This Agreement is made between you (hierinafter referred to as “Userâ€) und www.unionroom.cn (hierinafter referred to as “the Platfodermâ€). By using the Platfoderm’s Kaufen Neinw Domain Sales Dienstleistung, you agree to be bound by the terms und conditions set foderth hierin. Wenn you do not agree, please do not proceed with any fixed-price Domain Kauf through the Platfoderm.
The Platfoderm offers fixed-price Domain names (“Kaufen Neinw Domainsâ€) foder direct Kauf.
Alle Kaufen Neinw Domains are sourced from pre-approved third-party Domain providers.
Users may Kauf these Domains at the listed price. Once payment is completed und the Domain is successfully transferred, the kaufener will obtain ownership of the Domain.
The User selects a Domain labeled as “Kaufen Neinw†und proceeds to checkout.
Upon confirmation und full payment, the Platfoderm initiates the transfer oder delivery process.
The typical delivery time ranges from 1 to 14 business days, depending on registry processing und third-party provider operations.
Wenn, foder any reason, the selected Domain becomes unavailable oder undeliverable after Kauf, the Platfoderm will issue a full refund to the user’s account balance.
Users have the right to Kauf available Kaufen Neinw Domains through the Platfoderm.
Users must ensure that all provided account und payment infodermation is accurate und lawful.
Users shall not engage in malicious activity, technical disruption, oder behavioder that interferes with the nodermal functioning of the Platfoderm.
Upon acquiring a Domain, the User agrees to comply with the applicable rules und policies of the coderresponding Domain registry, including any legal oder regulatodery obligations.
The Platfoderm will provide Domain transaction Dienstleistungs in accoderdance with this Agreement und strive to protect user interests.
The Platfoderm reserves the right to verify user identity, payment legitimacy, und transaction authenticity.
The Platfoderm retains the right to update, adjust, oder remove Kaufen Neinw Domains from listing at its sole discretion und without prioder notice.
Wenn any fraudulent oder abusive behavioder is detected, the Platfoderm reserves the right to suspend oder terminate Dienstleistungs to the user.
The Platfoderm does not make any guarantees regarding the future value, resale potential, oder commercial use of any Domain Kaufd.
The Platfoderm is not liable foder delays caused by registries, third-party providers, oder external systems beyond its control.
The Platfoderm shall not be held responsible foder Dienstleistung interruptions, data loss, oder failed transactions resulting from foderce majeure events oder uncontrollable technical issues, though reasonable effoderts will be made to assist the User in resolving any such issues.
This Agreement shall be governed by und construed in accoderdance with the laws of Hongkong.
Any dispute arising from the execution oder perfodermance of this Agreement shall be resolved through amicable negotiation. Wenn negotiation fails, either party may submit the dispute to the competent court located in the jurisdiction of the Platfoderm’s headquarters.
This Agreement becomes effective upon the User’s submission of a Kaufen Neinw Domain oderder.
The Platfoderm reserves the right to amend this Agreement at any time. Updated versions will be published on the Platfoderm’s “Vereinbarungen†page und shall take immediate effect. Continued use of the Dienstleistung constitutes acceptance of the revised terms.
This Unifoderm Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Coderpoderation foder Assigned Names und Numbers ("ICANN"), is incoderpoderated by reference into Ihr Registrierung Agreement, und sets foderth the terms und conditions in connection with a dispute between you und any party other than us (the registrar) over the registration und use of an Internet Domain name registrierened by you. Proceedings under Paragraph 4 of this Policy will be conducted accoderding to the Rules foder Unifoderm Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available hier, und the selected administrative-dispute-resolution Dienstleistung provider's supplemental rules.
2. Your Representations
By applying to registrieren a Domain name, oder by asking us to maintain oder renew a Domain name registration, you hierby represent und warrant to us that (a) the statements that you made in Ihr Registrierung Agreement are complete und accurate; (b) to Ihr kjetztledge, the registration of the Domain name will not infringe upon oder otherwise violate the rights of any third party; (c) you are not registrierening the Domain name foder an unlawful purpose; und (d) you will not kjetztingly use the Domain name in violation of any applicable laws oder regulations. It is Ihr responsibility to determine whether Ihr Domain name registration infringes oder violates someone else's rights.
3. Abbrechenlations, Transfers, und Changes
We will cancel, transfer oder otherwise make changes to Domain name registrations under the following circumstances:
1. subject to the provisions of Paragraph 8, our receipt of written oder appropriate electronic instructions from you oder Ihr authoderized agent to take such action;
2. our receipt of an oderder from a court oder arBitral tribunal, in each case of competent jurisdiction, requiring such action; und/oder
3. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party und which was conducted under this Policy oder a later version of this Policy adopted by ICANN. (See Paragraph 4(i) und (k) below.)
4. We may also cancel, transfer oder otherwise make changes to a Domain name registration in accoderdance with the terms of Ihr Registrierung Agreement oder other legal requirements.
4. Mundatodery Administrative Proceeding
This Paragraph sets foderth the type of disputes foder which you are required to submit to a mundatodery administrative proceeding. These proceedings will be conducted befodere one of the administrative-dispute-resolution Dienstleistung providers listed hier (each, a "Provider").
1. Applicable Disputes. You are required to submit to a mundatodery 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. Ihr Domain name is identical oder confusingly similar to a trademark oder Dienstleistung mark in which the complainant has rights; und
2. you have no rights oder legitimate interests in respect of the Domain name; und
3. Ihr Domain name has been registrierened und 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 Registrierung und Use in Schlecht Faith. Foder 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 und use of a Domain name in bad faith:
1. circumstances indicating that you have registrierened oder you have acquired the Domain name primarily foder the purpose of selling, renting, oder otherwise transferring the Domain name registration to the complainant who is the owner of the trademark oder Dienstleistung mark oder to a competitoder of that complainant, foder valuable consideration in excess of Ihr documented out-of-pocket costs directly related to the Domain name; oder
2. you have registrierened the Domain name in oderder to zurückent the owner of the trademark oder Dienstleistung mark from reflecting the mark in a coderresponding Domain name, provided that you have engaged in a pattern of such conduct; oder
3. you have registrierened the Domain name primarily foder the purpose of disrupting the business of a competitoder; oder
4. by using the Domain name, you have intentionally attempted to attract, foder commercial gain, Internet users to Ihr web site oder other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsodership, affiliation, oder endodersement of Ihr web site oder location oder of a product oder Dienstleistung on Ihr web site oder location.
3. How to Demonstrate Your Rights to und Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how Ihr 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 Ihr rights oder legitimate interests to the Domain name foder purposes of Paragraph 4(a)(ii):
1. befodere any notice to you of the dispute, Ihr use of, oder demonstrable preparations to use, the Domain name oder a name coderresponding to the Domain name in connection with a bona fide offering of goods oder Dienstleistungs; oder
2. you (as an individual, business, oder other oderganization) have been commonly kjetztn by the Domain name, even if you have acquired no trademark oder Dienstleistung mark rights; oder
3. you are making a legitimate noncommercial oder fair use of the Domain name, without intent foder commercial gain to misleadingly divert consumers oder to tarnish the trademark oder Dienstleistung 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 und Process und Appointment of Administrative Panel. The Rules of Procedure state the process foder initiating und conducting a proceeding und foder appointing the panel that will decide the dispute (the "Administrative Panel").
6. Consolidation. In the event of multiple disputes between you und a complainant, either you oder the complainant may petition to consolidate the disputes befodere 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 befodere it any oder all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy oder a later version of this Policy adopted by ICANN.
7. Fees. Alle fees charged by a Provider in connection with any dispute befodere an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases whier you elect to expund 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 und the complainant.
8. Unsere Involvement in Administrative Proceedings. We do not, und will not, participate in the administration oder conduct of any proceeding befodere 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 befodere an Administrative Panel shall be limited to requiring the cancellation of Ihr Domain name oder the transfer of Ihr Domain name registration to the complainant.
10. Neintification und Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a Domain name you have registrierened with us. Alle decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact podertions of its decision.
11. Availability of Court Proceedings. The mundatodery administrative proceeding requirements set foderth in Paragraph 4 shall not zurückent either you oder the complainant from submitting the dispute to a court of competent jurisdiction foder independent resolution befodere such mundatodery administrative proceeding is commenced oder after such proceeding is concluded. Wenn an Administrative Panel decides that Ihr Domain name registration should be canceled oder transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are infodermed by the applicable Provider of the Administrative Panel's decision befodere 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 oder of Ihr address as shown in our Whois database. See Paragraphs 1 und 3(b)(xiii) of the Rules of Procedure foder details.) Wenn we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, und we will take no further action, until we receive (i) evidence satisfactodery to us of a resolution between the parties; (ii) evidence satisfactodery to us that Ihr lawsuit has been dismissed oder withdrawn; oder (iii) a copy of an oderder from such court dismissing Ihr lawsuit oder oderdering that you do not have the right to continue to use Ihr Domain name.
5. Alle other disputes und litigation
Alle other disputes between you und any party other than us regarding Ihr Domain name registration that are not brought pursuant to the mundatodery administrative proceeding provisions of Paragraph 4 shall be resolved between you und such other party through any court, arBitration oder other proceeding that may be available.
6. Unsere involvement in disputes
We will not participate in any way in any dispute between you und any party other than us regarding the registration und use of Ihr Domain name. You shall not name us as a party oder 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 und all defenses deemed appropriate, und to take any other action necessary to defend ourselves.
7. Maintaining status quo
We will not cancel, transfer, activate, deactivate, oder otherwise change the status of any Domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers during a dispute
Transfers of a Domain Name to a Neu Holder
You may not transfer Ihr Domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 oder foder a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; oder (ii) during a pending court proceeding oder arBitration commenced regarding Ihr Domain name unless the party to whom the Domain name registration is being transferred agrees, in writing, to be bound by the decision of the court oder arBitratoder. We reserve the right to cancel any transfer of a Domain name registration to another holder that is made in violation of this subparagraph.
Changing Kanzlers
You may not transfer Ihr Domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 oder foder 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 Ihr Domain name registration to another registrar during a pending court action oder arBitration, provided that the Domain name you have registrierened with us shall continue to be subject to the proceedings commenced against you in accoderdance with the terms of this Policy. In the event that you transfer a Domain name registration to us during the pendency of a court action oder arBitration, such dispute shall remain subject to the Domain name dispute policy of the registrar from which the Domain 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 befodere 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 Domain name registration dispute, whether the dispute arose befodere, on oder after the effective date of our change. In the event that you object to a change in this Policy, Ihr sole remedy is to cancel Ihr Domain 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 Ihr Domain name registration.
]]>You must demonstrate Legitimate Interest in the NPRD you seek in a manner that does not jeopardize the fundamental interests, rights und freedoms of the relevant data subject, consistent with GDPR oder other applicable privacy laws, by conducting a 3-part balancing test ("Legitimate Interest Assessment" oder "LIA") und submitting Ihr results foder review by NiceNIC. An learn modere about LIA, please consult Ihr legal advisoders oder review help articles at the UK Infodermation Commission’s Office.
The fundamental rights und freedoms of relevant data subjects outweigh the legitimate interest of a third party when other reasonable und less-intrusive mechanisms are available.
You must demonstrate that you have implemented appropriate technical und oderganizational measures to ensure that any NPRD received through this process will be perfodermed in a manner compliant with GDPR oder other applicable privacy laws. Hinzufügenitionally, NiceNIC, at its discretion but at Ihr expense, may require an audit of Ihr data processing practices to ensure such practices comply with GDPR oder other applicable privacy laws.
1. Overview
These terms of use ("AI Begriffs of Use") govern Ihr use of any AI products, features, Dienstleistungs und/oder tools offered by www.unionroom.cn.
2. Content
1) Your Content. You may provide input to the AI Services ("Input") und receive output from the AI Services based on the Input ("Output"). Input und Output are collectively "Content". You are responsible foder Content, including ensuring that it does not violate any applicable law oder these AI Begriffs of Use. We own all rights, title, und interest in und to the services that we provided.
2) As between you und www.unionroom.cn, und to the extent permitted by applicable law, you (a) retain Ihr ownership rights in Input und (b) own the Output. We hierby assign to you all our right, title, und interest, if any, in und to Output. You represent und warrant that you have all rights, licenses, und permissions needed to provide Input to our AI Services.
3) We may use Content to provide, maintain, develop, und improve our Services, comply with applicable law, enfoderce our terms und policies, to market und advertise our Services und 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, oder facts. Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth oder factual infodermation, oder as a substitute foder professional advice.
5) www.unionroom.cn also does not review the Content foder accuracy, bias oder intellectual property rights clearance. www.unionroom.cn makes no representation, warranty oder guarantee as to the accuracy oder reliability of the AI Services oder whether the Output may infringe on third-party intellectual property rights.
6) By using the AI Services, you understund und agree:
A. Output may not always be accurate. You should not rely on Output from our AI Services as a sole source of truth oder factual infodermation, oder as a substitute foder professional advice.
B. You must evaluate Output foder accuracy und appropriateness foder Ihr use case, including using human review as appropriate, befodere using oder sharing Output from the AI Services.
C. You must not use any Output relating to a person foder any purpose that could have a legal oder material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, oder other impodertant decisions about them.
D. Unsere AI Services may provide incomplete, incoderrect, oder offensive Output that does not represent www.unionroom.cn’s views. Wenn Output references any third party products oder Dienstleistungs, it doesn’t mean the third party endoderses oder is affiliated with www.unionroom.cn.
7) Outputs may not be unique across users und the AI Services may generate the same oder similar Outputs foder other users.
8) www.unionroom.cn may use technology provided by third-party Dienstleistung providers to provide AI Services. Neintwithstunding anything to the contrary contained hierin, you authoderize www.unionroom.cn und such third-party Dienstleistung providers to stodere und use Ihr Input foder the purposes of providing you with the AI Services, to review Inputs und Outputs foder abuse oder misuse, und to develop und improve the Dienstleistungs und products of www.unionroom.cn und such Dienstleistung providers, including as part of the design, training und development process foder machine learning models.
3. Begriffination und Suspension
Begriffination. We reserve the right to suspend oder terminate Ihr access to our AI Services oder delete Ihr account if we determine:
1) You breached these AI Begriffs of Use.
2) We must do so to comply with the law.
3) Your use of our Services could cause risk oder harm to www.unionroom.cn, our users, oder anyone else.
4. Disclaimers
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OUTPUTS OF THE AI SERVICES HAVE NOT BEEN REVIEWED FODER ACCURACY, BIAS, EXPLAINABILITY ODER INTELLECTUAL PROPERTY RIGHTS CLEARANCE. www.unionroom.cn MAKES NO REPRESENTATION, WARRANTY ODER GUARANTEE AS TO THE ACCURACY, RELIABILITY, ODER ERRODER-FREE PERFODERMANCE OF THE AI SERVICES, INCLUDING (WITHOUT LIMITATION) WHETHER OUTPUTS MAY INFRINGE, MISAPPROPRIATE ODER 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 ODER FACTUAL INFODERMATION, ODER AS A SUBSTITUTE FODER PROFESSIONAL ADVICE.
YOU SHOULD SEEK INDEPENDENT PROFESSIONAL ADVICE BEFODERE YOU RELY ON ANY OUTPUT GENERATED BY THE AI SERVICES.
5. Limitation on Liability
IN NO EVENT SHALL www.unionroom.cn, ITS OFFICERS, DIRECTODERS, EMPLOYEES, AGENTS, ODER ANY THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU ODER ANY OTHER PERSON ODER ENTITY FODER ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, ODER CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM ANY OUTPUTS CREATED USING THE AI SERVICES.
THE FODEREGOING LIMITATION OF LIABILITY SHALL SURVIVE ANY TERMINATION ODER EXPIRATION OF THIS AGREEMENT ODER YOUR USE OF THIS SITE, THE AI SERVICES ODER 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 Kanzler of Recoderd und the Kanzler of Recoderd has not explicitly denied the transfer request, the default action will be that the Kanzler of Recoderd must allow the transfer to proceed.
Upon denying a transfer request foder any of the following reasons, the Kanzler of Recoderd must provide the Registrierened Name Holder und the potential Gaining Kanzler with the reason foder denial. The Kanzler of Recoderd may deny a transfer request only in the following specific instances:
YOU AGREE THAT WE WILL NOT BE LIABLE FODER ANY (1) SUSPENSION ODER LBetriebssystemS OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES ODER INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS ODER ACCESS INTERRUPTIONS TO OUR SITE ODER SERVICES ODER DELAYS ODER ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LBetriebssystemS ODER LIABILITY RESULTING FROM ACTS OF ODER EVENTS BEYOND OUR CONTROL INCLUDING , BUT NOT LIMITED TO ANY ERRODERS ODER TECHNICAL ISSUES OF ANY DOMAIN NAME REGISTRY ODER OTHER THIRD PARTY PROVIDER, (6) DATA NON-DELIVERY, MIS-DELIVERY, CODERRUPTION, DESTRUCTION ODER OTHER MODIFICATION; (7) ODER LBetriebssystemS ODER LIABILITY RESULTING FROM THE UNAUTHODERIZED USE ODER MISUSE OF YOUR ACCOUNT IDENTIFIER ODER PASSWODERD.
YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FODER ANY INDIRECT, SPECIAL, INCIDENTAL, ODER CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LBetriebssystemT PROFITS) ODER FODER ANY FINANCIAL ODER ECONOMIC LBetriebssystemS ODER FODER LBetriebssystemS OF PROFITS, LBetriebssystemS OF BUSINESS, DEPLETION OF GOODWILL ODER SIMILAR LBetriebssystemSES, LBetriebssystemS OF ANTICIPATED SAVINGS ODER LBetriebssystemS ODER CODERRUPTION OF DATA ODER INFODERMATION, REGARDLESS OF THE FODERM OF ACTION WHETHER IN CONTRACT, TODERT (INCLUDING NEGLIGENCE), ODER OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE PBetriebssystemSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FODER THE USE OF THE SERVICES, BUT IN NO EVENT GREATER THAN THE AMOUNT FODER THE PRIODER 1 MONTH OF SERVICES PAID FODER UNDER THIS AGREEMENT.
24. General
You may not assign any of Ihr rights oder privileges, oder delegate any of Ihr duties oder obligations hierunder, in whole oder in part, by operation of law oder otherwise, to any third party without our prioder written consent. We may at any time assign, transfer, charge, sub-contract this Agreement. This Agreement shall be binding upon und inure to the benefit of the parties hierto und their respective permitted successoders und assigns.
www.unionroom.cn reserves the right, in its sole und absolute discretion, to change oder modify this Agreement, und any policies oder agreements which are incoderpoderated hierin, at any time und without notice. Any such changes oder modification shall be effective immediately upon posting to the Site. Wenn 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 oder continue to use the Services. You agree that Ihr exclusive remedy is to transfer Ihr Services to another registrar oder request us to terminate Ihr Services under this Agreement. www.unionroom.cn may occasionally notify you of changes oder modifications to this Agreement oder the Services by email so it is very impodertant that you keep Ihr account infodermation current und up to date. www.unionroom.cn is not responsible und assumes no liability foder Ihr failure to receive an email notification if such failure results from inaccurate oder out-dated account infodermation.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hierin und supersedes all prioder understundings und agreements between the parties, whether written oder oderal, regarding the subject matter hierin. Any of the provisions of this Agreement which are determined to be invalid oder unenfoderceable in any jurisdiction shall be ineffective to the extent of such invalidity oder unenfoderceability in such jurisdiction, without rendering invalid oder unenfoderceable the remaining provisions hierof oder affecting the validity oder unenfoderceability of any of the terms of this Agreement in any other jurisdiction. A waiver by either party of a breach oder violation of any provision of this Agreement will not constitute oder be construed as a waiver of any subsequent breach oder violation of that provision oder as a waiver of any breach oder violation of any other provision of this Agreement. The headings contained in this Agreement are foder convenience only und shall not affect meaning oder interpretation of this Agreement.
25. Neintices
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 accoderdance with the Account und/oder WHOIS infodermation you have provided.
26. Governing Law
This Agreement und its subject matter shall be governed in accoderdance with the laws of Hongkong und subject to the exclusive jurisdiction of the Hongkong courts without regard to conflict of laws und principles contained thierin with the exception of disputes related to this Agreement which fall under UDRP, URS, oder similar dispute resolution process as defined by various Registry policies incoderpoderated oder made reference to hierin.
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1.3 The Registrant ackjetztledges und agrees that the Kanzler shall monitoder the status of Domänennamen registrierened through the Kanzler und shall, at its own initiative oder on receipt of complaint, conduct checks to verify whether a Domain Name is being used in connection with phishing oder "spam" advertising. The Kanzler shall delete oder suspend a Domain Name if so directed by HKIRC. HKIRC may issue such a direction on receipt of any notice from any government oder law enfodercement authoderity (including without limitation the Hongkong Police Foderce oder the Office of Telecommunications Authoderity) that the use of the Domain Name is in breach of any laws, directives, guidelines, codes of practice oder regulations issued by such local authoderities, oder if, in HKIRC's reasonable belief, the continuation of registration of the Domain Name oder the operation of web site referenced by the Domain Name is likely to damage oder adversely affect the goodwill, reputation und operation of HKIRC oder the Domain name industry in Hongkong, oder may expose HKIRC to risks of third party claims oder civil oder criminal prosecution.
Foder modere infodermation about .HK Domain registration, please refer to the latest version of HKIRC Registrierung 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 Dienstleistung provider shall be final und binding on the Registrant und 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 und non-statutodery coderpoderation designated by the Hong-Kong Government to administer the registration of Internet Domain names under .hk und .香港 country-code top level Domains. Foder any comments oder complaints against NICENIC INTERNATIONAL GROUP CO., LTD regarding its accreditation’s compliance, please find hier useful infodermation: HKIRC Dispute Resolution Policies - https://www.hkirc.hk/en/our_suppodert/Domain_dispute_policies_und_procedures/Domain_name_dispute_resolution_policies/; HKIRC DNDRP Rules of Procedure - https://www.hkirc.hk/en/our_suppodert/Domain_dispute_policies_und_procedures/rules_of_procedures/; oder E-Mail address: info@hkirc.hk.
6 REGISTRANT WARRANTIES
The Registrant ackjetztledges that the Kanzler und HKIRC rely on all representations made und warranties given by the Registrant in determining if the application foder a Domain Name should be approved.
Foder modere infodermation about "Acceptable Use Policy", please refer to https://www.hkirc.hk/Domain_policies/EN_Domain_Name_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. Neinw that you have met the requirements of ICANN, our team is looking foderward to assisting you in completing the Verisign certification process so you can quickly begin registrierening .com und .net Domain names. We hope this suppodert will prove to be helpful in reducing the investment of Ihr internal resources und time."
PIR:
"ICANN has infodermed .ORG, managed by the Public Interest Registry (PIR) that you have recently completed Ihr ICANN accreditation to become a registrar und 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 Ihr agreement with them. Thier hasn't been a better time to become involved with .tel Domains und we are pleased to assist you in becoming accredited as a participating .tel registrar."
ICM:
"Congrats on Ihr recent ICANN Akkreditierung..."
Neustar:
"We have been notified that Ihr company is jetzt ICANN-accredited as a .BIZ registrar. Neustar looks foderward to getting Ihr company up und running as soon as possible!"
Mehr registries will be notified by ICANN foder the coderresponding Domain names signed in the RAA in the weiter days, we NiceNIC have been staying foder the disposal of sign-up/accreditation process, striving to save time und expedite each step if possible. The concerned technical staffs have been arranged to re-set the product prices to a modere competitive level. Detailed infodermation will come out when available.
Flying with the strong momentum, our English version website www.unionroom.cnwas launched with her unique style of "Keep Internet Simple Stupid" (acronym "KISS"), und dedicated to offer clients easy to navigate, fast to locate Dienstleistungs in Domain name registration, web hosting Kauf, 1 to 1 customer suppodert.
Stunding at the peak of internet infrastruture, we firstly need to appreciate every client, und every website viewer who ever stayed hier, without Ihr persistant suppodert und comprehension, we are nothing, hope 2012 will bring you und Ihr family lucky, happy, healthy life.
http://www.icann.org/registrar-repoderts/accreditation-qualified-list.html
http://www.icann.org/registrar-repoderts/accredited-list.html
http://www.internic.com/alpha.html
| ZhuHai NaiSiNiKe Infodermation Technology Co Ltd. | 2009 | China | .asia .biz .com .info .mobi .name .net .org .tel .xxx |
Alle the best,
www.unionroom.cn Team
ZhuHai NaiSiNiKe Infodermation 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 foder Enfodercement concerning a dispute under this Dispute Resolution Policy.
1.2 Dispute Resolution Provider
1.3 The Dispute Resolution Provider must be an independent und neutral third party that is neither associated noder affiliated with either Kanzler involved in the dispute oder the Registry Operatoder under which the disputed Domain name is registrierened. ICANN shall have the authoderity to accredit one oder modere independent und neutral Dispute Resolution Providers accoderding to criteria developed in accoderdance with this Dispute Resolution Policy.
1.4 FOA
Foderm of Authoderization - The stundardized foderm of consent that the Gaining Kanzler und Kanzler of Recoderd are required to use to obtain authoderization from the Registrant oder Administrative Kontakt in oderder to properly process the transfer of Domain name sponsodership from one Kanzler to another.
1.5 Gaining Kanzler
The Kanzler that submitted to the Registry the request foder the transfer of a Domain sponsodership from the Kanzler of Recoderd.
1.6 Kanzler of Recoderd
The Kanzler of Recoderd foder a Domain name foder which the Registry received a transfer of sponsodership request.
1.7 Registrant
The Registrant is the individual oder oderganization that registrierens a specific Domain name. This individual oder oderganization holds the right to use that specific Domain name foder a specified period of time, provided certain conditions are met und the registration fees are paid. This person oder oderganization is the "legal entity" bound by the terms of the relevant Dienstleistung agreement with the Registry operatoder foder the TLD in question.
1.8 Registry (Registry Operatoder)
The oderganization authoderized by ICANN to provide registration Dienstleistungs foder a given TLD to ICANN-accredited Kanzlers.
1.9 Supplemental Rules
The Supplemental Rules shall mean those rules adopted by the Registry Operatoder, in the case of First Niveau disputes (as set foderth below), oder 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 und shall cover topics such as fees, woderd und page limits und guidelines, the means foder communicating with the Provider, und the foderm of cover sheets.
1.10 Transfer Policy
The Policy on Transfer of Sponsodership of Registrierungs between Kanzlers which is in foderce as part of the Registry-Kanzler Agreement executed between a Kanzler und the Registry, as well as the Kanzler Akkreditierung Agreement which is executed between ICANN und all ICANN- accredited registrars.
2. Dispute Resolution Process
Thier are two possible steps to the Kanzler Transfer Dispute Resolution Process. A Kanzler may elect one oder both of the steps pursuant to the rules below. In the event a Kanzler either files a Request foder Enfodercement (as described below) with a Second-Niveau Dispute Provider, oder files an Appeal (as described below) with a Dispute Provider, it may not revert to the First-Niveau Registry option later foder the same filing oder matter presented foder resolution.
2.1 First Niveau - Registry Operatoder
A Kanzler may choose to file a dispute directly with the relevant Registry Operatoder. Any decisions made by the Registry Operatoder may be appealed to a Dispute Resolution Provider. A Kanzler may file a dispute directly to a Dispute Resolution Provider; however, in that case the filing Kanzler would foderfeit any right to appeal the decision of the Dispute Resolution Provider.
2.2 Second-Niveau - Dispute Resolution Panel
The primary intent of this step is to provide a means foder 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 whier a Kanzler of Recoderd 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 whier a Gaining Kanzler 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 Niveau (Registry)
3.1 Kanzler files a Request foder Enfodercement with the applicable Registry Operatoder
3.1.1 Either the Gaining oder Kanzler of Recoderd ("Filing Kanzler") may submit a Request foder Enfodercement. This must be done in accoderdance with the Supplemental Rules adopted by the applicable Registry Operatoder.
3.1.2 The Request foder Enfodercement shall be submitted to the Registry und to the Respondent (the Neinn-filing Kanzler) in electronic foderm und shall:
(i) Request that the Request foder Enfodercement be submitted foder decision in accoderdance with the Kanzler Transfer und Dispute Resolution Policy und the applicable Supplemental Rules;
(ii) Provide the name, postal und e-mail addresses, und the telephone und fax numbers of the Filing Kanzler und those representatives authoderized by the Filing Kanzler to act on behalf of the Filing Kanzler in the administrative proceeding;
(iii) Provide the name of the Respondent und all infodermation (including any postal und e-mail addresses und telephone und fax numbers) kjetztn to Filing Kanzler regarding how to contact Respondent oder any representative of Respondent, including contact infodermation based on pre-complaint dealings;
(iv) Specify the Domain name(s) that is/are the subject of the Request foder Enfodercement;
(v) Specify the incident(s) that gave rise to the dispute;
(vi) Describe, in accoderdance with the Policy, the grounds on which the Request foder Enfodercement is based;
(vii) State the specific remedy being sought (either approval oder denial of the transfer);
(viii) Identify any other legal proceedings that have been commenced oder terminated in connection with oder relating to any of the Domain name(s) that are the subject of the complaint;
(ix) Certify that a copy of the Request foder Enfodercement, together with the cover sheet as prescribed by the Provider's Supplemental Rules, has been sent oder transmitted to the Respondent; und
(x) Conclude with the following statement followed by the signature of the Complainant oder its authoderized representative:
"<insert name of Filing Kanzler> agrees that its claims und remedies concerning the registration of the Domain name, the dispute, oder the dispute's resolution shall be solely against the Respondent und waives all such claims und remedies against the Registry Operatoder as well as its directoders, officers, employees, und agents, except in the case of deliberate wrongdoing oder gross negligence."
"<insert name of Filing Kanzler> certifies that the infodermation contained in this Request foder Enfodercement is to the best of Filing Kanzler's kjetztledge complete und accurate, that this Request foder Enfodercement is not being presented foder any improper purpose, such as to harass, und that the assertions in this Request foder Enfodercement are warranted under this Policy und under applicable law, as it jetzt exists oder as it may be extended by a good-faith und reasonable argument."3.1.3 The Request foder Enfodercement may relate to modere than one Domain name, provided that the Domain names involve the same Filing Kanzler und Respondent und that the claims arise out of the same oder similar factual circumstances.
3.1.4 The Request foder Enfodercement shall annex the following documentary evidence (as applicable und available) in electronic foderm if possible, together with a schedule indexing such evidence:
(i) Foder the Gaining Kanzler:
a. Completed Foderm of Authoderization ("FOA")
b. Copy of the Whois output foder the date transfer was initiated, which was used to identify the authoderized Transfer Kontakts
c. Copy of evidence of identity used
d. Copy of a bilateral agreement, final determination of a dispute resolution body oder court oderder in cases when the Registrant of Recoderd is being changed simultaneously with a Kanzler Transfer
e. Copies of all communications made to the Kanzler of Recoderd with regard to the applicable transfer request along with any responses from the Kanzler of Recoderd
(ii) Foder the Kanzler of Recoderd:
a. Completed FOA from Kanzler of Recoderd if applicable
b. Copy of the Whois output foder the date the transfer was initiated
c. Relevant histodery 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 Kanzler with regard to the applicable transfer request along with any responses from the Gaining Kanzler.
3.2 The Neinn-Filing Kanzler ("Respondent") shall have seven (7) calendar days from receipt of the Request foder Enfodercement to prepare a Response to the Request foder Enfodercement ("Response").
3.2.1 The Response shall be submitted in electronic foderm to both the Registry und Filing Kanzler und shall:
(i) Respond specifically to the statements und allegations contained in the Request foder Enfodercement (This podertion of the response shall comply with any woderd oder page limit set foderth in the Dispute Resolution Provider's Supplemental Rules.);
(ii) Provide the name, postal und e-mail addresses, und the telephone und fax numbers of the Respondent (non-filing Kanzler);
(iii) Identify any other legal proceedings that have been commenced oder terminated in connection with oder relating to any of the Domain name(s) that are the subject of the Request foder Enfodercement;
(iv) State that a copy of the Response has been sent oder transmitted to the Filing Kanzler;
(v) Conclude with the following statement followed by the signature of the Respondent oder its authoderized representative:
"Respondent certifies that the infodermation contained in this Response is to the best of Respondent's kjetztledge complete und accurate, that this Response is not being presented foder any improper purpose, such as to harass, und that the assertions in this Response are warranted under these Rules und under applicable law, as it jetzt exists oder as it may be extended by a good-faith und reasonable argument."; und
(vi) Annex any documentary oder other evidence upon which the Respondent relies, together with a schedule indexing such documents.
3.2.2 Bei the request of the Respondent, the Registry Operatoder may, in exceptional cases, extend the period of time foder the filing of the response, but in no case may the extension be modere 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 Operatoder.
3.2.3 Wenn a Respondent does not submit a response, in the absence of exceptional circumstances, the Registry Operatoder shall decide the dispute based upon the Request foder Enfodercement.
3.3 Registry Operatoder must review all applicable documentation und compare registrant/contact data with that contained within the authoderitative Whois database und reach a conclusion not later than 14 days after receipt of the Response.
3.3.1 Wenn the data included in the Request foder Enfodercement does not match the data listed in the authoderitative Whois, the Registry Operatoder must contact each Kanzler und require additional documentation.
3.3.2 Wenn the Gaining Kanzler cannot provide a complete FOA with data matching that contained within the authoderitative Whois database, then the Registry Operatoder shall find that the transfer should be reversed. In the case of a thick Registry, if the Kanzler of Recoderd's Whois is not accessible oder invalid, the Registry Operatoder's Whois should be used. In the case of a thin Registry, if the Kanzler of Recoderd's Whois is not accessible oder is invalid, the Registry Operatoder must notify ICANN und place the dispute on hold until such time as the specific problem is resolved by ICANN.
3.3.3 In the case whier a Kanzler of Recoderd denies a request foder a Domain name transfer ("NACKs"), the Kanzler of Recoderd must provide evidence of one of the factoders foder which it is allowed to NACK. Wenn the Kanzler of Recoderd cannot provide evidence that demonstrates any of the factoders, und the Gaining Kanzler provides to the Registry a complete FOA with data matching that contained within the authoderitative Whois database, then the transfer must be approved to be processed.
3.3.4 Wenn the data provided by neither Kanzler appears to be conclusive, then the Registry shall issue a finding of "no decision." Wenn the data provided to the Registry is complete und provides sufficient basis foder a determination based on the Policy, the Registry may not issue a finding of "no decision." Either Kanzler shall be able to appeal such issue to a Second-Niveau Dispute Resolution Provider in accoderdance with the provisions set foderth below.
3.4 Fees foder First-Niveau Dispute Resolution Service
3.4.1 Thier is no filing fee assessed to the Filing Kanzler at the time the Request foder Enfodercement is submitted to the Registry Operatoder.
3.4.2 The Kanzler that does not zurückail in the dispute will be assessed a fee to be set by the Registry Operatoder. Such fee shall be set foderth in the Registry's Supplemental Rules that are in effect at the time that the Request foder Enfodercement 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 Operatoder shall collect the applicable fees from the Filing Kanzler.
3.5 Availability of Court Proceedings
The procedures set foderth above shall not zurückent a Kanzler from submitting a dispute to a court of competent jurisdiction foder independent resolution befodere such an administrative proceeding is commenced oder after such proceeding is concluded. Wenn a Registry Operatoder decides a Domain name registration should be transferred (either to the Gaining Kanzler, oder alternatively, back from the Gaining Kanzler to the Kanzler of Recoderd), the Registry will wait fourteen (14) calendar days after it is infodermed of the decision befodere 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 Domain name(s). Wenn such documentation is received by the Registry Operatoder within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented to the Registry Operatoder that the parties have resolved such dispute; (ii) evidence is presented to the Registry Operatoder that the lawsuit has been dismissed oder withdrawn; oder (iii) the Registry Operatoder receives a copy of an oderder from such court.
4. Dispute Procedures at the Second Niveau with a Dispute Resolution Provider
4.1 The Dienstleistungs of the Dispute Resolution Panel may be invoked in any of the following two situations:
(i) A Filing Kanzler may elect to skip the First-Niveau dispute process at Registry level und submit a Request foder Enfodercement directly with a Dispute Resolution Provider;
(ii) The non-zurückailing Kanzler in a First-Niveau dispute proceeding may submit an appeal of the applicable Registry Operatoder's decision to the Dispute Resolution Provider. Hinzufügenitionally, in the case whier the result in the First-Niveau dispute process is a "no-decision," either Kanzler may file an Appeal of such decision to a Dispute Resolution Provider.
4.2 Initial Request foder Enfodercement
4.2.1 In the event that the Filing Kanzler elects to submit a Request foder Enfodercement to the Dispute Resolution Provider in lieu of submitting a Request foder Enfodercement to the applicable Registry Operatoder, the obligations und responsibilities set foderth 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 und compare registrant/contact data with that contained within the authoderitative Whois database und reach a conclusion not later than thirty (30) days after receipt of Response from the Respondent.
(i) Wenn the data does not match the data listed in authoderitative Whois, the Dispute Resolution Panel should contact each Kanzler und require additional documentation.
(ii) Wenn the Gaining Kanzler is unable to provide a complete FOA with data matching that contained within the authoderitative 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 Kanzler of Recoderd's Whois is not accessible oder invalid, the applicable Registry Operatoder's Whois should be used. In the case of a thin Registry, if the Kanzler of Recoderd's Whois is not accessible oder is invalid, the Dispute Resolution Provider may place the dispute on hold until such time as the problem is resolved.
(iii) In the case whier a Kanzler of Recoderd NACKs a transfer, the Kanzler of Recoderd must provide evidence of one of the factoders foder which it is allowed to NACK as set foderth in Section 3.1.4 (ii) of this Dispute Resolution Policy. Wenn the Kanzler of Recoderd cannot provide evidence that demonstrates any of the factoders, und the Gaining Kanzler provides to the Dispute Resolution Provider a complete FOA with data matching that contained within the authoderitative Whois database at the time of the transfer request, then the transfer should be approved.
(iv) Unlike under the First-Niveau 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 und determine, based on a preponderance of the evidence, which Kanzler should zurückail in the dispute und what resolution to the Request foder Enfodercement will appropriately redress the issues set foderth in the Request foder Enfodercement.
(v) Resolution options foder the Dispute Resolution Panel are limited to the following:
a. Approve Transfer
b. Deny the Transfer (oder oderdering the Domain name be returned to the Kanzler of Recoderd in cases whier a Transfer has already occurred)
4.3 Appeal of First Niveau Dispute Decision oder Registry Operatoder Finding of "Nein-Decision."
4.3.1 In the event that the Kanzler which does not zurückail in the First-Niveau dispute is dissatisfied by the Registry-Operatoder's decision, such Kanzler 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-Niveau decision was issued.
4.3.2 In the event that the Registry Operatoder issues a finding of "no-decision" in accoderdance with Section 3.3.4 above, either Kanzler 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-Niveau decision was issued.
4.3.3 In either case, the document submitted by the Kanzler to the Dispute Resolution Provider shall be referred to as an "Appeal."
4.3.4 The Appellant shall submit the Appeal in electronic foderm und shall:
(i) Request that the Appeal be submitted foder decision in accoderdance with the Policy und these Rules;
(ii) Provide the name, postal und e-mail addresses, und the telephone und telefax numbers of the Appellant und of any representative authoderized by the Appellant to act on behalf of the Appellant in the administrative proceeding;
(iii) Provide the name of the Appellee und all infodermation (including any postal und e-mail addresses und telephone und telefax numbers) kjetztn to Appellee regarding how to contact Appellee oder any representative of Appellee, including contact infodermation based on pre-Request foder Enfodercement und pre-Appeal dealings;
(iv) Specify the Domain 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 foder such appeal, including specific responses to the findings of the Registry Operatoder in the First-Niveau Dispute process. (This podertion of the response shall comply with any woderd oder page limit set foderth in the Dispute Resolution Provider's Supplemental Rules);
(vii) Specify, in accoderdance with the Policy, the remedies sought;
(viii) Identify any other related legal proceedings kjetztn to the Appellant that have been commenced oder terminated in connection with oder relating to any of the Domain 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 oder transmitted to the Appellee; und
(x) Conclude with the following statement followed by the signature of the Appellant oder its authoderized representative:
"Appellant agrees that its claims und remedies concerning the registration of the Domain name, the dispute, oder the dispute's resolution shall be solely against the Appellee und waives all such claims und remedies against the Dispute Resolution Provider und the Registry Operatoder as well as their directoders, officers, employees, und agents, except in the case of deliberate wrongdoing oder gross negligence."
"Appellant certifies that the infodermation contained in this Appeal is to the best of Appellant's kjetztledge complete und accurate, that this Appeal is not being presented foder any improper purpose, such as to harass, und that the assertions in this Appeal are warranted under this Policy und under applicable law, as it jetzt exists oder as it may be extended by a good-faith und reasonable argument."
4.3.5 The Appeal may relate to modere than one Domain name, provided that the Domain names involve the same decision issued by the Registry Operatoder foder the First-Niveau Dispute.4.3.6 The Appeal shall annex any documentary evidence that was not already submitted to the Registry Operatoder during the First-Niveau Dispute.
4.3.7 A Dispute Resolution Provider must request all documentation relating to the First-Niveau Dispute from the applicable Registry Operatoder no later than seven (7) calendar days of receipt of the appeal. The Registry Operatoder 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 und 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 oder 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 Neinvo basis. Although the Dispute Resolution Panel is not bound by the findings of the Registry Operatoder 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 und determine the appropriate resolution to the issues presented.
4.4 Fees foder Second-Niveau Dispute Resolution Service
4.4.1 In the case of either a Request foder Enfodercement oder an Appeal filed at the Second Niveau, the applicable Dispute Resolution Provider shall determine the applicable filing fee ("Filing Fee"). The specific fees along with the terms und 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 Kanzler oder Appellant, whichever applicable, does not zurückail in a Second-Niveau dispute, the Filing Fees shall be retained by the Dispute Resolution Provider.
4.4.3 In the event that the Filing Kanzler oder Appellant, whichever applicable, zurückails in a Second-Niveau dispute, the Respondent oder 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 Kanzler oder Appellant, whichever applicable, the Filing Fees, no later than fourteen (14) calendar days after it receives the Filing Fees from the Respondent oder Appellee. Such fees must be paid regardless of whether a Court Proceeding is commenced in accoderdance 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 foderth above shall not zurückent a Kanzler from submitting a dispute to a court of competent jurisdiction foder independent resolution befodere such administrative proceeding is commenced oder after such proceeding is concluded. Wenn a Dispute Resolution Panel decides a Domain name registration should be transferred (either to the Gaining Kanzler, oder alternatively, back from the Gaining Kanzler to the Kanzler of Recoderd), such Kanzler will wait fourteen (14) calendar days after it is infodermed of the decision befodere 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 Domain name(s). Wenn 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 oder withdrawn; oder (iii) a copy of an oderder from such court dismissing the lawsuit oder oderdering certain actions with respect to the Domain name.
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1. Kanzler Requirements
Registrierened Name Holders must be able to transfer their Domain name registrations between Kanzlers provided that the Gaining Kanzler's transfer process meets the minimum stundards of this policy und that such transfer is not prohiBited by ICANN oder Registry policies. Inter-Kanzler Domain name transfer processes must be clear und concise in oderder to avoid confusion. Further, Kanzlers should make reasonable effoderts to infoderm Registrierened Name Holders of, und provide access to, the published documentation of the specific transfer process employed by the Kanzlers.
1.1 Transfer Authoderities
The Administrative Kontakt und the Registrierened Name Holder, as listed in the Losing Kanzler's oder applicable Registry's (whier available) publicly accessible WHOIS Dienstleistung are the only parties that have the authoderity to approve oder deny a transfer request to the Gaining Kanzler. In the event of a dispute, the Registrierened Name Holder's authoderity supersedes that of the Administrative Kontakt.
Kanzlers may use Whois data from either the Kanzler of Recoderd oder the relevant Registry foder the purpose of verifying the authenticity of a transfer request; oder from another data source as determined by a consensus policy.
2. Gaining Kanzler Requirements
Foder each instance whier a Registrierened Name Holder requests to transfer a Domain name registration to a different Kanzler, the Gaining Kanzler shall:
2.1 Obtain express authoderization from either the Registrierened Name Holder oder the Administrative Kontakt (hierafter, "Transfer Kontakt"). Hence, a transfer may only proceed if confirmation of the transfer is received by the Gaining Kanzler from the Transfer Kontakt.
2.1.1 The authoderization must be made via a valid Stundardized Foderm of Authoderization (FOA). Thier are two different FOA's available at the ICANN website. The FOA labeled "Initial Authoderization foder Kanzler Transfer" must be used by the Gaining Kanzler to request an authoderization foder a registrar transfer from the Transfer Kontakt. The FOA labeled "Bestätigenation of Kanzler Transfer Request" may be used by the Kanzler of Recoderd to request confirmation of the transfer from the Transfer Kontakt.
The FOA shall be communicated in English, und any dispute arising out of a transfer request shall be conducted in the English language. Kanzlers may choose to communicate with the Transfer Kontakt in additional languages. However, Kanzlers choosing to exercise such option are responsible foder the accuracy und completeness of the translation into such additional non-English version of the FOA.
2.1.2 In the event that the Gaining Kanzler relies on a physical process to obtain this authoderization, a paper copy of the FOA will suffice insofar as it has been signed by the Transfer Kontakt und further that it is accompanied by a physical copy of the Kanzler of Recoderd's Whois output foder the Domain name in question.
2.1.2.1 Wenn the Gaining Kanzler relies on a physical authoderization process, then the Gaining Kanzler assumes the burden of obtaining reliable evidence of the identity of the Transfer Kontakt und maintaining appropriate recoderds proving that such evidence was obtained. Further the Gaining Kanzler also assumes the burden foder ensuring that the entity making the request is indeed authoderized to do so. The acceptable foderms of physical identity are:
2.1.3 In the event that the Gaining Kanzler relies on an electronic process to obtain this authoderization the acceptable foderms of identity would include:
The Kanzler of Recoderd may not deny a transfer request solely because it believes that the Gaining Kanzler has not received the confirmation set foderth above.
A transfer must not be allowed to proceed if no confirmation is received by the Gaining Kanzler. The presumption in all cases will be that the Gaining Kanzler has received und authenticated the transfer request made by a Transfer Kontakt.
2.2 Request, by the transmission of a "transfer" commund as specified in the Kanzler Anol Kit, that the Registry Operatoder database be changed to reflect the new Kanzler.
2.2.1 Transmission of a "transfer" commund constitutes a representation on the part of the Gaining Kanzler that the requisite authoderization has been obtained from the Transfer Kontakt listed in the authoderitative Whois database.
2.2.2 The Gaining Kanzler is responsible foder validating the Registrierened Name Holder requests to transfer Domain names between Kanzlers. However, this does not preclude the Kanzler of Recoderd from exercising its option to independently confirm the Registrierened Name Holder's intent to transfer its Domain name to the Gaining Kanzler in accoderdance with Section 3 of this policy.
3. Obligations of the Kanzler of Recoderd
A Kanzler of Recoderd can choose independently to confirm the intent of the Registrierened Name Holder when a notice of a pending transfer is received from the Registry. The Kanzler of Recoderd must do so in a manner consistent with the stundards set foderth in this agreement pertaining to Gaining Kanzlers. In oderder to ensure that the foderm of the request employed by the Kanzler of Recoderd is substantially administrative und infodermative in nature und clearly provided to the Transfer Kontakt foder the purpose of verifying the intent of the Transfer Kontakt, the Kanzler of Recoderd must use the FOA.
The FOA shall be communicated in English, und any dispute arising out of a transfer request, shall be conducted in the English language. Kanzlers may choose to communicate with the Transfer Kontakt in additional languages. However, the Kanzler choosing to exercise such option is responsible foder the accuracy und completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes und procedures set foderth in this policy. This includes but is not limited to the requirement that no Kanzler shall add any additional infodermation 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 Kanzler of Recoderd from marketing to its existing customers through separate communications.
The FOA should be sent by the Kanzler of Recoderd 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 Operatoder.Failure by the Kanzler of Recoderd 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 Kanzler of Recoderd und the Kanzler of Recoderd has not explicitly denied the transfer request, the default action will be that the Kanzler of Recoderd must allow the transfer to proceed.
Upon denying a transfer request foder any of the following reasons, the Kanzler of Recoderd must provide the Registrierened Name Holder und the potential Gaining Kanzler with the reason foder denial. The Kanzler of Recoderd may deny a transfer request only in the following specific instances:
Instances when the requested change of Kanzler may not be denied include, but are not limited to:
The Kanzler of Recoderd has other mechanisms available to collect payment from the Registrierened Name Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the Kanzler of Recoderd must not employ transfer processes as a mechanism to secure payment foder Dienstleistungs from a Registrierened Name Holder. Exceptions to this requirement are as follows:
(i) In the case of non-payment foder zurückious registration period(s) if the transfer is requested after the expiration date, oder
(ii) In the case of non-payment of the current registration period, if transfer is requested befodere the expiration date.
4. Kanzler Cooderdination
Each Kanzler is responsible foder keeping copies of documentation, including the FOA und the Transfer Kontakts response thierto, that may be required foder filing und suppoderting a dispute under the dispute resolution policy. Gaining Kanzlers must maintain copies of the FOA as received from the Transfer Kontakt as per the stundard document retention policies of the contracts. Copies of the reliable evidence of identity must be kept with the FOA.
Both the Gaining Kanzler und the Kanzler of Recoderd must provide the evidence relied on foder the transfer during und after the applicable inter-registrar Domain name transaction(s). Such infodermation must be provided when requested by, und only by, the other Kanzler that is party to the transfer transaction. Hinzufügenitionally, ICANN, the Registry Operatoder, a court oder authoderity with jurisdiction over the matter oder a third party dispute resolution panel may also require such infodermation within five (5) days of the request.
The Gaining Kanzler must retain, und produce pursuant to a request by a Losing Kanzler, a written oder electronic copy of the FOA. In instances whier the Kanzler of Recoderd has requested copies of the FOA, the Gaining Kanzler must fulfill the Kanzler of Recoderds request (including providing the attendant suppoderting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds foder reversal by the Registry Operatoder oder the Dispute Resolution Panel in the event that a transfer complaint is filed in accoderdance with the requirements of this policy.
Wenn either a Kanzler of Recoderd oder a Gaining Kanzler does not believe that a transfer request was hundled in accoderdance with the provisions of this policy, then the Kanzler may initiate a dispute resolution procedure as set foderth in Section C of this policy.
Foder purposes of facilitating transfer requests, Kanzlers should provide und maintain a unique und private email address foder use only by other Kanzlers und the Registry:
i. This email address is foder issue related to transfer requests und the procedures set foderth 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 foder Kanzlers
In EPP-based gTLD Registries, Kanzlers must follow the requirements set foderth below.
Kanzlers must provide the Registrierened Name Holder with the unique "AuthInfo" code within five (5) calendar days of the Registrierened Name Holder's initial request if the Kanzler does not provide facilities foder the Registrierened Name Holder to generate und manage their own unique "AuthInfo" code.
Kanzlers may not employ any mechanism foder complying with a Registrierened Name Holder's request to obtain the applicable "AuthInfo Code" that is modere restrictive than the mechanisms used foder changing any aspect of the Registrierened Name Holder's contact oder name server infodermation.
The Kanzler of Recoderd must not refuse to release an "AuthInfo Code" to the Registrierened Name Holder solely because thier is a dispute between the Registrierened Name Holder und the Kanzler over payment.
Kanzler-generated "AuthInfo" codes must be unique on a per-Domain basis.
The "Auth-Info" codes must be used solely to identify a Registrierened Name Holder, whieras the FOA's still need to be used foder authoderization oder confirmation of a transfer request, as described in Section 2 und Section 4 of this policy.
6. Registry Requirements
Upon receipt of the "transfer" commund from the Gaining Kanzler, Registry Operatoder will transmit an electronic notification to both Kanzlers. 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 Kanzler foder the purpose of facilitating transfers.
The Registry Operatoder shall complete the requested transfer unless, within five (5) calendar days, Registry Operatoder receives a NACK protocol commund from the Kanzler of Recoderd.
When the Registry's database has been updated to reflect the change to the Gaining Kanzler, Registry Operatoder will transmit an electronic notification to both Kanzlers. The notification may be sent to the unique email address established by each Kanzler foder the purpose of facilitating transfers oder such other email address agreed to by the parties.
The Registry Operatoder shall undo a transfer if, after a transfer has occurred, the Registry Operatoder receives one of the notices as set foderth below. In such case, the transfer will be reversed und the Domain name reset to its oderiginal state. The Registry Operatoder 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 Operatoder 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 Kanzler of Recoderd und the Gaining Kanzler sent by email, letter oder fax that the transfer was made by mistake oder was otherwise not in accoderdance with the procedures set foderth in this policy;
ii. The final determination of a dispute resolution body having jurisdiction over the transfer; oder
iii. Order of a court having jurisdiction over the transfer.
7. Recoderds of Registrierung
Each Kanzler shall require its customer, the Registrierened Name Holder, to maintain its own recoderds appropriate to document und prove the initial Domain name registration date.
8. Effect on Begriff of Registrierung
The completion by Registry Operatoder of a holder-authoderized transfer under this Part A shall result in a one-Jahr extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) Jahre.
B. ICANN-Approved Transfers
Transfer of the sponsodership of all the registrations sponsodered by one Kanzler as the result of (i) acquisition of that Kanzler oder its assets by another Kanzler, oder (ii) lack of accreditation of that Kanzler oder lack of its authoderization with the Registry Operatoder, may be made accoderding to the following procedure:
(a) The gaining Kanzler must be accredited by ICANN foder the Registry TLD und must have in effect a Registry-Kanzler Agreement with Registry Operatoder foder the Registry TLD.
(b) ICANN must certify in writing to Registry Operatoder that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual oder imminent business failure of a Kanzler.
Upon satisfaction of these two conditions, Registry Operatoder will make the necessary one-time changes in the Registry database foder no charge, foder transfers involving 50,000 name registrations oder fewer. Wenn the transfer involves registrations of modere than 50,000 names, Registry Operatoder will charge the gaining Kanzler a one-time flat fee of US$ 50,000.
C. Transfer Dispute Resolution Policy
Procedures foder hundling disputes concerning inter-registrar transfers are set foderth in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operatoders und ICANN accredited Kanzlers.
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