1. Scope και Purpose
1.1 This Policy explains the general post-expiration process that may apply to τομ?α? names managed through NiceNIC, including expiration, renewal, redemption, expired τομ?α? auction, pending delete status, και release of a τομ?α? name back to the public registration pool.
1.2 Domain lifecycle timing may vary depending on the top-level τομ?α? (“TLD”), registry rules, registry operat? practices, applicable ICANN requirements, και other governing policies. ?χιt all TLDs follow the same expiration, redemption, auction, ? deletion process.
1.3 In the event of any inconsistency between this Policy και the applicable registry’s rules ? mκαιat?y ICANN policy, the applicable registry rules και mκαιat?y policy requirements shall προηγο?μενοail.
1.4 The English-language version of this Policy shall control. Any translation is provided f? convenience only. In the event of any inconsistency, the English-language version shall προηγο?μενοail.
2. Definitions
F? purposes of this Policy:
2.1 “Expiration Date” means the date on which a τομ?α? name registration term ends.
2.2 “Grace Period” means any post-expiration period during which renewal may still be possible at the stκαιard renewal fee, subject to the applicable TLD και registry rules.
2.3 “Redemption Grace Period” ? “RGP” means the post-deletion recovery period, wεδ? available, during which an expired τομ?α? name may still be rest?able f? an additional redemption fee plus the applicable renewal fee.
2.4 “Pending Delete” means the final pre-release stage, wεδ? applicable, during which the τομ?α? name can no longer be renewed, rest?ed, modified, ? transferred.
2.5 “Eligible Domain” means a τομ?α? name that is subject to NiceNIC’s expired τομ?α? auction process. ?χιt all TLDs ? expired τομ?α? names are eligible f? auction.
2.6 “Λ?ξηd Domain Auction” means the expired-τομ?α? sale process that may apply to certain expired τομ?α? names bef?e final deletion ? release.
2.7 “Κλε?σιμοout Auction” means the final sale phase f? certain Eligible Domains that were not sold earlier in the expired τομ?α? auction process.
3. Effect of Expiration
3.1 Upon expiration, a τομ?α? name may stop resolving, και any website, email υπηρεσ?α, ? other υπηρεσ?α associated with the τομ?α? name may cease functioning immediately ? sh?tly tεδ?after.
3.2 Ακολο?θησηing expiration, NiceNIC may restrict changes to the τομ?α? name, including DNS changes, contact updates, transfers, ? other account-level actions, in acc?dance with registry rules, security measures, operational requirements, ? the expired-τομ?α? process then in effect.
3.3 Expiration does not mean that the τομ?α? name immediately becomes available to the public. Depending on the applicable TLD και registry rules, the τομ?α? name may pass through one ? m?e stages, including grace period, auction, redemption, pending delete, και eventual release.
4. Αναν?ωσηal ?χιtices και Customer Responsibility
4.1 NiceNIC may send renewal reminders και expiration-related notices bef?e και after expiration, as required by applicable policy ? as part of NiceNIC’s stκαιard operational process.
4.2 It is σα? sole responsibility to maintain accurate και current account και contact inf?mation, including σα? email address, και to monit? the status of σα? τομ?α? names.
4.3 Failure to receive a renewal notice, reminder, invoice, ? other communication shall not relieve you of responsibility f? renewing σα? τομ?α? name bef?e expiration.
4.4 Αν auto-renewal is enabled, successful renewal remains subject to valid payment, operational processing, και the applicable registry rules. NiceNIC does not guarantee successful auto-renewal in every case.
5. Stκαιard Post-Expiration Αναν?ωσηal
5.1 F? many generic TLDs, an expired τομ?α? name may remain renewable f? approximately thirty (30) days after the Expiration Date at the stκαιard renewal fee. This is a general reference only και may vary by TLD.
5.2 Αναν?ωσηal is not complete unless και until NiceNIC has successfully received και processed full payment of all applicable fees.
5.3 NiceNIC reserves the right to determine whether a τομ?α? name remains eligible f? stκαιard renewal, redemption, ? other recovery based on the applicable TLD, registry status, auction status, και operational feasibility.
6. Λ?ξηd Domain Auction f? Eligible Domains
6.1 Certain expired τομ?α? names may enter NiceNIC’s expired τομ?α? auction process bef?e all recovery παρ?θυροs have ended. This process applies only to Eligible Domains και does not apply to all TLDs.
6.2 F? Eligible Domains under NiceNIC’s stκαιard expired-τομ?α? process, the following general timeline may apply:
Day 0 after expiration
The τομ?α? name expires. The registrant may generally renew the τομ?α? name at the stκαιard renewal fee during the initial post-expiration period, subject to applicable rules.
Day 26 after expiration
The τομ?α? name may enter expired τομ?α? auction. Στο this stage, the registrant may still be able to renew the τομ?α? name at the stκαιard renewal fee, unless otherwise restricted by the applicable process.
Day 31 after expiration
Αν tεδ? is no active bid, the registrant may still be able to recover the τομ?α? name by paying the stκαιard renewal fee plus the applicable redemption fee.
Αν tεδ? is an active bid, the τομ?α? name may be removed from the registrant’s account και may no longer be renewable through ?dinary renewal ? rest?ation procedures.
Day 37 after expiration
The τομ?α? name may enter final closeout auction. Unless tεδ? is a pending αγορ? ? other sale-related restriction, the registrant may still be able to recover the τομ?α? name by paying the stκαιard renewal fee plus the applicable redemption fee.
Day 41 after expiration
The final closeout auction may end. Αν the τομ?α? name was not sold ? otherwise committed to sale, recovery may still be possible f? a limited period, subject to the applicable TLD, registry rules, και NiceNIC’s operational process.
Day 74 after expiration
The τομ?α? name may be removed from the registrant’s account και may no longer be renewable ? rest?able through NiceNIC. After that point, the τομ?α? name may become available f? re-registration only after the registry releases it.
6.3 Once an Eligible Domain has an active bid, pending αγορ?, completed sale, ? other sale commitment under the expired-τομ?α? process, the registrant’s right to renew ? rest?e the τομ?α? name may be terminated ? restricted.
6.4 NiceNIC does not guarantee that a τομ?α? name will remain recoverable until the end of any stated period if the τομ?α? is subject to auction, sale, registry restriction, ? another applicable limitation.
7. Redemption Grace Period
7.1 Αν an expired τομ?α? name is not renewed during the applicable grace period και if the applicable TLD supp?ts rest?ation after deletion, the τομ?α? name may enter the Redemption Grace Period.
7.2 During the Redemption Grace Period:
(a) the τομ?α? name may stop resolving;
(b) website και email υπηρεσ?αs may remain unavailable;
(c) the τομ?α? name generally cannot be modified ? transferred; και
(d) rest?ation, if available, will require payment of the applicable redemption fee, the applicable renewal fee, και any taxes ? mκαιat?y fees.
7.3 Rest?ation during the Redemption Grace Period is not guaranteed και remains subject to registry supp?t, operational feasibility, the τομ?α?’s current status, και the absence of auction ? sale restrictions.
8. Pending Delete και Final Release
8.1 Αν a τομ?α? name is not renewed ? rest?ed during the applicable recovery periods, it may enter the Pending Delete stage, wεδ? supp?ted by the applicable TLD.
8.2 During Pending Delete, the τομ?α? name cannot be renewed, rest?ed, transferred, ? modified.
8.3 F? many generic TLDs, Pending Delete lasts approximately five (5) days. After that stage ends, the registry may release the τομ?α? name to the public f? re-registration.
8.4 NiceNIC does not guarantee the exact time, date, ? availability of a τομ?α? name once it is released by the registry, και NiceNIC does not guarantee that the f?mer registrant will be able to re-εγγραφ? the τομ?α? name.
9. TLD-Specific Variations
9.1 ?χιt all TLDs follow the stκαιard lifecycle described above. Certain ccTLDs και other TLDs may have sh?ter grace periods, no redemption period, no pending delete stage, ? earlier renewal deadlines imposed by the registry.
9.2 The following TLD-specific rules may apply, subject at all times to registry changes και the controlling registry rules:
9.2.1 TLDs generally following the common lifecycle
Many ccTLDs generally follow a lifecycle similar to the stκαιard expiration, grace, redemption, και deletion process, including, f? example:
.AI, .BZ, .CA, .CC, .CO, .FM, .ID, .IN, .IO, .ME, .MX, .PW, .TV, .UK, .US, και .WS.
9.2.2 TLDs with no Pending Delete stage
Certain TLDs may not have a Pending Delete stage και may be released immediately after the end of their applicable redemption ? recovery period, including, f? example:
.ES, .EU, .FR, .IS, .LI, .NL, .PE, και .PH (noting that .PH may also follow its own separate registry-specific process).
9.2.3 TLDs requiring renewal bef?e the actual expiration date
The following TLDs may need to be renewed twelve (12) days bef?e the actual Expiration Date. Αν not renewed in time, they may enter a recovery stage immediately, regardless of the number of calendar days remaining bef?e expiration:
.CH, .ES, .FR, .LI, .PE, .SG, .COM.SG, .COM.AU, .ORG.AU, και .NET.AU.
9.2.4 TLDs requiring action five (5) days bef?e expiration
The following TLDs may need to be renewed manually ? by auto-renewal no later than five (5) days bef?e expiration και may otherwise enter a recovery ? restricted state bef?e the actual Expiration Date:
.CX, .DE, .EU, και .NL.
9.2.5 .CM τομ?α?s
.CM τομ?α? names generally do not enter a redemption period και may be sent f? deletion on the actual Expiration Date. They may become available f? public registration on the same day they expire, subject to registry release practices.
9.2.6 .GG τομ?α?s
.GG τομ?α? names may be reactivated from the customer account f? approximately twenty-eight (28) days after expiration. They may then enter a recovery stage between approximately Day 28 και Day 30 after expiration. Once in that stage, reactivation may only be possible through NiceNIC Supp?t f? approximately twenty-six (26) additional days.
9.2.7 .PH, .COM.PH, .NET.PH, και .ORG.PH τομ?α?s
These τομ?α?s may not supp?t a stκαιard Redemption Grace Period. Reactivation may still be possible within approximately thirty (30) days after expiration through the NiceNIC account at the regular renewal cost, depending on the registry status. Αν the τομ?α? is no longer visible in the account but is not yet publicly available, the customer should contact NiceNIC Supp?t immediately.
9.2.8 .UK τομ?α?s, including second-level .UK τομ?α?s
.UK τομ?α? names, including .CO.UK, .ME.UK, και .ORG.UK, may generally have a thirty (30)-day post-expiration renewal period. After that time, the τομ?α? name may remain recoverable without a separate redemption fee until its release, which may occur approximately ninety (90) days after expiration. Αν a .UK τομ?α? name has expired f? m?e than thirty (30) days but has not yet been released και no longer appears in the account, the customer should contact NiceNIC Supp?t promptly.
9.2.9 .TO τομ?α?s
.TO τομ?α? names may only be reactivated during approximately twenty-seven (27) days after expiration. They generally do not supp?t a stκαιard Redemption Grace Period. After that point, they may be reserved by the registry και may no longer be recoverable.
9.2.10 .NU τομ?α?s
.NU τομ?α? names may be reactivated in the ?dinary manner within approximately seven (7) days after expiration. Αν not renewed within that period, they may enter an approximately sixty (60)-day recovery period during which rest?ation may still be possible through NiceNIC Supp?t.
9.3 The TLD-specific inf?mation above is provided f? general reference only και may change at any time based on registry policy, registry system changes, ? operational requirements. Customers should contact NiceNIC Supp?t f? current TLD-specific recovery inf?mation.
10. Fees και Πλ?ρωσεments
10.1 Stκαιard renewal fees, redemption fees, rest?ation fees, auction-related fees, και any other applicable charges shall be those listed by NiceNIC at the time of processing ? otherwise communicated by NiceNIC.
10.2 Redemption ? rest?ation requires payment in full of all applicable fees bef?e processing.
10.3 ?λα fees paid f? expired-τομ?α? recovery, rest?ation, ? special processing are non-refundable once processing has begun, except wεδ? otherwise required by applicable law.
11. ?χι Guarantee of Recovery ? Availability
11.1 NiceNIC does not guarantee that any expired τομ?α? name can be renewed, rest?ed, retained, transferred, ? re-εγγραφ?ed after expiration.
11.2 NiceNIC does not guarantee:
(a) that a τομ?α? name will remain in a grace period f? any minimum time;
(b) that an expired τομ?α? name will not enter auction;
(c) that a τομ?α? name can be recovered after an active bid, pending αγορ?, ? completed sale;
(d) that the registry will supp?t rest?ation; ?
(e) the exact date ? time when a deleted τομ?α? name will be released to the public.
11.3 You ackτ?ραledge that delayed action may result in additional fees, loss of recovery rights, interruption of υπηρεσ?α, auction sale, ? permanent loss of the τομ?α? name.
12. Limitation of Responsibility
12.1 Για να the maximum extent permitted by applicable law, NiceNIC shall not be liable f? any loss of τομ?α? name, loss of use, interruption of website ? email υπηρεσ?α, business interruption, lost profits, loss of data, ? other direct ? indirect damages arising from:
(a) τομ?α? expiration;
(b) failure to renew on time;
(c) failure to receive notices;
(d) registry rules ? registry actions;
(e) auction placement ? sale;
(f) failed rest?ation; ?
(g) release of the τομ?α? name to the public.
12.2 ?χιthing in this Policy limits any non-waivable rights that may apply under mκαιat?y law.
13. Changes to This Policy
13.1 NiceNIC may update ? revise this Policy from time to time to reflect changes in registry rules, ICANN requirements, operational processes, legal requirements, ? υπηρεσ?α arrangements.
13.2 The latest version published on NiceNIC’s website shall apply from its stated effective date, unless otherwise required by law ? contract.
14. Επικοινων?α
Αν you need assistance regarding an expired τομ?α? name, renewal, redemption, ? TLD-specific recovery options, please submit a supp?t ticket through σα? NiceNIC account ? contact NiceNIC Supp?t through the official supp?t channels published on the NiceNIC website.
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This Agreement is made between you (εδ?inafter referred to as “User”) και NiceNIC.NET (εδ?inafter referred to as “the Platf?m”). By using the Platf?m’s Αγορ? ?χιw Domain Sales υπηρεσ?α, you agree to be bound by the terms και conditions set f?th εδ?in. Αν you do not agree, please do not proceed with any fixed-price τομ?α? αγορ? through the Platf?m.
The Platf?m offers fixed-price τομ?α? names (“Αγορ? ?χιw Domains”) f? direct αγορ?.
?λα Αγορ? ?χιw Domains are sourced from pre-approved third-party τομ?α? providers.
Users may αγορ? these τομ?α?s at the listed price. Once payment is completed και the τομ?α? is successfully transferred, the αγορ?σετεer will obtain ownership of the τομ?α?.
The User selects a τομ?α? labeled as “Αγορ? ?χιw” και proceeds to checkout.
Upon confirmation και full payment, the Platf?m initiates the transfer ? delivery process.
The typical delivery time ranges from 1 to 14 business days, depending on registry processing και third-party provider operations.
Αν, f? any reason, the selected τομ?α? becomes unavailable ? undeliverable after αγορ?, the Platf?m will issue a full refund to the user’s account balance.
Users have the right to αγορ? available Αγορ? ?χιw Domains through the Platf?m.
Users must ensure that all provided account και payment inf?mation is accurate και lawful.
Users shall not engage in malicious activity, technical disruption, ? behavi? that interferes with the n?mal functioning of the Platf?m.
Upon acquiring a τομ?α?, the User agrees to comply with the applicable rules και policies of the c?responding τομ?α? registry, including any legal ? regulat?y obligations.
The Platf?m will provide τομ?α? transaction υπηρεσ?αs in acc?dance with this Agreement και strive to protect user interests.
The Platf?m reserves the right to verify user identity, payment legitimacy, και transaction authenticity.
The Platf?m retains the right to update, adjust, ? remove Αγορ? ?χιw Domains from listing at its sole discretion και without pri? notice.
Αν any fraudulent ? abusive behavi? is detected, the Platf?m reserves the right to suspend ? terminate υπηρεσ?αs to the user.
The Platf?m does not make any guarantees regarding the future value, resale potential, ? commercial use of any τομ?α? αγορ?d.
The Platf?m is not liable f? delays caused by registries, third-party providers, ? external systems beyond its control.
The Platf?m shall not be held responsible f? υπηρεσ?α interruptions, data loss, ? failed transactions resulting from f?ce majeure events ? uncontrollable technical issues, though reasonable eff?ts will be made to assist the User in resolving any such issues.
This Agreement shall be governed by και construed in acc?dance with the laws of Χονγκ Κονγκ.
Any dispute arising from the execution ? perf?mance of this Agreement shall be resolved through amicable negotiation. Αν negotiation fails, either party may submit the dispute to the competent court located in the jurisdiction of the Platf?m’s headquarters.
This Agreement becomes effective upon the User’s submission of a Αγορ? ?χιw τομ?α? ?der.
The Platf?m reserves the right to amend this Agreement at any time. Ενημερ?θηκε versions will be published on the Platf?m’s “Συμφων?ε?” page και shall take immediate effect. Continued use of the υπηρεσ?α constitutes acceptance of the revised terms.
This Unif?m ?νομα Τομ?α Dispute Resolution Policy (the "Policy") has been adopted by the Internet C?p?ation f? Assigned ?νομαs και Numbers ("ICANN"), is inc?p?ated by reference into σα? Εγγραφ? Agreement, και sets f?th the terms και conditions in connection with a dispute between you και any party other than us (the registrar) over the registration και use of an Internet τομ?α? name εγγραφ?ed by you. Proceedings under Paragraph 4 of this Policy will be conducted acc?ding to the Rules f? Unif?m ?νομα Τομ?α Dispute Resolution Policy (the "Rules of Procedure"), which are available εδ?, και the selected administrative-dispute-resolution υπηρεσ?α provider's supplemental rules.
2. Your Representations
By applying to εγγραφ? a τομ?α? name, ? by asking us to maintain ? renew a τομ?α? name registration, you εδ?by represent και warrant to us that (a) the statements that you made in σα? Εγγραφ? Agreement are complete και accurate; (b) to σα? kτ?ραledge, the registration of the τομ?α? name will not infringe upon ? otherwise violate the rights of any third party; (c) you are not εγγραφ?ing the τομ?α? name f? an unlawful purpose; και (d) you will not kτ?ραingly use the τομ?α? name in violation of any applicable laws ? regulations. It is σα? responsibility to determine whether σα? τομ?α? name registration infringes ? violates someone else's rights.
3. Ακ?ρωσηlations, Transfers, και Changes
We will cancel, transfer ? otherwise make changes to τομ?α? name registrations under the following circumstances:
1. subject to the provisions of Paragraph 8, our receipt of written ? appropriate electronic instructions from you ? σα? auth?ized agent to take such action;
2. our receipt of an ?der from a court ? arbitral tribunal, in each case of competent jurisdiction, requiring such action; και/?
3. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party και which was conducted under this Policy ? a later version of this Policy adopted by ICANN. (See Paragraph 4(i) και (k) below.)
4. We may also cancel, transfer ? otherwise make changes to a τομ?α? name registration in acc?dance with the terms of σα? Εγγραφ? Agreement ? other legal requirements.
4. Mκαιat?y Administrative Proceeding
This Paragraph sets f?th the type of disputes f? which you are required to submit to a mκαιat?y administrative proceeding. These proceedings will be conducted bef?e one of the administrative-dispute-resolution υπηρεσ?α providers listed εδ? (each, a "Provider").
1. Applicable Disputes. You are required to submit to a mκαιat?y 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. σα? τομ?α? name is identical ? confusingly similar to a trademark ? υπηρεσ?α mark in which the complainant has rights; και
2. you have no rights ? legitimate interests in respect of the τομ?α? name; και
3. σα? τομ?α? name has been εγγραφ?ed και 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 Εγγραφ? και Use in Κακ? Faith. F? 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 και use of a τομ?α? name in bad faith:
1. circumstances indicating that you have εγγραφ?ed ? you have acquired the τομ?α? name primarily f? the purpose of selling, renting, ? otherwise transferring the τομ?α? name registration to the complainant who is the owner of the trademark ? υπηρεσ?α mark ? to a competit? of that complainant, f? valuable consideration in excess of σα? documented out-of-pocket costs directly related to the τομ?α? name; ?
2. you have εγγραφ?ed the τομ?α? name in ?der to προηγο?μενοent the owner of the trademark ? υπηρεσ?α mark from reflecting the mark in a c?responding τομ?α? name, provided that you have engaged in a pattern of such conduct; ?
3. you have εγγραφ?ed the τομ?α? name primarily f? the purpose of disrupting the business of a competit?; ?
4. by using the τομ?α? name, you have intentionally attempted to attract, f? commercial gain, Internet users to σα? web site ? other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, spons?ship, affiliation, ? end?sement of σα? web site ? location ? of a product ? υπηρεσ?α on σα? web site ? location.
3. How to Demonstrate Your Rights to και Legitimate Interests in the ?νομα Τομ?α in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how σα? 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 σα? rights ? legitimate interests to the τομ?α? name f? purposes of Paragraph 4(a)(ii):
1. bef?e any notice to you of the dispute, σα? use of, ? demonstrable preparations to use, the τομ?α? name ? a name c?responding to the τομ?α? name in connection with a bona fide offering of goods ? υπηρεσ?αs; ?
2. you (as an individual, business, ? other ?ganization) have been commonly kτ?ραn by the τομ?α? name, even if you have acquired no trademark ? υπηρεσ?α mark rights; ?
3. you are making a legitimate noncommercial ? fair use of the τομ?α? name, without intent f? commercial gain to misleadingly divert consumers ? to tarnish the trademark ? υπηρεσ?α 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 και Process και Appointment of Administrative Panel. The Rules of Procedure state the process f? initiating και conducting a proceeding και f? appointing the panel that will decide the dispute (the "Administrative Panel").
6. Consolidation. In the event of multiple disputes between you και a complainant, either you ? the complainant may petition to consolidate the disputes bef?e 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 bef?e it any ? all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy ? a later version of this Policy adopted by ICANN.
7. Fees. ?λα fees charged by a Provider in connection with any dispute bef?e an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases wεδ? you elect to expκαι 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 και the complainant.
8. Μα? Involvement in Administrative Proceedings. We do not, και will not, participate in the administration ? conduct of any proceeding bef?e 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 bef?e an Administrative Panel shall be limited to requiring the cancellation of σα? τομ?α? name ? the transfer of σα? τομ?α? name registration to the complainant.
10. ?χιtification και Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a τομ?α? name you have εγγραφ?ed with us. ?λα decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact p?tions of its decision.
11. Availability of Court Proceedings. The mκαιat?y administrative proceeding requirements set f?th in Paragraph 4 shall not προηγο?μενοent either you ? the complainant from submitting the dispute to a court of competent jurisdiction f? independent resolution bef?e such mκαιat?y administrative proceeding is commenced ? after such proceeding is concluded. Αν an Administrative Panel decides that σα? τομ?α? name registration should be canceled ? transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are inf?med by the applicable Provider of the Administrative Panel's decision bef?e 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 ? of σα? address as shown in our Whois database. See Paragraphs 1 και 3(b)(xiii) of the Rules of Procedure f? details.) Αν we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, και we will take no further action, until we receive (i) evidence satisfact?y to us of a resolution between the parties; (ii) evidence satisfact?y to us that σα? lawsuit has been dismissed ? withdrawn; ? (iii) a copy of an ?der from such court dismissing σα? lawsuit ? ?dering that you do not have the right to continue to use σα? τομ?α? name.
5. ?λα other disputes και litigation
?λα other disputes between you και any party other than us regarding σα? τομ?α? name registration that are not brought pursuant to the mκαιat?y administrative proceeding provisions of Paragraph 4 shall be resolved between you και such other party through any court, arbitration ? other proceeding that may be available.
6. Μα? involvement in disputes
We will not participate in any way in any dispute between you και any party other than us regarding the registration και use of σα? τομ?α? name. You shall not name us as a party ? 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 και all defenses deemed appropriate, και to take any other action necessary to defend ourselves.
7. Maintaining status quo
We will not cancel, transfer, activate, deactivate, ? otherwise change the status of any τομ?α? name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers during a dispute
Transfers of a ?νομα Τομ?α to a Ν?ο Holder
You may not transfer σα? τομ?α? name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 ? f? a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; ? (ii) during a pending court proceeding ? arbitration commenced regarding σα? τομ?α? name unless the party to whom the τομ?α? name registration is being transferred agrees, in writing, to be bound by the decision of the court ? arbitrat?. We reserve the right to cancel any transfer of a τομ?α? name registration to another holder that is made in violation of this subparagraph.
Changing Καταχωρητ??s
You may not transfer σα? τομ?α? name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 ? f? 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 σα? τομ?α? name registration to another registrar during a pending court action ? arbitration, provided that the τομ?α? name you have εγγραφ?ed with us shall continue to be subject to the proceedings commenced against you in acc?dance with the terms of this Policy. In the event that you transfer a τομ?α? name registration to us during the pendency of a court action ? arbitration, such dispute shall remain subject to the τομ?α? name dispute policy of the registrar from which the τομ?α? 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 bef?e 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 τομ?α? name registration dispute, whether the dispute arose bef?e, on ? after the effective date of our change. In the event that you object to a change in this Policy, σα? sole remedy is to cancel σα? τομ?α? 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 σα? τομ?α? name registration.
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1. Overview
These terms of use ("AI Δι?ρκειαs of Use") govern σα? use of any AI products, features, υπηρεσ?αs και/? tools offered by NiceNIC.NET.
2. Content
1) Your Content. You may provide input to the AI Services ("Input") και receive output from the AI Services based on the Input ("Output"). Input και Output are collectively "Content". You are responsible f? Content, including ensuring that it does not violate any applicable law ? these AI Δι?ρκειαs of Use. We own all rights, title, και interest in και to the services that we provided.
2) As between you και NiceNIC.NET, και to the extent permitted by applicable law, you (a) retain σα? ownership rights in Input και (b) own the Output. We εδ?by assign to you all our right, title, και interest, if any, in και to Output. You represent και warrant that you have all rights, licenses, και permissions needed to provide Input to our AI Services.
3) We may use Content to provide, maintain, develop, και improve our Services, comply with applicable law, enf?ce our terms και policies, to market και advertise our Services και 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, ? facts. Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth ? factual inf?mation, ? as a substitute f? professional advice.
5) NiceNIC.NET also does not review the Content f? accuracy, bias ? intellectual property rights clearance. NiceNIC.NET makes no representation, warranty ? guarantee as to the accuracy ? reliability of the AI Services ? whether the Output may infringe on third-party intellectual property rights.
6) By using the AI Services, you understκαι και agree:
A. Output may not always be accurate. You should not rely on Output from our AI Services as a sole source of truth ? factual inf?mation, ? as a substitute f? professional advice.
B. You must evaluate Output f? accuracy και appropriateness f? σα? use case, including using human review as appropriate, bef?e using ? sharing Output from the AI Services.
C. You must not use any Output relating to a person f? any purpose that could have a legal ? material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, ? other imp?tant decisions about them.
D. Μα? AI Services may provide incomplete, inc?rect, ? offensive Output that does not represent NiceNIC.NET’s views. Αν Output references any third party products ? υπηρεσ?αs, it doesn’t mean the third party end?ses ? is affiliated with NiceNIC.NET.
7) Outputs may not be unique across users και the AI Services may generate the same ? similar Outputs f? other users.
8) NiceNIC.NET may use technology provided by third-party υπηρεσ?α providers to provide AI Services. ?χιtwithstκαιing anything to the contrary contained εδ?in, you auth?ize NiceNIC.NET και such third-party υπηρεσ?α providers to st?e και use σα? Input f? the purposes of providing you with the AI Services, to review Inputs και Outputs f? abuse ? misuse, και to develop και improve the υπηρεσ?αs και products of NiceNIC.NET και such υπηρεσ?α providers, including as part of the design, training και development process f? machine learning models.
3. Δι?ρκειαination και Suspension
Δι?ρκειαination. We reserve the right to suspend ? terminate σα? access to our AI Services ? delete σα? account if we determine:
1) You breached these AI Δι?ρκειαs of Use.
2) We must do so to comply with the law.
3) Your use of our Services could cause risk ? harm to NiceNIC.NET, our users, ? anyone else.
4. Disclaimers
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OUTPUTS OF THE AI SERVICES HAVE NOT BEEN REVIEWED F? ACCURACY, BIAS, EXPLAINABILITY ? INΤΗΛLECTUAL PROPERTY RIGHTS CLEARANCE. NiceNIC.NET MAKES NO REPRESENTATION, WARRANTY ? GUARANTEE AS TO THE ACCURACY, RELIABILITY, ? ERR?-FREE PERF?MANCE OF THE AI SERVICES, INCLUDING (WITHOUT LIMITATION) WHETHER OUTPUTS MAY INFRINGE, MISAPPROPRIATE ? VIOLATE ANY THIRD-PARTY INΤΗΛLECTUAL 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 ? FACTUAL INF?MATION, ? AS A SUBSTITUTE F? PROFESSIONAL ADVICE.
YOU SHOULD SEEK INDEPENDENT PROFESSIONAL ADVICE BEF?E YOU RELY ON ANY OUTPUT GENERATED BY THE AI SERVICES.
5. Limitation on Liability
IN NO EVENT SHALL NiceNIC.NET, ITS OFFICERS, DIRECT?S, EMPLOYEES, AGENTS, ? ANY THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU ? ANY OTHER PERSON ? ENTITY F? ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, ? CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM ANY OUTPUTS CREATED USING THE AI SERVICES.
THE F?EGOING LIMITATION OF LIABILITY SHALL SURVIVE ANY TERMINATION ? EXPIRATION OF THIS AGREEMENT ? YOUR USE OF THIS SITE, THE AI SERVICES ? ANY OTHER SERVICES FOUND AT THIS SITE.
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In the event that a Transfer Επικοινων?α listed in the Whois has not confirmed their request to transfer with the Καταχωρητ?? of Rec?d και the Καταχωρητ?? of Rec?d has not explicitly denied the transfer request, the default action will be that the Καταχωρητ?? of Rec?d must allow the transfer to proceed.
Upon denying a transfer request f? any of the following reasons, the Καταχωρητ?? of Rec?d must provide the Καταχ?ρησηed ?νομα Holder και the potential Gaining Καταχωρητ?? with the reason f? denial. The Καταχωρητ?? of Rec?d may deny a transfer request only in the following specific instances:
YOU AGREE THAT WE WILL NOT BE LIABLE F? ANY (1) SUSPENSION ? LΛΣS OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES ? INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS ? ACCESS INTERRUPTIONS TO OUR SITE ? SERVICES ? DELAYS ? ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LΛΣS ? LIABILITY RESULTING FROM ACTS OF ? EVENTS BEYOND OUR CONTROL INCLUDING , BUT NOT LIMITED TO ANY ERR?S ? TECHNICAL ISSUES OF ANY DOMAIN NAME REGISTRY ? OTHER THIRD PARTY PROVIDER, (6) DATA NON-DELIVERY, MIS-DELIVERY, C?RUPTION, DESTRUCTION ? OTHER MODIFICATION; (7) ? LΛΣS ? LIABILITY RESULTING FROM THE UNAUTH?IZED USE ? MISUSE OF YOUR ACCOUNT IDENTIFIER ? PASSW?D.
YOU ALSO AGREE THAT WE WILL NOT BE LIABLE F? ANY INDIRECT, SPECIAL, INCIDENTAL, ? CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LΛΣT PROFITS) ? F? ANY FINANCIAL ? ECONOMIC LΛΣS ? F? LΛΣS OF PROFITS, LΛΣS OF BUSINESS, DEPLETION OF GOODWILL ? SIMILAR LΛΣSES, LΛΣS OF ANTICIPATED SAVINGS ? LΛΣS ? C?RUPTION OF DATA ? INF?MATION, REGARDLESS OF THE F?M OF ACTION WHETHER IN CONTRACT, T?T (INCLUDING NEGLIGENCE), ? OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE PΛΣSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU F? THE USE OF THE SERVICES, BUT IN NO EVENT GREATER THAN THE AMOUNT F? THE PRI? 1 MONTH OF SERVICES PAID F? UNDER THIS AGREEMENT.
24. General
You may not assign any of σα? rights ? privileges, ? delegate any of σα? duties ? obligations εδ?under, in whole ? in part, by operation of law ? otherwise, to any third party without our pri? written consent. We may at any time assign, transfer, charge, sub-contract this Agreement. This Agreement shall be binding upon και inure to the benefit of the parties εδ?to και their respective permitted success?s και assigns.
NiceNIC.NET reserves the right, in its sole και absolute discretion, to change ? modify this Agreement, και any policies ? agreements which are inc?p?ated εδ?in, at any time και without notice. Any such changes ? modification shall be effective immediately upon posting to the Site. Αν 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 ? continue to use the Services. You agree that σα? exclusive remedy is to transfer σα? Services to another registrar ? request us to terminate σα? Services under this Agreement. NiceNIC.NET may occasionally notify you of changes ? modifications to this Agreement ? the Services by email so it is very imp?tant that you keep σα? account inf?mation current και up to date. NiceNIC.NET is not responsible και assumes no liability f? σα? failure to receive an email notification if such failure results from inaccurate ? out-dated account inf?mation.
This Agreement constitutes the entire agreement between the parties concerning the subject matter εδ?in και supersedes all pri? understκαιings και agreements between the parties, whether written ? ?al, regarding the subject matter εδ?in. Any of the provisions of this Agreement which are determined to be invalid ? unenf?ceable in any jurisdiction shall be ineffective to the extent of such invalidity ? unenf?ceability in such jurisdiction, without rendering invalid ? unenf?ceable the remaining provisions εδ?of ? affecting the validity ? unenf?ceability of any of the terms of this Agreement in any other jurisdiction. A waiver by either party of a breach ? violation of any provision of this Agreement will not constitute ? be construed as a waiver of any subsequent breach ? violation of that provision ? as a waiver of any breach ? violation of any other provision of this Agreement. The headings contained in this Agreement are f? convenience only και shall not affect meaning ? interpretation of this Agreement.
25. ?χιtices
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 acc?dance with the Account και/? WHOIS inf?mation you have provided.
26. Governing Law
This Agreement και its subject matter shall be governed in acc?dance with the laws of Χονγκ Κονγκ και subject to the exclusive jurisdiction of the Χονγκ Κονγκ courts without regard to conflict of laws και principles contained tεδ?in with the exception of disputes related to this Agreement which fall under UDRP, URS, ? similar dispute resolution process as defined by various Registry policies inc?p?ated ? made reference to εδ?in.
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1.3 The Registrant ackτ?ραledges και agrees that the Καταχωρητ?? shall monit? the status of Ον?ματα Domain εγγραφ?ed through the Καταχωρητ?? και shall, at its own initiative ? on receipt of complaint, conduct checks to verify whether a ?νομα Τομ?α is being used in connection with phishing ? "spam" advertising. The Καταχωρητ?? shall delete ? suspend a ?νομα Τομ?α if so directed by HKIRC. HKIRC may issue such a direction on receipt of any notice from any government ? law enf?cement auth?ity (including without limitation the Χονγκ Κονγκ Police F?ce ? the Office of Τηλ?φωνοecommunications Auth?ity) that the use of the ?νομα Τομ?α is in breach of any laws, directives, guidelines, codes of practice ? regulations issued by such local auth?ities, ? if, in HKIRC's reasonable belief, the continuation of registration of the ?νομα Τομ?α ? the operation of web site referenced by the ?νομα Τομ?α is likely to damage ? adversely affect the goodwill, reputation και operation of HKIRC ? the τομ?α? name industry in Χονγκ Κονγκ, ? may expose HKIRC to risks of third party claims ? civil ? criminal prosecution.
F? m?e inf?mation about .HK τομ?α? registration, please refer to the latest version of HKIRC Εγγραφ? 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 υπηρεσ?α provider shall be final και binding on the Registrant και 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 και non-statut?y c?p?ation designated by the Hong-Kong Government to administer the registration of Internet τομ?α? names under .hk και .香港 country-code top level τομ?α?s. F? any comments ? complaints against NICENIC INTERNATIONAL GROUP CO., LTD regarding its accreditation’s compliance, please find εδ? useful inf?mation: HKIRC Dispute Resolution Policies - https://www.hkirc.hk/en/our_supp?t/τομ?α?_dispute_policies_και_procedures/τομ?α?_name_dispute_resolution_policies/; HKIRC DNDRP Rules of Procedure - https://www.hkirc.hk/en/our_supp?t/τομ?α?_dispute_policies_και_procedures/rules_of_procedures/; ? Ηλεκτρονικ? Ταχυδρομε?ο address: info@hkirc.hk.
6 REGISTRANT WARRANTIES
The Registrant ackτ?ραledges that the Καταχωρητ?? και HKIRC rely on all representations made και warranties given by the Registrant in determining if the application f? a ?νομα Τομ?α should be approved.
F? m?e inf?mation about "Acceptable Use Policy", please refer to https://www.hkirc.hk/τομ?α?_policies/EN_Domain_?νομα_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. ?χιw that you have met the requirements of ICANN, our team is looking f?ward to assisting you in completing the Verisign certification process so you can quickly begin εγγραφ?ing .com και .net τομ?α? names. We hope this supp?t will prove to be helpful in reducing the investment of σα? internal resources και time."
PIR:
"ICANN has inf?med .ORG, managed by the Public Interest Registry (PIR) that you have recently completed σα? ICANN accreditation to become a registrar και wish to partner with us by becoming an .ORG accredited registrar."
Τηλ?φωνοnic:
"We received notification from ICANN that you have added the .tel appendix to σα? agreement with them. Tεδ? hasn't been a better time to become involved with .tel τομ?α?s και we are pleased to assist you in becoming accredited as a participating .tel registrar."
ICM:
"Congrats on σα? recent ICANN Πιστοπο?ηση..."
Neustar:
"We have been notified that σα? company is τ?ρα ICANN-accredited as a .BIZ registrar. Neustar looks f?ward to getting σα? company up και running as soon as possible!"
Περισσ?τερα registries will be notified by ICANN f? the c?responding τομ?α? names signed in the RAA in the επ?μενο days, we NiceNIC have been staying f? the disposal of sign-up/accreditation process, striving to save time και expedite each step if possible. The concerned technical staffs have been arranged to re-set the product prices to a m?e competitive level. Λεπτομ?ρειαed inf?mation will come out when available.
Flying with the strong momentum, our English version website NiceNIC.NETwas launched with her unique style of "Keep Internet Simple Stupid" (acronym "KISS"), και dedicated to offer clients easy to navigate, fast to locate υπηρεσ?αs in τομ?α? name registration, web hosting αγορ?, 1 to 1 customer supp?t.
Stκαιing at the peak of internet infrastruture, we firstly need to appreciate every client, και every website viewer who ever stayed εδ?, without σα? persistant supp?t και comprehension, we are nothing, hope 2012 will bring you και σα? family lucky, happy, healthy life.
http://www.icann.org/registrar-rep?ts/accreditation-qualified-list.html
http://www.icann.org/registrar-rep?ts/accredited-list.html
http://www.internic.com/alpha.html
| ZhuHai NaiSiNiKe Inf?mation Technology Co Ltd. | 2009 | China | .asia .biz .com .info .mobi .name .net .org .tel .xxx |
?λα the best,
NiceNIC.NET Team
ZhuHai NaiSiNiKe Inf?mation 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 f? Enf?cement concerning a dispute under this Dispute Resolution Policy.
1.2 Dispute Resolution Provider
1.3 The Dispute Resolution Provider must be an independent και neutral third party that is neither associated n? affiliated with either Καταχωρητ?? involved in the dispute ? the Registry Operat? under which the disputed τομ?α? name is εγγραφ?ed. ICANN shall have the auth?ity to accredit one ? m?e independent και neutral Dispute Resolution Providers acc?ding to criteria developed in acc?dance with this Dispute Resolution Policy.
1.4 FOA
F?m of Auth?ization - The stκαιardized f?m of consent that the Gaining Καταχωρητ?? και Καταχωρητ?? of Rec?d are required to use to obtain auth?ization from the Registrant ? Administrative Επικοινων?α in ?der to properly process the transfer of τομ?α? name spons?ship from one Καταχωρητ?? to another.
1.5 Gaining Καταχωρητ??
The Καταχωρητ?? that submitted to the Registry the request f? the transfer of a τομ?α? spons?ship from the Καταχωρητ?? of Rec?d.
1.6 Καταχωρητ?? of Rec?d
The Καταχωρητ?? of Rec?d f? a τομ?α? name f? which the Registry received a transfer of spons?ship request.
1.7 Registrant
The Registrant is the individual ? ?ganization that εγγραφ?s a specific τομ?α? name. This individual ? ?ganization holds the right to use that specific τομ?α? name f? a specified period of time, provided certain conditions are met και the registration fees are paid. This person ? ?ganization is the "legal entity" bound by the terms of the relevant υπηρεσ?α agreement with the Registry operat? f? the TLD in question.
1.8 Registry (Registry Operat?)
The ?ganization auth?ized by ICANN to provide registration υπηρεσ?αs f? a given TLD to ICANN-accredited Καταχωρητ??s.
1.9 Supplemental Rules
The Supplemental Rules shall mean those rules adopted by the Registry Operat?, in the case of First Επ?πεδο disputes (as set f?th below), ? 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 και shall cover topics such as fees, w?d και page limits και guidelines, the means f? communicating with the Provider, και the f?m of cover sheets.
1.10 Transfer Policy
The Policy on Transfer of Spons?ship of Εγγραφ?s between Καταχωρητ??s which is in f?ce as part of the Registry-Καταχωρητ?? Agreement executed between a Καταχωρητ?? και the Registry, as well as the Καταχωρητ?? Πιστοπο?ηση Agreement which is executed between ICANN και all ICANN- accredited registrars.
2. Dispute Resolution Process
Tεδ? are two possible steps to the Καταχωρητ?? Transfer Dispute Resolution Process. A Καταχωρητ?? may elect one ? both of the steps pursuant to the rules below. In the event a Καταχωρητ?? either files a Request f? Enf?cement (as described below) with a Second-Επ?πεδο Dispute Provider, ? files an Appeal (as described below) with a Dispute Provider, it may not revert to the First-Επ?πεδο Registry option later f? the same filing ? matter presented f? resolution.
2.1 First Επ?πεδο - Registry Operat?
A Καταχωρητ?? may choose to file a dispute directly with the relevant Registry Operat?. Any decisions made by the Registry Operat? may be appealed to a Dispute Resolution Provider. A Καταχωρητ?? may file a dispute directly to a Dispute Resolution Provider; however, in that case the filing Καταχωρητ?? would f?feit any right to appeal the decision of the Dispute Resolution Provider.
2.2 Second-Επ?πεδο - Dispute Resolution Panel
The primary intent of this step is to provide a means f? 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 wεδ? a Καταχωρητ?? of Rec?d 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 wεδ? a Gaining Καταχωρητ?? 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 Επ?πεδο (Registry)
3.1 Καταχωρητ?? files a Request f? Enf?cement with the applicable Registry Operat?
3.1.1 Either the Gaining ? Καταχωρητ?? of Rec?d ("Filing Καταχωρητ??") may submit a Request f? Enf?cement. This must be done in acc?dance with the Supplemental Rules adopted by the applicable Registry Operat?.
3.1.2 The Request f? Enf?cement shall be submitted to the Registry και to the Respondent (the ?χιn-filing Καταχωρητ??) in electronic f?m και shall:
(i) Request that the Request f? Enf?cement be submitted f? decision in acc?dance with the Καταχωρητ?? Transfer και Dispute Resolution Policy και the applicable Supplemental Rules;
(ii) Provide the name, postal και e-mail addresses, και the telephone και fax numbers of the Filing Καταχωρητ?? και those representatives auth?ized by the Filing Καταχωρητ?? to act on behalf of the Filing Καταχωρητ?? in the administrative proceeding;
(iii) Provide the name of the Respondent και all inf?mation (including any postal και e-mail addresses και telephone και fax numbers) kτ?ραn to Filing Καταχωρητ?? regarding how to contact Respondent ? any representative of Respondent, including contact inf?mation based on pre-complaint dealings;
(iv) Specify the τομ?α? name(s) that is/are the subject of the Request f? Enf?cement;
(v) Specify the incident(s) that gave rise to the dispute;
(vi) Describe, in acc?dance with the Policy, the grounds on which the Request f? Enf?cement is based;
(vii) State the specific remedy being sought (either approval ? denial of the transfer);
(viii) Identify any other legal proceedings that have been commenced ? terminated in connection with ? relating to any of the τομ?α? name(s) that are the subject of the complaint;
(ix) Certify that a copy of the Request f? Enf?cement, together with the cover sheet as prescribed by the Provider's Supplemental Rules, has been sent ? transmitted to the Respondent; και
(x) Conclude with the following statement followed by the signature of the Complainant ? its auth?ized representative:
"<insert name of Filing Καταχωρητ??> agrees that its claims και remedies concerning the registration of the τομ?α? name, the dispute, ? the dispute's resolution shall be solely against the Respondent και waives all such claims και remedies against the Registry Operat? as well as its direct?s, officers, employees, και agents, except in the case of deliberate wrongdoing ? gross negligence."
"<insert name of Filing Καταχωρητ??> certifies that the inf?mation contained in this Request f? Enf?cement is to the best of Filing Καταχωρητ??'s kτ?ραledge complete και accurate, that this Request f? Enf?cement is not being presented f? any improper purpose, such as to harass, και that the assertions in this Request f? Enf?cement are warranted under this Policy και under applicable law, as it τ?ρα exists ? as it may be extended by a good-faith και reasonable argument."3.1.3 The Request f? Enf?cement may relate to m?e than one τομ?α? name, provided that the τομ?α? names involve the same Filing Καταχωρητ?? και Respondent και that the claims arise out of the same ? similar factual circumstances.
3.1.4 The Request f? Enf?cement shall annex the following documentary evidence (as applicable και available) in electronic f?m if possible, together with a schedule indexing such evidence:
(i) F? the Gaining Καταχωρητ??:
a. Completed F?m of Auth?ization ("FOA")
b. Copy of the Whois output f? the date transfer was initiated, which was used to identify the auth?ized Transfer Επικοινων?αs
c. Copy of evidence of identity used
d. Copy of a bilateral agreement, final determination of a dispute resolution body ? court ?der in cases when the Registrant of Rec?d is being changed simultaneously with a Καταχωρητ?? Transfer
e. Copies of all communications made to the Καταχωρητ?? of Rec?d with regard to the applicable transfer request along with any responses from the Καταχωρητ?? of Rec?d
(ii) F? the Καταχωρητ?? of Rec?d:
a. Completed FOA from Καταχωρητ?? of Rec?d if applicable
b. Copy of the Whois output f? the date the transfer was initiated
c. Relevant hist?y 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 Καταχωρητ?? with regard to the applicable transfer request along with any responses from the Gaining Καταχωρητ??.
3.2 The ?χιn-Filing Καταχωρητ?? ("Respondent") shall have seven (7) calendar days from receipt of the Request f? Enf?cement to prepare a Response to the Request f? Enf?cement ("Response").
3.2.1 The Response shall be submitted in electronic f?m to both the Registry και Filing Καταχωρητ?? και shall:
(i) Respond specifically to the statements και allegations contained in the Request f? Enf?cement (This p?tion of the response shall comply with any w?d ? page limit set f?th in the Dispute Resolution Provider's Supplemental Rules.);
(ii) Provide the name, postal και e-mail addresses, και the telephone και fax numbers of the Respondent (non-filing Καταχωρητ??);
(iii) Identify any other legal proceedings that have been commenced ? terminated in connection with ? relating to any of the τομ?α? name(s) that are the subject of the Request f? Enf?cement;
(iv) State that a copy of the Response has been sent ? transmitted to the Filing Καταχωρητ??;
(v) Conclude with the following statement followed by the signature of the Respondent ? its auth?ized representative:
"Respondent certifies that the inf?mation contained in this Response is to the best of Respondent's kτ?ραledge complete και accurate, that this Response is not being presented f? any improper purpose, such as to harass, και that the assertions in this Response are warranted under these Rules και under applicable law, as it τ?ρα exists ? as it may be extended by a good-faith και reasonable argument."; και
(vi) Annex any documentary ? other evidence upon which the Respondent relies, together with a schedule indexing such documents.
3.2.2 Στο the request of the Respondent, the Registry Operat? may, in exceptional cases, extend the period of time f? the filing of the response, but in no case may the extension be m?e 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 Operat?.
3.2.3 Αν a Respondent does not submit a response, in the absence of exceptional circumstances, the Registry Operat? shall decide the dispute based upon the Request f? Enf?cement.
3.3 Registry Operat? must review all applicable documentation και compare registrant/contact data with that contained within the auth?itative Whois database και reach a conclusion not later than 14 days after receipt of the Response.
3.3.1 Αν the data included in the Request f? Enf?cement does not match the data listed in the auth?itative Whois, the Registry Operat? must contact each Καταχωρητ?? και require additional documentation.
3.3.2 Αν the Gaining Καταχωρητ?? cannot provide a complete FOA with data matching that contained within the auth?itative Whois database, then the Registry Operat? shall find that the transfer should be reversed. In the case of a thick Registry, if the Καταχωρητ?? of Rec?d's Whois is not accessible ? invalid, the Registry Operat?'s Whois should be used. In the case of a thin Registry, if the Καταχωρητ?? of Rec?d's Whois is not accessible ? is invalid, the Registry Operat? must notify ICANN και place the dispute on hold until such time as the specific problem is resolved by ICANN.
3.3.3 In the case wεδ? a Καταχωρητ?? of Rec?d denies a request f? a τομ?α? name transfer ("NACKs"), the Καταχωρητ?? of Rec?d must provide evidence of one of the fact?s f? which it is allowed to NACK. Αν the Καταχωρητ?? of Rec?d cannot provide evidence that demonstrates any of the fact?s, και the Gaining Καταχωρητ?? provides to the Registry a complete FOA with data matching that contained within the auth?itative Whois database, then the transfer must be approved to be processed.
3.3.4 Αν the data provided by neither Καταχωρητ?? appears to be conclusive, then the Registry shall issue a finding of "no decision." Αν the data provided to the Registry is complete και provides sufficient basis f? a determination based on the Policy, the Registry may not issue a finding of "no decision." Either Καταχωρητ?? shall be able to appeal such issue to a Second-Επ?πεδο Dispute Resolution Provider in acc?dance with the provisions set f?th below.
3.4 Fees f? First-Επ?πεδο Dispute Resolution Service
3.4.1 Tεδ? is no filing fee assessed to the Filing Καταχωρητ?? at the time the Request f? Enf?cement is submitted to the Registry Operat?.
3.4.2 The Καταχωρητ?? that does not προηγο?μενοail in the dispute will be assessed a fee to be set by the Registry Operat?. Such fee shall be set f?th in the Registry's Supplemental Rules that are in effect at the time that the Request f? Enf?cement 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 Operat? shall collect the applicable fees from the Filing Καταχωρητ??.
3.5 Availability of Court Proceedings
The procedures set f?th above shall not προηγο?μενοent a Καταχωρητ?? from submitting a dispute to a court of competent jurisdiction f? independent resolution bef?e such an administrative proceeding is commenced ? after such proceeding is concluded. Αν a Registry Operat? decides a τομ?α? name registration should be transferred (either to the Gaining Καταχωρητ??, ? alternatively, back from the Gaining Καταχωρητ?? to the Καταχωρητ?? of Rec?d), the Registry will wait fourteen (14) calendar days after it is inf?med of the decision bef?e 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 τομ?α? name(s). Αν such documentation is received by the Registry Operat? within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented to the Registry Operat? that the parties have resolved such dispute; (ii) evidence is presented to the Registry Operat? that the lawsuit has been dismissed ? withdrawn; ? (iii) the Registry Operat? receives a copy of an ?der from such court.
4. Dispute Procedures at the Second Επ?πεδο with a Dispute Resolution Provider
4.1 The υπηρεσ?αs of the Dispute Resolution Panel may be invoked in any of the following two situations:
(i) A Filing Καταχωρητ?? may elect to skip the First-Επ?πεδο dispute process at Registry level και submit a Request f? Enf?cement directly with a Dispute Resolution Provider;
(ii) The non-προηγο?μενοailing Καταχωρητ?? in a First-Επ?πεδο dispute proceeding may submit an appeal of the applicable Registry Operat?'s decision to the Dispute Resolution Provider. Προσθ?κηitionally, in the case wεδ? the result in the First-Επ?πεδο dispute process is a "no-decision," either Καταχωρητ?? may file an Appeal of such decision to a Dispute Resolution Provider.
4.2 Initial Request f? Enf?cement
4.2.1 In the event that the Filing Καταχωρητ?? elects to submit a Request f? Enf?cement to the Dispute Resolution Provider in lieu of submitting a Request f? Enf?cement to the applicable Registry Operat?, the obligations και responsibilities set f?th 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 και compare registrant/contact data with that contained within the auth?itative Whois database και reach a conclusion not later than thirty (30) days after receipt of Response from the Respondent.
(i) Αν the data does not match the data listed in auth?itative Whois, the Dispute Resolution Panel should contact each Καταχωρητ?? και require additional documentation.
(ii) Αν the Gaining Καταχωρητ?? is unable to provide a complete FOA with data matching that contained within the auth?itative 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 Καταχωρητ?? of Rec?d's Whois is not accessible ? invalid, the applicable Registry Operat?'s Whois should be used. In the case of a thin Registry, if the Καταχωρητ?? of Rec?d's Whois is not accessible ? is invalid, the Dispute Resolution Provider may place the dispute on hold until such time as the problem is resolved.
(iii) In the case wεδ? a Καταχωρητ?? of Rec?d NACKs a transfer, the Καταχωρητ?? of Rec?d must provide evidence of one of the fact?s f? which it is allowed to NACK as set f?th in Section 3.1.4 (ii) of this Dispute Resolution Policy. Αν the Καταχωρητ?? of Rec?d cannot provide evidence that demonstrates any of the fact?s, και the Gaining Καταχωρητ?? provides to the Dispute Resolution Provider a complete FOA with data matching that contained within the auth?itative Whois database at the time of the transfer request, then the transfer should be approved.
(iv) Unlike under the First-Επ?πεδο 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 και determine, based on a preponderance of the evidence, which Καταχωρητ?? should προηγο?μενοail in the dispute και what resolution to the Request f? Enf?cement will appropriately redress the issues set f?th in the Request f? Enf?cement.
(v) Resolution options f? the Dispute Resolution Panel are limited to the following:
a. Approve Transfer
b. Deny the Transfer (? ?dering the τομ?α? name be returned to the Καταχωρητ?? of Rec?d in cases wεδ? a Transfer has already occurred)
4.3 Appeal of First Επ?πεδο Dispute Decision ? Registry Operat? Finding of "?χι-Decision."
4.3.1 In the event that the Καταχωρητ?? which does not προηγο?μενοail in the First-Επ?πεδο dispute is dissatisfied by the Registry-Operat?'s decision, such Καταχωρητ?? 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-Επ?πεδο decision was issued.
4.3.2 In the event that the Registry Operat? issues a finding of "no-decision" in acc?dance with Section 3.3.4 above, either Καταχωρητ?? 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-Επ?πεδο decision was issued.
4.3.3 In either case, the document submitted by the Καταχωρητ?? to the Dispute Resolution Provider shall be referred to as an "Appeal."
4.3.4 The Appellant shall submit the Appeal in electronic f?m και shall:
(i) Request that the Appeal be submitted f? decision in acc?dance with the Policy και these Rules;
(ii) Provide the name, postal και e-mail addresses, και the telephone και telefax numbers of the Appellant και of any representative auth?ized by the Appellant to act on behalf of the Appellant in the administrative proceeding;
(iii) Provide the name of the Appellee και all inf?mation (including any postal και e-mail addresses και telephone και telefax numbers) kτ?ραn to Appellee regarding how to contact Appellee ? any representative of Appellee, including contact inf?mation based on pre-Request f? Enf?cement και pre-Appeal dealings;
(iv) Specify the τομ?α? 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 f? such appeal, including specific responses to the findings of the Registry Operat? in the First-Επ?πεδο Dispute process. (This p?tion of the response shall comply with any w?d ? page limit set f?th in the Dispute Resolution Provider's Supplemental Rules);
(vii) Specify, in acc?dance with the Policy, the remedies sought;
(viii) Identify any other related legal proceedings kτ?ραn to the Appellant that have been commenced ? terminated in connection with ? relating to any of the τομ?α? 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 ? transmitted to the Appellee; και
(x) Conclude with the following statement followed by the signature of the Appellant ? its auth?ized representative:
"Appellant agrees that its claims και remedies concerning the registration of the τομ?α? name, the dispute, ? the dispute's resolution shall be solely against the Appellee και waives all such claims και remedies against the Dispute Resolution Provider και the Registry Operat? as well as their direct?s, officers, employees, και agents, except in the case of deliberate wrongdoing ? gross negligence."
"Appellant certifies that the inf?mation contained in this Appeal is to the best of Appellant's kτ?ραledge complete και accurate, that this Appeal is not being presented f? any improper purpose, such as to harass, και that the assertions in this Appeal are warranted under this Policy και under applicable law, as it τ?ρα exists ? as it may be extended by a good-faith και reasonable argument."
4.3.5 The Appeal may relate to m?e than one τομ?α? name, provided that the τομ?α? names involve the same decision issued by the Registry Operat? f? the First-Επ?πεδο Dispute.4.3.6 The Appeal shall annex any documentary evidence that was not already submitted to the Registry Operat? during the First-Επ?πεδο Dispute.
4.3.7 A Dispute Resolution Provider must request all documentation relating to the First-Επ?πεδο Dispute from the applicable Registry Operat? no later than seven (7) calendar days of receipt of the appeal. The Registry Operat? 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 και 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 ? 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 ?χιvo basis. Although the Dispute Resolution Panel is not bound by the findings of the Registry Operat? 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 και determine the appropriate resolution to the issues presented.
4.4 Fees f? Second-Επ?πεδο Dispute Resolution Service
4.4.1 In the case of either a Request f? Enf?cement ? an Appeal filed at the Second Επ?πεδο, the applicable Dispute Resolution Provider shall determine the applicable filing fee ("Filing Fee"). The specific fees along with the terms και 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 Καταχωρητ?? ? Appellant, whichever applicable, does not προηγο?μενοail in a Second-Επ?πεδο dispute, the Filing Fees shall be retained by the Dispute Resolution Provider.
4.4.3 In the event that the Filing Καταχωρητ?? ? Appellant, whichever applicable, προηγο?μενοails in a Second-Επ?πεδο dispute, the Respondent ? 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 Καταχωρητ?? ? Appellant, whichever applicable, the Filing Fees, no later than fourteen (14) calendar days after it receives the Filing Fees from the Respondent ? Appellee. Such fees must be paid regardless of whether a Court Proceeding is commenced in acc?dance 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 f?th above shall not προηγο?μενοent a Καταχωρητ?? from submitting a dispute to a court of competent jurisdiction f? independent resolution bef?e such administrative proceeding is commenced ? after such proceeding is concluded. Αν a Dispute Resolution Panel decides a τομ?α? name registration should be transferred (either to the Gaining Καταχωρητ??, ? alternatively, back from the Gaining Καταχωρητ?? to the Καταχωρητ?? of Rec?d), such Καταχωρητ?? will wait fourteen (14) calendar days after it is inf?med of the decision bef?e 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 τομ?α? name(s). Αν 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 ? withdrawn; ? (iii) a copy of an ?der from such court dismissing the lawsuit ? ?dering certain actions with respect to the τομ?α? name.
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1. Καταχωρητ?? Requirements
Καταχ?ρησηed ?νομα Holders must be able to transfer their τομ?α? name registrations between Καταχωρητ??s provided that the Gaining Καταχωρητ??'s transfer process meets the minimum stκαιards of this policy και that such transfer is not prohibited by ICANN ? Registry policies. Inter-Καταχωρητ?? τομ?α? name transfer processes must be clear και concise in ?der to avoid confusion. Further, Καταχωρητ??s should make reasonable eff?ts to inf?m Καταχ?ρησηed ?νομα Holders of, και provide access to, the published documentation of the specific transfer process employed by the Καταχωρητ??s.
1.1 Transfer Auth?ities
The Administrative Επικοινων?α και the Καταχ?ρησηed ?νομα Holder, as listed in the Losing Καταχωρητ??'s ? applicable Registry's (wεδ? available) publicly accessible WHOIS υπηρεσ?α are the only parties that have the auth?ity to approve ? deny a transfer request to the Gaining Καταχωρητ??. In the event of a dispute, the Καταχ?ρησηed ?νομα Holder's auth?ity supersedes that of the Administrative Επικοινων?α.
Καταχωρητ??s may use Whois data from either the Καταχωρητ?? of Rec?d ? the relevant Registry f? the purpose of verifying the authenticity of a transfer request; ? from another data source as determined by a consensus policy.
2. Gaining Καταχωρητ?? Requirements
F? each instance wεδ? a Καταχ?ρησηed ?νομα Holder requests to transfer a τομ?α? name registration to a different Καταχωρητ??, the Gaining Καταχωρητ?? shall:
2.1 Obtain express auth?ization from either the Καταχ?ρησηed ?νομα Holder ? the Administrative Επικοινων?α (εδ?after, "Transfer Επικοινων?α"). Hence, a transfer may only proceed if confirmation of the transfer is received by the Gaining Καταχωρητ?? from the Transfer Επικοινων?α.
2.1.1 The auth?ization must be made via a valid Stκαιardized F?m of Auth?ization (FOA). Tεδ? are two different FOA's available at the ICANN website. The FOA labeled "Initial Auth?ization f? Καταχωρητ?? Transfer" must be used by the Gaining Καταχωρητ?? to request an auth?ization f? a registrar transfer from the Transfer Επικοινων?α. The FOA labeled "Επιβεβα?ωσηation of Καταχωρητ?? Transfer Request" may be used by the Καταχωρητ?? of Rec?d to request confirmation of the transfer from the Transfer Επικοινων?α.
The FOA shall be communicated in English, και any dispute arising out of a transfer request shall be conducted in the English language. Καταχωρητ??s may choose to communicate with the Transfer Επικοινων?α in additional languages. However, Καταχωρητ??s choosing to exercise such option are responsible f? the accuracy και completeness of the translation into such additional non-English version of the FOA.
2.1.2 In the event that the Gaining Καταχωρητ?? relies on a physical process to obtain this auth?ization, a paper copy of the FOA will suffice insofar as it has been signed by the Transfer Επικοινων?α και further that it is accompanied by a physical copy of the Καταχωρητ?? of Rec?d's Whois output f? the τομ?α? name in question.
2.1.2.1 Αν the Gaining Καταχωρητ?? relies on a physical auth?ization process, then the Gaining Καταχωρητ?? assumes the burden of obtaining reliable evidence of the identity of the Transfer Επικοινων?α και maintaining appropriate rec?ds proving that such evidence was obtained. Further the Gaining Καταχωρητ?? also assumes the burden f? ensuring that the entity making the request is indeed auth?ized to do so. The acceptable f?ms of physical identity are:
2.1.3 In the event that the Gaining Καταχωρητ?? relies on an electronic process to obtain this auth?ization the acceptable f?ms of identity would include:
The Καταχωρητ?? of Rec?d may not deny a transfer request solely because it believes that the Gaining Καταχωρητ?? has not received the confirmation set f?th above.
A transfer must not be allowed to proceed if no confirmation is received by the Gaining Καταχωρητ??. The presumption in all cases will be that the Gaining Καταχωρητ?? has received και authenticated the transfer request made by a Transfer Επικοινων?α.
2.2 Request, by the transmission of a "transfer" commκαι as specified in the Καταχωρητ?? Για ναol Kit, that the Registry Operat? database be changed to reflect the new Καταχωρητ??.
2.2.1 Transmission of a "transfer" commκαι constitutes a representation on the part of the Gaining Καταχωρητ?? that the requisite auth?ization has been obtained from the Transfer Επικοινων?α listed in the auth?itative Whois database.
2.2.2 The Gaining Καταχωρητ?? is responsible f? validating the Καταχ?ρησηed ?νομα Holder requests to transfer τομ?α? names between Καταχωρητ??s. However, this does not preclude the Καταχωρητ?? of Rec?d from exercising its option to independently confirm the Καταχ?ρησηed ?νομα Holder's intent to transfer its τομ?α? name to the Gaining Καταχωρητ?? in acc?dance with Section 3 of this policy.
3. Obligations of the Καταχωρητ?? of Rec?d
A Καταχωρητ?? of Rec?d can choose independently to confirm the intent of the Καταχ?ρησηed ?νομα Holder when a notice of a pending transfer is received from the Registry. The Καταχωρητ?? of Rec?d must do so in a manner consistent with the stκαιards set f?th in this agreement pertaining to Gaining Καταχωρητ??s. In ?der to ensure that the f?m of the request employed by the Καταχωρητ?? of Rec?d is substantially administrative και inf?mative in nature και clearly provided to the Transfer Επικοινων?α f? the purpose of verifying the intent of the Transfer Επικοινων?α, the Καταχωρητ?? of Rec?d must use the FOA.
The FOA shall be communicated in English, και any dispute arising out of a transfer request, shall be conducted in the English language. Καταχωρητ??s may choose to communicate with the Transfer Επικοινων?α in additional languages. However, the Καταχωρητ?? choosing to exercise such option is responsible f? the accuracy και completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes και procedures set f?th in this policy. This includes but is not limited to the requirement that no Καταχωρητ?? shall add any additional inf?mation to the FOA used to obtain the consent of the Transfer Επικοινων?α in the case of a transfer request.
This requirement does not preclude the Καταχωρητ?? of Rec?d from marketing to its existing customers through separate communications.
The FOA should be sent by the Καταχωρητ?? of Rec?d to the Transfer Επικοινων?α as soon as operationally possible, but must be sent not later than twenty-four (24) hours after receiving the transfer request from the Registry Operat?.Failure by the Καταχωρητ?? of Rec?d 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 Επικοινων?α listed in the Whois has not confirmed their request to transfer with the Καταχωρητ?? of Rec?d και the Καταχωρητ?? of Rec?d has not explicitly denied the transfer request, the default action will be that the Καταχωρητ?? of Rec?d must allow the transfer to proceed.
Upon denying a transfer request f? any of the following reasons, the Καταχωρητ?? of Rec?d must provide the Καταχ?ρησηed ?νομα Holder και the potential Gaining Καταχωρητ?? with the reason f? denial. The Καταχωρητ?? of Rec?d may deny a transfer request only in the following specific instances:
Instances when the requested change of Καταχωρητ?? may not be denied include, but are not limited to:
The Καταχωρητ?? of Rec?d has other mechanisms available to collect payment from the Καταχ?ρησηed ?νομα Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the Καταχωρητ?? of Rec?d must not employ transfer processes as a mechanism to secure payment f? υπηρεσ?αs from a Καταχ?ρησηed ?νομα Holder. Exceptions to this requirement are as follows:
(i) In the case of non-payment f? προηγο?μενοious registration period(s) if the transfer is requested after the expiration date, ?
(ii) In the case of non-payment of the current registration period, if transfer is requested bef?e the expiration date.
4. Καταχωρητ?? Co?dination
Each Καταχωρητ?? is responsible f? keeping copies of documentation, including the FOA και the Transfer Επικοινων?αs response tεδ?to, that may be required f? filing και supp?ting a dispute under the dispute resolution policy. Gaining Καταχωρητ??s must maintain copies of the FOA as received from the Transfer Επικοινων?α as per the stκαιard document retention policies of the contracts. Copies of the reliable evidence of identity must be kept with the FOA.
Both the Gaining Καταχωρητ?? και the Καταχωρητ?? of Rec?d must provide the evidence relied on f? the transfer during και after the applicable inter-registrar τομ?α? name transaction(s). Such inf?mation must be provided when requested by, και only by, the other Καταχωρητ?? that is party to the transfer transaction. Προσθ?κηitionally, ICANN, the Registry Operat?, a court ? auth?ity with jurisdiction over the matter ? a third party dispute resolution panel may also require such inf?mation within five (5) days of the request.
The Gaining Καταχωρητ?? must retain, και produce pursuant to a request by a Losing Καταχωρητ??, a written ? electronic copy of the FOA. In instances wεδ? the Καταχωρητ?? of Rec?d has requested copies of the FOA, the Gaining Καταχωρητ?? must fulfill the Καταχωρητ?? of Rec?ds request (including providing the attendant supp?ting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds f? reversal by the Registry Operat? ? the Dispute Resolution Panel in the event that a transfer complaint is filed in acc?dance with the requirements of this policy.
Αν either a Καταχωρητ?? of Rec?d ? a Gaining Καταχωρητ?? does not believe that a transfer request was hκαιled in acc?dance with the provisions of this policy, then the Καταχωρητ?? may initiate a dispute resolution procedure as set f?th in Section C of this policy.
F? purposes of facilitating transfer requests, Καταχωρητ??s should provide και maintain a unique και private email address f? use only by other Καταχωρητ??s και the Registry:
i. This email address is f? issue related to transfer requests και the procedures set f?th 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 f? Καταχωρητ??s
In EPP-based gTLD Registries, Καταχωρητ??s must follow the requirements set f?th below.
Καταχωρητ??s must provide the Καταχ?ρησηed ?νομα Holder with the unique "AuthInfo" code within five (5) calendar days of the Καταχ?ρησηed ?νομα Holder's initial request if the Καταχωρητ?? does not provide facilities f? the Καταχ?ρησηed ?νομα Holder to generate και manage their own unique "AuthInfo" code.
Καταχωρητ??s may not employ any mechanism f? complying with a Καταχ?ρησηed ?νομα Holder's request to obtain the applicable "AuthInfo Code" that is m?e restrictive than the mechanisms used f? changing any aspect of the Καταχ?ρησηed ?νομα Holder's contact ? name server inf?mation.
The Καταχωρητ?? of Rec?d must not refuse to release an "AuthInfo Code" to the Καταχ?ρησηed ?νομα Holder solely because tεδ? is a dispute between the Καταχ?ρησηed ?νομα Holder και the Καταχωρητ?? over payment.
Καταχωρητ??-generated "AuthInfo" codes must be unique on a per-τομ?α? basis.
The "Auth-Info" codes must be used solely to identify a Καταχ?ρησηed ?νομα Holder, wεδ?as the FOA's still need to be used f? auth?ization ? confirmation of a transfer request, as described in Section 2 και Section 4 of this policy.
6. Registry Requirements
Upon receipt of the "transfer" commκαι from the Gaining Καταχωρητ??, Registry Operat? will transmit an electronic notification to both Καταχωρητ??s. 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 Καταχωρητ?? f? the purpose of facilitating transfers.
The Registry Operat? shall complete the requested transfer unless, within five (5) calendar days, Registry Operat? receives a NACK protocol commκαι from the Καταχωρητ?? of Rec?d.
When the Registry's database has been updated to reflect the change to the Gaining Καταχωρητ??, Registry Operat? will transmit an electronic notification to both Καταχωρητ??s. The notification may be sent to the unique email address established by each Καταχωρητ?? f? the purpose of facilitating transfers ? such other email address agreed to by the parties.
The Registry Operat? shall undo a transfer if, after a transfer has occurred, the Registry Operat? receives one of the notices as set f?th below. In such case, the transfer will be reversed και the τομ?α? name reset to its ?iginal state. The Registry Operat? 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 Operat? 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 Καταχωρητ?? of Rec?d και the Gaining Καταχωρητ?? sent by email, letter ? fax that the transfer was made by mistake ? was otherwise not in acc?dance with the procedures set f?th in this policy;
ii. The final determination of a dispute resolution body having jurisdiction over the transfer; ?
iii. Order of a court having jurisdiction over the transfer.
7. Rec?ds of Εγγραφ?
Each Καταχωρητ?? shall require its customer, the Καταχ?ρησηed ?νομα Holder, to maintain its own rec?ds appropriate to document και prove the initial τομ?α? name registration date.
8. Effect on Δι?ρκεια of Εγγραφ?
The completion by Registry Operat? of a holder-auth?ized transfer under this Part A shall result in a one-?το? extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) ?τη.
B. ICANN-Approved Transfers
Transfer of the spons?ship of all the registrations spons?ed by one Καταχωρητ?? as the result of (i) acquisition of that Καταχωρητ?? ? its assets by another Καταχωρητ??, ? (ii) lack of accreditation of that Καταχωρητ?? ? lack of its auth?ization with the Registry Operat?, may be made acc?ding to the following procedure:
(a) The gaining Καταχωρητ?? must be accredited by ICANN f? the Registry TLD και must have in effect a Registry-Καταχωρητ?? Agreement with Registry Operat? f? the Registry TLD.
(b) ICANN must certify in writing to Registry Operat? that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual ? imminent business failure of a Καταχωρητ??.
Upon satisfaction of these two conditions, Registry Operat? will make the necessary one-time changes in the Registry database f? no charge, f? transfers involving 50,000 name registrations ? fewer. Αν the transfer involves registrations of m?e than 50,000 names, Registry Operat? will charge the gaining Καταχωρητ?? a one-time flat fee of US$ 50,000.
C. Transfer Dispute Resolution Policy
Procedures f? hκαιling disputes concerning inter-registrar transfers are set f?th in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operat?s και ICANN accredited Καταχωρητ??s.
]]>We respect σα? individual privacy. That is why we have adopted this Πολιτικ? Απορρ?του, which embodies our commitment to the protection of σα? privacy through adεδ?nce to fair electronic inf?mation practices. This Πολιτικ? Απορρ?του puts you, the individual, in control of how σα? personal inf?mation is processed, και you have our promise that we will not electronically process σα? personal inf?mation in any way that is incompatible with this Πολιτικ? Απορρ?του.
This Πολιτικ? Απορρ?του protects σα? privacy by:
> inf?ming you about the types of personal inf?mation NiceNIC collects about you through its Διαδ?κτυο sites;4. How We Put Inf?mation Για να Good Use