1. Scope ? Purpose
1.1 This Policy explains the general post-expiration process that may apply to ?????? names managed through NiceNIC, including expiration, renewal, redemption, expired ?????? auction, pending delete status, ? release of a ?????? name back to the public registration pool.
1.2 ?????? lifecycle timing may vary depending on the top-level ?????? (“TLD”), registry rules, registry operat?? practices, applicable ICANN requirements, ? other governing policies. ??t all TLDs follow the same expiration, redemption, auction, ?? deletion process.
1.3 In the event of any inconsistency between this Policy ? the applicable registry’s rules ?? m?at??y ICANN policy, the applicable registry rules ? m?at??y policy requirements shall ?????ail.
1.4 The English-language version of this Policy shall control. Any translation is provided f?? convenience only. In the event of any inconsistency, the English-language version shall ?????ail.
2. Definitions
F?? purposes of this Policy:
2.1 “Expiration Date” means the date on which a ?????? name registration term ends.
2.2 “Grace Period” means any post-expiration period during which renewal may still be possible at the st?ard renewal fee, subject to the applicable TLD ? registry rules.
2.3 “Redemption Grace Period” ?? “RGP” means the post-deletion recovery period, w??? available, during which an expired ?????? name may still be rest??able f?? an additional redemption fee plus the applicable renewal fee.
2.4 “Pending Delete” means the final pre-release stage, w??? applicable, during which the ?????? name can no longer be renewed, rest??ed, modified, ?? transferred.
2.5 “Eligible ??????” means a ?????? name that is subject to NiceNIC’s expired ?????? auction process. ??t all TLDs ?? expired ?????? names are eligible f?? auction.
2.6 “?? ????d ?????? Auction” means the expired-?????? sale process that may apply to certain expired ?????? names bef??e final deletion ?? release.
2.7 “????out Auction” means the final sale phase f?? certain Eligible ???????? that were not sold earlier in the expired ?????? auction process.
3. Effect of Expiration
3.1 Upon expiration, a ?????? name may stop resolving, ? any website, email ?????, ?? other ????? associated with the ?????? name may cease functioning immediately ?? sh??tly t???after.
3.2 ????ing expiration, NiceNIC may restrict changes to the ?????? name, including DNS changes, contact updates, transfers, ?? other account-level actions, in acc??dance with registry rules, security measures, operational requirements, ?? the expired-?????? process then in effect.
3.3 Expiration does not mean that the ?????? name immediately becomes available to the public. Depending on the applicable TLD ? registry rules, the ?????? name may pass through one ?? m??e stages, including grace period, auction, redemption, pending delete, ? eventual release.
4. ?????al ??tices ? Customer Responsibility
4.1 NiceNIC may send renewal reminders ? expiration-related notices bef??e ? after expiration, as required by applicable policy ?? as part of NiceNIC’s st?ard operational process.
4.2 It is ??? sole responsibility to maintain accurate ? current account ? contact inf??mation, including ??? email address, ? to monit?? the status of ??? ?????? names.
4.3 Failure to receive a renewal notice, reminder, invoice, ?? other communication shall not relieve you of responsibility f?? renewing ??? ?????? name bef??e expiration.
4.4 ?? auto-renewal is enabled, successful renewal remains subject to valid payment, operational processing, ? the applicable registry rules. NiceNIC does not guarantee successful auto-renewal in every case.
5. St?ard Post-Expiration ?????al
5.1 F?? many generic TLDs, an expired ?????? name may remain renewable f?? approximately thirty (30) days after the Expiration Date at the st?ard renewal fee. This is a general reference only ? may vary by TLD.
5.2 ?????al is not complete unless ? until NiceNIC has successfully received ? processed full payment of all applicable fees.
5.3 NiceNIC reserves the right to determine whether a ?????? name remains eligible f?? st?ard renewal, redemption, ?? other recovery based on the applicable TLD, registry status, auction status, ? operational feasibility.
6. ?? ????d ?????? Auction f?? Eligible ????????
6.1 Certain expired ?????? names may enter NiceNIC’s expired ?????? auction process bef??e all recovery ????s have ended. This process applies only to Eligible ???????? ? does not apply to all TLDs.
6.2 F?? Eligible ???????? under NiceNIC’s st?ard expired-?????? process, the following general timeline may apply:
Day 0 after expiration
The ?????? name expires. The registrant may generally renew the ?????? name at the st?ard renewal fee during the initial post-expiration period, subject to applicable rules.
Day 26 after expiration
The ?????? name may enter expired ?????? auction. ? this stage, the registrant may still be able to renew the ?????? name at the st?ard renewal fee, unless otherwise restricted by the applicable process.
Day 31 after expiration
?? t??? is no active bid, the registrant may still be able to recover the ?????? name by paying the st?ard renewal fee plus the applicable redemption fee.
?? t??? is an active bid, the ?????? name may be removed from the registrant’s account ? may no longer be renewable through ??dinary renewal ?? rest??ation procedures.
Day 37 after expiration
The ?????? name may enter final closeout auction. Unless t??? is a pending ??? ?? other sale-related restriction, the registrant may still be able to recover the ?????? name by paying the st?ard renewal fee plus the applicable redemption fee.
Day 41 after expiration
The final closeout auction may end. ?? the ?????? name was not sold ?? otherwise committed to sale, recovery may still be possible f?? a limited period, subject to the applicable TLD, registry rules, ? NiceNIC’s operational process.
Day 74 after expiration
The ?????? name may be removed from the registrant’s account ? may no longer be renewable ?? rest??able through NiceNIC. After that point, the ?????? name may become available f?? re-registration only after the registry releases it.
6.3 Once an Eligible ?????? has an active bid, pending ???, completed sale, ?? other sale commitment under the expired-?????? process, the registrant’s right to renew ?? rest??e the ?????? name may be terminated ?? restricted.
6.4 NiceNIC does not guarantee that a ?????? name will remain recoverable until the end of any stated period if the ?????? is subject to auction, sale, registry restriction, ?? another applicable limitation.
7. Redemption Grace Period
7.1 ?? an expired ?????? name is not renewed during the applicable grace period ? if the applicable TLD supp??ts rest??ation after deletion, the ?????? name may enter the Redemption Grace Period.
7.2 During the Redemption Grace Period:
(a) the ?????? name may stop resolving;
(b) website ? email ?????s may remain unavailable;
(c) the ?????? name generally cannot be modified ?? transferred; ?
(d) rest??ation, if available, will require payment of the applicable redemption fee, the applicable renewal fee, ? any taxes ?? m?at??y fees.
7.3 Rest??ation during the Redemption Grace Period is not guaranteed ? remains subject to registry supp??t, operational feasibility, the ??????’s current status, ? the absence of auction ?? sale restrictions.
8. Pending Delete ? Final Release
8.1 ?? a ?????? name is not renewed ?? rest??ed during the applicable recovery periods, it may enter the Pending Delete stage, w??? supp??ted by the applicable TLD.
8.2 During Pending Delete, the ?????? name cannot be renewed, rest??ed, transferred, ?? modified.
8.3 F?? many generic TLDs, Pending Delete lasts approximately five (5) days. After that stage ends, the registry may release the ?????? name to the public f?? re-registration.
8.4 NiceNIC does not guarantee the exact time, date, ?? availability of a ?????? name once it is released by the registry, ? NiceNIC does not guarantee that the f??mer registrant will be able to re-???? the ?????? name.
9. TLD-Specific Variations
9.1 ??t all TLDs follow the st?ard lifecycle described above. Certain ?????? ????? (ccTLD) ? other TLDs may have sh??ter grace periods, no redemption period, no pending delete stage, ?? earlier renewal deadlines imposed by the registry.
9.2 The following TLD-specific rules may apply, subject at all times to registry changes ? the controlling registry rules:
9.2.1 TLDs generally following the common lifecycle
Many ?????? ????? (ccTLD) generally follow a lifecycle similar to the st?ard expiration, grace, redemption, ? deletion process, including, f?? example:
.AI, .BZ, .CA, .CC, .CO, .FM, .ID, .IN, .IO, .ME, .MX, .PW, .TV, .UK, .US, ? .WS.
9.2.2 TLDs with no Pending Delete stage
Certain TLDs may not have a Pending Delete stage ? may be released immediately after the end of their applicable redemption ?? recovery period, including, f?? example:
.ES, .EU, .FR, .IS, .LI, .NL, .PE, ? .PH (noting that .PH may also follow its own separate registry-specific process).
9.2.3 TLDs requiring renewal bef??e the actual expiration date
The following TLDs may need to be renewed twelve (12) days bef??e the actual Expiration Date. ?? not renewed in time, they may enter a recovery stage immediately, regardless of the number of calendar days remaining bef??e expiration:
.CH, .ES, .FR, .LI, .PE, .SG, .COM.SG, .COM.AU, .ORG.AU, ? .NET.AU.
9.2.4 TLDs requiring action five (5) days bef??e expiration
The following TLDs may need to be renewed manually ?? by auto-renewal no later than five (5) days bef??e expiration ? may otherwise enter a recovery ?? restricted state bef??e the actual Expiration Date:
.CX, .DE, .EU, ? .NL.
9.2.5 .CM ??????s
.CM ?????? names generally do not enter a redemption period ? may be sent f?? deletion on the actual Expiration Date. They may become available f?? public registration on the same day they expire, subject to registry release practices.
9.2.6 .GG ??????s
.GG ?????? names may be reactivated from the customer account f?? approximately twenty-eight (28) days after expiration. They may then enter a recovery stage between approximately Day 28 ? Day 30 after expiration. Once in that stage, reactivation may only be possible through NiceNIC Supp??t f?? approximately twenty-six (26) additional days.
9.2.7 .PH, .COM.PH, .NET.PH, ? .ORG.PH ??????s
These ??????s may not supp??t a st?ard Redemption Grace Period. Reactivation may still be possible within approximately thirty (30) days after expiration through the NiceNIC account at the regular renewal cost, depending on the registry status. ?? the ?????? is no longer visible in the account but is not yet publicly available, the customer should contact NiceNIC Supp??t immediately.
9.2.8 .UK ??????s, including second-level .UK ??????s
.UK ?????? names, including .CO.UK, .ME.UK, ? .ORG.UK, may generally have a thirty (30)-day post-expiration renewal period. After that time, the ?????? name may remain recoverable without a separate redemption fee until its release, which may occur approximately ninety (90) days after expiration. ?? a .UK ?????? name has expired f?? m??e than thirty (30) days but has not yet been released ? no longer appears in the account, the customer should contact NiceNIC Supp??t promptly.
9.2.9 .TO ??????s
.TO ?????? names may only be reactivated during approximately twenty-seven (27) days after expiration. They generally do not supp??t a st?ard Redemption Grace Period. After that point, they may be reserved by the registry ? may no longer be recoverable.
9.2.10 .NU ??????s
.NU ?????? names may be reactivated in the ??dinary manner within approximately seven (7) days after expiration. ?? not renewed within that period, they may enter an approximately sixty (60)-day recovery period during which rest??ation may still be possible through NiceNIC Supp??t.
9.3 The TLD-specific inf??mation above is provided f?? general reference only ? may change at any time based on registry policy, registry system changes, ?? operational requirements. Customers should contact NiceNIC Supp??t f?? current TLD-specific recovery inf??mation.
10. Fees ? ???ments
10.1 St?ard renewal fees, redemption fees, rest??ation fees, auction-related fees, ? any other applicable charges shall be those listed by NiceNIC at the time of processing ?? otherwise communicated by NiceNIC.
10.2 Redemption ?? rest??ation requires payment in full of all applicable fees bef??e processing.
10.3 ??? fees paid f?? expired-?????? recovery, rest??ation, ?? special processing are non-refundable once processing has begun, except w??? otherwise required by applicable law.
11. ?? Guarantee of Recovery ?? Availability
11.1 NiceNIC does not guarantee that any expired ?????? name can be renewed, rest??ed, retained, transferred, ?? re-????ed after expiration.
11.2 NiceNIC does not guarantee:
(a) that a ?????? name will remain in a grace period f?? any minimum time;
(b) that an expired ?????? name will not enter auction;
(c) that a ?????? name can be recovered after an active bid, pending ???, ?? completed sale;
(d) that the registry will supp??t rest??ation; ??
(e) the exact date ?? time when a deleted ?????? name will be released to the public.
11.3 You ack?????ledge that delayed action may result in additional fees, loss of recovery rights, interruption of ?????, auction sale, ?? permanent loss of the ?????? name.
12. Limitation of Responsibility
12.1 ? the maximum extent permitted by applicable law, NiceNIC shall not be liable f?? any loss of ?????? name, loss of use, interruption of website ?? email ?????, business interruption, lost profits, loss of data, ?? other direct ?? indirect damages arising from:
(a) ?????? expiration;
(b) failure to renew on time;
(c) failure to receive notices;
(d) registry rules ?? registry actions;
(e) auction placement ?? sale;
(f) failed rest??ation; ??
(g) release of the ?????? name to the public.
12.2 ??thing in this Policy limits any non-waivable rights that may apply under m?at??y law.
13. Changes to This Policy
13.1 NiceNIC may update ?? revise this Policy from time to time to reflect changes in registry rules, ICANN requirements, operational processes, legal requirements, ?? ????? arrangements.
13.2 The latest version published on NiceNIC’s website shall apply from its stated effective date, unless otherwise required by law ?? contract.
14. ??? ???
?? you need assistance regarding an expired ?????? name, renewal, redemption, ?? TLD-specific recovery options, please submit a supp??t ticket through ??? NiceNIC account ?? contact NiceNIC Supp??t through the official supp??t channels published on the NiceNIC website.
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This Agreement is made between you (???inafter referred to as “User”) ? NiceNIC.NET (???inafter referred to as “the Platf??m”). By using the Platf??m’s ??? ??w ?????? Sales ?????, you agree to be bound by the terms ? conditions set f??th ???in. ?? you do not agree, please do not proceed with any fixed-price ?????? ??? through the Platf??m.
The Platf??m offers fixed-price ?????? names (“??? ??w ????????”) f?? direct ???.
??? ??? ??w ???????? are sourced from pre-approved third-party ?????? providers.
Users may ??? these ??????s at the listed price. Once payment is completed ? the ?????? is successfully transferred, the ?????er will obtain ownership of the ??????.
The User selects a ?????? labeled as “??? ??w” ? proceeds to checkout.
Upon confirmation ? full payment, the Platf??m initiates the transfer ?? delivery process.
The typical delivery time ranges from 1 to 14 business days, depending on registry processing ? third-party provider operations.
??, f?? any reason, the selected ?????? becomes unavailable ?? undeliverable after ???, the Platf??m will issue a full refund to the user’s account balance.
Users have the right to ??? available ??? ??w ???????? through the Platf??m.
Users must ensure that all provided account ? payment inf??mation is accurate ? lawful.
Users shall not engage in malicious activity, technical disruption, ?? behavi?? that interferes with the n??mal functioning of the Platf??m.
Upon acquiring a ??????, the User agrees to comply with the applicable rules ? policies of the c??responding ?????? registry, including any legal ?? regulat??y obligations.
The Platf??m will provide ?????? transaction ?????s in acc??dance with this Agreement ? strive to protect user interests.
The Platf??m reserves the right to verify user identity, payment legitimacy, ? transaction authenticity.
The Platf??m retains the right to update, adjust, ?? remove ??? ??w ???????? from listing at its sole discretion ? without pri?? notice.
?? any fraudulent ?? abusive behavi?? is detected, the Platf??m reserves the right to suspend ?? terminate ?????s to the user.
The Platf??m does not make any guarantees regarding the future value, resale potential, ?? commercial use of any ?????? ???d.
The Platf??m is not liable f?? delays caused by registries, third-party providers, ?? external systems beyond its control.
The Platf??m shall not be held responsible f?? ????? interruptions, data loss, ?? failed transactions resulting from f??ce majeure events ?? uncontrollable technical issues, though reasonable eff??ts will be made to assist the User in resolving any such issues.
This Agreement shall be governed by ? construed in acc??dance with the laws of ???? ????.
Any dispute arising from the execution ?? perf??mance of this Agreement shall be resolved through amicable negotiation. ?? negotiation fails, either party may submit the dispute to the competent court located in the jurisdiction of the Platf??m’s headquarters.
This Agreement becomes effective upon the User’s submission of a ??? ??w ?????? ??der.
The Platf??m reserves the right to amend this Agreement at any time. ????? versions will be published on the Platf??m’s “??????” page ? shall take immediate effect. Continued use of the ????? constitutes acceptance of the revised terms.
This Unif??m ?? ?????? Dispute Resolution Policy (the "Policy") has been adopted by the Internet C??p??ation f?? Assigned ??s ? Numbers ("ICANN"), is inc??p??ated by reference into ??? ????? Agreement, ? sets f??th the terms ? conditions in connection with a dispute between you ? any party other than us (the registrar) over the registration ? use of an Internet ?????? name ????ed by you. Proceedings under Paragraph 4 of this Policy will be conducted acc??ding to the Rules f?? Unif??m ?? ?????? Dispute Resolution Policy (the "Rules of Procedure"), which are available ???, ? the selected administrative-dispute-resolution ????? provider's supplemental rules.
2. Your Representations
By applying to ???? a ?????? name, ?? by asking us to maintain ?? renew a ?????? name registration, you ???by represent ? warrant to us that (a) the statements that you made in ??? ????? Agreement are complete ? accurate; (b) to ??? k?????ledge, the registration of the ?????? name will not infringe upon ?? otherwise violate the rights of any third party; (c) you are not ????ing the ?????? name f?? an unlawful purpose; ? (d) you will not k?????ingly use the ?????? name in violation of any applicable laws ?? regulations. It is ??? responsibility to determine whether ??? ?????? name registration infringes ?? violates someone else's rights.
3. ???lations, Transfers, ? Changes
We will cancel, transfer ?? otherwise make changes to ?????? name registrations under the following circumstances:
1. subject to the provisions of Paragraph 8, our receipt of written ?? appropriate electronic instructions from you ?? ??? auth??ized agent to take such action;
2. our receipt of an ??der from a court ?? ar???ral tribunal, in each case of competent jurisdiction, requiring such action; ?/??
3. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party ? which was conducted under this Policy ?? a later version of this Policy adopted by ICANN. (See Paragraph 4(i) ? (k) below.)
4. We may also cancel, transfer ?? otherwise make changes to a ?????? name registration in acc??dance with the terms of ??? ????? Agreement ?? other legal requirements.
4. M?at??y Administrative Proceeding
This Paragraph sets f??th the type of disputes f?? which you are required to submit to a m?at??y administrative proceeding. These proceedings will be conducted bef??e one of the administrative-dispute-resolution ????? providers listed ??? (each, a "Provider").
1. Applicable Disputes. You are required to submit to a m?at??y administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
1. ??? ?????? name is identical ?? confusingly similar to a trademark ?? ????? mark in which the complainant has rights; ?
2. you have no rights ?? legitimate interests in respect of the ?????? name; ?
3. ??? ?????? name has been ????ed ? 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 ????? ? Use in ?? Faith. F?? the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration ? use of a ?????? name in bad faith:
1. circumstances indicating that you have ????ed ?? you have acquired the ?????? name primarily f?? the purpose of selling, renting, ?? otherwise transferring the ?????? name registration to the complainant who is the owner of the trademark ?? ????? mark ?? to a competit?? of that complainant, f?? valuable consideration in excess of ??? documented out-of-pocket costs directly related to the ?????? name; ??
2. you have ????ed the ?????? name in ??der to ?????ent the owner of the trademark ?? ????? mark from reflecting the mark in a c??responding ?????? name, provided that you have engaged in a pattern of such conduct; ??
3. you have ????ed the ?????? name primarily f?? the purpose of disrupting the business of a competit??; ??
4. by using the ?????? name, you have intentionally attempted to attract, f?? commercial gain, Internet users to ??? web site ?? other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, spons??ship, affiliation, ?? end??sement of ??? web site ?? location ?? of a product ?? ????? on ??? web site ?? location.
3. How to Demonstrate Your Rights to ? Legitimate Interests in the ?? ?????? in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how ??? 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 ??? rights ?? legitimate interests to the ?????? name f?? purposes of Paragraph 4(a)(ii):
1. bef??e any notice to you of the dispute, ??? use of, ?? demonstrable preparations to use, the ?????? name ?? a name c??responding to the ?????? name in connection with a bona fide offering of goods ?? ?????s; ??
2. you (as an individual, business, ?? other ??ganization) have been commonly k?????n by the ?????? name, even if you have acquired no trademark ?? ????? mark rights; ??
3. you are making a legitimate noncommercial ?? fair use of the ?????? name, without intent f?? commercial gain to misleadingly divert consumers ?? to tarnish the trademark ?? ????? 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 ? Process ? Appointment of Administrative Panel. The Rules of Procedure state the process f?? initiating ? conducting a proceeding ? f?? appointing the panel that will decide the dispute (the "Administrative Panel").
6. Consolidation. In the event of multiple disputes between you ? a complainant, either you ?? the complainant may petition to consolidate the disputes bef??e a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate bef??e it any ?? all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy ?? a later version of this Policy adopted by ICANN.
7. Fees. ??? fees charged by a Provider in connection with any dispute bef??e an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases w??? you elect to exp? 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 ? the complainant.
8. ???? Involvement in Administrative Proceedings. We do not, ? will not, participate in the administration ?? conduct of any proceeding bef??e an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
9. Remedies. The remedies available to a complainant pursuant to any proceeding bef??e an Administrative Panel shall be limited to requiring the cancellation of ??? ?????? name ?? the transfer of ??? ?????? name registration to the complainant.
10. ??tification ? Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a ?????? name you have ????ed with us. ??? decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact p??tions of its decision.
11. Availability of Court Proceedings. The m?at??y administrative proceeding requirements set f??th in Paragraph 4 shall not ?????ent either you ?? the complainant from submitting the dispute to a court of competent jurisdiction f?? independent resolution bef??e such m?at??y administrative proceeding is commenced ?? after such proceeding is concluded. ?? an Administrative Panel decides that ??? ?????? name registration should be canceled ?? transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are inf??med by the applicable Provider of the Administrative Panel's decision bef??e implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office ?? of ??? address as shown in our Whois database. See Paragraphs 1 ? 3(b)(xiii) of the Rules of Procedure f?? details.) ?? we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, ? we will take no further action, until we receive (i) evidence satisfact??y to us of a resolution between the parties; (ii) evidence satisfact??y to us that ??? lawsuit has been dismissed ?? withdrawn; ?? (iii) a copy of an ??der from such court dismissing ??? lawsuit ?? ??dering that you do not have the right to continue to use ??? ?????? name.
5. ??? other disputes ? litigation
??? other disputes between you ? any party other than us regarding ??? ?????? name registration that are not brought pursuant to the m?at??y administrative proceeding provisions of Paragraph 4 shall be resolved between you ? such other party through any court, ar???ration ?? other proceeding that may be available.
6. ???? involvement in disputes
We will not participate in any way in any dispute between you ? any party other than us regarding the registration ? use of ??? ?????? name. You shall not name us as a party ?? otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any ? all defenses deemed appropriate, ? to take any other action necessary to defend ourselves.
7. Maintaining status quo
We will not cancel, transfer, activate, deactivate, ?? otherwise change the status of any ?????? name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers during a dispute
Transfers of a ?? ?????? to a ??? Holder
You may not transfer ??? ?????? name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 ?? f?? a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; ?? (ii) during a pending court proceeding ?? ar???ration commenced regarding ??? ?????? name unless the party to whom the ?????? name registration is being transferred agrees, in writing, to be bound by the decision of the court ?? ar???rat??. We reserve the right to cancel any transfer of a ?????? name registration to another holder that is made in violation of this subparagraph.
Changing ???s
You may not transfer ??? ?????? name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 ?? f?? a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of ??? ?????? name registration to another registrar during a pending court action ?? ar???ration, provided that the ?????? name you have ????ed with us shall continue to be subject to the proceedings commenced against you in acc??dance with the terms of this Policy. In the event that you transfer a ?????? name registration to us during the pendency of a court action ?? ar???ration, such dispute shall remain subject to the ?????? name dispute policy of the registrar from which the ?????? name registration was transferred.
9. Policy modifications
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at this location at least thirty (30) calendar days bef??e it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any ?????? name registration dispute, whether the dispute arose bef??e, on ?? after the effective date of our change. In the event that you object to a change in this Policy, ??? sole remedy is to cancel ??? ?????? 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 ??? ?????? name registration.
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1. Overview
These terms of use ("AI ?????s of Use") govern ??? use of any AI products, features, ?????s ?/?? tools offered by NiceNIC.NET.
2. Content
1) Your Content. You may provide input to the AI Services ("Input") ? receive output from the AI Services based on the Input ("Output"). Input ? Output are collectively "Content". You are responsible f?? Content, including ensuring that it does not violate any applicable law ?? these AI ?????s of Use. We own all rights, title, ? interest in ? to the services that we provided.
2) As between you ? NiceNIC.NET, ? to the extent permitted by applicable law, you (a) retain ??? ownership rights in Input ? (b) own the Output. We ???by assign to you all our right, title, ? interest, if any, in ? to Output. You represent ? warrant that you have all rights, licenses, ? permissions needed to provide Input to our AI Services.
3) We may use Content to provide, maintain, develop, ? improve our Services, comply with applicable law, enf??ce our terms ? policies, to market ? advertise our Services ? keep our Services safe.
4) Use of our AI Services may, in some situations, result in Output that does not accurately reflect real people, places, ?? facts. Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth ?? factual inf??mation, ?? as a substitute f?? professional advice.
5) NiceNIC.NET also does not review the Content f?? accuracy, bias ?? intellectual property rights clearance. NiceNIC.NET makes no representation, warranty ?? guarantee as to the accuracy ?? reliability of the AI Services ?? whether the Output may infringe on third-party intellectual property rights.
6) By using the AI Services, you underst? ? agree:
A. Output may not always be accurate. You should not rely on Output from our AI Services as a sole source of truth ?? factual inf??mation, ?? as a substitute f?? professional advice.
B. You must evaluate Output f?? accuracy ? appropriateness f?? ??? use case, including using human review as appropriate, bef??e using ?? sharing Output from the AI Services.
C. You must not use any Output relating to a person f?? any purpose that could have a legal ?? material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, ?? other imp??tant decisions about them.
D. ???? AI Services may provide incomplete, inc??rect, ?? offensive Output that does not represent NiceNIC.NET’s views. ?? Output references any third party products ?? ?????s, it doesn’t mean the third party end??ses ?? is affiliated with NiceNIC.NET.
7) Outputs may not be unique across users ? the AI Services may generate the same ?? similar Outputs f?? other users.
8) NiceNIC.NET may use technology provided by third-party ????? providers to provide AI Services. ??twithst?ing anything to the contrary contained ???in, you auth??ize NiceNIC.NET ? such third-party ????? providers to st??e ? use ??? Input f?? the purposes of providing you with the AI Services, to review Inputs ? Outputs f?? abuse ?? misuse, ? to develop ? improve the ?????s ? products of NiceNIC.NET ? such ????? providers, including as part of the design, training ? development process f?? machine learning models.
3. ?????ination ? Suspension
?????ination. We reserve the right to suspend ?? terminate ??? access to our AI Services ?? delete ??? account if we determine:
1) You breached these AI ?????s of Use.
2) We must do so to comply with the law.
3) Your use of our Services could cause risk ?? harm to NiceNIC.NET, our users, ?? anyone else.
4. Disclaimers
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OUTPUTS OF THE AI SERVICES HAVE NOT BEEN REVIEWED F?? ACCURACY, BIAS, EXPLAINABILITY ?? IN?????LECTUAL PROPERTY RIGHTS CLEARANCE. NiceNIC.NET MAKES NO REPRESENTATION, WARRANTY ?? GUARANTEE AS TO THE ACCURACY, RELIABILITY, ?? ERR??-FREE PERF??MANCE OF THE AI SERVICES, INCLUDING (WITHOUT LIMITATION) WHETHER OUTPUTS MAY INFRINGE, MISAPPROPRIATE ?? VIOLATE ANY THIRD-PARTY IN?????LECTUAL PROPERTY RIGHTS.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR AI SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH ?? FACTUAL INF??MATION, ?? AS A SUBSTITUTE F?? PROFESSIONAL ADVICE.
YOU SHOULD SEEK INDEPENDENT PROFESSIONAL ADVICE BEF??E YOU RELY ON ANY OUTPUT GENERATED BY THE AI SERVICES.
5. Limitation on Liability
IN NO EVENT SHALL NiceNIC.NET, ITS OFFICERS, DIRECT??S, EMPLOYEES, AGENTS, ?? ANY THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU ?? ANY OTHER PERSON ?? ENTITY F?? ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, ?? CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM ANY OUTPUTS CREATED USING THE AI SERVICES.
THE F??EGOING LIMITATION OF LIABILITY SHALL SURVIVE ANY TERMINATION ?? EXPIRATION OF THIS AGREEMENT ?? YOUR USE OF THIS SITE, THE AI SERVICES ?? ANY OTHER SERVICES FOUND AT THIS SITE.
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In the event that a Transfer ??? ??? listed in the Whois has not confirmed their request to transfer with the ??? of Rec??d ? the ??? of Rec??d has not explicitly denied the transfer request, the default action will be that the ??? of Rec??d must allow the transfer to proceed.
Upon denying a transfer request f?? any of the following reasons, the ??? of Rec??d must provide the ????ed ?? Holder ? the potential Gaining ??? with the reason f?? denial. The ??? of Rec??d may deny a transfer request only in the following specific instances:
YOU AGREE THAT WE WILL NOT BE LIABLE F?? ANY (1) SUSPENSION ?? L????? ?????S OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES ?? INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS ?? ACCESS INTERRUPTIONS TO OUR SITE ?? SERVICES ?? DELAYS ?? ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) L????? ?????S ?? LIABILITY RESULTING FROM ACTS OF ?? EVENTS BEYOND OUR CONTROL INCLUDING , BUT NOT LIMITED TO ANY ERR??S ?? TECHNICAL ISSUES OF ANY DOMAIN NAME REGISTRY ?? OTHER THIRD PARTY PROVIDER, (6) DATA NON-DELIVERY, MIS-DELIVERY, C??RUPTION, DESTRUCTION ?? OTHER MODIFICATION; (7) ?? L????? ?????S ?? LIABILITY RESULTING FROM THE UNAUTH??IZED USE ?? MISUSE OF YOUR ACCOUNT IDENTIFIER ?? PASSW??D.
YOU ALSO AGREE THAT WE WILL NOT BE LIABLE F?? ANY INDIRECT, SPECIAL, INCIDENTAL, ?? CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING L????? ?????T PROFITS) ?? F?? ANY FINANCIAL ?? ECONOMIC L????? ?????S ?? F?? L????? ?????S OF PROFITS, L????? ?????S OF BUSINESS, DEPLETION OF GOODWILL ?? SIMILAR L????? ?????SES, L????? ?????S OF ANTICIPATED SAVINGS ?? L????? ?????S ?? C??RUPTION OF DATA ?? INF??MATION, REGARDLESS OF THE F??M OF ACTION WHETHER IN CONTRACT, T??T (INCLUDING NEGLIGENCE), ?? OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE P????? ?????SIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU F?? THE USE OF THE SERVICES, BUT IN NO EVENT GREATER THAN THE AMOUNT F?? THE PRI?? 1 MONTH OF SERVICES PAID F?? UNDER THIS AGREEMENT.
24. General
You may not assign any of ??? rights ?? privileges, ?? delegate any of ??? duties ?? obligations ???under, in whole ?? in part, by operation of law ?? otherwise, to any third party without our pri?? written consent. We may at any time assign, transfer, charge, sub-contract this Agreement. This Agreement shall be binding upon ? inure to the benefit of the parties ???to ? their respective permitted success??s ? assigns.
NiceNIC.NET reserves the right, in its sole ? absolute discretion, to change ?? modify this Agreement, ? any policies ?? agreements which are inc??p??ated ???in, at any time ? without notice. Any such changes ?? modification shall be effective immediately upon posting to the Site. ?? you do not agree to be bound by this Agreement as last revised as indicated by the "Last Revised" date located at the bottom of this Agreement, do not use ?? continue to use the Services. You agree that ??? exclusive remedy is to transfer ??? Services to another registrar ?? request us to terminate ??? Services under this Agreement. NiceNIC.NET may occasionally notify you of changes ?? modifications to this Agreement ?? the Services by email so it is very imp??tant that you keep ??? account inf??mation current ? up to date. NiceNIC.NET is not responsible ? assumes no liability f?? ??? failure to receive an email notification if such failure results from inaccurate ?? out-dated account inf??mation.
This Agreement constitutes the entire agreement between the parties concerning the subject matter ???in ? supersedes all pri?? underst?ings ? agreements between the parties, whether written ?? ??al, regarding the subject matter ???in. Any of the provisions of this Agreement which are determined to be invalid ?? unenf??ceable in any jurisdiction shall be ineffective to the extent of such invalidity ?? unenf??ceability in such jurisdiction, without rendering invalid ?? unenf??ceable the remaining provisions ???of ?? affecting the validity ?? unenf??ceability of any of the terms of this Agreement in any other jurisdiction. A waiver by either party of a breach ?? violation of any provision of this Agreement will not constitute ?? be construed as a waiver of any subsequent breach ?? violation of that provision ?? as a waiver of any breach ?? violation of any other provision of this Agreement. The headings contained in this Agreement are f?? convenience only ? shall not affect meaning ?? interpretation of this Agreement.
25. ??tices
You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in acc??dance with the Account ?/?? WHOIS inf??mation you have provided.
26. Governing Law
This Agreement ? its subject matter shall be governed in acc??dance with the laws of ???? ???? ? subject to the exclusive jurisdiction of the ???? ???? courts without regard to conflict of laws ? principles contained t???in with the exception of disputes related to this Agreement which fall under UDRP, URS, ?? similar dispute resolution process as defined by various Registry policies inc??p??ated ?? made reference to ???in.
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1.3 The Registrant ack?????ledges ? agrees that the ??? shall monit?? the status of ???? ?????? ????ed through the ??? ? shall, at its own initiative ?? on receipt of complaint, conduct checks to verify whether a ?? ?????? is being used in connection with phishing ?? "spam" advertising. The ??? shall delete ?? suspend a ?? ?????? if so directed by HKIRC. HKIRC may issue such a direction on receipt of any notice from any government ?? law enf??cement auth??ity (including without limitation the ???? ???? Police F??ce ?? the Office of ?????ecommunications Auth??ity) that the use of the ?? ?????? is in breach of any laws, directives, guidelines, codes of practice ?? regulations issued by such local auth??ities, ?? if, in HKIRC's reasonable belief, the continuation of registration of the ?? ?????? ?? the operation of web site referenced by the ?? ?????? is likely to damage ?? adversely affect the goodwill, reputation ? operation of HKIRC ?? the ?????? name industry in ???? ????, ?? may expose HKIRC to risks of third party claims ?? civil ?? criminal prosecution.
F?? m??e inf??mation about .HK ?????? registration, please refer to the latest version of HKIRC ????? Policies https://www.hkirc.hk/upload/page/38/pdf_1/5e6b172e68b29.pdf
5.2 Any decision made by an ar???ration panel duly appointed by a dispute resolution ????? provider shall be final ? binding on the Registrant ? 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 ? non-statut??y c??p??ation designated by the Hong-Kong Government to administer the registration of Internet ?????? names under .hk ? .香港 country-code top level ??????s. F?? any comments ?? complaints against NICENIC INTERNATIONAL GROUP CO., LTD regarding its accreditation’s compliance, please find ??? useful inf??mation: HKIRC Dispute Resolution Policies - https://www.hkirc.hk/en/our_supp??t/??????_dispute_policies_?_procedures/??????_name_dispute_resolution_policies/; HKIRC DNDRP Rules of Procedure - https://www.hkirc.hk/en/our_supp??t/??????_dispute_policies_?_procedures/rules_of_procedures/; ?? ?????? address: info@hkirc.hk.
6 REGISTRANT WARRANTIES
The Registrant ack?????ledges that the ??? ? HKIRC rely on all representations made ? warranties given by the Registrant in determining if the application f?? a ?? ?????? should be approved.
F?? m??e inf??mation about "Acceptable Use Policy", please refer to https://www.hkirc.hk/??????_policies/EN_??????_??_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. ??w that you have met the requirements of ICANN, our team is looking f??ward to assisting you in completing the Verisign certification process so you can quickly begin ????ing .com ? .net ?????? names. We hope this supp??t will prove to be helpful in reducing the investment of ??? internal resources ? time."
PIR:
"ICANN has inf??med .ORG, managed by the Public Interest Registry (PIR) that you have recently completed ??? ICANN accreditation to become a registrar ? wish to partner with us by becoming an .ORG accredited registrar."
?????nic:
"We received notification from ICANN that you have added the .tel appendix to ??? agreement with them. T??? hasn't been a better time to become involved with .tel ??????s ? we are pleased to assist you in becoming accredited as a participating .tel registrar."
ICM:
"Congrats on ??? recent ICANN ?????..."
Neustar:
"We have been notified that ??? company is ????? ICANN-accredited as a .BIZ registrar. Neustar looks f??ward to getting ??? company up ? running as soon as possible!"
??? registries will be notified by ICANN f?? the c??responding ?????? names signed in the RAA in the ??? days, we NiceNIC have been staying f?? the disposal of sign-up/accreditation process, striving to save time ? expedite each step if possible. The concerned technical staffs have been arranged to re-set the product prices to a m??e competitive level. ?????ed inf??mation will come out when available.
Flying with the strong momentum, our English version website NiceNIC.NETwas launched with her unique style of "Keep Internet Simple Stupid" (acronym "KISS"), ? dedicated to offer clients easy to navigate, fast to locate ?????s in ?????? name registration, web hosting ???, 1 to 1 customer supp??t.
St?ing at the peak of internet infrastruture, we firstly need to appreciate every client, ? every website viewer who ever stayed ???, without ??? persistant supp??t ? comprehension, we are nothing, hope 2012 will bring you ? ??? family lucky, happy, healthy life.
http://www.icann.org/registrar-rep??ts/accreditation-qualified-list.html
http://www.icann.org/registrar-rep??ts/accredited-list.html
http://www.internic.com/alpha.html
| ZhuHai NaiSiNiKe Inf??mation Technology Co Ltd. | 2009 | China | .asia .biz .com .info .mobi .name .net .org .tel .xxx |
??? the best,
NiceNIC.NET Team
ZhuHai NaiSiNiKe Inf??mation Technology Co., Ltd.
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1. Definitions
1.1 Dispute Resolution Panel
The Dispute Resolution Panel shall mean an administrative panel appointed by a Dispute Resolution Provider ("Provider") to decide a Request f?? Enf??cement concerning a dispute under this Dispute Resolution Policy.
1.2 Dispute Resolution Provider
1.3 The Dispute Resolution Provider must be an independent ? neutral third party that is neither associated n?? affiliated with either ??? involved in the dispute ?? the Registry Operat?? under which the disputed ?????? name is ????ed. ICANN shall have the auth??ity to accredit one ?? m??e independent ? neutral Dispute Resolution Providers acc??ding to criteria developed in acc??dance with this Dispute Resolution Policy.
1.4 FOA
F??m of Auth??ization - The st?ardized f??m of consent that the Gaining ??? ? ??? of Rec??d are required to use to obtain auth??ization from the Registrant ?? Administrative ??? ??? in ??der to properly process the transfer of ?????? name spons??ship from one ??? to another.
1.5 Gaining ???
The ??? that submitted to the Registry the request f?? the transfer of a ?????? spons??ship from the ??? of Rec??d.
1.6 ??? of Rec??d
The ??? of Rec??d f?? a ?????? name f?? which the Registry received a transfer of spons??ship request.
1.7 Registrant
The Registrant is the individual ?? ??ganization that ????s a specific ?????? name. This individual ?? ??ganization holds the right to use that specific ?????? name f?? a specified period of time, provided certain conditions are met ? the registration fees are paid. This person ?? ??ganization is the "legal entity" bound by the terms of the relevant ????? agreement with the Registry operat?? f?? the TLD in question.
1.8 Registry (Registry Operat??)
The ??ganization auth??ized by ICANN to provide registration ?????s f?? a given TLD to ICANN-accredited ???s.
1.9 Supplemental Rules
The Supplemental Rules shall mean those rules adopted by the Registry Operat??, in the case of First ??? disputes (as set f??th below), ?? the Provider administering a proceeding (in the case of all other disputes) to supplement this Policy. Supplemental Rules shall be consistent with this Dispute Resolution Policy ? shall cover topics such as fees, w??d ? page limits ? guidelines, the means f?? communicating with the Provider, ? the f??m of cover sheets.
1.10 Transfer Policy
The Policy on Transfer of Spons??ship of ?????s between ???s which is in f??ce as part of the Registry-??? Agreement executed between a ??? ? the Registry, as well as the ??? ????? Agreement which is executed between ICANN ? all ICANN- accredited registrars.
2. Dispute Resolution Process
T??? are two possible steps to the ??? Transfer Dispute Resolution Process. A ??? may elect one ?? both of the steps pursuant to the rules below. In the event a ??? either files a Request f?? Enf??cement (as described below) with a Second-??? Dispute Provider, ?? files an Appeal (as described below) with a Dispute Provider, it may not revert to the First-??? Registry option later f?? the same filing ?? matter presented f?? resolution.
2.1 First ??? - Registry Operat??
A ??? may choose to file a dispute directly with the relevant Registry Operat??. Any decisions made by the Registry Operat?? may be appealed to a Dispute Resolution Provider. A ??? may file a dispute directly to a Dispute Resolution Provider; however, in that case the filing ??? would f??feit any right to appeal the decision of the Dispute Resolution Provider.
2.2 Second-??? - Dispute Resolution Panel
The primary intent of this step is to provide a means f?? registrars to appeal decisions made by the Registry at the first level of the dispute resolution process, but it may also be used as the first step if a registrar so elects. The decision of the Dispute Resolution Panel is final, except as it may be appealed to a court of competent jurisdiction.
2.3 Statute of Limitations
A dispute must be filed no later than six (6) months after the alleged violation of the Transfer Policy. In the case w??? a ??? of Rec??d alleges that a transfer was in violation of this Policy, the date the transfer was completed shall be deemed the date in which the "alleged violation" took place. In the case w??? a Gaining ??? 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 ??? (Registry)
3.1 ??? files a Request f?? Enf??cement with the applicable Registry Operat??
3.1.1 Either the Gaining ?? ??? of Rec??d ("Filing ???") may submit a Request f?? Enf??cement. This must be done in acc??dance with the Supplemental Rules adopted by the applicable Registry Operat??.
3.1.2 The Request f?? Enf??cement shall be submitted to the Registry ? to the Respondent (the ??n-filing ???) in electronic f??m ? shall:
(i) Request that the Request f?? Enf??cement be submitted f?? decision in acc??dance with the ??? Transfer ? Dispute Resolution Policy ? the applicable Supplemental Rules;
(ii) Provide the name, postal ? e-mail addresses, ? the telephone ? fax numbers of the Filing ??? ? those representatives auth??ized by the Filing ??? to act on behalf of the Filing ??? in the administrative proceeding;
(iii) Provide the name of the Respondent ? all inf??mation (including any postal ? e-mail addresses ? telephone ? fax numbers) k?????n to Filing ??? regarding how to contact Respondent ?? any representative of Respondent, including contact inf??mation based on pre-complaint dealings;
(iv) Specify the ?????? name(s) that is/are the subject of the Request f?? Enf??cement;
(v) Specify the incident(s) that gave rise to the dispute;
(vi) Describe, in acc??dance with the Policy, the grounds on which the Request f?? Enf??cement is based;
(vii) State the specific remedy being sought (either approval ?? denial of the transfer);
(viii) Identify any other legal proceedings that have been commenced ?? terminated in connection with ?? relating to any of the ?????? name(s) that are the subject of the complaint;
(ix) Certify that a copy of the Request f?? Enf??cement, together with the cover sheet as prescribed by the Provider's Supplemental Rules, has been sent ?? transmitted to the Respondent; ?
(x) Conclude with the following statement followed by the signature of the Complainant ?? its auth??ized representative:
"<insert name of Filing ???> agrees that its claims ? remedies concerning the registration of the ?????? name, the dispute, ?? the dispute's resolution shall be solely against the Respondent ? waives all such claims ? remedies against the Registry Operat?? as well as its direct??s, officers, employees, ? agents, except in the case of deliberate wrongdoing ?? gross negligence."
"<insert name of Filing ???> certifies that the inf??mation contained in this Request f?? Enf??cement is to the best of Filing ???'s k?????ledge complete ? accurate, that this Request f?? Enf??cement is not being presented f?? any improper purpose, such as to harass, ? that the assertions in this Request f?? Enf??cement are warranted under this Policy ? under applicable law, as it ????? exists ?? as it may be extended by a good-faith ? reasonable argument."3.1.3 The Request f?? Enf??cement may relate to m??e than one ?????? name, provided that the ?????? names involve the same Filing ??? ? Respondent ? that the claims arise out of the same ?? similar factual circumstances.
3.1.4 The Request f?? Enf??cement shall annex the following documentary evidence (as applicable ? available) in electronic f??m if possible, together with a schedule indexing such evidence:
(i) F?? the Gaining ???:
a. Completed F??m of Auth??ization ("FOA")
b. Copy of the Whois output f?? the date transfer was initiated, which was used to identify the auth??ized Transfer ??? ???s
c. Copy of evidence of identity used
d. Copy of a bilateral agreement, final determination of a dispute resolution body ?? court ??der in cases when the Registrant of Rec??d is being changed simultaneously with a ??? Transfer
e. Copies of all communications made to the ??? of Rec??d with regard to the applicable transfer request along with any responses from the ??? of Rec??d
(ii) F?? the ??? of Rec??d:
a. Completed FOA from ??? of Rec??d if applicable
b. Copy of the Whois output f?? the date the transfer was initiated
c. Relevant hist??y of Whois modifications made to the applicable registration
d. Evidence of one of the following if a transfer was denied:
e. Copies of all communications made to the Gaining ??? with regard to the applicable transfer request along with any responses from the Gaining ???.
3.2 The ??n-Filing ??? ("Respondent") shall have seven (7) calendar days from receipt of the Request f?? Enf??cement to prepare a Response to the Request f?? Enf??cement ("Response").
3.2.1 The Response shall be submitted in electronic f??m to both the Registry ? Filing ??? ? shall:
(i) Respond specifically to the statements ? allegations contained in the Request f?? Enf??cement (This p??tion of the response shall comply with any w??d ?? page limit set f??th in the Dispute Resolution Provider's Supplemental Rules.);
(ii) Provide the name, postal ? e-mail addresses, ? the telephone ? fax numbers of the Respondent (non-filing ???);
(iii) Identify any other legal proceedings that have been commenced ?? terminated in connection with ?? relating to any of the ?????? name(s) that are the subject of the Request f?? Enf??cement;
(iv) State that a copy of the Response has been sent ?? transmitted to the Filing ???;
(v) Conclude with the following statement followed by the signature of the Respondent ?? its auth??ized representative:
"Respondent certifies that the inf??mation contained in this Response is to the best of Respondent's k?????ledge complete ? accurate, that this Response is not being presented f?? any improper purpose, such as to harass, ? that the assertions in this Response are warranted under these Rules ? under applicable law, as it ????? exists ?? as it may be extended by a good-faith ? reasonable argument."; ?
(vi) Annex any documentary ?? other evidence upon which the Respondent relies, together with a schedule indexing such documents.
3.2.2 ? the request of the Respondent, the Registry Operat?? may, in exceptional cases, extend the period of time f?? the filing of the response, but in no case may the extension be m??e than an additional five (5) calendar days. The period may also be extended by written stipulation between the Parties, provided the stipulation is approved by the Registry Operat??.
3.2.3 ?? a Respondent does not submit a response, in the absence of exceptional circumstances, the Registry Operat?? shall decide the dispute based upon the Request f?? Enf??cement.
3.3 Registry Operat?? must review all applicable documentation ? compare registrant/contact data with that contained within the auth??itative Whois database ? reach a conclusion not later than 14 days after receipt of the Response.
3.3.1 ?? the data included in the Request f?? Enf??cement does not match the data listed in the auth??itative Whois, the Registry Operat?? must contact each ??? ? require additional documentation.
3.3.2 ?? the Gaining ??? cannot provide a complete FOA with data matching that contained within the auth??itative Whois database, then the Registry Operat?? shall find that the transfer should be reversed. In the case of a thick Registry, if the ??? of Rec??d's Whois is not accessible ?? invalid, the Registry Operat??'s Whois should be used. In the case of a thin Registry, if the ??? of Rec??d's Whois is not accessible ?? is invalid, the Registry Operat?? must notify ICANN ? place the dispute on hold until such time as the specific problem is resolved by ICANN.
3.3.3 In the case w??? a ??? of Rec??d denies a request f?? a ?????? name transfer ("NACKs"), the ??? of Rec??d must provide evidence of one of the fact??s f?? which it is allowed to NACK. ?? the ??? of Rec??d cannot provide evidence that demonstrates any of the fact??s, ? the Gaining ??? provides to the Registry a complete FOA with data matching that contained within the auth??itative Whois database, then the transfer must be approved to be processed.
3.3.4 ?? the data provided by neither ??? appears to be conclusive, then the Registry shall issue a finding of "no decision." ?? the data provided to the Registry is complete ? provides sufficient basis f?? a determination based on the Policy, the Registry may not issue a finding of "no decision." Either ??? shall be able to appeal such issue to a Second-??? Dispute Resolution Provider in acc??dance with the provisions set f??th below.
3.4 Fees f?? First-??? Dispute Resolution Service
3.4.1 T??? is no filing fee assessed to the Filing ??? at the time the Request f?? Enf??cement is submitted to the Registry Operat??.
3.4.2 The ??? that does not ?????ail in the dispute will be assessed a fee to be set by the Registry Operat??. Such fee shall be set f??th in the Registry's Supplemental Rules that are in effect at the time that the Request f?? Enf??cement was filed.
3.4.3 This fee shall not be passed on to the Registrant.
3.4.4 This fee will be charged after a final decision is rendered by the Registry. In the case that the Registry issues a finding of "no decision," the Registry Operat?? shall collect the applicable fees from the Filing ???.
3.5 Availability of Court Proceedings
The procedures set f??th above shall not ?????ent a ??? from submitting a dispute to a court of competent jurisdiction f?? independent resolution bef??e such an administrative proceeding is commenced ?? after such proceeding is concluded. ?? a Registry Operat?? decides a ?????? name registration should be transferred (either to the Gaining ???, ?? alternatively, back from the Gaining ??? to the ??? of Rec??d), the Registry will wait fourteen (14) calendar days after it is inf??med of the decision bef??e implementing that decision. The Registry will then implement the decision unless it has received during that fourteen (14) calendar day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that a lawsuit has commenced with respect to the impacted ?????? name(s). ?? such documentation is received by the Registry Operat?? within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented to the Registry Operat?? that the parties have resolved such dispute; (ii) evidence is presented to the Registry Operat?? that the lawsuit has been dismissed ?? withdrawn; ?? (iii) the Registry Operat?? receives a copy of an ??der from such court.
4. Dispute Procedures at the Second ??? with a Dispute Resolution Provider
4.1 The ?????s of the Dispute Resolution Panel may be invoked in any of the following two situations:
(i) A Filing ??? may elect to skip the First-??? dispute process at Registry level ? submit a Request f?? Enf??cement directly with a Dispute Resolution Provider;
(ii) The non-?????ailing ??? in a First-??? dispute proceeding may submit an appeal of the applicable Registry Operat??'s decision to the Dispute Resolution Provider. ????itionally, in the case w??? the result in the First-??? dispute process is a "no-decision," either ??? may file an Appeal of such decision to a Dispute Resolution Provider.
4.2 Initial Request f?? Enf??cement
4.2.1 In the event that the Filing ??? elects to submit a Request f?? Enf??cement to the Dispute Resolution Provider in lieu of submitting a Request f?? Enf??cement to the applicable Registry Operat??, the obligations ? responsibilities set f??th in Sections 3.1 through 3.2 above shall apply.
4.2.2 The Dispute Resolution Panel appointed by the Dispute Resolution Provider must review all applicable documentation ? compare registrant/contact data with that contained within the auth??itative Whois database ? reach a conclusion not later than thirty (30) days after receipt of Response from the Respondent.
(i) ?? the data does not match the data listed in auth??itative Whois, the Dispute Resolution Panel should contact each ??? ? require additional documentation.
(ii) ?? the Gaining ??? is unable to provide a complete FOA with data matching that contained within the auth??itative Whois database at the time of the transfer request, then the Dispute Resolution Panel shall find that the transfer should be reversed. In the case of a thick Registry, if the ??? of Rec??d's Whois is not accessible ?? invalid, the applicable Registry Operat??'s Whois should be used. In the case of a thin Registry, if the ??? of Rec??d's Whois is not accessible ?? is invalid, the Dispute Resolution Provider may place the dispute on hold until such time as the problem is resolved.
(iii) In the case w??? a ??? of Rec??d NACKs a transfer, the ??? of Rec??d must provide evidence of one of the fact??s f?? which it is allowed to NACK as set f??th in Section 3.1.4 (ii) of this Dispute Resolution Policy. ?? the ??? of Rec??d cannot provide evidence that demonstrates any of the fact??s, ? the Gaining ??? provides to the Dispute Resolution Provider a complete FOA with data matching that contained within the auth??itative Whois database at the time of the transfer request, then the transfer should be approved.
(iv) Unlike under the First-??? 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 ? determine, based on a preponderance of the evidence, which ??? should ?????ail in the dispute ? what resolution to the Request f?? Enf??cement will appropriately redress the issues set f??th in the Request f?? Enf??cement.
(v) Resolution options f?? the Dispute Resolution Panel are limited to the following:
a. Approve Transfer
b. Deny the Transfer (?? ??dering the ?????? name be returned to the ??? of Rec??d in cases w??? a Transfer has already occurred)
4.3 Appeal of First ??? Dispute Decision ?? Registry Operat?? Finding of "??-Decision."
4.3.1 In the event that the ??? which does not ?????ail in the First-??? dispute is dissatisfied by the Registry-Operat??'s decision, such ??? 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-??? decision was issued.
4.3.2 In the event that the Registry Operat?? issues a finding of "no-decision" in acc??dance with Section 3.3.4 above, either ??? 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-??? decision was issued.
4.3.3 In either case, the document submitted by the ??? to the Dispute Resolution Provider shall be referred to as an "Appeal."
4.3.4 The Appellant shall submit the Appeal in electronic f??m ? shall:
(i) Request that the Appeal be submitted f?? decision in acc??dance with the Policy ? these Rules;
(ii) Provide the name, postal ? e-mail addresses, ? the telephone ? telefax numbers of the Appellant ? of any representative auth??ized by the Appellant to act on behalf of the Appellant in the administrative proceeding;
(iii) Provide the name of the Appellee ? all inf??mation (including any postal ? e-mail addresses ? telephone ? telefax numbers) k?????n to Appellee regarding how to contact Appellee ?? any representative of Appellee, including contact inf??mation based on pre-Request f?? Enf??cement ? pre-Appeal dealings;
(iv) Specify the ?????? name(s) that is/are the subject of the Appeal;
(v) Specify the incident(s) which gave rise to the dispute;
(vi) State the basis f?? such appeal, including specific responses to the findings of the Registry Operat?? in the First-??? Dispute process. (This p??tion of the response shall comply with any w??d ?? page limit set f??th in the Dispute Resolution Provider's Supplemental Rules);
(vii) Specify, in acc??dance with the Policy, the remedies sought;
(viii) Identify any other related legal proceedings k?????n to the Appellant that have been commenced ?? terminated in connection with ?? relating to any of the ?????? name(s) that are the subject of the complaint;
(ix) State that a copy of the Appeal, together with the cover sheet as prescribed by the Dispute Resolution Provider's Supplemental Rules, has been sent ?? transmitted to the Appellee; ?
(x) Conclude with the following statement followed by the signature of the Appellant ?? its auth??ized representative:
"Appellant agrees that its claims ? remedies concerning the registration of the ?????? name, the dispute, ?? the dispute's resolution shall be solely against the Appellee ? waives all such claims ? remedies against the Dispute Resolution Provider ? the Registry Operat?? as well as their direct??s, officers, employees, ? agents, except in the case of deliberate wrongdoing ?? gross negligence."
"Appellant certifies that the inf??mation contained in this Appeal is to the best of Appellant's k?????ledge complete ? accurate, that this Appeal is not being presented f?? any improper purpose, such as to harass, ? that the assertions in this Appeal are warranted under this Policy ? under applicable law, as it ????? exists ?? as it may be extended by a good-faith ? reasonable argument."
4.3.5 The Appeal may relate to m??e than one ?????? name, provided that the ?????? names involve the same decision issued by the Registry Operat?? f?? the First-??? Dispute.4.3.6 The Appeal shall annex any documentary evidence that was not already submitted to the Registry Operat?? during the First-??? Dispute.
4.3.7 A Dispute Resolution Provider must request all documentation relating to the First-??? Dispute from the applicable Registry Operat?? no later than seven (7) calendar days of receipt of the appeal. The Registry Operat?? shall submit such documentation to the Dispute Resolution Provider within seven (7) days of such request.
4.3.8 The Dispute Resolution Panel must review all applicable documentation ? reach a conclusion not later than 30 calendar days after receipt of the Appeal.
(i) The Dispute Resolution Panel may submit questions to the Registry, the Appellant ?? Appellee.
(ii) Responses to all such questions must be received by the Dispute Resolution Panel within 7 days.
(iii) The Dispute Resolution Panel shall review each Appeal on a De ??vo basis. Although the Dispute Resolution Panel is not bound by the findings of the Registry Operat?? in an Appeal, it shall have the discretion to consider such findings in reaching its own conclusions. The purpose of the Dispute Resolution Panel should be to make a determination as to whether the Appeal has merit based solely on the requirements of the current Transfer policy ? determine the appropriate resolution to the issues presented.
4.4 Fees f?? Second-??? Dispute Resolution Service
4.4.1 In the case of either a Request f?? Enf??cement ?? an Appeal filed at the Second ???, the applicable Dispute Resolution Provider shall determine the applicable filing fee ("Filing Fee"). The specific fees along with the terms ? 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 ??? ?? Appellant, whichever applicable, does not ?????ail in a Second-??? dispute, the Filing Fees shall be retained by the Dispute Resolution Provider.
4.4.3 In the event that the Filing ??? ?? Appellant, whichever applicable, ?????ails in a Second-??? dispute, the Respondent ?? Appellee, whichever applicable, must submit to the Dispute Resolution Provider, the Filing Fees within fourteen (14) calendar days after such decision. In such an event, the Dispute Resolution Provider shall refund to the Filing ??? ?? Appellant, whichever applicable, the Filing Fees, no later than fourteen (14) calendar days after it receives the Filing Fees from the Respondent ?? Appellee. Such fees must be paid regardless of whether a Court Proceeding is commenced in acc??dance with Section 4.5 below. Failure to pay Filing Fees to the Dispute Resolution Provider may result in the loss of accreditation by ICANN.
4.5 Availability of Court Proceedings
The procedures set f??th above shall not ?????ent a ??? from submitting a dispute to a court of competent jurisdiction f?? independent resolution bef??e such administrative proceeding is commenced ?? after such proceeding is concluded. ?? a Dispute Resolution Panel decides a ?????? name registration should be transferred (either to the Gaining ???, ?? alternatively, back from the Gaining ??? to the ??? of Rec??d), such ??? will wait fourteen (14) calendar days after it is inf??med of the decision bef??e implementing that decision. The Registry will then implement the decision unless it has received from either of the parties to the dispute during that fourteen (14) calendar day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that a lawsuit has commenced with respect to the impacted ?????? name(s). ?? such documentation is received by the Registry, as applicable, within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented that the parties have resolved such dispute; (ii) evidence is presented that the lawsuit has been dismissed ?? withdrawn; ?? (iii) a copy of an ??der from such court dismissing the lawsuit ?? ??dering certain actions with respect to the ?????? name.
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1. ??? Requirements
????ed ?? Holders must be able to transfer their ?????? name registrations between ???s provided that the Gaining ???'s transfer process meets the minimum st?ards of this policy ? that such transfer is not prohi???ed by ICANN ?? Registry policies. Inter-??? ?????? name transfer processes must be clear ? concise in ??der to avoid confusion. Further, ???s should make reasonable eff??ts to inf??m ????ed ?? Holders of, ? provide access to, the published documentation of the specific transfer process employed by the ???s.
1.1 Transfer Auth??ities
The Administrative ??? ??? ? the ????ed ?? Holder, as listed in the Losing ???'s ?? applicable Registry's (w??? available) publicly accessible WHOIS ????? are the only parties that have the auth??ity to approve ?? deny a transfer request to the Gaining ???. In the event of a dispute, the ????ed ?? Holder's auth??ity supersedes that of the Administrative ??? ???.
???s may use Whois data from either the ??? of Rec??d ?? the relevant Registry f?? the purpose of verifying the authenticity of a transfer request; ?? from another data source as determined by a consensus policy.
2. Gaining ??? Requirements
F?? each instance w??? a ????ed ?? Holder requests to transfer a ?????? name registration to a different ???, the Gaining ??? shall:
2.1 Obtain express auth??ization from either the ????ed ?? Holder ?? the Administrative ??? ??? (???after, "Transfer ??? ???"). Hence, a transfer may only proceed if confirmation of the transfer is received by the Gaining ??? from the Transfer ??? ???.
2.1.1 The auth??ization must be made via a valid St?ardized F??m of Auth??ization (FOA). T??? are two different FOA's available at the ICANN website. The FOA labeled "Initial Auth??ization f?? ??? Transfer" must be used by the Gaining ??? to request an auth??ization f?? a registrar transfer from the Transfer ??? ???. The FOA labeled "?????ation of ??? Transfer Request" may be used by the ??? of Rec??d to request confirmation of the transfer from the Transfer ??? ???.
The FOA shall be communicated in English, ? any dispute arising out of a transfer request shall be conducted in the English language. ???s may choose to communicate with the Transfer ??? ??? in additional languages. However, ???s choosing to exercise such option are responsible f?? the accuracy ? completeness of the translation into such additional non-English version of the FOA.
2.1.2 In the event that the Gaining ??? relies on a physical process to obtain this auth??ization, a paper copy of the FOA will suffice insofar as it has been signed by the Transfer ??? ??? ? further that it is accompanied by a physical copy of the ??? of Rec??d's Whois output f?? the ?????? name in question.
2.1.2.1 ?? the Gaining ??? relies on a physical auth??ization process, then the Gaining ??? assumes the burden of obtaining reliable evidence of the identity of the Transfer ??? ??? ? maintaining appropriate rec??ds proving that such evidence was obtained. Further the Gaining ??? also assumes the burden f?? ensuring that the entity making the request is indeed auth??ized to do so. The acceptable f??ms of physical identity are:
2.1.3 In the event that the Gaining ??? relies on an electronic process to obtain this auth??ization the acceptable f??ms of identity would include:
The ??? of Rec??d may not deny a transfer request solely because it believes that the Gaining ??? has not received the confirmation set f??th above.
A transfer must not be allowed to proceed if no confirmation is received by the Gaining ???. The presumption in all cases will be that the Gaining ??? has received ? authenticated the transfer request made by a Transfer ??? ???.
2.2 Request, by the transmission of a "transfer" comm? as specified in the ??? ?ol Kit, that the Registry Operat?? database be changed to reflect the new ???.
2.2.1 Transmission of a "transfer" comm? constitutes a representation on the part of the Gaining ??? that the requisite auth??ization has been obtained from the Transfer ??? ??? listed in the auth??itative Whois database.
2.2.2 The Gaining ??? is responsible f?? validating the ????ed ?? Holder requests to transfer ?????? names between ???s. However, this does not preclude the ??? of Rec??d from exercising its option to independently confirm the ????ed ?? Holder's intent to transfer its ?????? name to the Gaining ??? in acc??dance with Section 3 of this policy.
3. Obligations of the ??? of Rec??d
A ??? of Rec??d can choose independently to confirm the intent of the ????ed ?? Holder when a notice of a pending transfer is received from the Registry. The ??? of Rec??d must do so in a manner consistent with the st?ards set f??th in this agreement pertaining to Gaining ???s. In ??der to ensure that the f??m of the request employed by the ??? of Rec??d is substantially administrative ? inf??mative in nature ? clearly provided to the Transfer ??? ??? f?? the purpose of verifying the intent of the Transfer ??? ???, the ??? of Rec??d must use the FOA.
The FOA shall be communicated in English, ? any dispute arising out of a transfer request, shall be conducted in the English language. ???s may choose to communicate with the Transfer ??? ??? in additional languages. However, the ??? choosing to exercise such option is responsible f?? the accuracy ? completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes ? procedures set f??th in this policy. This includes but is not limited to the requirement that no ??? shall add any additional inf??mation to the FOA used to obtain the consent of the Transfer ??? ??? in the case of a transfer request.
This requirement does not preclude the ??? of Rec??d from marketing to its existing customers through separate communications.
The FOA should be sent by the ??? of Rec??d to the Transfer ??? ??? as soon as operationally possible, but must be sent not later than twenty-four (24) hours after receiving the transfer request from the Registry Operat??.Failure by the ??? of Rec??d to respond within five (5) calendar days to a notification from the Registry regarding a transfer request will result in a default "approval" of the transfer.
In the event that a Transfer ??? ??? listed in the Whois has not confirmed their request to transfer with the ??? of Rec??d ? the ??? of Rec??d has not explicitly denied the transfer request, the default action will be that the ??? of Rec??d must allow the transfer to proceed.
Upon denying a transfer request f?? any of the following reasons, the ??? of Rec??d must provide the ????ed ?? Holder ? the potential Gaining ??? with the reason f?? denial. The ??? of Rec??d may deny a transfer request only in the following specific instances:
Instances when the requested change of ??? may not be denied include, but are not limited to:
The ??? of Rec??d has other mechanisms available to collect payment from the ????ed ?? Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the ??? of Rec??d must not employ transfer processes as a mechanism to secure payment f?? ?????s from a ????ed ?? Holder. Exceptions to this requirement are as follows:
(i) In the case of non-payment f?? ?????ious registration period(s) if the transfer is requested after the expiration date, ??
(ii) In the case of non-payment of the current registration period, if transfer is requested bef??e the expiration date.
4. ??? Co??dination
Each ??? is responsible f?? keeping copies of documentation, including the FOA ? the Transfer ??? ???s response t???to, that may be required f?? filing ? supp??ting a dispute under the dispute resolution policy. Gaining ???s must maintain copies of the FOA as received from the Transfer ??? ??? as per the st?ard document retention policies of the contracts. Copies of the reliable evidence of identity must be kept with the FOA.
Both the Gaining ??? ? the ??? of Rec??d must provide the evidence relied on f?? the transfer during ? after the applicable inter-registrar ?????? name transaction(s). Such inf??mation must be provided when requested by, ? only by, the other ??? that is party to the transfer transaction. ????itionally, ICANN, the Registry Operat??, a court ?? auth??ity with jurisdiction over the matter ?? a third party dispute resolution panel may also require such inf??mation within five (5) days of the request.
The Gaining ??? must retain, ? produce pursuant to a request by a Losing ???, a written ?? electronic copy of the FOA. In instances w??? the ??? of Rec??d has requested copies of the FOA, the Gaining ??? must fulfill the ??? of Rec??ds request (including providing the attendant supp??ting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds f?? reversal by the Registry Operat?? ?? the Dispute Resolution Panel in the event that a transfer complaint is filed in acc??dance with the requirements of this policy.
?? either a ??? of Rec??d ?? a Gaining ??? does not believe that a transfer request was h?led in acc??dance with the provisions of this policy, then the ??? may initiate a dispute resolution procedure as set f??th in Section C of this policy.
F?? purposes of facilitating transfer requests, ???s should provide ? maintain a unique ? private email address f?? use only by other ???s ? the Registry:
i. This email address is f?? issue related to transfer requests ? the procedures set f??th in this policy only.
ii. The email address should be managed to ensure messages are received by someone who can respond to the transfer issue.
iii. Messages received at such email address must be responded to within a commercial reasonable timeframe not to exceed seven (7) calendar days.
5. EPP - based Registry Requirements f?? ???s
In EPP-based gTLD Registries, ???s must follow the requirements set f??th below.
???s must provide the ????ed ?? Holder with the unique "AuthInfo" code within five (5) calendar days of the ????ed ?? Holder's initial request if the ??? does not provide facilities f?? the ????ed ?? Holder to generate ? manage their own unique "AuthInfo" code.
???s may not employ any mechanism f?? complying with a ????ed ?? Holder's request to obtain the applicable "AuthInfo Code" that is m??e restrictive than the mechanisms used f?? changing any aspect of the ????ed ?? Holder's contact ?? name server inf??mation.
The ??? of Rec??d must not refuse to release an "AuthInfo Code" to the ????ed ?? Holder solely because t??? is a dispute between the ????ed ?? Holder ? the ??? over payment.
???-generated "AuthInfo" codes must be unique on a per-?????? basis.
The "Auth-Info" codes must be used solely to identify a ????ed ?? Holder, w???as the FOA's still need to be used f?? auth??ization ?? confirmation of a transfer request, as described in Section 2 ? Section 4 of this policy.
6. Registry Requirements
Upon receipt of the "transfer" comm? from the Gaining ???, Registry Operat?? will transmit an electronic notification to both ???s. In the case of those Registries that use electronic mail notifications, the response notification may be sent to the unique email address established by each ??? f?? the purpose of facilitating transfers.
The Registry Operat?? shall complete the requested transfer unless, within five (5) calendar days, Registry Operat?? receives a NACK protocol comm? from the ??? of Rec??d.
When the Registry's database has been updated to reflect the change to the Gaining ???, Registry Operat?? will transmit an electronic notification to both ???s. The notification may be sent to the unique email address established by each ??? f?? the purpose of facilitating transfers ?? such other email address agreed to by the parties.
The Registry Operat?? shall undo a transfer if, after a transfer has occurred, the Registry Operat?? receives one of the notices as set f??th below. In such case, the transfer will be reversed ? the ?????? name reset to its ??iginal state. The Registry Operat?? must undo the transfer within five (5) calendar days of receipt of the notice except in the case of a Registry dispute decision, in which case the Registry Operat?? must undo the transfer within fourteen calendar days unless a court action is filed. The notice required shall be one of the following:
i. Agreement of the ??? of Rec??d ? the Gaining ??? sent by email, letter ?? fax that the transfer was made by mistake ?? was otherwise not in acc??dance with the procedures set f??th in this policy;
ii. The final determination of a dispute resolution body having jurisdiction over the transfer; ??
iii. Order of a court having jurisdiction over the transfer.
7. Rec??ds of ?????
Each ??? shall require its customer, the ????ed ?? Holder, to maintain its own rec??ds appropriate to document ? prove the initial ?????? name registration date.
8. Effect on ????? of ?????
The completion by Registry Operat?? of a holder-auth??ized transfer under this Part A shall result in a one-??? extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) ????.
B. ICANN-Approved Transfers
Transfer of the spons??ship of all the registrations spons??ed by one ??? as the result of (i) acquisition of that ??? ?? its assets by another ???, ?? (ii) lack of accreditation of that ??? ?? lack of its auth??ization with the Registry Operat??, may be made acc??ding to the following procedure:
(a) The gaining ??? must be accredited by ICANN f?? the Registry TLD ? must have in effect a Registry-??? Agreement with Registry Operat?? f?? the Registry TLD.
(b) ICANN must certify in writing to Registry Operat?? that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual ?? imminent business failure of a ???.
Upon satisfaction of these two conditions, Registry Operat?? will make the necessary one-time changes in the Registry database f?? no charge, f?? transfers involving 50,000 name registrations ?? fewer. ?? the transfer involves registrations of m??e than 50,000 names, Registry Operat?? will charge the gaining ??? a one-time flat fee of US$ 50,000.
C. Transfer Dispute Resolution Policy
Procedures f?? h?ling disputes concerning inter-registrar transfers are set f??th in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operat??s ? ICANN accredited ???s.
]]>We respect ??? individual privacy. That is why we have adopted this ??????? ??????, which embodies our commitment to the protection of ??? privacy through ad???nce to fair electronic inf??mation practices. This ??????? ?????? puts you, the individual, in control of how ??? personal inf??mation is processed, ? you have our promise that we will not electronically process ??? personal inf??mation in any way that is incompatible with this ??????? ??????.
This ??????? ?????? protects ??? privacy by:
> inf??ming you about the types of personal inf??mation NiceNIC collects about you through its ??????? sites;4. How We Put Inf??mation ? Good Use