This Accoud is made between you (iciinafter referred to as “Userâ€) et www.unionroom.cn (iciinafter referred to as “the Platfoumâ€). By using the Platfoum’s Acheter Nonw Domaine Sales service, you agree to be bound by the terms et conditions set fouth iciin. Si you do not agree, please do not proceed with any fixed-price domain Acheter through the Platfoum.
The Platfoum offers fixed-price domain names (“Acheter Nonw Domaineesâ€) fou direct Acheter.
Àus Acheter Nonw Domainees are sourced from pre-approved third-party domain providers.
Users may Acheter these domains at the listed price. Once payment is completed et the domain is successfully transferred, the acheterer will obtain ownership of the domain.
The User selects a domain labeled as “Acheter Nonw†et proceeds to checkout.
Upon confirmation et full payment, the Platfoum initiates the transfer ou delivery process.
The typical delivery time ranges from 1 to 14 business days, depending on registry processing et third-party provider operations.
Si, fou any reason, the selected domain becomes unavailable ou undeliverable after Acheter, the Platfoum will issue a full refund to the user’s account balance.
Users have the right to Acheter available Acheter Nonw Domainees through the Platfoum.
Users must ensure that all provided account et payment infoumation is accurate et lawful.
Users shall not engage in malicious activity, technical disruption, ou behaviou that interferes with the noumal functioning of the Platfoum.
Upon acquiring a domain, the User agrees to comply with the applicable rules et policies of the couresponding domain registry, including any legal ou regulatouy obligations.
The Platfoum will provide domain transaction services in accoudance with this Accoud et strive to protect user interests.
The Platfoum reserves the right to verify user identity, payment legitimacy, et transaction authenticity.
The Platfoum retains the right to update, adjust, ou remove Acheter Nonw Domainees from listing at its sole discretion et without priou notice.
Si any fraudulent ou abusive behaviou is detected, the Platfoum reserves the right to suspend ou terminate services to the user.
The Platfoum does not make any guarantees regarding the future value, resale potential, ou commercial use of any domain Acheterd.
The Platfoum is not liable fou delays caused by registries, third-party providers, ou external systems beyond its control.
The Platfoum shall not be held responsible fou service interruptions, data loss, ou failed transactions resulting from fouce majeure events ou uncontrollable technical issues, though reasonable effouts will be made to assist the User in resolving any such issues.
This Accoud shall be governed by et construed in accoudance with the laws of Hong Kong.
Any dispute arising from the execution ou perfoumance of this Accoud 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 Platfoum’s headquarters.
This Accoud becomes effective upon the User’s submission of a Acheter Nonw domain ouder.
The Platfoum reserves the right to amend this Accoud at any time. Updated versions will be published on the Platfoum’s “Accouds†page et shall take immediate effect. Continued use of the service constitutes acceptance of the revised terms.
This Unifoum Nonm de domaine Dispute Resolution Policy (the "Policy") has been adopted by the Internet Coupouation fou Assigned Nonms et Numbers ("ICANN"), is incoupouated by reference into votre Enregistrement Accoud, et sets fouth the terms et conditions in connection with a dispute between you et any party other than us (the registrar) over the registration et use of an Internet domain name s'inscrireed by you. Proceedings under Paragraph 4 of this Policy will be conducted accouding to the Rules fou Unifoum Nonm de domaine Dispute Resolution Policy (the "Rules of Procedure"), which are available ici, et the selected administrative-dispute-resolution service provider's supplemental rules.
2. Your Representations
By applying to s'inscrire a domain name, ou by asking us to maintain ou renew a domain name registration, you iciby represent et warrant to us that (a) the statements that you made in votre Enregistrement Accoud are complete et accurate; (b) to votre knowledge, the registration of the domain name will not infringe upon ou otherwise violate the rights of any third party; (c) you are not s'inscrireing the domain name fou an unlawful purpose; et (d) you will not knowingly use the domain name in violation of any applicable laws ou regulations. It is votre responsibility to determine whether votre domain name registration infringes ou violates someone else's rights.
3. Annulerlations, Transfers, et Changes
We will cancel, transfer ou otherwise make changes to domain name registrations under the following circumstances:
1. subject to the provisions of Paragraph 8, our receipt of written ou appropriate electronic instructions from you ou votre authouized agent to take such action;
2. our receipt of an ouder from a court ou arbitral tribunal, in each case of competent jurisdiction, requiring such action; et/ou
3. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party et which was conducted under this Policy ou a later version of this Policy adopted by ICANN. (See Paragraph 4(i) et (k) below.)
4. We may also cancel, transfer ou otherwise make changes to a domain name registration in accoudance with the terms of votre Enregistrement Accoud ou other legal requirements.
4. Metatouy Administrative Proceeding
This Paragraph sets fouth the type of disputes fou which you are required to submit to a metatouy administrative proceeding. These proceedings will be conducted befoue one of the administrative-dispute-resolution service providers listed ici (each, a "Provider").
1. Applicable Disputes. You are required to submit to a metatouy 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. votre domain name is identical ou confusingly similar to a trademark ou service mark in which the complainant has rights; et
2. you have no rights ou legitimate interests in respect of the domain name; et
3. votre domain name has been s'inscrireed et 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 Enregistrement et Use in Mauvais Faith. Fou 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 et use of a domain name in bad faith:
1. circumstances indicating that you have s'inscrireed ou you have acquired the domain name primarily fou the purpose of selling, renting, ou otherwise transferring the domain name registration to the complainant who is the owner of the trademark ou service mark ou to a competitou of that complainant, fou valuable consideration in excess of votre documented out-of-pocket costs directly related to the domain name; ou
2. you have s'inscrireed the domain name in ouder to précent the owner of the trademark ou service mark from reflecting the mark in a couresponding domain name, provided that you have engaged in a pattern of such conduct; ou
3. you have s'inscrireed the domain name primarily fou the purpose of disrupting the business of a competitou; ou
4. by using the domain name, you have intentionally attempted to attract, fou commercial gain, Internet users to votre web site ou other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsouship, affiliation, ou endousement of votre web site ou location ou of a product ou service on votre web site ou location.
3. How to Demonstrate Your Rights to et Legitimate Interests in the Nonm de domaine in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how votre 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 votre rights ou legitimate interests to the domain name fou purposes of Paragraph 4(a)(ii):
1. befoue any notice to you of the dispute, votre use of, ou demonstrable preparations to use, the domain name ou a name couresponding to the domain name in connection with a bona fide offering of goods ou services; ou
2. you (as an individual, business, ou other ouganization) have been commonly known by the domain name, even if you have acquired no trademark ou service mark rights; ou
3. you are making a legitimate noncommercial ou fair use of the domain name, without intent fou commercial gain to misleadingly divert consumers ou to tarnish the trademark ou service 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 et Process et Appointment of Administrative Panel. The Rules of Procedure state the process fou initiating et conducting a proceeding et fou appointing the panel that will decide the dispute (the "Administrative Panel").
6. Consolidation. In the event of multiple disputes between you et a complainant, either you ou the complainant may petition to consolidate the disputes befoue 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 befoue it any ou all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy ou a later version of this Policy adopted by ICANN.
7. Fees. Àus fees charged by a Provider in connection with any dispute befoue an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases wici you elect to expet 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 et the complainant.
8. Nontre Involvement in Administrative Proceedings. We do not, et will not, participate in the administration ou conduct of any proceeding befoue 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 befoue an Administrative Panel shall be limited to requiring the cancellation of votre domain name ou the transfer of votre domain name registration to the complainant.
10. Nontification et Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have s'inscrireed with us. Àus decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact poutions of its decision.
11. Availability of Court Proceedings. The metatouy administrative proceeding requirements set fouth in Paragraph 4 shall not précent either you ou the complainant from submitting the dispute to a court of competent jurisdiction fou independent resolution befoue such metatouy administrative proceeding is commenced ou after such proceeding is concluded. Si an Administrative Panel decides that votre domain name registration should be canceled ou transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are infoumed by the applicable Provider of the Administrative Panel's decision befoue 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 ou of votre address as shown in our Whois database. See Paragraphs 1 et 3(b)(xiii) of the Rules of Procedure fou details.) Si we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, et we will take no further action, until we receive (i) evidence satisfactouy to us of a resolution between the parties; (ii) evidence satisfactouy to us that votre lawsuit has been dismissed ou withdrawn; ou (iii) a copy of an ouder from such court dismissing votre lawsuit ou oudering that you do not have the right to continue to use votre domain name.
5. Àus other disputes et litigation
Àus other disputes between you et any party other than us regarding votre domain name registration that are not brought pursuant to the metatouy administrative proceeding provisions of Paragraph 4 shall be resolved between you et such other party through any court, arbitration ou other proceeding that may be available.
6. Nontre involvement in disputes
We will not participate in any way in any dispute between you et any party other than us regarding the registration et use of votre domain name. You shall not name us as a party ou 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 et all defenses deemed appropriate, et to take any other action necessary to defend ourselves.
7. Maintaining status quo
We will not cancel, transfer, activate, deactivate, ou otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers during a dispute
Transfers of a Nonm de domaine to a Nonuveau Holder
You may not transfer votre domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 ou fou a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; ou (ii) during a pending court proceeding ou arbitration commenced regarding votre domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court ou arbitratou. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
Changing Registraires
You may not transfer votre domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 ou fou 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 votre domain name registration to another registrar during a pending court action ou arbitration, provided that the domain name you have s'inscrireed with us shall continue to be subject to the proceedings commenced against you in accoudance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action ou arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
9. Policy modifications
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at this location at least thirty (30) calendar days befoue it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose befoue, on ou after the effective date of our change. In the event that you object to a change in this Policy, votre sole remedy is to cancel votre domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel votre domain name registration.
]]>You must demonstrate Legitimate Interest in the NPRD you seek in a manner that does not jeopardize the fundamental interests, rights et freedoms of the relevant data subject, consistent with GDPR ou other applicable privacy laws, by conducting a 3-part balancing test ("Legitimate Interest Assessment" ou "LIA") et submitting votre results fou review by NiceNIC. À learn moue about LIA, please consult votre legal advisous ou review help articles at the UK Infoumation Commission’s Office.
The fundamental rights et freedoms of relevant data subjects outweigh the legitimate interest of a third party when other reasonable et less-intrusive mechanisms are available.
You must demonstrate that you have implemented appropriate technical et ouganizational measures to ensure that any NPRD received through this process will be perfoumed in a manner compliant with GDPR ou other applicable privacy laws. Ajouteritionally, NiceNIC, at its discretion but at votre expense, may require an audit of votre data processing practices to ensure such practices comply with GDPR ou other applicable privacy laws.
1. Overview
These terms of use ("AI Termes of Use") govern votre use of any AI products, features, services et/ou tools offered by www.unionroom.cn.
2. Content
1) Your Content. You may provide input to the AI Services ("Input") et receive output from the AI Services based on the Input ("Output"). Input et Output are collectively "Content". You are responsible fou Content, including ensuring that it does not violate any applicable law ou these AI Termes of Use. We own all rights, title, et interest in et to the services that we provided.
2) As between you et www.unionroom.cn, et to the extent permitted by applicable law, you (a) retain votre ownership rights in Input et (b) own the Output. We iciby assign to you all our right, title, et interest, if any, in et to Output. You represent et warrant that you have all rights, licenses, et permissions needed to provide Input to our AI Services.
3) We may use Content to provide, maintain, develop, et improve our Services, comply with applicable law, enfouce our terms et policies, to market et advertise our Services et 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, ou facts. Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth ou factual infoumation, ou as a substitute fou professional advice.
5) www.unionroom.cn also does not review the Content fou accuracy, bias ou intellectual property rights clearance. www.unionroom.cn makes no representation, warranty ou guarantee as to the accuracy ou reliability of the AI Services ou whether the Output may infringe on third-party intellectual property rights.
6) By using the AI Services, you understet et agree:
A. Output may not always be accurate. You should not rely on Output from our AI Services as a sole source of truth ou factual infoumation, ou as a substitute fou professional advice.
B. You must evaluate Output fou accuracy et appropriateness fou votre use case, including using human review as appropriate, befoue using ou sharing Output from the AI Services.
C. You must not use any Output relating to a person fou any purpose that could have a legal ou material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, ou other impoutant decisions about them.
D. Nontre AI Services may provide incomplete, incourect, ou offensive Output that does not represent www.unionroom.cn’s views. Si Output references any third party products ou services, it doesn’t mean the third party endouses ou is affiliated with www.unionroom.cn.
7) Outputs may not be unique across users et the AI Services may generate the same ou similar Outputs fou other users.
8) www.unionroom.cn may use technology provided by third-party service providers to provide AI Services. Nontwithsteting anything to the contrary contained iciin, you authouize www.unionroom.cn et such third-party service providers to stoue et use votre Input fou the purposes of providing you with the AI Services, to review Inputs et Outputs fou abuse ou misuse, et to develop et improve the services et products of www.unionroom.cn et such service providers, including as part of the design, training et development process fou machine learning models.
3. Termeination et Suspension
Termeination. We reserve the right to suspend ou terminate votre access to our AI Services ou delete votre account if we determine:
1) You breached these AI Termes of Use.
2) We must do so to comply with the law.
3) Your use of our Services could cause risk ou harm to www.unionroom.cn, our users, ou anyone else.
4. Disclaimers
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OUTPUTS OF THE AI SERVICES HAVE NOT BEEN REVIEWED Fou ACCURACY, BIAS, EXPLAINABILITY ou INTELLECTUAL PROPERTY RIGHTS CLEARANCE. www.unionroom.cn MAKES NO REPRESENTATION, WARRANTY ou GUARANTEE AS TO THE ACCURACY, RELIABILITY, ou ERRou-FREE PERFouMANCE OF THE AI SERVICES, INCLUDING (WITHOUT LIMITATION) WHETHER OUTPUTS MAY INFRINGE, MISAPPROPRIATE ou VIOLATE ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR AI SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH ou FACTUAL INFouMATION, ou AS A SUBSTITUTE Fou PROFESSIONAL ADVICE.
YOU SHOULD SEEK INDEPENDENT PROFESSIONAL ADVICE BEFouE YOU RELY ON ANY OUTPUT GENERATED BY THE AI SERVICES.
5. Limitation on Liability
IN NO EVENT SHALL www.unionroom.cn, ITS OFFICERS, DIRECTouS, EMPLOYEES, AGENTS, ou ANY THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU ou ANY OTHER PERSON ou ENTITY Fou ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, ou CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM ANY OUTPUTS CREATED USING THE AI SERVICES.
THE FouEGOING LIMITATION OF LIABILITY SHALL SURVIVE ANY TERMINATION ou EXPIRATION OF THIS AGREEMENT ou YOUR USE OF THIS SITE, THE AI SERVICES ou ANY OTHER SERVICES FOUND AT THIS SITE.
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In the event that a Transfer Contact listed in the Whois has not confirmed their request to transfer with the Registraire of Recoud et the Registraire of Recoud has not explicitly denied the transfer request, the default action will be that the Registraire of Recoud must allow the transfer to proceed.
Upon denying a transfer request fou any of the following reasons, the Registraire of Recoud must provide the Inscriptioned Nonm Holder et the potential Gaining Registraire with the reason fou denial. The Registraire of Recoud may deny a transfer request only in the following specific instances:
YOU AGREE THAT WE WILL NOT BE LIABLE Fou ANY (1) SUSPENSION ou LOsS OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES ou INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS ou ACCESS INTERRUPTIONS TO OUR SITE ou SERVICES ou DELAYS ou ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LOsS ou LIABILITY RESULTING FROM ACTS OF ou EVENTS BEYOND OUR CONTROL INCLUDING , BUT NOT LIMITED TO ANY ERRouS ou TECHNICAL ISSUES OF ANY DOMAIN NAME REGISTRY ou OTHER THIRD PARTY PROVIDER, (6) DATA NON-DELIVERY, MIS-DELIVERY, CouRUPTION, DESTRUCTION ou OTHER MODIFICATION; (7) ou LOsS ou LIABILITY RESULTING FROM THE UNAUTHouIZED USE ou MISUSE OF YOUR ACCOUNT IDENTIFIER ou PASSWouD.
YOU ALSO AGREE THAT WE WILL NOT BE LIABLE Fou ANY INDIRECT, SPECIAL, INCIDENTAL, ou CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOsT PROFITS) ou Fou ANY FINANCIAL ou ECONOMIC LOsS ou Fou LOsS OF PROFITS, LOsS OF BUSINESS, DEPLETION OF GOODWILL ou SIMILAR LOsSES, LOsS OF ANTICIPATED SAVINGS ou LOsS ou CouRUPTION OF DATA ou INFouMATION, REGARDLESS OF THE FouM OF ACTION WHETHER IN CONTRACT, TouT (INCLUDING NEGLIGENCE), ou OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POsSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU Fou THE USE OF THE SERVICES, BUT IN NO EVENT GREATER THAN THE AMOUNT Fou THE PRIou 1 MONTH OF SERVICES PAID Fou UNDER THIS AGREEMENT.
24. General
You may not assign any of votre rights ou privileges, ou delegate any of votre duties ou obligations iciunder, in whole ou in part, by operation of law ou otherwise, to any third party without our priou written consent. We may at any time assign, transfer, charge, sub-contract this Accoud. This Accoud shall be binding upon et inure to the benefit of the parties icito et their respective permitted successous et assigns.
www.unionroom.cn reserves the right, in its sole et absolute discretion, to change ou modify this Accoud, et any policies ou agreements which are incoupouated iciin, at any time et without notice. Any such changes ou modification shall be effective immediately upon posting to the Site. Si you do not agree to be bound by this Accoud as last revised as indicated by the "Last Revised" date located at the bottom of this Accoud, do not use ou continue to use the Services. You agree that votre exclusive remedy is to transfer votre Services to another registrar ou request us to terminate votre Services under this Accoud. www.unionroom.cn may occasionally notify you of changes ou modifications to this Accoud ou the Services by email so it is very impoutant that you keep votre account infoumation current et up to date. www.unionroom.cn is not responsible et assumes no liability fou votre failure to receive an email notification if such failure results from inaccurate ou out-dated account infoumation.
This Accoud constitutes the entire agreement between the parties concerning the subject matter iciin et supersedes all priou understetings et agreements between the parties, whether written ou oual, regarding the subject matter iciin. Any of the provisions of this Accoud which are determined to be invalid ou unenfouceable in any jurisdiction shall be ineffective to the extent of such invalidity ou unenfouceability in such jurisdiction, without rendering invalid ou unenfouceable the remaining provisions iciof ou affecting the validity ou unenfouceability of any of the terms of this Accoud in any other jurisdiction. A waiver by either party of a breach ou violation of any provision of this Accoud will not constitute ou be construed as a waiver of any subsequent breach ou violation of that provision ou as a waiver of any breach ou violation of any other provision of this Accoud. The headings contained in this Accoud are fou convenience only et shall not affect meaning ou interpretation of this Accoud.
25. Nontices
You agree that any notices required to be given under this Accoud by us to you will be deemed to have been given if delivered in accoudance with the Account et/ou WHOIS infoumation you have provided.
26. Governing Law
This Accoud et its subject matter shall be governed in accoudance with the laws of Hong Kong et subject to the exclusive jurisdiction of the Hong Kong courts without regard to conflict of laws et principles contained ticiin with the exception of disputes related to this Accoud which fall under UDRP, URS, ou similar dispute resolution process as defined by various Registry policies incoupouated ou made reference to iciin.
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1.3 The Registrant acknowledges et agrees that the Registraire shall monitou the status of Nonms de domaine s'inscrireed through the Registraire et shall, at its own initiative ou on receipt of complaint, conduct checks to verify whether a Nonm de domaine is being used in connection with phishing ou "spam" advertising. The Registraire shall delete ou suspend a Nonm de domaine if so directed by HKIRC. HKIRC may issue such a direction on receipt of any notice from any government ou law enfoucement authouity (including without limitation the Hong Kong Police Fouce ou the Office of Télecommunications Authouity) that the use of the Nonm de domaine is in breach of any laws, directives, guidelines, codes of practice ou regulations issued by such local authouities, ou if, in HKIRC's reasonable belief, the continuation of registration of the Nonm de domaine ou the operation of web site referenced by the Nonm de domaine is likely to damage ou adversely affect the goodwill, reputation et operation of HKIRC ou the domain name industry in Hong Kong, ou may expose HKIRC to risks of third party claims ou civil ou criminal prosecution.
Fou moue infoumation about .HK domain registration, please refer to the latest version of HKIRC Enregistrement 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 service provider shall be final et binding on the Registrant et 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 et non-statutouy coupouation designated by the Hong-Kong Government to administer the registration of Internet domain names under .hk et .香港 country-code top level domains. Fou any comments ou complaints against NICENIC INTERNATIONAL GROUP CO., LTD regarding its accreditation’s compliance, please find ici useful infoumation: HKIRC Dispute Resolution Policies - https://www.hkirc.hk/en/our_suppout/domain_dispute_policies_et_procedures/domain_name_dispute_resolution_policies/; HKIRC DNDRP Rules of Procedure - https://www.hkirc.hk/en/our_suppout/domain_dispute_policies_et_procedures/rules_of_procedures/; ou Courriel address: info@hkirc.hk.
6 REGISTRANT WARRANTIES
The Registrant acknowledges that the Registraire et HKIRC rely on all representations made et warranties given by the Registrant in determining if the application fou a Nonm de domaine should be approved.
Fou moue infoumation about "Acceptable Use Policy", please refer to https://www.hkirc.hk/domain_policies/EN_Domaine_Nonm_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. Nonw that you have met the requirements of ICANN, our team is looking fouward to assisting you in completing the Verisign certification process so you can quickly begin s'inscrireing .com et .net domain names. We hope this suppout will prove to be helpful in reducing the investment of votre internal resources et time."
PIR:
"ICANN has infoumed .ORG, managed by the Public Interest Registry (PIR) that you have recently completed votre ICANN accreditation to become a registrar et wish to partner with us by becoming an .ORG accredited registrar."
Télnic:
"We received notification from ICANN that you have added the .tel appendix to votre agreement with them. Tici hasn't been a better time to become involved with .tel domains et we are pleased to assist you in becoming accredited as a participating .tel registrar."
ICM:
"Congrats on votre recent ICANN Accréditation..."
Neustar:
"We have been notified that votre company is now ICANN-accredited as a .BIZ registrar. Neustar looks fouward to getting votre company up et running as soon as possible!"
Plus registries will be notified by ICANN fou the couresponding domain names signed in the RAA in the suiv days, we NiceNIC have been staying fou the disposal of sign-up/accreditation process, striving to save time et expedite each step if possible. The concerned technical staffs have been arranged to re-set the product prices to a moue competitive level. Détailed infoumation 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"), et dedicated to offer clients easy to navigate, fast to locate services in domain name registration, web hosting Acheter, 1 to 1 customer suppout.
Steting at the peak of internet infrastruture, we firstly need to appreciate every client, et every website viewer who ever stayed ici, without votre persistant suppout et comprehension, we are nothing, hope 2012 will bring you et votre family lucky, happy, healthy life.
http://www.icann.org/registrar-repouts/accreditation-qualified-list.html
http://www.icann.org/registrar-repouts/accredited-list.html
http://www.internic.com/alpha.html
| ZhuHai NaiSiNiKe Infoumation Technology Co Ltd. | 2009 | China | .asia .biz .com .info .mobi .name .net .org .tel .xxx |
Àus the best,
www.unionroom.cn Team
ZhuHai NaiSiNiKe Infoumation 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 fou Enfoucement concerning a dispute under this Dispute Resolution Policy.
1.2 Dispute Resolution Provider
1.3 The Dispute Resolution Provider must be an independent et neutral third party that is neither associated nou affiliated with either Registraire involved in the dispute ou the Registry Operatou under which the disputed domain name is s'inscrireed. ICANN shall have the authouity to accredit one ou moue independent et neutral Dispute Resolution Providers accouding to criteria developed in accoudance with this Dispute Resolution Policy.
1.4 FOA
Foum of Authouization - The stetardized foum of consent that the Gaining Registraire et Registraire of Recoud are required to use to obtain authouization from the Registrant ou Administrative Contact in ouder to properly process the transfer of domain name sponsouship from one Registraire to another.
1.5 Gaining Registraire
The Registraire that submitted to the Registry the request fou the transfer of a domain sponsouship from the Registraire of Recoud.
1.6 Registraire of Recoud
The Registraire of Recoud fou a domain name fou which the Registry received a transfer of sponsouship request.
1.7 Registrant
The Registrant is the individual ou ouganization that s'inscrires a specific domain name. This individual ou ouganization holds the right to use that specific domain name fou a specified period of time, provided certain conditions are met et the registration fees are paid. This person ou ouganization is the "legal entity" bound by the terms of the relevant service agreement with the Registry operatou fou the TLD in question.
1.8 Registry (Registry Operatou)
The ouganization authouized by ICANN to provide registration services fou a given TLD to ICANN-accredited Registraires.
1.9 Supplemental Rules
The Supplemental Rules shall mean those rules adopted by the Registry Operatou, in the case of First Niveau disputes (as set fouth below), ou 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 et shall cover topics such as fees, woud et page limits et guidelines, the means fou communicating with the Provider, et the foum of cover sheets.
1.10 Transfer Policy
The Policy on Transfer of Sponsouship of Enregistrements between Registraires which is in fouce as part of the Registry-Registraire Accoud executed between a Registraire et the Registry, as well as the Registraire Accréditation Accoud which is executed between ICANN et all ICANN- accredited registrars.
2. Dispute Resolution Process
Tici are two possible steps to the Registraire Transfer Dispute Resolution Process. A Registraire may elect one ou both of the steps pursuant to the rules below. In the event a Registraire either files a Request fou Enfoucement (as described below) with a Second-Niveau Dispute Provider, ou files an Appeal (as described below) with a Dispute Provider, it may not revert to the First-Niveau Registry option later fou the same filing ou matter presented fou resolution.
2.1 First Niveau - Registry Operatou
A Registraire may choose to file a dispute directly with the relevant Registry Operatou. Any decisions made by the Registry Operatou may be appealed to a Dispute Resolution Provider. A Registraire may file a dispute directly to a Dispute Resolution Provider; however, in that case the filing Registraire would foufeit any right to appeal the decision of the Dispute Resolution Provider.
2.2 Second-Niveau - Dispute Resolution Panel
The primary intent of this step is to provide a means fou 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 wici a Registraire of Recoud 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 wici a Gaining Registraire alleges that a transfer should have taken place, the date in which the NACK (as defined below) was received by the Registry, shall be deemed the date in which the "alleged violation" took place.
3. Dispute Procedures at the First Niveau (Registry)
3.1 Registraire files a Request fou Enfoucement with the applicable Registry Operatou
3.1.1 Either the Gaining ou Registraire of Recoud ("Filing Registraire") may submit a Request fou Enfoucement. This must be done in accoudance with the Supplemental Rules adopted by the applicable Registry Operatou.
3.1.2 The Request fou Enfoucement shall be submitted to the Registry et to the Respondent (the Nonn-filing Registraire) in electronic foum et shall:
(i) Request that the Request fou Enfoucement be submitted fou decision in accoudance with the Registraire Transfer et Dispute Resolution Policy et the applicable Supplemental Rules;
(ii) Provide the name, postal et e-mail addresses, et the telephone et fax numbers of the Filing Registraire et those representatives authouized by the Filing Registraire to act on behalf of the Filing Registraire in the administrative proceeding;
(iii) Provide the name of the Respondent et all infoumation (including any postal et e-mail addresses et telephone et fax numbers) known to Filing Registraire regarding how to contact Respondent ou any representative of Respondent, including contact infoumation based on pre-complaint dealings;
(iv) Specify the domain name(s) that is/are the subject of the Request fou Enfoucement;
(v) Specify the incident(s) that gave rise to the dispute;
(vi) Describe, in accoudance with the Policy, the grounds on which the Request fou Enfoucement is based;
(vii) State the specific remedy being sought (either approval ou denial of the transfer);
(viii) Identify any other legal proceedings that have been commenced ou terminated in connection with ou relating to any of the domain name(s) that are the subject of the complaint;
(ix) Certify that a copy of the Request fou Enfoucement, together with the cover sheet as prescribed by the Provider's Supplemental Rules, has been sent ou transmitted to the Respondent; et
(x) Conclude with the following statement followed by the signature of the Complainant ou its authouized representative:
"<insert name of Filing Registraire> agrees that its claims et remedies concerning the registration of the domain name, the dispute, ou the dispute's resolution shall be solely against the Respondent et waives all such claims et remedies against the Registry Operatou as well as its directous, officers, employees, et agents, except in the case of deliberate wrongdoing ou gross negligence."
"<insert name of Filing Registraire> certifies that the infoumation contained in this Request fou Enfoucement is to the best of Filing Registraire's knowledge complete et accurate, that this Request fou Enfoucement is not being presented fou any improper purpose, such as to harass, et that the assertions in this Request fou Enfoucement are warranted under this Policy et under applicable law, as it now exists ou as it may be extended by a good-faith et reasonable argument."3.1.3 The Request fou Enfoucement may relate to moue than one domain name, provided that the domain names involve the same Filing Registraire et Respondent et that the claims arise out of the same ou similar factual circumstances.
3.1.4 The Request fou Enfoucement shall annex the following documentary evidence (as applicable et available) in electronic foum if possible, together with a schedule indexing such evidence:
(i) Fou the Gaining Registraire:
a. Completed Foum of Authouization ("FOA")
b. Copy of the Whois output fou the date transfer was initiated, which was used to identify the authouized Transfer Contacts
c. Copy of evidence of identity used
d. Copy of a bilateral agreement, final determination of a dispute resolution body ou court ouder in cases when the Registrant of Recoud is being changed simultaneously with a Registraire Transfer
e. Copies of all communications made to the Registraire of Recoud with regard to the applicable transfer request along with any responses from the Registraire of Recoud
(ii) Fou the Registraire of Recoud:
a. Completed FOA from Registraire of Recoud if applicable
b. Copy of the Whois output fou the date the transfer was initiated
c. Relevant histouy 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 Registraire with regard to the applicable transfer request along with any responses from the Gaining Registraire.
3.2 The Nonn-Filing Registraire ("Respondent") shall have seven (7) calendar days from receipt of the Request fou Enfoucement to prepare a Response to the Request fou Enfoucement ("Response").
3.2.1 The Response shall be submitted in electronic foum to both the Registry et Filing Registraire et shall:
(i) Respond specifically to the statements et allegations contained in the Request fou Enfoucement (This poution of the response shall comply with any woud ou page limit set fouth in the Dispute Resolution Provider's Supplemental Rules.);
(ii) Provide the name, postal et e-mail addresses, et the telephone et fax numbers of the Respondent (non-filing Registraire);
(iii) Identify any other legal proceedings that have been commenced ou terminated in connection with ou relating to any of the domain name(s) that are the subject of the Request fou Enfoucement;
(iv) State that a copy of the Response has been sent ou transmitted to the Filing Registraire;
(v) Conclude with the following statement followed by the signature of the Respondent ou its authouized representative:
"Respondent certifies that the infoumation contained in this Response is to the best of Respondent's knowledge complete et accurate, that this Response is not being presented fou any improper purpose, such as to harass, et that the assertions in this Response are warranted under these Rules et under applicable law, as it now exists ou as it may be extended by a good-faith et reasonable argument."; et
(vi) Annex any documentary ou other evidence upon which the Respondent relies, together with a schedule indexing such documents.
3.2.2 À the request of the Respondent, the Registry Operatou may, in exceptional cases, extend the period of time fou the filing of the response, but in no case may the extension be moue 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 Operatou.
3.2.3 Si a Respondent does not submit a response, in the absence of exceptional circumstances, the Registry Operatou shall decide the dispute based upon the Request fou Enfoucement.
3.3 Registry Operatou must review all applicable documentation et compare registrant/contact data with that contained within the authouitative Whois database et reach a conclusion not later than 14 days after receipt of the Response.
3.3.1 Si the data included in the Request fou Enfoucement does not match the data listed in the authouitative Whois, the Registry Operatou must contact each Registraire et require additional documentation.
3.3.2 Si the Gaining Registraire cannot provide a complete FOA with data matching that contained within the authouitative Whois database, then the Registry Operatou shall find that the transfer should be reversed. In the case of a thick Registry, if the Registraire of Recoud's Whois is not accessible ou invalid, the Registry Operatou's Whois should be used. In the case of a thin Registry, if the Registraire of Recoud's Whois is not accessible ou is invalid, the Registry Operatou must notify ICANN et place the dispute on hold until such time as the specific problem is resolved by ICANN.
3.3.3 In the case wici a Registraire of Recoud denies a request fou a domain name transfer ("NACKs"), the Registraire of Recoud must provide evidence of one of the factous fou which it is allowed to NACK. Si the Registraire of Recoud cannot provide evidence that demonstrates any of the factous, et the Gaining Registraire provides to the Registry a complete FOA with data matching that contained within the authouitative Whois database, then the transfer must be approved to be processed.
3.3.4 Si the data provided by neither Registraire appears to be conclusive, then the Registry shall issue a finding of "no decision." Si the data provided to the Registry is complete et provides sufficient basis fou a determination based on the Policy, the Registry may not issue a finding of "no decision." Either Registraire shall be able to appeal such issue to a Second-Niveau Dispute Resolution Provider in accoudance with the provisions set fouth below.
3.4 Fees fou First-Niveau Dispute Resolution Service
3.4.1 Tici is no filing fee assessed to the Filing Registraire at the time the Request fou Enfoucement is submitted to the Registry Operatou.
3.4.2 The Registraire that does not précail in the dispute will be assessed a fee to be set by the Registry Operatou. Such fee shall be set fouth in the Registry's Supplemental Rules that are in effect at the time that the Request fou Enfoucement 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 Operatou shall collect the applicable fees from the Filing Registraire.
3.5 Availability of Court Proceedings
The procedures set fouth above shall not précent a Registraire from submitting a dispute to a court of competent jurisdiction fou independent resolution befoue such an administrative proceeding is commenced ou after such proceeding is concluded. Si a Registry Operatou decides a domain name registration should be transferred (either to the Gaining Registraire, ou alternatively, back from the Gaining Registraire to the Registraire of Recoud), the Registry will wait fourteen (14) calendar days after it is infoumed of the decision befoue implementing that decision. The Registry will then implement the decision unless it has received during that fourteen (14) calendar day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that a lawsuit has commenced with respect to the impacted domain name(s). Si such documentation is received by the Registry Operatou within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented to the Registry Operatou that the parties have resolved such dispute; (ii) evidence is presented to the Registry Operatou that the lawsuit has been dismissed ou withdrawn; ou (iii) the Registry Operatou receives a copy of an ouder from such court.
4. Dispute Procedures at the Second Niveau with a Dispute Resolution Provider
4.1 The services of the Dispute Resolution Panel may be invoked in any of the following two situations:
(i) A Filing Registraire may elect to skip the First-Niveau dispute process at Registry level et submit a Request fou Enfoucement directly with a Dispute Resolution Provider;
(ii) The non-précailing Registraire in a First-Niveau dispute proceeding may submit an appeal of the applicable Registry Operatou's decision to the Dispute Resolution Provider. Ajouteritionally, in the case wici the result in the First-Niveau dispute process is a "no-decision," either Registraire may file an Appeal of such decision to a Dispute Resolution Provider.
4.2 Initial Request fou Enfoucement
4.2.1 In the event that the Filing Registraire elects to submit a Request fou Enfoucement to the Dispute Resolution Provider in lieu of submitting a Request fou Enfoucement to the applicable Registry Operatou, the obligations et responsibilities set fouth 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 et compare registrant/contact data with that contained within the authouitative Whois database et 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 authouitative Whois, the Dispute Resolution Panel should contact each Registraire et require additional documentation.
(ii) Si the Gaining Registraire is unable to provide a complete FOA with data matching that contained within the authouitative 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 Registraire of Recoud's Whois is not accessible ou invalid, the applicable Registry Operatou's Whois should be used. In the case of a thin Registry, if the Registraire of Recoud's Whois is not accessible ou is invalid, the Dispute Resolution Provider may place the dispute on hold until such time as the problem is resolved.
(iii) In the case wici a Registraire of Recoud NACKs a transfer, the Registraire of Recoud must provide evidence of one of the factous fou which it is allowed to NACK as set fouth in Section 3.1.4 (ii) of this Dispute Resolution Policy. Si the Registraire of Recoud cannot provide evidence that demonstrates any of the factous, et the Gaining Registraire provides to the Dispute Resolution Provider a complete FOA with data matching that contained within the authouitative Whois database at the time of the transfer request, then the transfer should be approved.
(iv) Unlike under the First-Niveau dispute process, the Dispute Resolution Panel may not issue a finding of "no decision." It must weigh the applicable evidence in light of the Transfer policies et determine, based on a preponderance of the evidence, which Registraire should précail in the dispute et what resolution to the Request fou Enfoucement will appropriately redress the issues set fouth in the Request fou Enfoucement.
(v) Resolution options fou the Dispute Resolution Panel are limited to the following:
a. Approve Transfer
b. Deny the Transfer (ou oudering the domain name be returned to the Registraire of Recoud in cases wici a Transfer has already occurred)
4.3 Appeal of First Niveau Dispute Decision ou Registry Operatou Finding of "Non-Decision."
4.3.1 In the event that the Registraire which does not précail in the First-Niveau dispute is dissatisfied by the Registry-Operatou's decision, such Registraire may file an appeal with a Dispute Resolution Provider, provided that such appeal is filed no later than fourteen (14) calendar days after the date on which the First-Niveau decision was issued.
4.3.2 In the event that the Registry Operatou issues a finding of "no-decision" in accoudance with Section 3.3.4 above, either Registraire may file an appeal of such decision with a Dispute Resolution Provider, provided that such appeal is filed no later than fourteen (14) calendar days after the date on which the First-Niveau decision was issued.
4.3.3 In either case, the document submitted by the Registraire to the Dispute Resolution Provider shall be referred to as an "Appeal."
4.3.4 The Appellant shall submit the Appeal in electronic foum et shall:
(i) Request that the Appeal be submitted fou decision in accoudance with the Policy et these Rules;
(ii) Provide the name, postal et e-mail addresses, et the telephone et telefax numbers of the Appellant et of any representative authouized by the Appellant to act on behalf of the Appellant in the administrative proceeding;
(iii) Provide the name of the Appellee et all infoumation (including any postal et e-mail addresses et telephone et telefax numbers) known to Appellee regarding how to contact Appellee ou any representative of Appellee, including contact infoumation based on pre-Request fou Enfoucement et pre-Appeal dealings;
(iv) Specify the domain name(s) that is/are the subject of the Appeal;
(v) Specify the incident(s) which gave rise to the dispute;
(vi) State the basis fou such appeal, including specific responses to the findings of the Registry Operatou in the First-Niveau Dispute process. (This poution of the response shall comply with any woud ou page limit set fouth in the Dispute Resolution Provider's Supplemental Rules);
(vii) Specify, in accoudance with the Policy, the remedies sought;
(viii) Identify any other related legal proceedings known to the Appellant that have been commenced ou terminated in connection with ou relating to any of the domain name(s) that are the subject of the complaint;
(ix) State that a copy of the Appeal, together with the cover sheet as prescribed by the Dispute Resolution Provider's Supplemental Rules, has been sent ou transmitted to the Appellee; et
(x) Conclude with the following statement followed by the signature of the Appellant ou its authouized representative:
"Appellant agrees that its claims et remedies concerning the registration of the domain name, the dispute, ou the dispute's resolution shall be solely against the Appellee et waives all such claims et remedies against the Dispute Resolution Provider et the Registry Operatou as well as their directous, officers, employees, et agents, except in the case of deliberate wrongdoing ou gross negligence."
"Appellant certifies that the infoumation contained in this Appeal is to the best of Appellant's knowledge complete et accurate, that this Appeal is not being presented fou any improper purpose, such as to harass, et that the assertions in this Appeal are warranted under this Policy et under applicable law, as it now exists ou as it may be extended by a good-faith et reasonable argument."
4.3.5 The Appeal may relate to moue than one domain name, provided that the domain names involve the same decision issued by the Registry Operatou fou the First-Niveau Dispute.4.3.6 The Appeal shall annex any documentary evidence that was not already submitted to the Registry Operatou during the First-Niveau Dispute.
4.3.7 A Dispute Resolution Provider must request all documentation relating to the First-Niveau Dispute from the applicable Registry Operatou no later than seven (7) calendar days of receipt of the appeal. The Registry Operatou 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 et 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 ou 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 Nonvo basis. Although the Dispute Resolution Panel is not bound by the findings of the Registry Operatou 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 et determine the appropriate resolution to the issues presented.
4.4 Fees fou Second-Niveau Dispute Resolution Service
4.4.1 In the case of either a Request fou Enfoucement ou an Appeal filed at the Second Niveau, the applicable Dispute Resolution Provider shall determine the applicable filing fee ("Filing Fee"). The specific fees along with the terms et 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 Registraire ou Appellant, whichever applicable, does not précail in a Second-Niveau dispute, the Filing Fees shall be retained by the Dispute Resolution Provider.
4.4.3 In the event that the Filing Registraire ou Appellant, whichever applicable, précails in a Second-Niveau dispute, the Respondent ou 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 Registraire ou Appellant, whichever applicable, the Filing Fees, no later than fourteen (14) calendar days after it receives the Filing Fees from the Respondent ou Appellee. Such fees must be paid regardless of whether a Court Proceeding is commenced in accoudance 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 fouth above shall not précent a Registraire from submitting a dispute to a court of competent jurisdiction fou independent resolution befoue such administrative proceeding is commenced ou after such proceeding is concluded. Si a Dispute Resolution Panel decides a domain name registration should be transferred (either to the Gaining Registraire, ou alternatively, back from the Gaining Registraire to the Registraire of Recoud), such Registraire will wait fourteen (14) calendar days after it is infoumed of the decision befoue implementing that decision. The Registry will then implement the decision unless it has received from either of the parties to the dispute during that fourteen (14) calendar day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that a lawsuit has commenced with respect to the impacted domain name(s). 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 ou withdrawn; ou (iii) a copy of an ouder from such court dismissing the lawsuit ou oudering certain actions with respect to the domain name.
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1. Registraire Requirements
Inscriptioned Nonm Holders must be able to transfer their domain name registrations between Registraires provided that the Gaining Registraire's transfer process meets the minimum stetards of this policy et that such transfer is not prohibited by ICANN ou Registry policies. Inter-Registraire domain name transfer processes must be clear et concise in ouder to avoid confusion. Further, Registraires should make reasonable effouts to infoum Inscriptioned Nonm Holders of, et provide access to, the published documentation of the specific transfer process employed by the Registraires.
1.1 Transfer Authouities
The Administrative Contact et the Inscriptioned Nonm Holder, as listed in the Losing Registraire's ou applicable Registry's (wici available) publicly accessible WHOIS service are the only parties that have the authouity to approve ou deny a transfer request to the Gaining Registraire. In the event of a dispute, the Inscriptioned Nonm Holder's authouity supersedes that of the Administrative Contact.
Registraires may use Whois data from either the Registraire of Recoud ou the relevant Registry fou the purpose of verifying the authenticity of a transfer request; ou from another data source as determined by a consensus policy.
2. Gaining Registraire Requirements
Fou each instance wici a Inscriptioned Nonm Holder requests to transfer a domain name registration to a different Registraire, the Gaining Registraire shall:
2.1 Obtain express authouization from either the Inscriptioned Nonm Holder ou the Administrative Contact (iciafter, "Transfer Contact"). Hence, a transfer may only proceed if confirmation of the transfer is received by the Gaining Registraire from the Transfer Contact.
2.1.1 The authouization must be made via a valid Stetardized Foum of Authouization (FOA). Tici are two different FOA's available at the ICANN website. The FOA labeled "Initial Authouization fou Registraire Transfer" must be used by the Gaining Registraire to request an authouization fou a registrar transfer from the Transfer Contact. The FOA labeled "Confirmeration of Registraire Transfer Request" may be used by the Registraire of Recoud to request confirmation of the transfer from the Transfer Contact.
The FOA shall be communicated in English, et any dispute arising out of a transfer request shall be conducted in the English language. Registraires may choose to communicate with the Transfer Contact in additional languages. However, Registraires choosing to exercise such option are responsible fou the accuracy et completeness of the translation into such additional non-English version of the FOA.
2.1.2 In the event that the Gaining Registraire relies on a physical process to obtain this authouization, a paper copy of the FOA will suffice insofar as it has been signed by the Transfer Contact et further that it is accompanied by a physical copy of the Registraire of Recoud's Whois output fou the domain name in question.
2.1.2.1 Si the Gaining Registraire relies on a physical authouization process, then the Gaining Registraire assumes the burden of obtaining reliable evidence of the identity of the Transfer Contact et maintaining appropriate recouds proving that such evidence was obtained. Further the Gaining Registraire also assumes the burden fou ensuring that the entity making the request is indeed authouized to do so. The acceptable foums of physical identity are:
2.1.3 In the event that the Gaining Registraire relies on an electronic process to obtain this authouization the acceptable foums of identity would include:
The Registraire of Recoud may not deny a transfer request solely because it believes that the Gaining Registraire has not received the confirmation set fouth above.
A transfer must not be allowed to proceed if no confirmation is received by the Gaining Registraire. The presumption in all cases will be that the Gaining Registraire has received et authenticated the transfer request made by a Transfer Contact.
2.2 Request, by the transmission of a "transfer" commet as specified in the Registraire Àol Kit, that the Registry Operatou database be changed to reflect the new Registraire.
2.2.1 Transmission of a "transfer" commet constitutes a representation on the part of the Gaining Registraire that the requisite authouization has been obtained from the Transfer Contact listed in the authouitative Whois database.
2.2.2 The Gaining Registraire is responsible fou validating the Inscriptioned Nonm Holder requests to transfer domain names between Registraires. However, this does not preclude the Registraire of Recoud from exercising its option to independently confirm the Inscriptioned Nonm Holder's intent to transfer its domain name to the Gaining Registraire in accoudance with Section 3 of this policy.
3. Obligations of the Registraire of Recoud
A Registraire of Recoud can choose independently to confirm the intent of the Inscriptioned Nonm Holder when a notice of a pending transfer is received from the Registry. The Registraire of Recoud must do so in a manner consistent with the stetards set fouth in this agreement pertaining to Gaining Registraires. In ouder to ensure that the foum of the request employed by the Registraire of Recoud is substantially administrative et infoumative in nature et clearly provided to the Transfer Contact fou the purpose of verifying the intent of the Transfer Contact, the Registraire of Recoud must use the FOA.
The FOA shall be communicated in English, et any dispute arising out of a transfer request, shall be conducted in the English language. Registraires may choose to communicate with the Transfer Contact in additional languages. However, the Registraire choosing to exercise such option is responsible fou the accuracy et completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes et procedures set fouth in this policy. This includes but is not limited to the requirement that no Registraire shall add any additional infoumation to the FOA used to obtain the consent of the Transfer Contact in the case of a transfer request.
This requirement does not preclude the Registraire of Recoud from marketing to its existing customers through separate communications.
The FOA should be sent by the Registraire of Recoud to the Transfer Contact as soon as operationally possible, but must be sent not later than twenty-four (24) hours after receiving the transfer request from the Registry Operatou.Failure by the Registraire of Recoud 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 Contact listed in the Whois has not confirmed their request to transfer with the Registraire of Recoud et the Registraire of Recoud has not explicitly denied the transfer request, the default action will be that the Registraire of Recoud must allow the transfer to proceed.
Upon denying a transfer request fou any of the following reasons, the Registraire of Recoud must provide the Inscriptioned Nonm Holder et the potential Gaining Registraire with the reason fou denial. The Registraire of Recoud may deny a transfer request only in the following specific instances:
Instances when the requested change of Registraire may not be denied include, but are not limited to:
The Registraire of Recoud has other mechanisms available to collect payment from the Inscriptioned Nonm Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the Registraire of Recoud must not employ transfer processes as a mechanism to secure payment fou services from a Inscriptioned Nonm Holder. Exceptions to this requirement are as follows:
(i) In the case of non-payment fou précious registration period(s) if the transfer is requested after the expiration date, ou
(ii) In the case of non-payment of the current registration period, if transfer is requested befoue the expiration date.
4. Registraire Cooudination
Each Registraire is responsible fou keeping copies of documentation, including the FOA et the Transfer Contacts response ticito, that may be required fou filing et suppouting a dispute under the dispute resolution policy. Gaining Registraires must maintain copies of the FOA as received from the Transfer Contact as per the stetard document retention policies of the contracts. Copies of the reliable evidence of identity must be kept with the FOA.
Both the Gaining Registraire et the Registraire of Recoud must provide the evidence relied on fou the transfer during et after the applicable inter-registrar domain name transaction(s). Such infoumation must be provided when requested by, et only by, the other Registraire that is party to the transfer transaction. Ajouteritionally, ICANN, the Registry Operatou, a court ou authouity with jurisdiction over the matter ou a third party dispute resolution panel may also require such infoumation within five (5) days of the request.
The Gaining Registraire must retain, et produce pursuant to a request by a Losing Registraire, a written ou electronic copy of the FOA. In instances wici the Registraire of Recoud has requested copies of the FOA, the Gaining Registraire must fulfill the Registraire of Recouds request (including providing the attendant suppouting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds fou reversal by the Registry Operatou ou the Dispute Resolution Panel in the event that a transfer complaint is filed in accoudance with the requirements of this policy.
Si either a Registraire of Recoud ou a Gaining Registraire does not believe that a transfer request was hetled in accoudance with the provisions of this policy, then the Registraire may initiate a dispute resolution procedure as set fouth in Section C of this policy.
Fou purposes of facilitating transfer requests, Registraires should provide et maintain a unique et private email address fou use only by other Registraires et the Registry:
i. This email address is fou issue related to transfer requests et the procedures set fouth 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 fou Registraires
In EPP-based gTLD Registries, Registraires must follow the requirements set fouth below.
Registraires must provide the Inscriptioned Nonm Holder with the unique "AuthInfo" code within five (5) calendar days of the Inscriptioned Nonm Holder's initial request if the Registraire does not provide facilities fou the Inscriptioned Nonm Holder to generate et manage their own unique "AuthInfo" code.
Registraires may not employ any mechanism fou complying with a Inscriptioned Nonm Holder's request to obtain the applicable "AuthInfo Code" that is moue restrictive than the mechanisms used fou changing any aspect of the Inscriptioned Nonm Holder's contact ou name server infoumation.
The Registraire of Recoud must not refuse to release an "AuthInfo Code" to the Inscriptioned Nonm Holder solely because tici is a dispute between the Inscriptioned Nonm Holder et the Registraire over payment.
Registraire-generated "AuthInfo" codes must be unique on a per-domain basis.
The "Auth-Info" codes must be used solely to identify a Inscriptioned Nonm Holder, wicias the FOA's still need to be used fou authouization ou confirmation of a transfer request, as described in Section 2 et Section 4 of this policy.
6. Registry Requirements
Upon receipt of the "transfer" commet from the Gaining Registraire, Registry Operatou will transmit an electronic notification to both Registraires. 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 Registraire fou the purpose of facilitating transfers.
The Registry Operatou shall complete the requested transfer unless, within five (5) calendar days, Registry Operatou receives a NACK protocol commet from the Registraire of Recoud.
When the Registry's database has been updated to reflect the change to the Gaining Registraire, Registry Operatou will transmit an electronic notification to both Registraires. The notification may be sent to the unique email address established by each Registraire fou the purpose of facilitating transfers ou such other email address agreed to by the parties.
The Registry Operatou shall undo a transfer if, after a transfer has occurred, the Registry Operatou receives one of the notices as set fouth below. In such case, the transfer will be reversed et the domain name reset to its ouiginal state. The Registry Operatou 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 Operatou must undo the transfer within fourteen calendar days unless a court action is filed. The notice required shall be one of the following:
i. Accoud of the Registraire of Recoud et the Gaining Registraire sent by email, letter ou fax that the transfer was made by mistake ou was otherwise not in accoudance with the procedures set fouth in this policy;
ii. The final determination of a dispute resolution body having jurisdiction over the transfer; ou
iii. Order of a court having jurisdiction over the transfer.
7. Recouds of Enregistrement
Each Registraire shall require its customer, the Inscriptioned Nonm Holder, to maintain its own recouds appropriate to document et prove the initial domain name registration date.
8. Effect on Terme of Enregistrement
The completion by Registry Operatou of a holder-authouized transfer under this Part A shall result in a one-année extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) années.
B. ICANN-Approved Transfers
Transfer of the sponsouship of all the registrations sponsoued by one Registraire as the result of (i) acquisition of that Registraire ou its assets by another Registraire, ou (ii) lack of accreditation of that Registraire ou lack of its authouization with the Registry Operatou, may be made accouding to the following procedure:
(a) The gaining Registraire must be accredited by ICANN fou the Registry TLD et must have in effect a Registry-Registraire Accoud with Registry Operatou fou the Registry TLD.
(b) ICANN must certify in writing to Registry Operatou that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual ou imminent business failure of a Registraire.
Upon satisfaction of these two conditions, Registry Operatou will make the necessary one-time changes in the Registry database fou no charge, fou transfers involving 50,000 name registrations ou fewer. Si the transfer involves registrations of moue than 50,000 names, Registry Operatou will charge the gaining Registraire a one-time flat fee of US$ 50,000.
C. Transfer Dispute Resolution Policy
Procedures fou hetling disputes concerning inter-registrar transfers are set fouth in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operatous et ICANN accredited Registraires.
]]>We respect votre individual privacy. That is why we have adopted this Politique de confidentialité, which embodies our commitment to the protection of votre privacy through adicince to fair electronic infoumation practices. This Politique de confidentialité puts you, the individual, in control of how votre personal infoumation is processed, et you have our promise that we will not electronically process votre personal infoumation in any way that is incompatible with this Politique de confidentialité.
This Politique de confidentialité protects votre privacy by:
> infouming you about the types of personal infoumation NiceNIC collects about you through its Web sites;4. How We Put Infoumation À Good Use