This Agreement is made between you (hierinafter referred to as “Userâ€) und www.unionroom.cn (hierinafter referred to as “the Platformâ€). By using the Platform’s Kaufen Now Domain Sales Dienstleistung, you agree to be bound by the terms und conditions set forth hierin. If you do not agree, please do not proceed with any fixed-price domain Kauf through the Platform.
The Platform offers fixed-price domain names (“Kaufen Now Domainsâ€) for direct Kauf.
Alle Kaufen Now 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 Now†und proceeds to checkout.
Upon confirmation und full payment, the Platform initiates the transfer or delivery process.
The typical delivery time ranges from 1 to 14 business days, depending on registry processing und third-party provider operations.
If, for any reason, the selected domain becomes unavailable or undeliverable after Kauf, the Platform will issue a full refund to the user’s account balance.
Users have the right to Kauf available Kaufen Now Domains through the Platform.
Users must ensure that all provided account und payment information is accurate und lawful.
Users shall not engage in malicious activity, technical disruption, or behavior that interferes with the normal functioning of the Platform.
Upon acquiring a domain, the User agrees to comply with the applicable rules und policies of the corresponding domain registry, including any legal or regulatory obligations.
The Platform will provide domain transaction Dienstleistungs in accordance with this Agreement und strive to protect user interests.
The Platform reserves the right to verify user identity, payment legitimacy, und transaction authenticity.
The Platform retains the right to update, adjust, or remove Kaufen Now Domains from listing at its sole discretion und without prior notice.
If any fraudulent or abusive behavior is detected, the Platform reserves the right to suspend or terminate Dienstleistungs to the user.
The Platform does not make any guarantees regarding the future value, resale potential, or commercial use of any domain Kaufd.
The Platform is not liable for delays caused by registries, third-party providers, or external systems beyond its control.
The Platform shall not be held responsible for Dienstleistung interruptions, data loss, or failed transactions resulting from force majeure events or uncontrollable technical issues, though reasonable efforts will be made to assist the User in resolving any such issues.
This Agreement shall be governed by und construed in accordance with the laws of Hongkong.
Any dispute arising from the execution or performance of this Agreement shall be resolved through amicable negotiation. If negotiation fails, either party may submit the dispute to the competent court located in the jurisdiction of the Platform’s headquarters.
This Agreement becomes effective upon the User’s submission of a Kaufen Now domain order.
The Platform reserves the right to amend this Agreement at any time. Updated versions will be published on the Platform’s “Vereinbarungen†page und shall take immediate effect. Continued use of the Dienstleistung constitutes acceptance of the revised terms.
This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names und Numbers ("ICANN"), is incorporated by reference into Ihr Registrierung Agreement, und sets forth 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 according to the Rules for Uniform 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, or by asking us to maintain or 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 knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registrierening the domain name for an unlawful purpose; und (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is Ihr responsibility to determine whether Ihr domain name registration infringes or violates someone else's rights.
3. Abbrechenlations, Transfers, und Changes
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
1. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or Ihr authorized agent to take such action;
2. our receipt of an order from a court or arBitral tribunal, in each case of competent jurisdiction, requiring such action; und/or
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 or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) und (k) below.)
4. We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of Ihr Registrierung Agreement or other legal requirements.
4. Mundatory Administrative Proceeding
This Paragraph sets forth the type of disputes for which you are required to submit to a mundatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution Dienstleistung providers listed hier (each, a "Provider").
1. Applicable Disputes. You are required to submit to a mundatory 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 or confusingly similar to a trademark or Dienstleistung mark in which the complainant has rights; und
2. you have no rights or 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. For 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 or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or Dienstleistung mark or to a competitor of that complainant, for valuable consideration in excess of Ihr documented out-of-pocket costs directly related to the domain name; or
2. you have registrierened the domain name in order to zurückent the owner of the trademark or Dienstleistung mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
3. you have registrierened the domain name primarily for the purpose of disrupting the business of a competitor; or
4. by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to Ihr web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of Ihr web site or location or of a product or Dienstleistung on Ihr web site or 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 or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
1. before any notice to you of the dispute, Ihr use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or Dienstleistungs; or
2. you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or Dienstleistung mark rights; or
3. you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or 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 for initiating und conducting a proceeding und for 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 or the complainant may petition to consolidate the disputes before 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 before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
7. Fees. Alle fees charged by a Provider in connection with any dispute before 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 or conduct of any proceeding before 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 before an Administrative Panel shall be limited to requiring the cancellation of Ihr domain name or the transfer of Ihr domain name registration to the complainant.
10. Notification 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 portions of its decision.
11. Availability of Court Proceedings. The mundatory administrative proceeding requirements set forth in Paragraph 4 shall not zurückent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mundatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that Ihr domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before 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 or of Ihr address as shown in our Whois database. See Paragraphs 1 und 3(b)(xiii) of the Rules of Procedure for details.) If 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 satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that Ihr lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing Ihr lawsuit or ordering 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 mundatory administrative proceeding provisions of Paragraph 4 shall be resolved between you und such other party through any court, arBitration or 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 or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any 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, or 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 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or 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 or arBitrator. 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 or for 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 or arBitration, provided that the domain name you have registrierened with us shall continue to be subject to the proceedings commenced against you in accordance 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 or 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 before 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 before, on or 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 or other applicable privacy laws, by conducting a 3-part balancing test ("Legitimate Interest Assessment" or "LIA") und submitting Ihr results for review by NiceNIC. To learn more about LIA, please consult Ihr legal advisors or review help articles at the UK Information 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 organizational measures to ensure that any NPRD received through this process will be performed in a manner compliant with GDPR or 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 or other applicable privacy laws.
1. Overview
These terms of use ("AI Begriffs of Use") govern Ihr use of any AI products, features, Dienstleistungs und/or 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 for Content, including ensuring that it does not violate any applicable law or 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, enforce 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, or facts. Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
5) www.unionroom.cn also does not review the Content for accuracy, bias or intellectual property rights clearance. www.unionroom.cn makes no representation, warranty or guarantee as to the accuracy or reliability of the AI Services or 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 or factual information, or as a substitute for professional advice.
B. You must evaluate Output for accuracy und appropriateness for Ihr use case, including using human review as appropriate, before using or sharing Output from the AI Services.
C. You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
D. Unsere AI Services may provide incomplete, incorrect, or offensive Output that does not represent www.unionroom.cn’s views. If Output references any third party products or Dienstleistungs, it doesn’t mean the third party endorses or is affiliated with www.unionroom.cn.
7) Outputs may not be unique across users und the AI Services may generate the same or similar Outputs for other users.
8) www.unionroom.cn may use technology provided by third-party Dienstleistung providers to provide AI Services. Notwithstunding anything to the contrary contained hierin, you authorize www.unionroom.cn und such third-party Dienstleistung providers to store und use Ihr Input for the purposes of providing you with the AI Services, to review Inputs und Outputs for abuse or 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 for machine learning models.
3. Begriffination und Suspension
Begriffination. We reserve the right to suspend or terminate Ihr access to our AI Services or 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 or harm to www.unionroom.cn, our users, or anyone else.
4. Disclaimers
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OUTPUTS OF THE AI SERVICES HAVE NOT BEEN REVIEWED FOR ACCURACY, BIAS, EXPLAINABILITY OR INTELLECTUAL PROPERTY RIGHTS CLEARANCE. www.unionroom.cn MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE ACCURACY, RELIABILITY, OR ERROR-FREE PERFORMANCE OF THE AI SERVICES, INCLUDING (WITHOUT LIMITATION) WHETHER OUTPUTS MAY INFRINGE, MISAPPROPRIATE OR 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 OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
YOU SHOULD SEEK INDEPENDENT PROFESSIONAL ADVICE BEFORE YOU RELY ON ANY OUTPUT GENERATED BY THE AI SERVICES.
5. Limitation on Liability
IN NO EVENT SHALL www.unionroom.cn, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ANY THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM ANY OUTPUTS CREATED USING THE AI SERVICES.
THE FOREGOING LIMITATION OF LIABILITY SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE, THE AI SERVICES OR 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 Record und the Kanzler of Record has not explicitly denied the transfer request, the default action will be that the Kanzler of Record must allow the transfer to proceed.
Upon denying a transfer request for any of the following reasons, the Kanzler of Record must provide the Registrierened Name Holder und the potential Gaining Kanzler with the reason for denial. The Kanzler of Record may deny a transfer request only in the following specific instances:
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL INCLUDING , BUT NOT LIMITED TO ANY ERRORS OR TECHNICAL ISSUES OF ANY DOMAIN NAME REGISTRY OR OTHER THIRD PARTY PROVIDER, (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) OR LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.
YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) OR FOR ANY FINANCIAL OR ECONOMIC LOSS OR FOR LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL OR SIMILAR LOSSES, LOSS OF ANTICIPATED SAVINGS OR LOSS OR CORRUPTION OF DATA OR INFORMATION, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE USE OF THE SERVICES, BUT IN NO EVENT GREATER THAN THE AMOUNT FOR THE PRIOR 1 MONTH OF SERVICES PAID FOR UNDER THIS AGREEMENT.
24. General
You may not assign any of Ihr rights or privileges, or delegate any of Ihr duties or obligations hierunder, in whole or in part, by operation of law or otherwise, to any third party without our prior 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 successors und assigns.
www.unionroom.cn reserves the right, in its sole und absolute discretion, to change or modify this Agreement, und any policies or agreements which are incorporated hierin, at any time und without notice. Any such changes or modification shall be effective immediately upon posting to the Site. If 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 or continue to use the Services. You agree that Ihr exclusive remedy is to transfer Ihr Services to another registrar or request us to terminate Ihr Services under this Agreement. www.unionroom.cn may occasionally notify you of changes or modifications to this Agreement or the Services by email so it is very important that you keep Ihr account information current und up to date. www.unionroom.cn is not responsible und assumes no liability for Ihr failure to receive an email notification if such failure results from inaccurate or out-dated account information.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hierin und supersedes all prior understundings und agreements between the parties, whether written or oral, regarding the subject matter hierin. Any of the provisions of this Agreement which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable the remaining provisions hierof or affecting the validity or unenforceability of any of the terms of this Agreement in any other jurisdiction. A waiver by either party of a breach or violation of any provision of this Agreement will not constitute or be construed as a waiver of any subsequent breach or violation of that provision or as a waiver of any breach or violation of any other provision of this Agreement. The headings contained in this Agreement are for convenience only und shall not affect meaning or interpretation of this Agreement.
25. Notices
You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the Account und/or WHOIS information you have provided.
26. Governing Law
This Agreement und its subject matter shall be governed in accordance 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, or similar dispute resolution process as defined by various Registry policies incorporated or made reference to hierin.
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1.3 The Registrant acknowledges und agrees that the Kanzler shall monitor the status of Domänennamen registrierened through the Kanzler und shall, at its own initiative or on receipt of complaint, conduct checks to verify whether a Domain Name is being used in connection with phishing or "spam" advertising. The Kanzler shall delete or suspend a Domain Name if so directed by HKIRC. HKIRC may issue such a direction on receipt of any notice from any government or law enforcement authority (including without limitation the Hongkong Police Force or the Office of Telecommunications Authority) that the use of the Domain Name is in breach of any laws, directives, guidelines, codes of practice or regulations issued by such local authorities, or if, in HKIRC's reasonable belief, the continuation of registration of the Domain Name or the operation of web site referenced by the Domain Name is likely to damage or adversely affect the goodwill, reputation und operation of HKIRC or the domain name industry in Hongkong, or may expose HKIRC to risks of third party claims or civil or criminal prosecution.
For more information 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-statutory corporation designated by the Hong-Kong Government to administer the registration of Internet domain names under .hk und .香港 country-code top level domains. For any comments or complaints against NICENIC INTERNATIONAL GROUP CO., LTD regarding its accreditation’s compliance, please find hier useful information: HKIRC Dispute Resolution Policies - https://www.hkirc.hk/en/our_support/domain_dispute_policies_und_procedures/domain_name_dispute_resolution_policies/; HKIRC DNDRP Rules of Procedure - https://www.hkirc.hk/en/our_support/domain_dispute_policies_und_procedures/rules_of_procedures/; or E-Mail address: info@hkirc.hk.
6 REGISTRANT WARRANTIES
The Registrant acknowledges that the Kanzler und HKIRC rely on all representations made und warranties given by the Registrant in determining if the application for a Domain Name should be approved.
For more information 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. Now that you have met the requirements of ICANN, our team is looking forward to assisting you in completing the Verisign certification process so you can quickly begin registrierening .com und .net domain names. We hope this support will prove to be helpful in reducing the investment of Ihr internal resources und time."
PIR:
"ICANN has informed .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 now ICANN-accredited as a .BIZ registrar. Neustar looks forward to getting Ihr company up und running as soon as possible!"
Mehr registries will be notified by ICANN for the corresponding domain names signed in the RAA in the weiter days, we NiceNIC have been staying for 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 more competitive level. Detailed information 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 support.
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 support und comprehension, we are nothing, hope 2012 will bring you und Ihr family lucky, happy, healthy life.
http://www.icann.org/registrar-reports/accreditation-qualified-list.html
http://www.icann.org/registrar-reports/accredited-list.html
http://www.internic.com/alpha.html
| ZhuHai NaiSiNiKe Information Technology Co Ltd. | 2009 | China | .asia .biz .com .info .mobi .name .net .org .tel .xxx |
Alle the best,
www.unionroom.cn Team
ZhuHai NaiSiNiKe Information 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 for Enforcement 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 nor affiliated with either Kanzler involved in the dispute or the Registry Operator under which the disputed domain name is registrierened. ICANN shall have the authority to accredit one or more independent und neutral Dispute Resolution Providers according to criteria developed in accordance with this Dispute Resolution Policy.
1.4 FOA
Form of Authorization - The stundardized form of consent that the Gaining Kanzler und Kanzler of Record are required to use to obtain authorization from the Registrant or Administrative Kontakt in order to properly process the transfer of domain name sponsorship from one Kanzler to another.
1.5 Gaining Kanzler
The Kanzler that submitted to the Registry the request for the transfer of a domain sponsorship from the Kanzler of Record.
1.6 Kanzler of Record
The Kanzler of Record for a domain name for which the Registry received a transfer of sponsorship request.
1.7 Registrant
The Registrant is the individual or organization that registrierens a specific domain name. This individual or organization holds the right to use that specific domain name for a specified period of time, provided certain conditions are met und the registration fees are paid. This person or organization is the "legal entity" bound by the terms of the relevant Dienstleistung agreement with the Registry operator for the TLD in question.
1.8 Registry (Registry Operator)
The organization authorized by ICANN to provide registration Dienstleistungs for a given TLD to ICANN-accredited Kanzlers.
1.9 Supplemental Rules
The Supplemental Rules shall mean those rules adopted by the Registry Operator, in the case of First Niveau disputes (as set forth below), or 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, word und page limits und guidelines, the means for communicating with the Provider, und the form of cover sheets.
1.10 Transfer Policy
The Policy on Transfer of Sponsorship of Registrierungs between Kanzlers which is in force 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 or both of the steps pursuant to the rules below. In the event a Kanzler either files a Request for Enforcement (as described below) with a Second-Niveau Dispute Provider, or files an Appeal (as described below) with a Dispute Provider, it may not revert to the First-Niveau Registry option later for the same filing or matter presented for resolution.
2.1 First Niveau - Registry Operator
A Kanzler may choose to file a dispute directly with the relevant Registry Operator. Any decisions made by the Registry Operator 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 forfeit 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 for 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 Record 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 for Enforcement with the applicable Registry Operator
3.1.1 Either the Gaining or Kanzler of Record ("Filing Kanzler") may submit a Request for Enforcement. This must be done in accordance with the Supplemental Rules adopted by the applicable Registry Operator.
3.1.2 The Request for Enforcement shall be submitted to the Registry und to the Respondent (the Non-filing Kanzler) in electronic form und shall:
(i) Request that the Request for Enforcement be submitted for decision in accordance 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 authorized 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 information (including any postal und e-mail addresses und telephone und fax numbers) known to Filing Kanzler regarding how to contact Respondent or any representative of Respondent, including contact information based on pre-complaint dealings;
(iv) Specify the domain name(s) that is/are the subject of the Request for Enforcement;
(v) Specify the incident(s) that gave rise to the dispute;
(vi) Describe, in accordance with the Policy, the grounds on which the Request for Enforcement is based;
(vii) State the specific remedy being sought (either approval or denial of the transfer);
(viii) Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the complaint;
(ix) Certify that a copy of the Request for Enforcement, together with the cover sheet as prescribed by the Provider's Supplemental Rules, has been sent or transmitted to the Respondent; und
(x) Conclude with the following statement followed by the signature of the Complainant or its authorized representative:
"<insert name of Filing Kanzler> agrees that its claims und remedies concerning the registration of the domain name, the dispute, or the dispute's resolution shall be solely against the Respondent und waives all such claims und remedies against the Registry Operator as well as its directors, officers, employees, und agents, except in the case of deliberate wrongdoing or gross negligence."
"<insert name of Filing Kanzler> certifies that the information contained in this Request for Enforcement is to the best of Filing Kanzler's knowledge complete und accurate, that this Request for Enforcement is not being presented for any improper purpose, such as to harass, und that the assertions in this Request for Enforcement are warranted under this Policy und under applicable law, as it now exists or as it may be extended by a good-faith und reasonable argument."3.1.3 The Request for Enforcement may relate to more 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 or similar factual circumstances.
3.1.4 The Request for Enforcement shall annex the following documentary evidence (as applicable und available) in electronic form if possible, together with a schedule indexing such evidence:
(i) For the Gaining Kanzler:
a. Completed Form of Authorization ("FOA")
b. Copy of the Whois output for the date transfer was initiated, which was used to identify the authorized Transfer Kontakts
c. Copy of evidence of identity used
d. Copy of a bilateral agreement, final determination of a dispute resolution body or court order in cases when the Registrant of Record is being changed simultaneously with a Kanzler Transfer
e. Copies of all communications made to the Kanzler of Record with regard to the applicable transfer request along with any responses from the Kanzler of Record
(ii) For the Kanzler of Record:
a. Completed FOA from Kanzler of Record if applicable
b. Copy of the Whois output for the date the transfer was initiated
c. Relevant history 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 Non-Filing Kanzler ("Respondent") shall have seven (7) calendar days from receipt of the Request for Enforcement to prepare a Response to the Request for Enforcement ("Response").
3.2.1 The Response shall be submitted in electronic form to both the Registry und Filing Kanzler und shall:
(i) Respond specifically to the statements und allegations contained in the Request for Enforcement (This portion of the response shall comply with any word or page limit set forth 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 or terminated in connection with or relating to any of the domain name(s) that are the subject of the Request for Enforcement;
(iv) State that a copy of the Response has been sent or transmitted to the Filing Kanzler;
(v) Conclude with the following statement followed by the signature of the Respondent or its authorized representative:
"Respondent certifies that the information contained in this Response is to the best of Respondent's knowledge complete und accurate, that this Response is not being presented for 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 now exists or as it may be extended by a good-faith und reasonable argument."; und
(vi) Annex any documentary or other evidence upon which the Respondent relies, together with a schedule indexing such documents.
3.2.2 At the request of the Respondent, the Registry Operator may, in exceptional cases, extend the period of time for the filing of the response, but in no case may the extension be more 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 Operator.
3.2.3 If a Respondent does not submit a response, in the absence of exceptional circumstances, the Registry Operator shall decide the dispute based upon the Request for Enforcement.
3.3 Registry Operator must review all applicable documentation und compare registrant/contact data with that contained within the authoritative Whois database und reach a conclusion not later than 14 days after receipt of the Response.
3.3.1 If the data included in the Request for Enforcement does not match the data listed in the authoritative Whois, the Registry Operator must contact each Kanzler und require additional documentation.
3.3.2 If the Gaining Kanzler cannot provide a complete FOA with data matching that contained within the authoritative Whois database, then the Registry Operator shall find that the transfer should be reversed. In the case of a thick Registry, if the Kanzler of Record's Whois is not accessible or invalid, the Registry Operator's Whois should be used. In the case of a thin Registry, if the Kanzler of Record's Whois is not accessible or is invalid, the Registry Operator 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 Record denies a request for a domain name transfer ("NACKs"), the Kanzler of Record must provide evidence of one of the factors for which it is allowed to NACK. If the Kanzler of Record cannot provide evidence that demonstrates any of the factors, und the Gaining Kanzler provides to the Registry a complete FOA with data matching that contained within the authoritative Whois database, then the transfer must be approved to be processed.
3.3.4 If the data provided by neither Kanzler appears to be conclusive, then the Registry shall issue a finding of "no decision." If the data provided to the Registry is complete und provides sufficient basis for 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 accordance with the provisions set forth below.
3.4 Fees for First-Niveau Dispute Resolution Service
3.4.1 Thier is no filing fee assessed to the Filing Kanzler at the time the Request for Enforcement is submitted to the Registry Operator.
3.4.2 The Kanzler that does not zurückail in the dispute will be assessed a fee to be set by the Registry Operator. Such fee shall be set forth in the Registry's Supplemental Rules that are in effect at the time that the Request for Enforcement 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 Operator shall collect the applicable fees from the Filing Kanzler.
3.5 Availability of Court Proceedings
The procedures set forth above shall not zurückent a Kanzler from submitting a dispute to a court of competent jurisdiction for independent resolution before such an administrative proceeding is commenced or after such proceeding is concluded. If a Registry Operator decides a domain name registration should be transferred (either to the Gaining Kanzler, or alternatively, back from the Gaining Kanzler to the Kanzler of Record), the Registry will wait fourteen (14) calendar days after it is informed of the decision before 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). If such documentation is received by the Registry Operator within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented to the Registry Operator that the parties have resolved such dispute; (ii) evidence is presented to the Registry Operator that the lawsuit has been dismissed or withdrawn; or (iii) the Registry Operator receives a copy of an order 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 for Enforcement 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 Operator'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 for Enforcement
4.2.1 In the event that the Filing Kanzler elects to submit a Request for Enforcement to the Dispute Resolution Provider in lieu of submitting a Request for Enforcement to the applicable Registry Operator, the obligations und responsibilities set forth 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 authoritative Whois database und reach a conclusion not later than thirty (30) days after receipt of Response from the Respondent.
(i) If the data does not match the data listed in authoritative Whois, the Dispute Resolution Panel should contact each Kanzler und require additional documentation.
(ii) If the Gaining Kanzler is unable to provide a complete FOA with data matching that contained within the authoritative 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 Record's Whois is not accessible or invalid, the applicable Registry Operator's Whois should be used. In the case of a thin Registry, if the Kanzler of Record's Whois is not accessible or 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 Record NACKs a transfer, the Kanzler of Record must provide evidence of one of the factors for which it is allowed to NACK as set forth in Section 3.1.4 (ii) of this Dispute Resolution Policy. If the Kanzler of Record cannot provide evidence that demonstrates any of the factors, und the Gaining Kanzler provides to the Dispute Resolution Provider a complete FOA with data matching that contained within the authoritative 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 for Enforcement will appropriately redress the issues set forth in the Request for Enforcement.
(v) Resolution options for the Dispute Resolution Panel are limited to the following:
a. Approve Transfer
b. Deny the Transfer (or ordering the domain name be returned to the Kanzler of Record in cases whier a Transfer has already occurred)
4.3 Appeal of First Niveau Dispute Decision or Registry Operator Finding of "No-Decision."
4.3.1 In the event that the Kanzler which does not zurückail in the First-Niveau dispute is dissatisfied by the Registry-Operator'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 Operator issues a finding of "no-decision" in accordance 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 form und shall:
(i) Request that the Appeal be submitted for decision in accordance 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 authorized by the Appellant to act on behalf of the Appellant in the administrative proceeding;
(iii) Provide the name of the Appellee und all information (including any postal und e-mail addresses und telephone und telefax numbers) known to Appellee regarding how to contact Appellee or any representative of Appellee, including contact information based on pre-Request for Enforcement 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 for such appeal, including specific responses to the findings of the Registry Operator in the First-Niveau Dispute process. (This portion of the response shall comply with any word or page limit set forth in the Dispute Resolution Provider's Supplemental Rules);
(vii) Specify, in accordance with the Policy, the remedies sought;
(viii) Identify any other related legal proceedings known to the Appellant that have been commenced or terminated in connection with or 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 or transmitted to the Appellee; und
(x) Conclude with the following statement followed by the signature of the Appellant or its authorized representative:
"Appellant agrees that its claims und remedies concerning the registration of the domain name, the dispute, or 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 Operator as well as their directors, officers, employees, und agents, except in the case of deliberate wrongdoing or gross negligence."
"Appellant certifies that the information contained in this Appeal is to the best of Appellant's knowledge complete und accurate, that this Appeal is not being presented for 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 now exists or as it may be extended by a good-faith und reasonable argument."
4.3.5 The Appeal may relate to more than one domain name, provided that the domain names involve the same decision issued by the Registry Operator for the First-Niveau Dispute.4.3.6 The Appeal shall annex any documentary evidence that was not already submitted to the Registry Operator 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 Operator no later than seven (7) calendar days of receipt of the appeal. The Registry Operator 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 or Appellee.
(ii) Responses to all such questions must be received by the Dispute Resolution Panel within 7 days.
(iii) The Dispute Resolution Panel shall review each Appeal on a De Novo basis. Although the Dispute Resolution Panel is not bound by the findings of the Registry Operator 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 for Second-Niveau Dispute Resolution Service
4.4.1 In the case of either a Request for Enforcement or 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 or 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 or Appellant, whichever applicable, zurückails in a Second-Niveau dispute, the Respondent or 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 or Appellant, whichever applicable, the Filing Fees, no later than fourteen (14) calendar days after it receives the Filing Fees from the Respondent or Appellee. Such fees must be paid regardless of whether a Court Proceeding is commenced in accordance 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 forth above shall not zurückent a Kanzler from submitting a dispute to a court of competent jurisdiction for independent resolution before such administrative proceeding is commenced or after such proceeding is concluded. If a Dispute Resolution Panel decides a domain name registration should be transferred (either to the Gaining Kanzler, or alternatively, back from the Gaining Kanzler to the Kanzler of Record), such Kanzler will wait fourteen (14) calendar days after it is informed of the decision before 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). If 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 or withdrawn; or (iii) a copy of an order from such court dismissing the lawsuit or ordering 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 or Registry policies. Inter-Kanzler domain name transfer processes must be clear und concise in order to avoid confusion. Further, Kanzlers should make reasonable efforts to inform Registrierened Name Holders of, und provide access to, the published documentation of the specific transfer process employed by the Kanzlers.
1.1 Transfer Authorities
The Administrative Kontakt und the Registrierened Name Holder, as listed in the Losing Kanzler's or applicable Registry's (whier available) publicly accessible WHOIS Dienstleistung are the only parties that have the authority to approve or deny a transfer request to the Gaining Kanzler. In the event of a dispute, the Registrierened Name Holder's authority supersedes that of the Administrative Kontakt.
Kanzlers may use Whois data from either the Kanzler of Record or the relevant Registry for the purpose of verifying the authenticity of a transfer request; or from another data source as determined by a consensus policy.
2. Gaining Kanzler Requirements
For 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 authorization from either the Registrierened Name Holder or 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 authorization must be made via a valid Stundardized Form of Authorization (FOA). Thier are two different FOA's available at the ICANN website. The FOA labeled "Initial Authorization for Kanzler Transfer" must be used by the Gaining Kanzler to request an authorization for a registrar transfer from the Transfer Kontakt. The FOA labeled "Bestätigenation of Kanzler Transfer Request" may be used by the Kanzler of Record 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 for 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 authorization, 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 Record's Whois output for the domain name in question.
2.1.2.1 If the Gaining Kanzler relies on a physical authorization process, then the Gaining Kanzler assumes the burden of obtaining reliable evidence of the identity of the Transfer Kontakt und maintaining appropriate records proving that such evidence was obtained. Further the Gaining Kanzler also assumes the burden for ensuring that the entity making the request is indeed authorized to do so. The acceptable forms of physical identity are:
2.1.3 In the event that the Gaining Kanzler relies on an electronic process to obtain this authorization the acceptable forms of identity would include:
The Kanzler of Record may not deny a transfer request solely because it believes that the Gaining Kanzler has not received the confirmation set forth 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 Tool Kit, that the Registry Operator 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 authorization has been obtained from the Transfer Kontakt listed in the authoritative Whois database.
2.2.2 The Gaining Kanzler is responsible for validating the Registrierened Name Holder requests to transfer domain names between Kanzlers. However, this does not preclude the Kanzler of Record from exercising its option to independently confirm the Registrierened Name Holder's intent to transfer its domain name to the Gaining Kanzler in accordance with Section 3 of this policy.
3. Obligations of the Kanzler of Record
A Kanzler of Record 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 Record must do so in a manner consistent with the stundards set forth in this agreement pertaining to Gaining Kanzlers. In order to ensure that the form of the request employed by the Kanzler of Record is substantially administrative und informative in nature und clearly provided to the Transfer Kontakt for the purpose of verifying the intent of the Transfer Kontakt, the Kanzler of Record 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 for 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 forth in this policy. This includes but is not limited to the requirement that no Kanzler shall add any additional information 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 Record from marketing to its existing customers through separate communications.
The FOA should be sent by the Kanzler of Record 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 Operator.Failure by the Kanzler of Record 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 Record und the Kanzler of Record has not explicitly denied the transfer request, the default action will be that the Kanzler of Record must allow the transfer to proceed.
Upon denying a transfer request for any of the following reasons, the Kanzler of Record must provide the Registrierened Name Holder und the potential Gaining Kanzler with the reason for denial. The Kanzler of Record 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 Record 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 Record must not employ transfer processes as a mechanism to secure payment for Dienstleistungs from a Registrierened Name Holder. Exceptions to this requirement are as follows:
(i) In the case of non-payment for zurückious registration period(s) if the transfer is requested after the expiration date, or
(ii) In the case of non-payment of the current registration period, if transfer is requested before the expiration date.
4. Kanzler Coordination
Each Kanzler is responsible for keeping copies of documentation, including the FOA und the Transfer Kontakts response thierto, that may be required for filing und supporting 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 Record must provide the evidence relied on for the transfer during und after the applicable inter-registrar domain name transaction(s). Such information must be provided when requested by, und only by, the other Kanzler that is party to the transfer transaction. Hinzufügenitionally, ICANN, the Registry Operator, a court or authority with jurisdiction over the matter or a third party dispute resolution panel may also require such information within five (5) days of the request.
The Gaining Kanzler must retain, und produce pursuant to a request by a Losing Kanzler, a written or electronic copy of the FOA. In instances whier the Kanzler of Record has requested copies of the FOA, the Gaining Kanzler must fulfill the Kanzler of Records request (including providing the attendant supporting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds for reversal by the Registry Operator or the Dispute Resolution Panel in the event that a transfer complaint is filed in accordance with the requirements of this policy.
If either a Kanzler of Record or a Gaining Kanzler does not believe that a transfer request was hundled in accordance with the provisions of this policy, then the Kanzler may initiate a dispute resolution procedure as set forth in Section C of this policy.
For purposes of facilitating transfer requests, Kanzlers should provide und maintain a unique und private email address for use only by other Kanzlers und the Registry:
i. This email address is for issue related to transfer requests und the procedures set forth 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 for Kanzlers
In EPP-based gTLD Registries, Kanzlers must follow the requirements set forth 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 for the Registrierened Name Holder to generate und manage their own unique "AuthInfo" code.
Kanzlers may not employ any mechanism for complying with a Registrierened Name Holder's request to obtain the applicable "AuthInfo Code" that is more restrictive than the mechanisms used for changing any aspect of the Registrierened Name Holder's contact or name server information.
The Kanzler of Record 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 for authorization or 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 Operator 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 for the purpose of facilitating transfers.
The Registry Operator shall complete the requested transfer unless, within five (5) calendar days, Registry Operator receives a NACK protocol commund from the Kanzler of Record.
When the Registry's database has been updated to reflect the change to the Gaining Kanzler, Registry Operator will transmit an electronic notification to both Kanzlers. The notification may be sent to the unique email address established by each Kanzler for the purpose of facilitating transfers or such other email address agreed to by the parties.
The Registry Operator shall undo a transfer if, after a transfer has occurred, the Registry Operator receives one of the notices as set forth below. In such case, the transfer will be reversed und the domain name reset to its original state. The Registry Operator 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 Operator 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 Record und the Gaining Kanzler sent by email, letter or fax that the transfer was made by mistake or was otherwise not in accordance with the procedures set forth in this policy;
ii. The final determination of a dispute resolution body having jurisdiction over the transfer; or
iii. Order of a court having jurisdiction over the transfer.
7. Records of Registrierung
Each Kanzler shall require its customer, the Registrierened Name Holder, to maintain its own records appropriate to document und prove the initial domain name registration date.
8. Effect on Begriff of Registrierung
The completion by Registry Operator of a holder-authorized 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 sponsorship of all the registrations sponsored by one Kanzler as the result of (i) acquisition of that Kanzler or its assets by another Kanzler, or (ii) lack of accreditation of that Kanzler or lack of its authorization with the Registry Operator, may be made according to the following procedure:
(a) The gaining Kanzler must be accredited by ICANN for the Registry TLD und must have in effect a Registry-Kanzler Agreement with Registry Operator for the Registry TLD.
(b) ICANN must certify in writing to Registry Operator that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual or imminent business failure of a Kanzler.
Upon satisfaction of these two conditions, Registry Operator will make the necessary one-time changes in the Registry database for no charge, for transfers involving 50,000 name registrations or fewer. If the transfer involves registrations of more than 50,000 names, Registry Operator will charge the gaining Kanzler a one-time flat fee of US$ 50,000.
C. Transfer Dispute Resolution Policy
Procedures for hundling disputes concerning inter-registrar transfers are set forth in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operators und ICANN accredited Kanzlers.
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