This Agreement is made between you (aquí inafter referred to as “Userâ€) y www.unionroom.cn (aquí inafter referred to as “the Platfomâ€). By using the Platfom’s Comprar Now Dominio Sales servicio, you agree to be bound by the terms y conditions set foth aquí in. Si you do not agree, please do not proceed with any fixed-price dominio comprar through the Platfom.
The Platfom offers fixed-price dominio names (“Comprar Now Dominiosâ€) fo direct comprar.
Parados Comprar Now Dominios are sourced from pre-approved third-party dominio providers.
Users may comprar these dominios at the listed price. Once payment is completed y the dominio is successfully transferred, the comprarer will obtain ownership of the dominio.
The User selects a dominio labeled as “Comprar Now†y proceeds to checkout.
Upon confirmation y full payment, the Platfom initiates the transfer o delivery process.
The typical delivery time ranges from 1 to 14 business days, depending on registry processing y third-party provider operations.
Si, fo any reason, the selected dominio becomes unavailable o undeliverable after comprar, the Platfom will issue a full refund to the user’s account balance.
Users have the right to comprar available Comprar Now Dominios through the Platfom.
Users must ensure that all provided account y payment infomation is accurate y lawful.
Users shall not engage in malicious activity, technical disruption, o behavio that interferes with the nomal functioning of the Platfom.
Upon acquiring a dominio, the User agrees to comply with the applicable rules y policies of the coresponding dominio registry, including any legal o regulatoy obligations.
The Platfom will provide dominio transaction servicios in accodance with this Agreement y strive to protect user interests.
The Platfom reserves the right to verify user identity, payment legitimacy, y transaction authenticity.
The Platfom retains the right to update, adjust, o remove Comprar Now Dominios from listing at its sole discretion y without prio notice.
Si any fraudulent o abusive behavio is detected, the Platfom reserves the right to suspend o terminate servicios to the user.
The Platfom does not make any guarantees regarding the future value, resale potential, o commercial use of any dominio comprard.
The Platfom is not liable fo delays caused by registries, third-party providers, o external systems beyond its control.
The Platfom shall not be held responsible fo servicio interruptions, data loss, o failed transactions resulting from foce majeure events o uncontrollable technical issues, though reasonable effots will be made to assist the User in resolving any such issues.
This Agreement shall be governed by y construed in accodance with the laws of Hong Kong.
Any dispute arising from the execution o perfomance of this Agreement shall be resolved through amicable negotiation. Si negotiation fails, either party may submit the dispute to the competent court located in the jurisdiction of the Platfom’s headquarters.
This Agreement becomes effective upon the User’s submission of a Comprar Now dominio oder.
The Platfom reserves the right to amend this Agreement at any time. Updated versions will be published on the Platfom’s “Acuerdos†page y shall take immediate effect. Continued use of the servicio constitutes acceptance of the revised terms.
This Unifom Nombre de Dominio Dispute Resolution Policy (the "Policy") has been adopted by the Internet Copoation fo Assigned Nombres y Numbers ("ICANN"), is incopoated by reference into tu/tus/su/sus Registro Agreement, y sets foth the terms y conditions in connection with a dispute between you y any party other than us (the registrar) over the registration y use of an Internet dominio name registrared by you. Proceedings under Paragraph 4 of this Policy will be conducted accoding to the Rules fo Unifom Nombre de Dominio Dispute Resolution Policy (the "Rules of Procedure"), which are available aquí , y the selected administrative-dispute-resolution servicio provider's supplemental rules.
2. Your Representations
By applying to registrar a dominio name, o by asking us to maintain o renew a dominio name registration, you aquí by represent y warrant to us that (a) the statements that you made in tu/tus/su/sus Registro Agreement are complete y accurate; (b) to tu/tus/su/sus kahoaledge, the registration of the dominio name will not infringe upon o otherwise violate the rights of any third party; (c) you are not registraring the dominio name fo an unlawful purpose; y (d) you will not kahoaingly use the dominio name in violation of any applicable laws o regulations. It is tu/tus/su/sus responsibility to determine whether tu/tus/su/sus dominio name registration infringes o violates someone else's rights.
3. Cancelarlations, Transfers, y Changes
We will cancel, transfer o otherwise make changes to dominio name registrations under the following circumstances:
1. subject to the provisions of Paragraph 8, our receipt of written o appropriate electronic instructions from you o tu/tus/su/sus authoized agent to take such action;
2. our receipt of an oder from a court o arbitral tribunal, in each case of competent jurisdiction, requiring such action; y/o
3. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party y which was conducted under this Policy o a later version of this Policy adopted by ICANN. (See Paragraph 4(i) y (k) below.)
4. We may also cancel, transfer o otherwise make changes to a dominio name registration in accodance with the terms of tu/tus/su/sus Registro Agreement o other legal requirements.
4. Myatoy Administrative Proceeding
This Paragraph sets foth the type of disputes fo which you are required to submit to a myatoy administrative proceeding. These proceedings will be conducted befoe one of the administrative-dispute-resolution servicio providers listed aquí (each, a "Provider").
1. Applicable Disputes. You are required to submit to a myatoy 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. tu/tus/su/sus dominio name is identical o confusingly similar to a trademark o servicio mark in which the complainant has rights; y
2. you have no rights o legitimate interests in respect of the dominio name; y
3. tu/tus/su/sus dominio name has been registrared y 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 Registro y Use in Malo Faith. Fo the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration y use of a dominio name in bad faith:
1. circumstances indicating that you have registrared o you have acquired the dominio name primarily fo the purpose of selling, renting, o otherwise transferring the dominio name registration to the complainant who is the owner of the trademark o servicio mark o to a competito of that complainant, fo valuable consideration in excess of tu/tus/su/sus documented out-of-pocket costs directly related to the dominio name; o
2. you have registrared the dominio name in oder to anterioent the owner of the trademark o servicio mark from reflecting the mark in a coresponding dominio name, provided that you have engaged in a pattern of such conduct; o
3. you have registrared the dominio name primarily fo the purpose of disrupting the business of a competito; o
4. by using the dominio name, you have intentionally attempted to attract, fo commercial gain, Internet users to tu/tus/su/sus web site o other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsoship, affiliation, o endosement of tu/tus/su/sus web site o location o of a product o servicio on tu/tus/su/sus web site o location.
3. How to Demonstrate Your Rights to y Legitimate Interests in the Nombre de Dominio in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how tu/tus/su/sus 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 tu/tus/su/sus rights o legitimate interests to the dominio name fo purposes of Paragraph 4(a)(ii):
1. befoe any notice to you of the dispute, tu/tus/su/sus use of, o demonstrable preparations to use, the dominio name o a name coresponding to the dominio name in connection with a bona fide offering of goods o servicios; o
2. you (as an individual, business, o other oganization) have been commonly kahoan by the dominio name, even if you have acquired no trademark o servicio mark rights; o
3. you are making a legitimate noncommercial o fair use of the dominio name, without intent fo commercial gain to misleadingly divert consumers o to tarnish the trademark o servicio 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 y Process y Appointment of Administrative Panel. The Rules of Procedure state the process fo initiating y conducting a proceeding y fo appointing the panel that will decide the dispute (the "Administrative Panel").
6. Consolidation. In the event of multiple disputes between you y a complainant, either you o the complainant may petition to consolidate the disputes befoe a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate befoe it any o all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy o a later version of this Policy adopted by ICANN.
7. Fees. Parados fees charged by a Provider in connection with any dispute befoe an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases waquí you elect to expy 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 y the complainant.
8. Nuestro/Nuestra/Nuestros/Nuestras Involvement in Administrative Proceedings. We do not, y will not, participate in the administration o conduct of any proceeding befoe an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
9. Remedies. The remedies available to a complainant pursuant to any proceeding befoe an Administrative Panel shall be limited to requiring the cancellation of tu/tus/su/sus dominio name o the transfer of tu/tus/su/sus dominio name registration to the complainant.
10. Notification y Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a dominio name you have registrared with us. Parados decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact potions of its decision.
11. Availability of Court Proceedings. The myatoy administrative proceeding requirements set foth in Paragraph 4 shall not anterioent either you o the complainant from submitting the dispute to a court of competent jurisdiction fo independent resolution befoe such myatoy administrative proceeding is commenced o after such proceeding is concluded. Si an Administrative Panel decides that tu/tus/su/sus dominio name registration should be canceled o transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are infomed by the applicable Provider of the Administrative Panel's decision befoe implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office o of tu/tus/su/sus address as shown in our Whois database. See Paragraphs 1 y 3(b)(xiii) of the Rules of Procedure fo details.) Si we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, y we will take no further action, until we receive (i) evidence satisfactoy to us of a resolution between the parties; (ii) evidence satisfactoy to us that tu/tus/su/sus lawsuit has been dismissed o withdrawn; o (iii) a copy of an oder from such court dismissing tu/tus/su/sus lawsuit o odering that you do not have the right to continue to use tu/tus/su/sus dominio name.
5. Parados other disputes y litigation
Parados other disputes between you y any party other than us regarding tu/tus/su/sus dominio name registration that are not brought pursuant to the myatoy administrative proceeding provisions of Paragraph 4 shall be resolved between you y such other party through any court, arbitration o other proceeding that may be available.
6. Nuestro/Nuestra/Nuestros/Nuestras involvement in disputes
We will not participate in any way in any dispute between you y any party other than us regarding the registration y use of tu/tus/su/sus dominio name. You shall not name us as a party o otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any y all defenses deemed appropriate, y to take any other action necessary to defend ourselves.
7. Maintaining status quo
We will not cancel, transfer, activate, deactivate, o otherwise change the status of any dominio name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers during a dispute
Transfers of a Nombre de Dominio to a Nuevo Holder
You may not transfer tu/tus/su/sus dominio name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 o fo a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; o (ii) during a pending court proceeding o arbitration commenced regarding tu/tus/su/sus dominio name unless the party to whom the dominio name registration is being transferred agrees, in writing, to be bound by the decision of the court o arbitrato. We reserve the right to cancel any transfer of a dominio name registration to another holder that is made in violation of this subparagraph.
Changing Registrados
You may not transfer tu/tus/su/sus dominio name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 o fo a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of tu/tus/su/sus dominio name registration to another registrar during a pending court action o arbitration, provided that the dominio name you have registrared with us shall continue to be subject to the proceedings commenced against you in accodance with the terms of this Policy. In the event that you transfer a dominio name registration to us during the pendency of a court action o arbitration, such dispute shall remain subject to the dominio name dispute policy of the registrar from which the dominio name registration was transferred.
9. Policy modifications
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at this location at least thirty (30) calendar days befoe it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any dominio name registration dispute, whether the dispute arose befoe, on o after the effective date of our change. In the event that you object to a change in this Policy, tu/tus/su/sus sole remedy is to cancel tu/tus/su/sus dominio 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 tu/tus/su/sus dominio name registration.
]]>You must demonstrate Legitimate Interest in the NPRD you seek in a manner that does not jeopardize the fundamental interests, rights y freedoms of the relevant data subject, consistent with GDPR o other applicable privacy laws, by conducting a 3-part balancing test ("Legitimate Interest Assessment" o "LIA") y submitting tu/tus/su/sus results fo review by NiceNIC. Para learn moe about LIA, please consult tu/tus/su/sus legal advisos o review help articles at the UK Infomation Commission’s Office.
The fundamental rights y freedoms of relevant data subjects outweigh the legitimate interest of a third party when other reasonable y less-intrusive mechanisms are available.
You must demonstrate that you have implemented appropriate technical y oganizational measures to ensure that any NPRD received through this process will be perfomed in a manner compliant with GDPR o other applicable privacy laws. Agregaritionally, NiceNIC, at its discretion but at tu/tus/su/sus expense, may require an audit of tu/tus/su/sus data processing practices to ensure such practices comply with GDPR o other applicable privacy laws.
1. Overview
These terms of use ("AI Plazos of Use") govern tu/tus/su/sus use of any AI products, features, servicios y/o tools offered by www.unionroom.cn.
2. Content
1) Your Content. You may provide input to the AI Services ("Input") y receive output from the AI Services based on the Input ("Output"). Input y Output are collectively "Content". You are responsible fo Content, including ensuring that it does not violate any applicable law o these AI Plazos of Use. We own all rights, title, y interest in y to the services that we provided.
2) As between you y www.unionroom.cn, y to the extent permitted by applicable law, you (a) retain tu/tus/su/sus ownership rights in Input y (b) own the Output. We aquí by assign to you all our right, title, y interest, if any, in y to Output. You represent y warrant that you have all rights, licenses, y permissions needed to provide Input to our AI Services.
3) We may use Content to provide, maintain, develop, y improve our Services, comply with applicable law, enfoce our terms y policies, to market y advertise our Services y keep our Services safe.
4) Use of our AI Services may, in some situations, result in Output that does not accurately reflect real people, places, o facts. Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth o factual infomation, o as a substitute fo professional advice.
5) www.unionroom.cn also does not review the Content fo accuracy, bias o intellectual property rights clearance. www.unionroom.cn makes no representation, warranty o guarantee as to the accuracy o reliability of the AI Services o whether the Output may infringe on third-party intellectual property rights.
6) By using the AI Services, you understy y agree:
A. Output may not always be accurate. You should not rely on Output from our AI Services as a sole source of truth o factual infomation, o as a substitute fo professional advice.
B. You must evaluate Output fo accuracy y appropriateness fo tu/tus/su/sus use case, including using human review as appropriate, befoe using o sharing Output from the AI Services.
C. You must not use any Output relating to a person fo any purpose that could have a legal o material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, o other impotant decisions about them.
D. Nuestro/Nuestra/Nuestros/Nuestras AI Services may provide incomplete, incorect, o offensive Output that does not represent www.unionroom.cn’s views. Si Output references any third party products o servicios, it doesn’t mean the third party endoses o is affiliated with www.unionroom.cn.
7) Outputs may not be unique across users y the AI Services may generate the same o similar Outputs fo other users.
8) www.unionroom.cn may use technology provided by third-party servicio providers to provide AI Services. Notwithstying anything to the contrary contained aquí in, you authoize www.unionroom.cn y such third-party servicio providers to stoe y use tu/tus/su/sus Input fo the purposes of providing you with the AI Services, to review Inputs y Outputs fo abuse o misuse, y to develop y improve the servicios y products of www.unionroom.cn y such servicio providers, including as part of the design, training y development process fo machine learning models.
3. Plazoination y Suspension
Plazoination. We reserve the right to suspend o terminate tu/tus/su/sus access to our AI Services o delete tu/tus/su/sus account if we determine:
1) You breached these AI Plazos of Use.
2) We must do so to comply with the law.
3) Your use of our Services could cause risk o harm to www.unionroom.cn, our users, o anyone else.
4. Disclaimers
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OUTPUTS OF THE AI SERVICES HAVE NOT BEEN REVIEWED FO ACCURACY, BIAS, EXPLAINABILITY O INTELÉFONOLECTUAL PROPERTY RIGHTS CLEARANCE. www.unionroom.cn MAKES NO REPRESENTATION, WARRANTY O GUARANTEE AS TO THE ACCURACY, RELIABILITY, O ERRO-FREE PERFOMANCE OF THE AI SERVICES, INCLUDING (WITHOUT LIMITATION) WHETHER OUTPUTS MAY INFRINGE, MISAPPROPRIATE O VIOLATE ANY THIRD-PARTY INTELÉFONOLECTUAL PROPERTY RIGHTS.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR AI SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH O FACTUAL INFOMATION, O AS A SUBSTITUTE FO PROFESSIONAL ADVICE.
YOU SHOULD SEEK INDEPENDENT PROFESSIONAL ADVICE BEFOE YOU RELY ON ANY OUTPUT GENERATED BY THE AI SERVICES.
5. Limitation on Liability
IN NO EVENT SHALL www.unionroom.cn, ITS OFFICERS, DIRECTOS, EMPLOYEES, AGENTS, O ANY THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU O ANY OTHER PERSON O ENTITY FO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, O CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM ANY OUTPUTS CREATED USING THE AI SERVICES.
THE FOEGOING LIMITATION OF LIABILITY SHALL SURVIVE ANY TERMINATION O EXPIRATION OF THIS AGREEMENT O YOUR USE OF THIS SITE, THE AI SERVICES O ANY OTHER SERVICES FOUND AT THIS SITE.
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In the event that a Transfer Contactar listed in the Whois has not confirmed their request to transfer with the Registrado of Recod y the Registrado of Recod has not explicitly denied the transfer request, the default action will be that the Registrado of Recod must allow the transfer to proceed.
Upon denying a transfer request fo any of the following reasons, the Registrado of Recod must provide the Registrared Nombre Holder y the potential Gaining Registrado with the reason fo denial. The Registrado of Recod may deny a transfer request only in the following specific instances:
YOU AGREE THAT WE WILL NOT BE LIABLE FO ANY (1) SUSPENSION O LSistema Operativo (OS)S OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES O INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS O ACCESS INTERRUPTIONS TO OUR SITE O SERVICES O DELAYS O ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LSistema Operativo (OS)S O LIABILITY RESULTING FROM ACTS OF O EVENTS BEYOND OUR CONTROL INCLUDING , BUT NOT LIMITED TO ANY ERROS O TECHNICAL ISSUES OF ANY DOMAIN NAME REGISTRY O OTHER THIRD PARTY PROVIDER, (6) DATA NON-DELIVERY, MIS-DELIVERY, CORUPTION, DESTRUCTION O OTHER MODIFICATION; (7) O LSistema Operativo (OS)S O LIABILITY RESULTING FROM THE UNAUTHOIZED USE O MISUSE OF YOUR ACCOUNT IDENTIFIER O PASSWOD.
YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FO ANY INDIRECT, SPECIAL, INCIDENTAL, O CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LSistema Operativo (OS)T PROFITS) O FO ANY FINANCIAL O ECONOMIC LSistema Operativo (OS)S O FO LSistema Operativo (OS)S OF PROFITS, LSistema Operativo (OS)S OF BUSINESS, DEPLETION OF GOODWILL O SIMILAR LSistema Operativo (OS)SES, LSistema Operativo (OS)S OF ANTICIPATED SAVINGS O LSistema Operativo (OS)S O CORUPTION OF DATA O INFOMATION, REGARDLESS OF THE FOM OF ACTION WHETHER IN CONTRACT, TOT (INCLUDING NEGLIGENCE), O OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE PSistema Operativo (OS)SIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FO THE USE OF THE SERVICES, BUT IN NO EVENT GREATER THAN THE AMOUNT FO THE PRIO 1 MONTH OF SERVICES PAID FO UNDER THIS AGREEMENT.
24. General
You may not assign any of tu/tus/su/sus rights o privileges, o delegate any of tu/tus/su/sus duties o obligations aquí under, in whole o in part, by operation of law o otherwise, to any third party without our prio written consent. We may at any time assign, transfer, charge, sub-contract this Agreement. This Agreement shall be binding upon y inure to the benefit of the parties aquí to y their respective permitted successos y assigns.
www.unionroom.cn reserves the right, in its sole y absolute discretion, to change o modify this Agreement, y any policies o agreements which are incopoated aquí in, at any time y without notice. Any such changes o modification shall be effective immediately upon posting to the Site. Si you do not agree to be bound by this Agreement as last revised as indicated by the "Last Revised" date located at the bottom of this Agreement, do not use o continue to use the Services. You agree that tu/tus/su/sus exclusive remedy is to transfer tu/tus/su/sus Services to another registrar o request us to terminate tu/tus/su/sus Services under this Agreement. www.unionroom.cn may occasionally notify you of changes o modifications to this Agreement o the Services by email so it is very impotant that you keep tu/tus/su/sus account infomation current y up to date. www.unionroom.cn is not responsible y assumes no liability fo tu/tus/su/sus failure to receive an email notification if such failure results from inaccurate o out-dated account infomation.
This Agreement constitutes the entire agreement between the parties concerning the subject matter aquí in y supersedes all prio understyings y agreements between the parties, whether written o oal, regarding the subject matter aquí in. Any of the provisions of this Agreement which are determined to be invalid o unenfoceable in any jurisdiction shall be ineffective to the extent of such invalidity o unenfoceability in such jurisdiction, without rendering invalid o unenfoceable the remaining provisions aquí of o affecting the validity o unenfoceability of any of the terms of this Agreement in any other jurisdiction. A waiver by either party of a breach o violation of any provision of this Agreement will not constitute o be construed as a waiver of any subsequent breach o violation of that provision o as a waiver of any breach o violation of any other provision of this Agreement. The headings contained in this Agreement are fo convenience only y shall not affect meaning o interpretation of this Agreement.
25. Notices
You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accodance with the Account y/o WHOIS infomation you have provided.
26. Governing Law
This Agreement y its subject matter shall be governed in accodance with the laws of Hong Kong y subject to the exclusive jurisdiction of the Hong Kong courts without regard to conflict of laws y principles contained taquí in with the exception of disputes related to this Agreement which fall under UDRP, URS, o similar dispute resolution process as defined by various Registry policies incopoated o made reference to aquí in.
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1.3 The Registrant ackahoaledges y agrees that the Registrado shall monito the status of Nombres de Dominio registrared through the Registrado y shall, at its own initiative o on receipt of complaint, conduct checks to verify whether a Nombre de Dominio is being used in connection with phishing o "spam" advertising. The Registrado shall delete o suspend a Nombre de Dominio if so directed by HKIRC. HKIRC may issue such a direction on receipt of any notice from any government o law enfocement authoity (including without limitation the Hong Kong Police Foce o the Office of Teléfono (Tel)ecommunications Authoity) that the use of the Nombre de Dominio is in breach of any laws, directives, guidelines, codes of practice o regulations issued by such local authoities, o if, in HKIRC's reasonable belief, the continuation of registration of the Nombre de Dominio o the operation of web site referenced by the Nombre de Dominio is likely to damage o adversely affect the goodwill, reputation y operation of HKIRC o the dominio name industry in Hong Kong, o may expose HKIRC to risks of third party claims o civil o criminal prosecution.
Fo moe infomation about .HK dominio registration, please refer to the latest version of HKIRC Registro 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 servicio provider shall be final y binding on the Registrant y 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 y non-statutoy copoation designated by the Hong-Kong Government to administer the registration of Internet dominio names under .hk y .香港 country-code top level dominios. Fo any comments o complaints against NICENIC INTERNATIONAL GROUP CO., LTD regarding its accreditation’s compliance, please find aquí useful infomation: HKIRC Dispute Resolution Policies - https://www.hkirc.hk/en/our_suppot/dominio_dispute_policies_y_procedures/dominio_name_dispute_resolution_policies/; HKIRC DNDRP Rules of Procedure - https://www.hkirc.hk/en/our_suppot/dominio_dispute_policies_y_procedures/rules_of_procedures/; o Coreo Electrónico address: info@hkirc.hk.
6 REGISTRANT WARRANTIES
The Registrant ackahoaledges that the Registrado y HKIRC rely on all representations made y warranties given by the Registrant in determining if the application fo a Nombre de Dominio should be approved.
Fo moe infomation about "Acceptable Use Policy", please refer to https://www.hkirc.hk/dominio_policies/EN_Dominio_Nombre_Acceptable_Use_Policy.pdf.
Below is the letter of congratulation from Verisign:
"It is our pleasure to congratulate you on becoming an ICANN accredited registrar. Now that you have met the requirements of ICANN, our team is looking foward to assisting you in completing the Verisign certification process so you can quickly begin registraring .com y .net dominio names. We hope this suppot will prove to be helpful in reducing the investment of tu/tus/su/sus internal resources y time."
PIR:
"ICANN has infomed .ORG, managed by the Public Interest Registry (PIR) that you have recently completed tu/tus/su/sus ICANN accreditation to become a registrar y wish to partner with us by becoming an .ORG accredited registrar."
Teléfono (Tel)nic:
"We received notification from ICANN that you have added the .tel appendix to tu/tus/su/sus agreement with them. Taquí hasn't been a better time to become involved with .tel dominios y we are pleased to assist you in becoming accredited as a participating .tel registrar."
ICM:
"Congrats on tu/tus/su/sus recent ICANN Acreditación..."
Neustar:
"We have been notified that tu/tus/su/sus company is ahoa ICANN-accredited as a .BIZ registrar. Neustar looks foward to getting tu/tus/su/sus company up y running as soon as possible!"
Más registries will be notified by ICANN fo the coresponding dominio names signed in the RAA in the siguiente days, we NiceNIC have been staying fo the disposal of sign-up/accreditation process, striving to save time y expedite each step if possible. The concerned technical staffs have been arranged to re-set the product prices to a moe competitive level. Detalleed infomation 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"), y dedicated to offer clients easy to navigate, fast to locate servicios in dominio name registration, web hosting comprar, 1 to 1 customer suppot.
Stying at the peak of internet infrastruture, we firstly need to appreciate every client, y every website viewer who ever stayed aquí , without tu/tus/su/sus persistant suppot y comprehension, we are nothing, hope 2012 will bring you y tu/tus/su/sus family lucky, happy, healthy life.
http://www.icann.org/registrar-repots/accreditation-qualified-list.html
http://www.icann.org/registrar-repots/accredited-list.html
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1. Definitions
1.1 Dispute Resolution Panel
The Dispute Resolution Panel shall mean an administrative panel appointed by a Dispute Resolution Provider ("Provider") to decide a Request fo Enfocement concerning a dispute under this Dispute Resolution Policy.
1.2 Dispute Resolution Provider
1.3 The Dispute Resolution Provider must be an independent y neutral third party that is neither associated no affiliated with either Registrado involved in the dispute o the Registry Operato under which the disputed dominio name is registrared. ICANN shall have the authoity to accredit one o moe independent y neutral Dispute Resolution Providers accoding to criteria developed in accodance with this Dispute Resolution Policy.
1.4 FOA
Fom of Authoization - The styardized fom of consent that the Gaining Registrado y Registrado of Recod are required to use to obtain authoization from the Registrant o Administrative Contactar in oder to properly process the transfer of dominio name sponsoship from one Registrado to another.
1.5 Gaining Registrado
The Registrado that submitted to the Registry the request fo the transfer of a dominio sponsoship from the Registrado of Recod.
1.6 Registrado of Recod
The Registrado of Recod fo a dominio name fo which the Registry received a transfer of sponsoship request.
1.7 Registrant
The Registrant is the individual o oganization that registrars a specific dominio name. This individual o oganization holds the right to use that specific dominio name fo a specified period of time, provided certain conditions are met y the registration fees are paid. This person o oganization is the "legal entity" bound by the terms of the relevant servicio agreement with the Registry operato fo the TLD in question.
1.8 Registry (Registry Operato)
The oganization authoized by ICANN to provide registration servicios fo a given TLD to ICANN-accredited Registrados.
1.9 Supplemental Rules
The Supplemental Rules shall mean those rules adopted by the Registry Operato, in the case of First Nivel disputes (as set foth below), o the Provider administering a proceeding (in the case of all other disputes) to supplement this Policy. Supplemental Rules shall be consistent with this Dispute Resolution Policy y shall cover topics such as fees, wod y page limits y guidelines, the means fo communicating with the Provider, y the fom of cover sheets.
1.10 Transfer Policy
The Policy on Transfer of Sponsoship of Registros between Registrados which is in foce as part of the Registry-Registrado Agreement executed between a Registrado y the Registry, as well as the Registrado Acreditación Agreement which is executed between ICANN y all ICANN- accredited registrars.
2. Dispute Resolution Process
Taquí are two possible steps to the Registrado Transfer Dispute Resolution Process. A Registrado may elect one o both of the steps pursuant to the rules below. In the event a Registrado either files a Request fo Enfocement (as described below) with a Second-Nivel Dispute Provider, o files an Appeal (as described below) with a Dispute Provider, it may not revert to the First-Nivel Registry option later fo the same filing o matter presented fo resolution.
2.1 First Nivel - Registry Operato
A Registrado may choose to file a dispute directly with the relevant Registry Operato. Any decisions made by the Registry Operato may be appealed to a Dispute Resolution Provider. A Registrado may file a dispute directly to a Dispute Resolution Provider; however, in that case the filing Registrado would fofeit any right to appeal the decision of the Dispute Resolution Provider.
2.2 Second-Nivel - Dispute Resolution Panel
The primary intent of this step is to provide a means fo registrars to appeal decisions made by the Registry at the first level of the dispute resolution process, but it may also be used as the first step if a registrar so elects. The decision of the Dispute Resolution Panel is final, except as it may be appealed to a court of competent jurisdiction.
2.3 Statute of Limitations
A dispute must be filed no later than six (6) months after the alleged violation of the Transfer Policy. In the case waquí a Registrado of Recod alleges that a transfer was in violation of this Policy, the date the transfer was completed shall be deemed the date in which the "alleged violation" took place. In the case waquí a Gaining Registrado 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 Nivel (Registry)
3.1 Registrado files a Request fo Enfocement with the applicable Registry Operato
3.1.1 Either the Gaining o Registrado of Recod ("Filing Registrado") may submit a Request fo Enfocement. This must be done in accodance with the Supplemental Rules adopted by the applicable Registry Operato.
3.1.2 The Request fo Enfocement shall be submitted to the Registry y to the Respondent (the Non-filing Registrado) in electronic fom y shall:
(i) Request that the Request fo Enfocement be submitted fo decision in accodance with the Registrado Transfer y Dispute Resolution Policy y the applicable Supplemental Rules;
(ii) Provide the name, postal y e-mail addresses, y the telephone y fax numbers of the Filing Registrado y those representatives authoized by the Filing Registrado to act on behalf of the Filing Registrado in the administrative proceeding;
(iii) Provide the name of the Respondent y all infomation (including any postal y e-mail addresses y telephone y fax numbers) kahoan to Filing Registrado regarding how to contact Respondent o any representative of Respondent, including contact infomation based on pre-complaint dealings;
(iv) Specify the dominio name(s) that is/are the subject of the Request fo Enfocement;
(v) Specify the incident(s) that gave rise to the dispute;
(vi) Describe, in accodance with the Policy, the grounds on which the Request fo Enfocement is based;
(vii) State the specific remedy being sought (either approval o denial of the transfer);
(viii) Identify any other legal proceedings that have been commenced o terminated in connection with o relating to any of the dominio name(s) that are the subject of the complaint;
(ix) Certify that a copy of the Request fo Enfocement, together with the cover sheet as prescribed by the Provider's Supplemental Rules, has been sent o transmitted to the Respondent; y
(x) Conclude with the following statement followed by the signature of the Complainant o its authoized representative:
"<insert name of Filing Registrado> agrees that its claims y remedies concerning the registration of the dominio name, the dispute, o the dispute's resolution shall be solely against the Respondent y waives all such claims y remedies against the Registry Operato as well as its directos, officers, employees, y agents, except in the case of deliberate wrongdoing o gross negligence."
"<insert name of Filing Registrado> certifies that the infomation contained in this Request fo Enfocement is to the best of Filing Registrado's kahoaledge complete y accurate, that this Request fo Enfocement is not being presented fo any improper purpose, such as to harass, y that the assertions in this Request fo Enfocement are warranted under this Policy y under applicable law, as it ahoa exists o as it may be extended by a good-faith y reasonable argument."3.1.3 The Request fo Enfocement may relate to moe than one dominio name, provided that the dominio names involve the same Filing Registrado y Respondent y that the claims arise out of the same o similar factual circumstances.
3.1.4 The Request fo Enfocement shall annex the following documentary evidence (as applicable y available) in electronic fom if possible, together with a schedule indexing such evidence:
(i) Fo the Gaining Registrado:
a. Completed Fom of Authoization ("FOA")
b. Copy of the Whois output fo the date transfer was initiated, which was used to identify the authoized Transfer Contactars
c. Copy of evidence of identity used
d. Copy of a bilateral agreement, final determination of a dispute resolution body o court oder in cases when the Registrant of Recod is being changed simultaneously with a Registrado Transfer
e. Copies of all communications made to the Registrado of Recod with regard to the applicable transfer request along with any responses from the Registrado of Recod
(ii) Fo the Registrado of Recod:
a. Completed FOA from Registrado of Recod if applicable
b. Copy of the Whois output fo the date the transfer was initiated
c. Relevant histoy of Whois modifications made to the applicable registration
d. Evidence of one of the following if a transfer was denied:
e. Copies of all communications made to the Gaining Registrado with regard to the applicable transfer request along with any responses from the Gaining Registrado.
3.2 The Non-Filing Registrado ("Respondent") shall have seven (7) calendar days from receipt of the Request fo Enfocement to prepare a Response to the Request fo Enfocement ("Response").
3.2.1 The Response shall be submitted in electronic fom to both the Registry y Filing Registrado y shall:
(i) Respond specifically to the statements y allegations contained in the Request fo Enfocement (This potion of the response shall comply with any wod o page limit set foth in the Dispute Resolution Provider's Supplemental Rules.);
(ii) Provide the name, postal y e-mail addresses, y the telephone y fax numbers of the Respondent (non-filing Registrado);
(iii) Identify any other legal proceedings that have been commenced o terminated in connection with o relating to any of the dominio name(s) that are the subject of the Request fo Enfocement;
(iv) State that a copy of the Response has been sent o transmitted to the Filing Registrado;
(v) Conclude with the following statement followed by the signature of the Respondent o its authoized representative:
"Respondent certifies that the infomation contained in this Response is to the best of Respondent's kahoaledge complete y accurate, that this Response is not being presented fo any improper purpose, such as to harass, y that the assertions in this Response are warranted under these Rules y under applicable law, as it ahoa exists o as it may be extended by a good-faith y reasonable argument."; y
(vi) Annex any documentary o other evidence upon which the Respondent relies, together with a schedule indexing such documents.
3.2.2 En the request of the Respondent, the Registry Operato may, in exceptional cases, extend the period of time fo the filing of the response, but in no case may the extension be moe than an additional five (5) calendar days. The period may also be extended by written stipulation between the Parties, provided the stipulation is approved by the Registry Operato.
3.2.3 Si a Respondent does not submit a response, in the absence of exceptional circumstances, the Registry Operato shall decide the dispute based upon the Request fo Enfocement.
3.3 Registry Operato must review all applicable documentation y compare registrant/contact data with that contained within the authoitative Whois database y reach a conclusion not later than 14 days after receipt of the Response.
3.3.1 Si the data included in the Request fo Enfocement does not match the data listed in the authoitative Whois, the Registry Operato must contact each Registrado y require additional documentation.
3.3.2 Si the Gaining Registrado cannot provide a complete FOA with data matching that contained within the authoitative Whois database, then the Registry Operato shall find that the transfer should be reversed. In the case of a thick Registry, if the Registrado of Recod's Whois is not accessible o invalid, the Registry Operato's Whois should be used. In the case of a thin Registry, if the Registrado of Recod's Whois is not accessible o is invalid, the Registry Operato must notify ICANN y place the dispute on hold until such time as the specific problem is resolved by ICANN.
3.3.3 In the case waquí a Registrado of Recod denies a request fo a dominio name transfer ("NACKs"), the Registrado of Recod must provide evidence of one of the factos fo which it is allowed to NACK. Si the Registrado of Recod cannot provide evidence that demonstrates any of the factos, y the Gaining Registrado provides to the Registry a complete FOA with data matching that contained within the authoitative Whois database, then the transfer must be approved to be processed.
3.3.4 Si the data provided by neither Registrado appears to be conclusive, then the Registry shall issue a finding of "no decision." Si the data provided to the Registry is complete y provides sufficient basis fo a determination based on the Policy, the Registry may not issue a finding of "no decision." Either Registrado shall be able to appeal such issue to a Second-Nivel Dispute Resolution Provider in accodance with the provisions set foth below.
3.4 Fees fo First-Nivel Dispute Resolution Service
3.4.1 Taquí is no filing fee assessed to the Filing Registrado at the time the Request fo Enfocement is submitted to the Registry Operato.
3.4.2 The Registrado that does not anterioail in the dispute will be assessed a fee to be set by the Registry Operato. Such fee shall be set foth in the Registry's Supplemental Rules that are in effect at the time that the Request fo Enfocement was filed.
3.4.3 This fee shall not be passed on to the Registrant.
3.4.4 This fee will be charged after a final decision is rendered by the Registry. In the case that the Registry issues a finding of "no decision," the Registry Operato shall collect the applicable fees from the Filing Registrado.
3.5 Availability of Court Proceedings
The procedures set foth above shall not anterioent a Registrado from submitting a dispute to a court of competent jurisdiction fo independent resolution befoe such an administrative proceeding is commenced o after such proceeding is concluded. Si a Registry Operato decides a dominio name registration should be transferred (either to the Gaining Registrado, o alternatively, back from the Gaining Registrado to the Registrado of Recod), the Registry will wait fourteen (14) calendar days after it is infomed of the decision befoe implementing that decision. The Registry will then implement the decision unless it has received during that fourteen (14) calendar day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that a lawsuit has commenced with respect to the impacted dominio name(s). Si such documentation is received by the Registry Operato within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented to the Registry Operato that the parties have resolved such dispute; (ii) evidence is presented to the Registry Operato that the lawsuit has been dismissed o withdrawn; o (iii) the Registry Operato receives a copy of an oder from such court.
4. Dispute Procedures at the Second Nivel with a Dispute Resolution Provider
4.1 The servicios of the Dispute Resolution Panel may be invoked in any of the following two situations:
(i) A Filing Registrado may elect to skip the First-Nivel dispute process at Registry level y submit a Request fo Enfocement directly with a Dispute Resolution Provider;
(ii) The non-anterioailing Registrado in a First-Nivel dispute proceeding may submit an appeal of the applicable Registry Operato's decision to the Dispute Resolution Provider. Agregaritionally, in the case waquí the result in the First-Nivel dispute process is a "no-decision," either Registrado may file an Appeal of such decision to a Dispute Resolution Provider.
4.2 Initial Request fo Enfocement
4.2.1 In the event that the Filing Registrado elects to submit a Request fo Enfocement to the Dispute Resolution Provider in lieu of submitting a Request fo Enfocement to the applicable Registry Operato, the obligations y responsibilities set foth in Sections 3.1 through 3.2 above shall apply.
4.2.2 The Dispute Resolution Panel appointed by the Dispute Resolution Provider must review all applicable documentation y compare registrant/contact data with that contained within the authoitative Whois database y reach a conclusion not later than thirty (30) days after receipt of Response from the Respondent.
(i) Si the data does not match the data listed in authoitative Whois, the Dispute Resolution Panel should contact each Registrado y require additional documentation.
(ii) Si the Gaining Registrado is unable to provide a complete FOA with data matching that contained within the authoitative Whois database at the time of the transfer request, then the Dispute Resolution Panel shall find that the transfer should be reversed. In the case of a thick Registry, if the Registrado of Recod's Whois is not accessible o invalid, the applicable Registry Operato's Whois should be used. In the case of a thin Registry, if the Registrado of Recod's Whois is not accessible o is invalid, the Dispute Resolution Provider may place the dispute on hold until such time as the problem is resolved.
(iii) In the case waquí a Registrado of Recod NACKs a transfer, the Registrado of Recod must provide evidence of one of the factos fo which it is allowed to NACK as set foth in Section 3.1.4 (ii) of this Dispute Resolution Policy. Si the Registrado of Recod cannot provide evidence that demonstrates any of the factos, y the Gaining Registrado provides to the Dispute Resolution Provider a complete FOA with data matching that contained within the authoitative Whois database at the time of the transfer request, then the transfer should be approved.
(iv) Unlike under the First-Nivel 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 y determine, based on a preponderance of the evidence, which Registrado should anterioail in the dispute y what resolution to the Request fo Enfocement will appropriately redress the issues set foth in the Request fo Enfocement.
(v) Resolution options fo the Dispute Resolution Panel are limited to the following:
a. Approve Transfer
b. Deny the Transfer (o odering the dominio name be returned to the Registrado of Recod in cases waquí a Transfer has already occurred)
4.3 Appeal of First Nivel Dispute Decision o Registry Operato Finding of "No-Decision."
4.3.1 In the event that the Registrado which does not anterioail in the First-Nivel dispute is dissatisfied by the Registry-Operato's decision, such Registrado 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-Nivel decision was issued.
4.3.2 In the event that the Registry Operato issues a finding of "no-decision" in accodance with Section 3.3.4 above, either Registrado 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-Nivel decision was issued.
4.3.3 In either case, the document submitted by the Registrado to the Dispute Resolution Provider shall be referred to as an "Appeal."
4.3.4 The Appellant shall submit the Appeal in electronic fom y shall:
(i) Request that the Appeal be submitted fo decision in accodance with the Policy y these Rules;
(ii) Provide the name, postal y e-mail addresses, y the telephone y telefax numbers of the Appellant y of any representative authoized by the Appellant to act on behalf of the Appellant in the administrative proceeding;
(iii) Provide the name of the Appellee y all infomation (including any postal y e-mail addresses y telephone y telefax numbers) kahoan to Appellee regarding how to contact Appellee o any representative of Appellee, including contact infomation based on pre-Request fo Enfocement y pre-Appeal dealings;
(iv) Specify the dominio name(s) that is/are the subject of the Appeal;
(v) Specify the incident(s) which gave rise to the dispute;
(vi) State the basis fo such appeal, including specific responses to the findings of the Registry Operato in the First-Nivel Dispute process. (This potion of the response shall comply with any wod o page limit set foth in the Dispute Resolution Provider's Supplemental Rules);
(vii) Specify, in accodance with the Policy, the remedies sought;
(viii) Identify any other related legal proceedings kahoan to the Appellant that have been commenced o terminated in connection with o relating to any of the dominio name(s) that are the subject of the complaint;
(ix) State that a copy of the Appeal, together with the cover sheet as prescribed by the Dispute Resolution Provider's Supplemental Rules, has been sent o transmitted to the Appellee; y
(x) Conclude with the following statement followed by the signature of the Appellant o its authoized representative:
"Appellant agrees that its claims y remedies concerning the registration of the dominio name, the dispute, o the dispute's resolution shall be solely against the Appellee y waives all such claims y remedies against the Dispute Resolution Provider y the Registry Operato as well as their directos, officers, employees, y agents, except in the case of deliberate wrongdoing o gross negligence."
"Appellant certifies that the infomation contained in this Appeal is to the best of Appellant's kahoaledge complete y accurate, that this Appeal is not being presented fo any improper purpose, such as to harass, y that the assertions in this Appeal are warranted under this Policy y under applicable law, as it ahoa exists o as it may be extended by a good-faith y reasonable argument."
4.3.5 The Appeal may relate to moe than one dominio name, provided that the dominio names involve the same decision issued by the Registry Operato fo the First-Nivel Dispute.4.3.6 The Appeal shall annex any documentary evidence that was not already submitted to the Registry Operato during the First-Nivel Dispute.
4.3.7 A Dispute Resolution Provider must request all documentation relating to the First-Nivel Dispute from the applicable Registry Operato no later than seven (7) calendar days of receipt of the appeal. The Registry Operato shall submit such documentation to the Dispute Resolution Provider within seven (7) days of such request.
4.3.8 The Dispute Resolution Panel must review all applicable documentation y reach a conclusion not later than 30 calendar days after receipt of the Appeal.
(i) The Dispute Resolution Panel may submit questions to the Registry, the Appellant o Appellee.
(ii) Responses to all such questions must be received by the Dispute Resolution Panel within 7 days.
(iii) The Dispute Resolution Panel shall review each Appeal on a De Novo basis. Although the Dispute Resolution Panel is not bound by the findings of the Registry Operato in an Appeal, it shall have the discretion to consider such findings in reaching its own conclusions. The purpose of the Dispute Resolution Panel should be to make a determination as to whether the Appeal has merit based solely on the requirements of the current Transfer policy y determine the appropriate resolution to the issues presented.
4.4 Fees fo Second-Nivel Dispute Resolution Service
4.4.1 In the case of either a Request fo Enfocement o an Appeal filed at the Second Nivel, the applicable Dispute Resolution Provider shall determine the applicable filing fee ("Filing Fee"). The specific fees along with the terms y 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 Registrado o Appellant, whichever applicable, does not anterioail in a Second-Nivel dispute, the Filing Fees shall be retained by the Dispute Resolution Provider.
4.4.3 In the event that the Filing Registrado o Appellant, whichever applicable, anterioails in a Second-Nivel dispute, the Respondent o Appellee, whichever applicable, must submit to the Dispute Resolution Provider, the Filing Fees within fourteen (14) calendar days after such decision. In such an event, the Dispute Resolution Provider shall refund to the Filing Registrado o Appellant, whichever applicable, the Filing Fees, no later than fourteen (14) calendar days after it receives the Filing Fees from the Respondent o Appellee. Such fees must be paid regardless of whether a Court Proceeding is commenced in accodance with Section 4.5 below. Failure to pay Filing Fees to the Dispute Resolution Provider may result in the loss of accreditation by ICANN.
4.5 Availability of Court Proceedings
The procedures set foth above shall not anterioent a Registrado from submitting a dispute to a court of competent jurisdiction fo independent resolution befoe such administrative proceeding is commenced o after such proceeding is concluded. Si a Dispute Resolution Panel decides a dominio name registration should be transferred (either to the Gaining Registrado, o alternatively, back from the Gaining Registrado to the Registrado of Recod), such Registrado will wait fourteen (14) calendar days after it is infomed of the decision befoe implementing that decision. The Registry will then implement the decision unless it has received from either of the parties to the dispute during that fourteen (14) calendar day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that a lawsuit has commenced with respect to the impacted dominio name(s). Si such documentation is received by the Registry, as applicable, within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented that the parties have resolved such dispute; (ii) evidence is presented that the lawsuit has been dismissed o withdrawn; o (iii) a copy of an oder from such court dismissing the lawsuit o odering certain actions with respect to the dominio name.
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1. Registrado Requirements
Registrared Nombre Holders must be able to transfer their dominio name registrations between Registrados provided that the Gaining Registrado's transfer process meets the minimum styards of this policy y that such transfer is not prohibited by ICANN o Registry policies. Inter-Registrado dominio name transfer processes must be clear y concise in oder to avoid confusion. Further, Registrados should make reasonable effots to infom Registrared Nombre Holders of, y provide access to, the published documentation of the specific transfer process employed by the Registrados.
1.1 Transfer Authoities
The Administrative Contactar y the Registrared Nombre Holder, as listed in the Losing Registrado's o applicable Registry's (waquí available) publicly accessible WHOIS servicio are the only parties that have the authoity to approve o deny a transfer request to the Gaining Registrado. In the event of a dispute, the Registrared Nombre Holder's authoity supersedes that of the Administrative Contactar.
Registrados may use Whois data from either the Registrado of Recod o the relevant Registry fo the purpose of verifying the authenticity of a transfer request; o from another data source as determined by a consensus policy.
2. Gaining Registrado Requirements
Fo each instance waquí a Registrared Nombre Holder requests to transfer a dominio name registration to a different Registrado, the Gaining Registrado shall:
2.1 Obtain express authoization from either the Registrared Nombre Holder o the Administrative Contactar (aquí after, "Transfer Contactar"). Hence, a transfer may only proceed if confirmation of the transfer is received by the Gaining Registrado from the Transfer Contactar.
2.1.1 The authoization must be made via a valid Styardized Fom of Authoization (FOA). Taquí are two different FOA's available at the ICANN website. The FOA labeled "Initial Authoization fo Registrado Transfer" must be used by the Gaining Registrado to request an authoization fo a registrar transfer from the Transfer Contactar. The FOA labeled "Confirmaration of Registrado Transfer Request" may be used by the Registrado of Recod to request confirmation of the transfer from the Transfer Contactar.
The FOA shall be communicated in English, y any dispute arising out of a transfer request shall be conducted in the English language. Registrados may choose to communicate with the Transfer Contactar in additional languages. However, Registrados choosing to exercise such option are responsible fo the accuracy y completeness of the translation into such additional non-English version of the FOA.
2.1.2 In the event that the Gaining Registrado relies on a physical process to obtain this authoization, a paper copy of the FOA will suffice insofar as it has been signed by the Transfer Contactar y further that it is accompanied by a physical copy of the Registrado of Recod's Whois output fo the dominio name in question.
2.1.2.1 Si the Gaining Registrado relies on a physical authoization process, then the Gaining Registrado assumes the burden of obtaining reliable evidence of the identity of the Transfer Contactar y maintaining appropriate recods proving that such evidence was obtained. Further the Gaining Registrado also assumes the burden fo ensuring that the entity making the request is indeed authoized to do so. The acceptable foms of physical identity are:
2.1.3 In the event that the Gaining Registrado relies on an electronic process to obtain this authoization the acceptable foms of identity would include:
The Registrado of Recod may not deny a transfer request solely because it believes that the Gaining Registrado has not received the confirmation set foth above.
A transfer must not be allowed to proceed if no confirmation is received by the Gaining Registrado. The presumption in all cases will be that the Gaining Registrado has received y authenticated the transfer request made by a Transfer Contactar.
2.2 Request, by the transmission of a "transfer" commy as specified in the Registrado Paraol Kit, that the Registry Operato database be changed to reflect the new Registrado.
2.2.1 Transmission of a "transfer" commy constitutes a representation on the part of the Gaining Registrado that the requisite authoization has been obtained from the Transfer Contactar listed in the authoitative Whois database.
2.2.2 The Gaining Registrado is responsible fo validating the Registrared Nombre Holder requests to transfer dominio names between Registrados. However, this does not preclude the Registrado of Recod from exercising its option to independently confirm the Registrared Nombre Holder's intent to transfer its dominio name to the Gaining Registrado in accodance with Section 3 of this policy.
3. Obligations of the Registrado of Recod
A Registrado of Recod can choose independently to confirm the intent of the Registrared Nombre Holder when a notice of a pending transfer is received from the Registry. The Registrado of Recod must do so in a manner consistent with the styards set foth in this agreement pertaining to Gaining Registrados. In oder to ensure that the fom of the request employed by the Registrado of Recod is substantially administrative y infomative in nature y clearly provided to the Transfer Contactar fo the purpose of verifying the intent of the Transfer Contactar, the Registrado of Recod must use the FOA.
The FOA shall be communicated in English, y any dispute arising out of a transfer request, shall be conducted in the English language. Registrados may choose to communicate with the Transfer Contactar in additional languages. However, the Registrado choosing to exercise such option is responsible fo the accuracy y completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes y procedures set foth in this policy. This includes but is not limited to the requirement that no Registrado shall add any additional infomation to the FOA used to obtain the consent of the Transfer Contactar in the case of a transfer request.
This requirement does not preclude the Registrado of Recod from marketing to its existing customers through separate communications.
The FOA should be sent by the Registrado of Recod to the Transfer Contactar as soon as operationally possible, but must be sent not later than twenty-four (24) hours after receiving the transfer request from the Registry Operato.Failure by the Registrado of Recod to respond within five (5) calendar days to a notification from the Registry regarding a transfer request will result in a default "approval" of the transfer.
In the event that a Transfer Contactar listed in the Whois has not confirmed their request to transfer with the Registrado of Recod y the Registrado of Recod has not explicitly denied the transfer request, the default action will be that the Registrado of Recod must allow the transfer to proceed.
Upon denying a transfer request fo any of the following reasons, the Registrado of Recod must provide the Registrared Nombre Holder y the potential Gaining Registrado with the reason fo denial. The Registrado of Recod may deny a transfer request only in the following specific instances:
Instances when the requested change of Registrado may not be denied include, but are not limited to:
The Registrado of Recod has other mechanisms available to collect payment from the Registrared Nombre Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the Registrado of Recod must not employ transfer processes as a mechanism to secure payment fo servicios from a Registrared Nombre Holder. Exceptions to this requirement are as follows:
(i) In the case of non-payment fo anterioious registration period(s) if the transfer is requested after the expiration date, o
(ii) In the case of non-payment of the current registration period, if transfer is requested befoe the expiration date.
4. Registrado Coodination
Each Registrado is responsible fo keeping copies of documentation, including the FOA y the Transfer Contactars response taquí to, that may be required fo filing y suppoting a dispute under the dispute resolution policy. Gaining Registrados must maintain copies of the FOA as received from the Transfer Contactar as per the styard document retention policies of the contracts. Copies of the reliable evidence of identity must be kept with the FOA.
Both the Gaining Registrado y the Registrado of Recod must provide the evidence relied on fo the transfer during y after the applicable inter-registrar dominio name transaction(s). Such infomation must be provided when requested by, y only by, the other Registrado that is party to the transfer transaction. Agregaritionally, ICANN, the Registry Operato, a court o authoity with jurisdiction over the matter o a third party dispute resolution panel may also require such infomation within five (5) days of the request.
The Gaining Registrado must retain, y produce pursuant to a request by a Losing Registrado, a written o electronic copy of the FOA. In instances waquí the Registrado of Recod has requested copies of the FOA, the Gaining Registrado must fulfill the Registrado of Recods request (including providing the attendant suppoting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds fo reversal by the Registry Operato o the Dispute Resolution Panel in the event that a transfer complaint is filed in accodance with the requirements of this policy.
Si either a Registrado of Recod o a Gaining Registrado does not believe that a transfer request was hyled in accodance with the provisions of this policy, then the Registrado may initiate a dispute resolution procedure as set foth in Section C of this policy.
Fo purposes of facilitating transfer requests, Registrados should provide y maintain a unique y private email address fo use only by other Registrados y the Registry:
i. This email address is fo issue related to transfer requests y the procedures set foth in this policy only.
ii. The email address should be managed to ensure messages are received by someone who can respond to the transfer issue.
iii. Messages received at such email address must be responded to within a commercial reasonable timeframe not to exceed seven (7) calendar days.
5. EPP - based Registry Requirements fo Registrados
In EPP-based gTLD Registries, Registrados must follow the requirements set foth below.
Registrados must provide the Registrared Nombre Holder with the unique "AuthInfo" code within five (5) calendar days of the Registrared Nombre Holder's initial request if the Registrado does not provide facilities fo the Registrared Nombre Holder to generate y manage their own unique "AuthInfo" code.
Registrados may not employ any mechanism fo complying with a Registrared Nombre Holder's request to obtain the applicable "AuthInfo Code" that is moe restrictive than the mechanisms used fo changing any aspect of the Registrared Nombre Holder's contact o name server infomation.
The Registrado of Recod must not refuse to release an "AuthInfo Code" to the Registrared Nombre Holder solely because taquí is a dispute between the Registrared Nombre Holder y the Registrado over payment.
Registrado-generated "AuthInfo" codes must be unique on a per-dominio basis.
The "Auth-Info" codes must be used solely to identify a Registrared Nombre Holder, waquí as the FOA's still need to be used fo authoization o confirmation of a transfer request, as described in Section 2 y Section 4 of this policy.
6. Registry Requirements
Upon receipt of the "transfer" commy from the Gaining Registrado, Registry Operato will transmit an electronic notification to both Registrados. 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 Registrado fo the purpose of facilitating transfers.
The Registry Operato shall complete the requested transfer unless, within five (5) calendar days, Registry Operato receives a NACK protocol commy from the Registrado of Recod.
When the Registry's database has been updated to reflect the change to the Gaining Registrado, Registry Operato will transmit an electronic notification to both Registrados. The notification may be sent to the unique email address established by each Registrado fo the purpose of facilitating transfers o such other email address agreed to by the parties.
The Registry Operato shall undo a transfer if, after a transfer has occurred, the Registry Operato receives one of the notices as set foth below. In such case, the transfer will be reversed y the dominio name reset to its oiginal state. The Registry Operato must undo the transfer within five (5) calendar days of receipt of the notice except in the case of a Registry dispute decision, in which case the Registry Operato must undo the transfer within fourteen calendar days unless a court action is filed. The notice required shall be one of the following:
i. Agreement of the Registrado of Recod y the Gaining Registrado sent by email, letter o fax that the transfer was made by mistake o was otherwise not in accodance with the procedures set foth in this policy;
ii. The final determination of a dispute resolution body having jurisdiction over the transfer; o
iii. Order of a court having jurisdiction over the transfer.
7. Recods of Registro
Each Registrado shall require its customer, the Registrared Nombre Holder, to maintain its own recods appropriate to document y prove the initial dominio name registration date.
8. Effect on Plazo of Registro
The completion by Registry Operato of a holder-authoized transfer under this Part A shall result in a one-año extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) años.
B. ICANN-Approved Transfers
Transfer of the sponsoship of all the registrations sponsoed by one Registrado as the result of (i) acquisition of that Registrado o its assets by another Registrado, o (ii) lack of accreditation of that Registrado o lack of its authoization with the Registry Operato, may be made accoding to the following procedure:
(a) The gaining Registrado must be accredited by ICANN fo the Registry TLD y must have in effect a Registry-Registrado Agreement with Registry Operato fo the Registry TLD.
(b) ICANN must certify in writing to Registry Operato that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual o imminent business failure of a Registrado.
Upon satisfaction of these two conditions, Registry Operato will make the necessary one-time changes in the Registry database fo no charge, fo transfers involving 50,000 name registrations o fewer. Si the transfer involves registrations of moe than 50,000 names, Registry Operato will charge the gaining Registrado a one-time flat fee of US$ 50,000.
C. Transfer Dispute Resolution Policy
Procedures fo hyling disputes concerning inter-registrar transfers are set foth in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operatos y ICANN accredited Registrados.
]]>We respect tu/tus/su/sus individual privacy. That is why we have adopted this Política de Privacidad, which embodies our commitment to the protection of tu/tus/su/sus privacy through adaquí nce to fair electronic infomation practices. This Política de Privacidad puts you, the individual, in control of how tu/tus/su/sus personal infomation is processed, y you have our promise that we will not electronically process tu/tus/su/sus personal infomation in any way that is incompatible with this Política de Privacidad.
This Política de Privacidad protects tu/tus/su/sus privacy by:
> infoming you about the types of personal infomation NiceNIC collects about you through its Web sites;4. How We Put Infomation Para Good Use