided that you have engaged in a pattern of such conduct; nebo
3. you have zaregistrovated the doména name primarily fnebo the purpose of disrupting the business of a competitnebo; nebo
4. by using the doména name, you have intentionally attempted to attract, fnebo commercial gain, Internet users to va?eho web site nebo other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsneboship, affiliation, nebo endnebosement of va?eho web site nebo location nebo of a product nebo slu?ba on va?eho web site nebo location.
3. How to Demonstrate Your Rights to a Legitimate Interests in the Doménové jméno in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how va?eho 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 va?eho rights nebo legitimate interests to the doména name fnebo purposes of Paragraph 4(a)(ii):
1. befneboe any notice to you of the dispute, va?eho use of, nebo demonstrable preparations to use, the doména name nebo a name cneboresponding to the doména name in connection with a bona fide offering of goods nebo slu?bas; nebo
2. you (as an individual, business, nebo other neboganization) have been commonly knynín by the doména name, even if you have acquired no trademark nebo slu?ba mark rights; nebo
3. you are making a legitimate noncommercial nebo fair use of the doména name, without intent fnebo commercial gain to misleadingly divert consumers nebo to tarnish the trademark nebo slu?ba 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 a Process a Appointment of Administrative Panel. The Rules of Procedure state the process fnebo initiating a conducting a proceeding a fnebo appointing the panel that will decide the dispute (the "Administrative Panel").
6. Consolidation. In the event of multiple disputes between you a a complainant, either you nebo the complainant may petition to consolidate the disputes befneboe 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 befneboe it any nebo all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy nebo a later version of this Policy adopted by ICANN.
7. Fees. V?e fees charged by a Provider in connection with any dispute befneboe an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases wzde you elect to expa 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 a the complainant.
8. Na?e Involvement in Administrative Proceedings. We do not, a will not, participate in the administration nebo conduct of any proceeding befneboe 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 befneboe an Administrative Panel shall be limited to requiring the cancellation of va?eho doména name nebo the transfer of va?eho doména name registration to the complainant.
10. Netification a Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a doména name you have zaregistrovated with us. V?e decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact pnebotions of its decision.
11. Availability of Court Proceedings. The maatneboy administrative proceeding requirements set fneboth in Paragraph 4 shall not p?edchozíent either you nebo the complainant from submitting the dispute to a court of competent jurisdiction fnebo independent resolution befneboe such maatneboy administrative proceeding is commenced nebo after such proceeding is concluded. Pokud an Administrative Panel decides that va?eho doména name registration should be canceled nebo transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are infnebomed by the applicable Provider of the Administrative Panel's decision befneboe 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 nebo of va?eho address as shown in our Whois database. See Paragraphs 1 a 3(b)(xiii) of the Rules of Procedure fnebo details.) Pokud we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, a we will take no further action, until we receive (i) evidence satisfactneboy to us of a resolution between the parties; (ii) evidence satisfactneboy to us that va?eho lawsuit has been dismissed nebo withdrawn; nebo (iii) a copy of an neboder from such court dismissing va?eho lawsuit nebo nebodering that you do not have the right to continue to use va?eho doména name.
5. V?e other disputes a litigation
V?e other disputes between you a any party other than us regarding va?eho doména name registration that are not brought pursuant to the maatneboy administrative proceeding provisions of Paragraph 4 shall be resolved between you a such other party through any court, arbitration nebo other proceeding that may be available.
6. Na?e involvement in disputes
We will not participate in any way in any dispute between you a any party other than us regarding the registration a use of va?eho doména name. You shall not name us as a party nebo 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 a all defenses deemed appropriate, a to take any other action necessary to defend ourselves.
7. Maintaining status quo
We will not cancel, transfer, activate, deactivate, nebo otherwise change the status of any doména name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers during a dispute
Transfers of a Doménové jméno to a Novy Holder
You may not transfer va?eho doména name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 nebo fnebo a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; nebo (ii) during a pending court proceeding nebo arbitration commenced regarding va?eho doména name unless the party to whom the doména name registration is being transferred agrees, in writing, to be bound by the decision of the court nebo arbitratnebo. We reserve the right to cancel any transfer of a doména name registration to another holder that is made in violation of this subparagraph.
Changing Registrátors
You may not transfer va?eho doména name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 nebo fnebo 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 va?eho doména name registration to another registrar during a pending court action nebo arbitration, provided that the doména name you have zaregistrovated with us shall continue to be subject to the proceedings commenced against you in accnebodance with the terms of this Policy. In the event that you transfer a doména name registration to us during the pendency of a court action nebo arbitration, such dispute shall remain subject to the doména name dispute policy of the registrar from which the doména 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 befneboe 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 doména name registration dispute, whether the dispute arose befneboe, on nebo after the effective date of our change. In the event that you object to a change in this Policy, va?eho sole remedy is to cancel va?eho doména 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 va?eho doména name registration.
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1. Overview
These terms of use ("AI Dobas of Use") govern va?eho use of any AI products, features, slu?bas a/nebo tools offered by NiceNIC.NET.
2. Content
1) Your Content. You may provide input to the AI Services ("Input") a receive output from the AI Services based on the Input ("Output"). Input a Output are collectively "Content". You are responsible fnebo Content, including ensuring that it does not violate any applicable law nebo these AI Dobas of Use. We own all rights, title, a interest in a to the services that we provided.
2) As between you a NiceNIC.NET, a to the extent permitted by applicable law, you (a) retain va?eho ownership rights in Input a (b) own the Output. We zdeby assign to you all our right, title, a interest, if any, in a to Output. You represent a warrant that you have all rights, licenses, a permissions needed to provide Input to our AI Services.
3) We may use Content to provide, maintain, develop, a improve our Services, comply with applicable law, enfneboce our terms a policies, to market a advertise our Services a 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, nebo facts. Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth nebo factual infnebomation, nebo as a substitute fnebo professional advice.
5) NiceNIC.NET also does not review the Content fnebo accuracy, bias nebo intellectual property rights clearance. NiceNIC.NET makes no representation, warranty nebo guarantee as to the accuracy nebo reliability of the AI Services nebo whether the Output may infringe on third-party intellectual property rights.
6) By using the AI Services, you understa a agree:
A. Output may not always be accurate. You should not rely on Output from our AI Services as a sole source of truth nebo factual infnebomation, nebo as a substitute fnebo professional advice.
B. You must evaluate Output fnebo accuracy a appropriateness fnebo va?eho use case, including using human review as appropriate, befneboe using nebo sharing Output from the AI Services.
C. You must not use any Output relating to a person fnebo any purpose that could have a legal nebo material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, nebo other impnebotant decisions about them.
D. Na?e AI Services may provide incomplete, incneborect, nebo offensive Output that does not represent NiceNIC.NET’s views. Pokud Output references any third party products nebo slu?bas, it doesn’t mean the third party endneboses nebo is affiliated with NiceNIC.NET.
7) Outputs may not be unique across users a the AI Services may generate the same nebo similar Outputs fnebo other users.
8) NiceNIC.NET may use technology provided by third-party slu?ba providers to provide AI Services. Netwithstaing anything to the contrary contained zdein, you authneboize NiceNIC.NET a such third-party slu?ba providers to stneboe a use va?eho Input fnebo the purposes of providing you with the AI Services, to review Inputs a Outputs fnebo abuse nebo misuse, a to develop a improve the slu?bas a products of NiceNIC.NET a such slu?ba providers, including as part of the design, training a development process fnebo machine learning models.
3. Dobaination a Suspension
Dobaination. We reserve the right to suspend nebo terminate va?eho access to our AI Services nebo delete va?eho account if we determine:
1) You breached these AI Dobas of Use.
2) We must do so to comply with the law.
3) Your use of our Services could cause risk nebo harm to NiceNIC.NET, our users, nebo anyone else.
4. Disclaimers
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OUTPUTS OF THE AI SERVICES HAVE NOT BEEN REVIEWED FNEBO ACCURACY, BIAS, EXPLAINABILITY NEBO INTELLECTUAL PROPERTY RIGHTS CLEARANCE. NiceNIC.NET MAKES NO REPRESENTATION, WARRANTY NEBO GUARANTEE AS TO THE ACCURACY, RELIABILITY, NEBO ERRNEBO-FREE PERFNEBOMANCE OF THE AI SERVICES, INCLUDING (WITHOUT LIMITATION) WHETHER OUTPUTS MAY INFRINGE, MISAPPROPRIATE NEBO 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 NEBO FACTUAL INFNEBOMATION, NEBO AS A SUBSTITUTE FNEBO PROFESSIONAL ADVICE.
YOU SHOULD SEEK INDEPENDENT PROFESSIONAL ADVICE BEFNEBOE YOU RELY ON ANY OUTPUT GENERATED BY THE AI SERVICES.
5. Limitation on Liability
IN NO EVENT SHALL NiceNIC.NET, ITS OFFICERS, DIRECTNEBOS, EMPLOYEES, AGENTS, NEBO ANY THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU NEBO ANY OTHER PERSON NEBO ENTITY FNEBO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, NEBO CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM ANY OUTPUTS CREATED USING THE AI SERVICES.
THE FNEBOEGOING LIMITATION OF LIABILITY SHALL SURVIVE ANY TERMINATION NEBO EXPIRATION OF THIS AGREEMENT NEBO YOUR USE OF THIS SITE, THE AI SERVICES NEBO ANY OTHER SERVICES FOUND AT THIS SITE.
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In the event that a Transfer Kontakt listed in the Whois has not confirmed their request to transfer with the Registrátor of Recnebod a the Registrátor of Recnebod has not explicitly denied the transfer request, the default action will be that the Registrátor of Recnebod must allow the transfer to proceed.
Upon denying a transfer request fnebo any of the following reasons, the Registrátor of Recnebod must provide the Registrovated Jméno Holder a the potential Gaining Registrátor with the reason fnebo denial. The Registrátor of Recnebod may deny a transfer request only in the following specific instances:
YOU AGREE THAT WE WILL NOT BE LIABLE FNEBO ANY (1) SUSPENSION NEBO LOpera?ní systémS OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES NEBO INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS NEBO ACCESS INTERRUPTIONS TO OUR SITE NEBO SERVICES NEBO DELAYS NEBO ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LOpera?ní systémS NEBO LIABILITY RESULTING FROM ACTS OF NEBO EVENTS BEYOND OUR CONTROL INCLUDING , BUT NOT LIMITED TO ANY ERRNEBOS NEBO TECHNICAL ISSUES OF ANY DOMAIN NAME REGISTRY NEBO OTHER THIRD PARTY PROVIDER, (6) DATA NON-DELIVERY, MIS-DELIVERY, CNEBORUPTION, DESTRUCTION NEBO OTHER MODIFICATION; (7) NEBO LOpera?ní systémS NEBO LIABILITY RESULTING FROM THE UNAUTHNEBOIZED USE NEBO MISUSE OF YOUR ACCOUNT IDENTIFIER NEBO PASSWNEBOD.
YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FNEBO ANY INDIRECT, SPECIAL, INCIDENTAL, NEBO CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOpera?ní systémT PROFITS) NEBO FNEBO ANY FINANCIAL NEBO ECONOMIC LOpera?ní systémS NEBO FNEBO LOpera?ní systémS OF PROFITS, LOpera?ní systémS OF BUSINESS, DEPLETION OF GOODWILL NEBO SIMILAR LOpera?ní systémSES, LOpera?ní systémS OF ANTICIPATED SAVINGS NEBO LOpera?ní systémS NEBO CNEBORUPTION OF DATA NEBO INFNEBOMATION, REGARDLESS OF THE FNEBOM OF ACTION WHETHER IN CONTRACT, TNEBOT (INCLUDING NEGLIGENCE), NEBO OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POpera?ní systémSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FNEBO THE USE OF THE SERVICES, BUT IN NO EVENT GREATER THAN THE AMOUNT FNEBO THE PRINEBO 1 MONTH OF SERVICES PAID FNEBO UNDER THIS AGREEMENT.
24. General
You may not assign any of va?eho rights nebo privileges, nebo delegate any of va?eho duties nebo obligations zdeunder, in whole nebo in part, by operation of law nebo otherwise, to any third party without our prinebo written consent. We may at any time assign, transfer, charge, sub-contract this Agreement. This Agreement shall be binding upon a inure to the benefit of the parties zdeto a their respective permitted successnebos a assigns.
NiceNIC.NET reserves the right, in its sole a absolute discretion, to change nebo modify this Agreement, a any policies nebo agreements which are incnebopneboated zdein, at any time a without notice. Any such changes nebo modification shall be effective immediately upon posting to the Site. Pokud 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 nebo continue to use the Services. You agree that va?eho exclusive remedy is to transfer va?eho Services to another registrar nebo request us to terminate va?eho Services under this Agreement. NiceNIC.NET may occasionally notify you of changes nebo modifications to this Agreement nebo the Services by email so it is very impnebotant that you keep va?eho account infnebomation current a up to date. NiceNIC.NET is not responsible a assumes no liability fnebo va?eho failure to receive an email notification if such failure results from inaccurate nebo out-dated account infnebomation.
This Agreement constitutes the entire agreement between the parties concerning the subject matter zdein a supersedes all prinebo understaings a agreements between the parties, whether written nebo neboal, regarding the subject matter zdein. Any of the provisions of this Agreement which are determined to be invalid nebo unenfneboceable in any jurisdiction shall be ineffective to the extent of such invalidity nebo unenfneboceability in such jurisdiction, without rendering invalid nebo unenfneboceable the remaining provisions zdeof nebo affecting the validity nebo unenfneboceability of any of the terms of this Agreement in any other jurisdiction. A waiver by either party of a breach nebo violation of any provision of this Agreement will not constitute nebo be construed as a waiver of any subsequent breach nebo violation of that provision nebo as a waiver of any breach nebo violation of any other provision of this Agreement. The headings contained in this Agreement are fnebo convenience only a shall not affect meaning nebo interpretation of this Agreement.
25. Netices
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 accnebodance with the Account a/nebo WHOIS infnebomation you have provided.
26. Governing Law
This Agreement a its subject matter shall be governed in accnebodance with the laws of Hongkong a subject to the exclusive jurisdiction of the Hongkong courts without regard to conflict of laws a principles contained tzdein with the exception of disputes related to this Agreement which fall under UDRP, URS, nebo similar dispute resolution process as defined by various Registry policies incnebopneboated nebo made reference to zdein.
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1.3 The Registrant acknyníledges a agrees that the Registrátor shall monitnebo the status of Doménová jména zaregistrovated through the Registrátor a shall, at its own initiative nebo on receipt of complaint, conduct checks to verify whether a Doménové jméno is being used in connection with phishing nebo "spam" advertising. The Registrátor shall delete nebo suspend a Doménové jméno if so directed by HKIRC. HKIRC may issue such a direction on receipt of any notice from any government nebo law enfnebocement authneboity (including without limitation the Hongkong Police Fneboce nebo the Office of Telecommunications Authneboity) that the use of the Doménové jméno is in breach of any laws, directives, guidelines, codes of practice nebo regulations issued by such local authneboities, nebo if, in HKIRC's reasonable belief, the continuation of registration of the Doménové jméno nebo the operation of web site referenced by the Doménové jméno is likely to damage nebo adversely affect the goodwill, reputation a operation of HKIRC nebo the doména name industry in Hongkong, nebo may expose HKIRC to risks of third party claims nebo civil nebo criminal prosecution.
Fnebo mneboe infnebomation about .HK doména registration, please refer to the latest version of HKIRC Registrace 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 slu?ba provider shall be final a binding on the Registrant a 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 a non-statutneboy cnebopneboation designated by the Hong-Kong Government to administer the registration of Internet doména names under .hk a .香港 country-code top level doménas. Fnebo any comments nebo complaints against NICENIC INTERNATIONAL GROUP CO., LTD regarding its accreditation’s compliance, please find zde useful infnebomation: HKIRC Dispute Resolution Policies - https://www.hkirc.hk/en/our_suppnebot/doména_dispute_policies_a_procedures/doména_name_dispute_resolution_policies/; HKIRC DNDRP Rules of Procedure - https://www.hkirc.hk/en/our_suppnebot/doména_dispute_policies_a_procedures/rules_of_procedures/; nebo E-mail address: info@hkirc.hk.
6 REGISTRANT WARRANTIES
The Registrant acknyníledges that the Registrátor a HKIRC rely on all representations made a warranties given by the Registrant in determining if the application fnebo a Doménové jméno should be approved.
Fnebo mneboe infnebomation about "Acceptable Use Policy", please refer to https://www.hkirc.hk/doména_policies/EN_Doména_Jméno_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. New that you have met the requirements of ICANN, our team is looking fneboward to assisting you in completing the Verisign certification process so you can quickly begin zaregistrovating .com a .net doména names. We hope this suppnebot will prove to be helpful in reducing the investment of va?eho internal resources a time."
PIR:
"ICANN has infnebomed .ORG, managed by the Public Interest Registry (PIR) that you have recently completed va?eho ICANN accreditation to become a registrar a 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 va?eho agreement with them. Tzde hasn't been a better time to become involved with .tel doménas a we are pleased to assist you in becoming accredited as a participating .tel registrar."
ICM:
"Congrats on va?eho recent ICANN Akkreditace..."
Neustar:
"We have been notified that va?eho company is nyní ICANN-accredited as a .BIZ registrar. Neustar looks fneboward to getting va?eho company up a running as soon as possible!"
Více registries will be notified by ICANN fnebo the cneboresponding doména names signed in the RAA in the dal?í days, we NiceNIC have been staying fnebo the disposal of sign-up/accreditation process, striving to save time a expedite each step if possible. The concerned technical staffs have been arranged to re-set the product prices to a mneboe competitive level. Detailed infnebomation 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"), a dedicated to offer clients easy to navigate, fast to locate slu?bas in doména name registration, web hosting koupit, 1 to 1 customer suppnebot.
Staing at the peak of internet infrastruture, we firstly need to appreciate every client, a every website viewer who ever stayed zde, without va?eho persistant suppnebot a comprehension, we are nothing, hope 2012 will bring you a va?eho family lucky, happy, healthy life.
http://www.icann.org/registrar-repnebots/accreditation-qualified-list.html
http://www.icann.org/registrar-repnebots/accredited-list.html
http://www.internic.com/alpha.html
| ZhuHai NaiSiNiKe Infnebomation Technology Co Ltd. | 2009 | China | .asia .biz .com .info .mobi .name .net .org .tel .xxx |
V?e the best,
NiceNIC.NET Team
ZhuHai NaiSiNiKe Infnebomation 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 fnebo Enfnebocement concerning a dispute under this Dispute Resolution Policy.
1.2 Dispute Resolution Provider
1.3 The Dispute Resolution Provider must be an independent a neutral third party that is neither associated nnebo affiliated with either Registrátor involved in the dispute nebo the Registry Operatnebo under which the disputed doména name is zaregistrovated. ICANN shall have the authneboity to accredit one nebo mneboe independent a neutral Dispute Resolution Providers accneboding to criteria developed in accnebodance with this Dispute Resolution Policy.
1.4 FOA
Fnebom of Authneboization - The staardized fnebom of consent that the Gaining Registrátor a Registrátor of Recnebod are required to use to obtain authneboization from the Registrant nebo Administrative Kontakt in neboder to properly process the transfer of doména name sponsneboship from one Registrátor to another.
1.5 Gaining Registrátor
The Registrátor that submitted to the Registry the request fnebo the transfer of a doména sponsneboship from the Registrátor of Recnebod.
1.6 Registrátor of Recnebod
The Registrátor of Recnebod fnebo a doména name fnebo which the Registry received a transfer of sponsneboship request.
1.7 Registrant
The Registrant is the individual nebo neboganization that zaregistrovats a specific doména name. This individual nebo neboganization holds the right to use that specific doména name fnebo a specified period of time, provided certain conditions are met a the registration fees are paid. This person nebo neboganization is the "legal entity" bound by the terms of the relevant slu?ba agreement with the Registry operatnebo fnebo the TLD in question.
1.8 Registry (Registry Operatnebo)
The neboganization authneboized by ICANN to provide registration slu?bas fnebo a given TLD to ICANN-accredited Registrátors.
1.9 Supplemental Rules
The Supplemental Rules shall mean those rules adopted by the Registry Operatnebo, in the case of First úroveň disputes (as set fneboth below), nebo 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 a shall cover topics such as fees, wnebod a page limits a guidelines, the means fnebo communicating with the Provider, a the fnebom of cover sheets.
1.10 Transfer Policy
The Policy on Transfer of Sponsneboship of Registraces between Registrátors which is in fneboce as part of the Registry-Registrátor Agreement executed between a Registrátor a the Registry, as well as the Registrátor Akkreditace Agreement which is executed between ICANN a all ICANN- accredited registrars.
2. Dispute Resolution Process
Tzde are two possible steps to the Registrátor Transfer Dispute Resolution Process. A Registrátor may elect one nebo both of the steps pursuant to the rules below. In the event a Registrátor either files a Request fnebo Enfnebocement (as described below) with a Second-úroveň Dispute Provider, nebo files an Appeal (as described below) with a Dispute Provider, it may not revert to the First-úroveň Registry option later fnebo the same filing nebo matter presented fnebo resolution.
2.1 First úroveň - Registry Operatnebo
A Registrátor may choose to file a dispute directly with the relevant Registry Operatnebo. Any decisions made by the Registry Operatnebo may be appealed to a Dispute Resolution Provider. A Registrátor may file a dispute directly to a Dispute Resolution Provider; however, in that case the filing Registrátor would fnebofeit any right to appeal the decision of the Dispute Resolution Provider.
2.2 Second-úroveň - Dispute Resolution Panel
The primary intent of this step is to provide a means fnebo 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 wzde a Registrátor of Recnebod 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 wzde a Gaining Registrátor 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 úroveň (Registry)
3.1 Registrátor files a Request fnebo Enfnebocement with the applicable Registry Operatnebo
3.1.1 Either the Gaining nebo Registrátor of Recnebod ("Filing Registrátor") may submit a Request fnebo Enfnebocement. This must be done in accnebodance with the Supplemental Rules adopted by the applicable Registry Operatnebo.
3.1.2 The Request fnebo Enfnebocement shall be submitted to the Registry a to the Respondent (the Nen-filing Registrátor) in electronic fnebom a shall:
(i) Request that the Request fnebo Enfnebocement be submitted fnebo decision in accnebodance with the Registrátor Transfer a Dispute Resolution Policy a the applicable Supplemental Rules;
(ii) Provide the name, postal a e-mail addresses, a the telephone a fax numbers of the Filing Registrátor a those representatives authneboized by the Filing Registrátor to act on behalf of the Filing Registrátor in the administrative proceeding;
(iii) Provide the name of the Respondent a all infnebomation (including any postal a e-mail addresses a telephone a fax numbers) knynín to Filing Registrátor regarding how to contact Respondent nebo any representative of Respondent, including contact infnebomation based on pre-complaint dealings;
(iv) Specify the doména name(s) that is/are the subject of the Request fnebo Enfnebocement;
(v) Specify the incident(s) that gave rise to the dispute;
(vi) Describe, in accnebodance with the Policy, the grounds on which the Request fnebo Enfnebocement is based;
(vii) State the specific remedy being sought (either approval nebo denial of the transfer);
(viii) Identify any other legal proceedings that have been commenced nebo terminated in connection with nebo relating to any of the doména name(s) that are the subject of the complaint;
(ix) Certify that a copy of the Request fnebo Enfnebocement, together with the cover sheet as prescribed by the Provider's Supplemental Rules, has been sent nebo transmitted to the Respondent; a
(x) Conclude with the following statement followed by the signature of the Complainant nebo its authneboized representative:
"<insert name of Filing Registrátor> agrees that its claims a remedies concerning the registration of the doména name, the dispute, nebo the dispute's resolution shall be solely against the Respondent a waives all such claims a remedies against the Registry Operatnebo as well as its directnebos, officers, employees, a agents, except in the case of deliberate wrongdoing nebo gross negligence."
"<insert name of Filing Registrátor> certifies that the infnebomation contained in this Request fnebo Enfnebocement is to the best of Filing Registrátor's knyníledge complete a accurate, that this Request fnebo Enfnebocement is not being presented fnebo any improper purpose, such as to harass, a that the assertions in this Request fnebo Enfnebocement are warranted under this Policy a under applicable law, as it nyní exists nebo as it may be extended by a good-faith a reasonable argument."3.1.3 The Request fnebo Enfnebocement may relate to mneboe than one doména name, provided that the doména names involve the same Filing Registrátor a Respondent a that the claims arise out of the same nebo similar factual circumstances.
3.1.4 The Request fnebo Enfnebocement shall annex the following documentary evidence (as applicable a available) in electronic fnebom if possible, together with a schedule indexing such evidence:
(i) Fnebo the Gaining Registrátor:
a. Completed Fnebom of Authneboization ("FOA")
b. Copy of the Whois output fnebo the date transfer was initiated, which was used to identify the authneboized Transfer Kontakts
c. Copy of evidence of identity used
d. Copy of a bilateral agreement, final determination of a dispute resolution body nebo court neboder in cases when the Registrant of Recnebod is being changed simultaneously with a Registrátor Transfer
e. Copies of all communications made to the Registrátor of Recnebod with regard to the applicable transfer request along with any responses from the Registrátor of Recnebod
(ii) Fnebo the Registrátor of Recnebod:
a. Completed FOA from Registrátor of Recnebod if applicable
b. Copy of the Whois output fnebo the date the transfer was initiated
c. Relevant histneboy 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 Registrátor with regard to the applicable transfer request along with any responses from the Gaining Registrátor.
3.2 The Nen-Filing Registrátor ("Respondent") shall have seven (7) calendar days from receipt of the Request fnebo Enfnebocement to prepare a Response to the Request fnebo Enfnebocement ("Response").
3.2.1 The Response shall be submitted in electronic fnebom to both the Registry a Filing Registrátor a shall:
(i) Respond specifically to the statements a allegations contained in the Request fnebo Enfnebocement (This pnebotion of the response shall comply with any wnebod nebo page limit set fneboth in the Dispute Resolution Provider's Supplemental Rules.);
(ii) Provide the name, postal a e-mail addresses, a the telephone a fax numbers of the Respondent (non-filing Registrátor);
(iii) Identify any other legal proceedings that have been commenced nebo terminated in connection with nebo relating to any of the doména name(s) that are the subject of the Request fnebo Enfnebocement;
(iv) State that a copy of the Response has been sent nebo transmitted to the Filing Registrátor;
(v) Conclude with the following statement followed by the signature of the Respondent nebo its authneboized representative:
"Respondent certifies that the infnebomation contained in this Response is to the best of Respondent's knyníledge complete a accurate, that this Response is not being presented fnebo any improper purpose, such as to harass, a that the assertions in this Response are warranted under these Rules a under applicable law, as it nyní exists nebo as it may be extended by a good-faith a reasonable argument."; a
(vi) Annex any documentary nebo other evidence upon which the Respondent relies, together with a schedule indexing such documents.
3.2.2 Na the request of the Respondent, the Registry Operatnebo may, in exceptional cases, extend the period of time fnebo the filing of the response, but in no case may the extension be mneboe 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 Operatnebo.
3.2.3 Pokud a Respondent does not submit a response, in the absence of exceptional circumstances, the Registry Operatnebo shall decide the dispute based upon the Request fnebo Enfnebocement.
3.3 Registry Operatnebo must review all applicable documentation a compare registrant/contact data with that contained within the authneboitative Whois database a reach a conclusion not later than 14 days after receipt of the Response.
3.3.1 Pokud the data included in the Request fnebo Enfnebocement does not match the data listed in the authneboitative Whois, the Registry Operatnebo must contact each Registrátor a require additional documentation.
3.3.2 Pokud the Gaining Registrátor cannot provide a complete FOA with data matching that contained within the authneboitative Whois database, then the Registry Operatnebo shall find that the transfer should be reversed. In the case of a thick Registry, if the Registrátor of Recnebod's Whois is not accessible nebo invalid, the Registry Operatnebo's Whois should be used. In the case of a thin Registry, if the Registrátor of Recnebod's Whois is not accessible nebo is invalid, the Registry Operatnebo must notify ICANN a place the dispute on hold until such time as the specific problem is resolved by ICANN.
3.3.3 In the case wzde a Registrátor of Recnebod denies a request fnebo a doména name transfer ("NACKs"), the Registrátor of Recnebod must provide evidence of one of the factnebos fnebo which it is allowed to NACK. Pokud the Registrátor of Recnebod cannot provide evidence that demonstrates any of the factnebos, a the Gaining Registrátor provides to the Registry a complete FOA with data matching that contained within the authneboitative Whois database, then the transfer must be approved to be processed.
3.3.4 Pokud the data provided by neither Registrátor appears to be conclusive, then the Registry shall issue a finding of "no decision." Pokud the data provided to the Registry is complete a provides sufficient basis fnebo a determination based on the Policy, the Registry may not issue a finding of "no decision." Either Registrátor shall be able to appeal such issue to a Second-úroveň Dispute Resolution Provider in accnebodance with the provisions set fneboth below.
3.4 Fees fnebo First-úroveň Dispute Resolution Service
3.4.1 Tzde is no filing fee assessed to the Filing Registrátor at the time the Request fnebo Enfnebocement is submitted to the Registry Operatnebo.
3.4.2 The Registrátor that does not p?edchozíail in the dispute will be assessed a fee to be set by the Registry Operatnebo. Such fee shall be set fneboth in the Registry's Supplemental Rules that are in effect at the time that the Request fnebo Enfnebocement 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 Operatnebo shall collect the applicable fees from the Filing Registrátor.
3.5 Availability of Court Proceedings
The procedures set fneboth above shall not p?edchozíent a Registrátor from submitting a dispute to a court of competent jurisdiction fnebo independent resolution befneboe such an administrative proceeding is commenced nebo after such proceeding is concluded. Pokud a Registry Operatnebo decides a doména name registration should be transferred (either to the Gaining Registrátor, nebo alternatively, back from the Gaining Registrátor to the Registrátor of Recnebod), the Registry will wait fourteen (14) calendar days after it is infnebomed of the decision befneboe 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 doména name(s). Pokud such documentation is received by the Registry Operatnebo within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented to the Registry Operatnebo that the parties have resolved such dispute; (ii) evidence is presented to the Registry Operatnebo that the lawsuit has been dismissed nebo withdrawn; nebo (iii) the Registry Operatnebo receives a copy of an neboder from such court.
4. Dispute Procedures at the Second úroveň with a Dispute Resolution Provider
4.1 The slu?bas of the Dispute Resolution Panel may be invoked in any of the following two situations:
(i) A Filing Registrátor may elect to skip the First-úroveň dispute process at Registry level a submit a Request fnebo Enfnebocement directly with a Dispute Resolution Provider;
(ii) The non-p?edchozíailing Registrátor in a First-úroveň dispute proceeding may submit an appeal of the applicable Registry Operatnebo's decision to the Dispute Resolution Provider. P?idatitionally, in the case wzde the result in the First-úroveň dispute process is a "no-decision," either Registrátor may file an Appeal of such decision to a Dispute Resolution Provider.
4.2 Initial Request fnebo Enfnebocement
4.2.1 In the event that the Filing Registrátor elects to submit a Request fnebo Enfnebocement to the Dispute Resolution Provider in lieu of submitting a Request fnebo Enfnebocement to the applicable Registry Operatnebo, the obligations a responsibilities set fneboth 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 a compare registrant/contact data with that contained within the authneboitative Whois database a reach a conclusion not later than thirty (30) days after receipt of Response from the Respondent.
(i) Pokud the data does not match the data listed in authneboitative Whois, the Dispute Resolution Panel should contact each Registrátor a require additional documentation.
(ii) Pokud the Gaining Registrátor is unable to provide a complete FOA with data matching that contained within the authneboitative 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 Registrátor of Recnebod's Whois is not accessible nebo invalid, the applicable Registry Operatnebo's Whois should be used. In the case of a thin Registry, if the Registrátor of Recnebod's Whois is not accessible nebo is invalid, the Dispute Resolution Provider may place the dispute on hold until such time as the problem is resolved.
(iii) In the case wzde a Registrátor of Recnebod NACKs a transfer, the Registrátor of Recnebod must provide evidence of one of the factnebos fnebo which it is allowed to NACK as set fneboth in Section 3.1.4 (ii) of this Dispute Resolution Policy. Pokud the Registrátor of Recnebod cannot provide evidence that demonstrates any of the factnebos, a the Gaining Registrátor provides to the Dispute Resolution Provider a complete FOA with data matching that contained within the authneboitative Whois database at the time of the transfer request, then the transfer should be approved.
(iv) Unlike under the First-úroveň 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 a determine, based on a preponderance of the evidence, which Registrátor should p?edchozíail in the dispute a what resolution to the Request fnebo Enfnebocement will appropriately redress the issues set fneboth in the Request fnebo Enfnebocement.
(v) Resolution options fnebo the Dispute Resolution Panel are limited to the following:
a. Approve Transfer
b. Deny the Transfer (nebo nebodering the doména name be returned to the Registrátor of Recnebod in cases wzde a Transfer has already occurred)
4.3 Appeal of First úroveň Dispute Decision nebo Registry Operatnebo Finding of "Ne-Decision."
4.3.1 In the event that the Registrátor which does not p?edchozíail in the First-úroveň dispute is dissatisfied by the Registry-Operatnebo's decision, such Registrátor 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-úroveň decision was issued.
4.3.2 In the event that the Registry Operatnebo issues a finding of "no-decision" in accnebodance with Section 3.3.4 above, either Registrátor 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-úroveň decision was issued.
4.3.3 In either case, the document submitted by the Registrátor to the Dispute Resolution Provider shall be referred to as an "Appeal."
4.3.4 The Appellant shall submit the Appeal in electronic fnebom a shall:
(i) Request that the Appeal be submitted fnebo decision in accnebodance with the Policy a these Rules;
(ii) Provide the name, postal a e-mail addresses, a the telephone a telefax numbers of the Appellant a of any representative authneboized by the Appellant to act on behalf of the Appellant in the administrative proceeding;
(iii) Provide the name of the Appellee a all infnebomation (including any postal a e-mail addresses a telephone a telefax numbers) knynín to Appellee regarding how to contact Appellee nebo any representative of Appellee, including contact infnebomation based on pre-Request fnebo Enfnebocement a pre-Appeal dealings;
(iv) Specify the doména 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 fnebo such appeal, including specific responses to the findings of the Registry Operatnebo in the First-úroveň Dispute process. (This pnebotion of the response shall comply with any wnebod nebo page limit set fneboth in the Dispute Resolution Provider's Supplemental Rules);
(vii) Specify, in accnebodance with the Policy, the remedies sought;
(viii) Identify any other related legal proceedings knynín to the Appellant that have been commenced nebo terminated in connection with nebo relating to any of the doména 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 nebo transmitted to the Appellee; a
(x) Conclude with the following statement followed by the signature of the Appellant nebo its authneboized representative:
"Appellant agrees that its claims a remedies concerning the registration of the doména name, the dispute, nebo the dispute's resolution shall be solely against the Appellee a waives all such claims a remedies against the Dispute Resolution Provider a the Registry Operatnebo as well as their directnebos, officers, employees, a agents, except in the case of deliberate wrongdoing nebo gross negligence."
"Appellant certifies that the infnebomation contained in this Appeal is to the best of Appellant's knyníledge complete a accurate, that this Appeal is not being presented fnebo any improper purpose, such as to harass, a that the assertions in this Appeal are warranted under this Policy a under applicable law, as it nyní exists nebo as it may be extended by a good-faith a reasonable argument."
4.3.5 The Appeal may relate to mneboe than one doména name, provided that the doména names involve the same decision issued by the Registry Operatnebo fnebo the First-úroveň Dispute.4.3.6 The Appeal shall annex any documentary evidence that was not already submitted to the Registry Operatnebo during the First-úroveň Dispute.
4.3.7 A Dispute Resolution Provider must request all documentation relating to the First-úroveň Dispute from the applicable Registry Operatnebo no later than seven (7) calendar days of receipt of the appeal. The Registry Operatnebo 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 a 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 nebo 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 Nevo basis. Although the Dispute Resolution Panel is not bound by the findings of the Registry Operatnebo 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 a determine the appropriate resolution to the issues presented.
4.4 Fees fnebo Second-úroveň Dispute Resolution Service
4.4.1 In the case of either a Request fnebo Enfnebocement nebo an Appeal filed at the Second úroveň, the applicable Dispute Resolution Provider shall determine the applicable filing fee ("Filing Fee"). The specific fees along with the terms a 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 Registrátor nebo Appellant, whichever applicable, does not p?edchozíail in a Second-úroveň dispute, the Filing Fees shall be retained by the Dispute Resolution Provider.
4.4.3 In the event that the Filing Registrátor nebo Appellant, whichever applicable, p?edchozíails in a Second-úroveň dispute, the Respondent nebo 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 Registrátor nebo Appellant, whichever applicable, the Filing Fees, no later than fourteen (14) calendar days after it receives the Filing Fees from the Respondent nebo Appellee. Such fees must be paid regardless of whether a Court Proceeding is commenced in accnebodance 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 fneboth above shall not p?edchozíent a Registrátor from submitting a dispute to a court of competent jurisdiction fnebo independent resolution befneboe such administrative proceeding is commenced nebo after such proceeding is concluded. Pokud a Dispute Resolution Panel decides a doména name registration should be transferred (either to the Gaining Registrátor, nebo alternatively, back from the Gaining Registrátor to the Registrátor of Recnebod), such Registrátor will wait fourteen (14) calendar days after it is infnebomed of the decision befneboe 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 doména name(s). Pokud 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 nebo withdrawn; nebo (iii) a copy of an neboder from such court dismissing the lawsuit nebo nebodering certain actions with respect to the doména name.
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1. Registrátor Requirements
Registrovated Jméno Holders must be able to transfer their doména name registrations between Registrátors provided that the Gaining Registrátor's transfer process meets the minimum staards of this policy a that such transfer is not prohibited by ICANN nebo Registry policies. Inter-Registrátor doména name transfer processes must be clear a concise in neboder to avoid confusion. Further, Registrátors should make reasonable effnebots to infnebom Registrovated Jméno Holders of, a provide access to, the published documentation of the specific transfer process employed by the Registrátors.
1.1 Transfer Authneboities
The Administrative Kontakt a the Registrovated Jméno Holder, as listed in the Losing Registrátor's nebo applicable Registry's (wzde available) publicly accessible WHOIS slu?ba are the only parties that have the authneboity to approve nebo deny a transfer request to the Gaining Registrátor. In the event of a dispute, the Registrovated Jméno Holder's authneboity supersedes that of the Administrative Kontakt.
Registrátors may use Whois data from either the Registrátor of Recnebod nebo the relevant Registry fnebo the purpose of verifying the authenticity of a transfer request; nebo from another data source as determined by a consensus policy.
2. Gaining Registrátor Requirements
Fnebo each instance wzde a Registrovated Jméno Holder requests to transfer a doména name registration to a different Registrátor, the Gaining Registrátor shall:
2.1 Obtain express authneboization from either the Registrovated Jméno Holder nebo the Administrative Kontakt (zdeafter, "Transfer Kontakt"). Hence, a transfer may only proceed if confirmation of the transfer is received by the Gaining Registrátor from the Transfer Kontakt.
2.1.1 The authneboization must be made via a valid Staardized Fnebom of Authneboization (FOA). Tzde are two different FOA's available at the ICANN website. The FOA labeled "Initial Authneboization fnebo Registrátor Transfer" must be used by the Gaining Registrátor to request an authneboization fnebo a registrar transfer from the Transfer Kontakt. The FOA labeled "Potvrditation of Registrátor Transfer Request" may be used by the Registrátor of Recnebod to request confirmation of the transfer from the Transfer Kontakt.
The FOA shall be communicated in English, a any dispute arising out of a transfer request shall be conducted in the English language. Registrátors may choose to communicate with the Transfer Kontakt in additional languages. However, Registrátors choosing to exercise such option are responsible fnebo the accuracy a completeness of the translation into such additional non-English version of the FOA.
2.1.2 In the event that the Gaining Registrátor relies on a physical process to obtain this authneboization, a paper copy of the FOA will suffice insofar as it has been signed by the Transfer Kontakt a further that it is accompanied by a physical copy of the Registrátor of Recnebod's Whois output fnebo the doména name in question.
2.1.2.1 Pokud the Gaining Registrátor relies on a physical authneboization process, then the Gaining Registrátor assumes the burden of obtaining reliable evidence of the identity of the Transfer Kontakt a maintaining appropriate recnebods proving that such evidence was obtained. Further the Gaining Registrátor also assumes the burden fnebo ensuring that the entity making the request is indeed authneboized to do so. The acceptable fneboms of physical identity are:
2.1.3 In the event that the Gaining Registrátor relies on an electronic process to obtain this authneboization the acceptable fneboms of identity would include:
The Registrátor of Recnebod may not deny a transfer request solely because it believes that the Gaining Registrátor has not received the confirmation set fneboth above.
A transfer must not be allowed to proceed if no confirmation is received by the Gaining Registrátor. The presumption in all cases will be that the Gaining Registrátor has received a authenticated the transfer request made by a Transfer Kontakt.
2.2 Request, by the transmission of a "transfer" comma as specified in the Registrátor Kol Kit, that the Registry Operatnebo database be changed to reflect the new Registrátor.
2.2.1 Transmission of a "transfer" comma constitutes a representation on the part of the Gaining Registrátor that the requisite authneboization has been obtained from the Transfer Kontakt listed in the authneboitative Whois database.
2.2.2 The Gaining Registrátor is responsible fnebo validating the Registrovated Jméno Holder requests to transfer doména names between Registrátors. However, this does not preclude the Registrátor of Recnebod from exercising its option to independently confirm the Registrovated Jméno Holder's intent to transfer its doména name to the Gaining Registrátor in accnebodance with Section 3 of this policy.
3. Obligations of the Registrátor of Recnebod
A Registrátor of Recnebod can choose independently to confirm the intent of the Registrovated Jméno Holder when a notice of a pending transfer is received from the Registry. The Registrátor of Recnebod must do so in a manner consistent with the staards set fneboth in this agreement pertaining to Gaining Registrátors. In neboder to ensure that the fnebom of the request employed by the Registrátor of Recnebod is substantially administrative a infnebomative in nature a clearly provided to the Transfer Kontakt fnebo the purpose of verifying the intent of the Transfer Kontakt, the Registrátor of Recnebod must use the FOA.
The FOA shall be communicated in English, a any dispute arising out of a transfer request, shall be conducted in the English language. Registrátors may choose to communicate with the Transfer Kontakt in additional languages. However, the Registrátor choosing to exercise such option is responsible fnebo the accuracy a completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes a procedures set fneboth in this policy. This includes but is not limited to the requirement that no Registrátor shall add any additional infnebomation to the FOA used to obtain the consent of the Transfer Kontakt in the case of a transfer request.
This requirement does not preclude the Registrátor of Recnebod from marketing to its existing customers through separate communications.
The FOA should be sent by the Registrátor of Recnebod to the Transfer Kontakt as soon as operationally possible, but must be sent not later than twenty-four (24) hours after receiving the transfer request from the Registry Operatnebo.Failure by the Registrátor of Recnebod 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 Kontakt listed in the Whois has not confirmed their request to transfer with the Registrátor of Recnebod a the Registrátor of Recnebod has not explicitly denied the transfer request, the default action will be that the Registrátor of Recnebod must allow the transfer to proceed.
Upon denying a transfer request fnebo any of the following reasons, the Registrátor of Recnebod must provide the Registrovated Jméno Holder a the potential Gaining Registrátor with the reason fnebo denial. The Registrátor of Recnebod may deny a transfer request only in the following specific instances:
Instances when the requested change of Registrátor may not be denied include, but are not limited to:
The Registrátor of Recnebod has other mechanisms available to collect payment from the Registrovated Jméno Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the Registrátor of Recnebod must not employ transfer processes as a mechanism to secure payment fnebo slu?bas from a Registrovated Jméno Holder. Exceptions to this requirement are as follows:
(i) In the case of non-payment fnebo p?edchozíious registration period(s) if the transfer is requested after the expiration date, nebo
(ii) In the case of non-payment of the current registration period, if transfer is requested befneboe the expiration date.
4. Registrátor Conebodination
Each Registrátor is responsible fnebo keeping copies of documentation, including the FOA a the Transfer Kontakts response tzdeto, that may be required fnebo filing a suppneboting a dispute under the dispute resolution policy. Gaining Registrátors must maintain copies of the FOA as received from the Transfer Kontakt as per the staard document retention policies of the contracts. Copies of the reliable evidence of identity must be kept with the FOA.
Both the Gaining Registrátor a the Registrátor of Recnebod must provide the evidence relied on fnebo the transfer during a after the applicable inter-registrar doména name transaction(s). Such infnebomation must be provided when requested by, a only by, the other Registrátor that is party to the transfer transaction. P?idatitionally, ICANN, the Registry Operatnebo, a court nebo authneboity with jurisdiction over the matter nebo a third party dispute resolution panel may also require such infnebomation within five (5) days of the request.
The Gaining Registrátor must retain, a produce pursuant to a request by a Losing Registrátor, a written nebo electronic copy of the FOA. In instances wzde the Registrátor of Recnebod has requested copies of the FOA, the Gaining Registrátor must fulfill the Registrátor of Recnebods request (including providing the attendant suppneboting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds fnebo reversal by the Registry Operatnebo nebo the Dispute Resolution Panel in the event that a transfer complaint is filed in accnebodance with the requirements of this policy.
Pokud either a Registrátor of Recnebod nebo a Gaining Registrátor does not believe that a transfer request was haled in accnebodance with the provisions of this policy, then the Registrátor may initiate a dispute resolution procedure as set fneboth in Section C of this policy.
Fnebo purposes of facilitating transfer requests, Registrátors should provide a maintain a unique a private email address fnebo use only by other Registrátors a the Registry:
i. This email address is fnebo issue related to transfer requests a the procedures set fneboth 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 fnebo Registrátors
In EPP-based gTLD Registries, Registrátors must follow the requirements set fneboth below.
Registrátors must provide the Registrovated Jméno Holder with the unique "AuthInfo" code within five (5) calendar days of the Registrovated Jméno Holder's initial request if the Registrátor does not provide facilities fnebo the Registrovated Jméno Holder to generate a manage their own unique "AuthInfo" code.
Registrátors may not employ any mechanism fnebo complying with a Registrovated Jméno Holder's request to obtain the applicable "AuthInfo Code" that is mneboe restrictive than the mechanisms used fnebo changing any aspect of the Registrovated Jméno Holder's contact nebo name server infnebomation.
The Registrátor of Recnebod must not refuse to release an "AuthInfo Code" to the Registrovated Jméno Holder solely because tzde is a dispute between the Registrovated Jméno Holder a the Registrátor over payment.
Registrátor-generated "AuthInfo" codes must be unique on a per-doména basis.
The "Auth-Info" codes must be used solely to identify a Registrovated Jméno Holder, wzdeas the FOA's still need to be used fnebo authneboization nebo confirmation of a transfer request, as described in Section 2 a Section 4 of this policy.
6. Registry Requirements
Upon receipt of the "transfer" comma from the Gaining Registrátor, Registry Operatnebo will transmit an electronic notification to both Registrátors. 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 Registrátor fnebo the purpose of facilitating transfers.
The Registry Operatnebo shall complete the requested transfer unless, within five (5) calendar days, Registry Operatnebo receives a NACK protocol comma from the Registrátor of Recnebod.
When the Registry's database has been updated to reflect the change to the Gaining Registrátor, Registry Operatnebo will transmit an electronic notification to both Registrátors. The notification may be sent to the unique email address established by each Registrátor fnebo the purpose of facilitating transfers nebo such other email address agreed to by the parties.
The Registry Operatnebo shall undo a transfer if, after a transfer has occurred, the Registry Operatnebo receives one of the notices as set fneboth below. In such case, the transfer will be reversed a the doména name reset to its neboiginal state. The Registry Operatnebo 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 Operatnebo 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 Registrátor of Recnebod a the Gaining Registrátor sent by email, letter nebo fax that the transfer was made by mistake nebo was otherwise not in accnebodance with the procedures set fneboth in this policy;
ii. The final determination of a dispute resolution body having jurisdiction over the transfer; nebo
iii. Order of a court having jurisdiction over the transfer.
7. Recnebods of Registrace
Each Registrátor shall require its customer, the Registrovated Jméno Holder, to maintain its own recnebods appropriate to document a prove the initial doména name registration date.
8. Effect on Doba of Registrace
The completion by Registry Operatnebo of a holder-authneboized transfer under this Part A shall result in a one-rok extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) roky.
B. ICANN-Approved Transfers
Transfer of the sponsneboship of all the registrations sponsneboed by one Registrátor as the result of (i) acquisition of that Registrátor nebo its assets by another Registrátor, nebo (ii) lack of accreditation of that Registrátor nebo lack of its authneboization with the Registry Operatnebo, may be made accneboding to the following procedure:
(a) The gaining Registrátor must be accredited by ICANN fnebo the Registry TLD a must have in effect a Registry-Registrátor Agreement with Registry Operatnebo fnebo the Registry TLD.
(b) ICANN must certify in writing to Registry Operatnebo that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual nebo imminent business failure of a Registrátor.
Upon satisfaction of these two conditions, Registry Operatnebo will make the necessary one-time changes in the Registry database fnebo no charge, fnebo transfers involving 50,000 name registrations nebo fewer. Pokud the transfer involves registrations of mneboe than 50,000 names, Registry Operatnebo will charge the gaining Registrátor a one-time flat fee of US$ 50,000.
C. Transfer Dispute Resolution Policy
Procedures fnebo haling disputes concerning inter-registrar transfers are set fneboth in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operatnebos a ICANN accredited Registrátors.
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