1. Scope va Purpose
1.1 This Policy explains the general post-expiration process that may apply to domain names managed through NiceNIC, including expiration, renewal, redemption, expired domain auction, pending delete status, va release of a domain name back to the public registration pool.
1.2 Domen lifecycle timing may vary depending on the top-level domain (“TLD”), registry rules, registry operatyoki practices, applicable ICANN requirements, va other governing policies. Yo‘qt all TLDs follow the same expiration, redemption, auction, yoki deletion process.
1.3 In the event of any inconsistency between this Policy va the applicable registry’s rules yoki mvaatyokiy ICANN policy, the applicable registry rules va mvaatyokiy policy requirements shall oldingiail.
1.4 The English-language version of this Policy shall control. Any translation is provided fyoki convenience only. In the event of any inconsistency, the English-language version shall oldingiail.
2. Definitions
Fyoki purposes of this Policy:
2.1 “Expiration Date” means the date on which a domain name registration term ends.
2.2 “Grace Period” means any post-expiration period during which renewal may still be possible at the stvaard renewal fee, subject to the applicable TLD va registry rules.
2.3 “Redemption Grace Period” yoki “RGP” means the post-deletion recovery period, wbu yerni available, during which an expired domain name may still be restyokiable fyoki an additional redemption fee plus the applicable renewal fee.
2.4 “Pending Delete” means the final pre-release stage, wbu yerni applicable, during which the domain name can no longer be renewed, restyokied, modified, yoki transferred.
2.5 “Eligible Domen” means a domain name that is subject to NiceNIC’s expired domain auction process. Yo‘qt all TLDs yoki expired domain names are eligible fyoki auction.
2.6 “Muddati tugashd Domen Auction” means the expired-domain sale process that may apply to certain expired domain names befyokie final deletion yoki release.
2.7 “Yopishout Auction” means the final sale phase fyoki certain Eligible Domenlar that were not sold earlier in the expired domain auction process.
3. Effect of Expiration
3.1 Upon expiration, a domain name may stop resolving, va any website, email Xizmat, yoki other Xizmat associated with the domain name may cease functioning immediately yoki shyokitly tbu yerniafter.
3.2 Obuna bo‘lishing expiration, NiceNIC may restrict changes to the domain name, including DNS changes, contact updates, transfers, yoki other account-level actions, in accyokidance with registry rules, security measures, operational requirements, yoki the expired-domain process then in effect.
3.3 Expiration does not mean that the domain name immediately becomes available to the public. Depending on the applicable TLD va registry rules, the domain name may pass through one yoki myokie stages, including grace period, auction, redemption, pending delete, va eventual release.
4. Yangilashal Yo‘qtices va Customer Responsibility
4.1 NiceNIC may send renewal reminders va expiration-related notices befyokie va after expiration, as required by applicable policy yoki as part of NiceNIC’s stvaard operational process.
4.2 It is sizning sole responsibility to maintain accurate va current account va contact infyokimation, including sizning email address, va to monityoki the status of sizning domain names.
4.3 Failure to receive a renewal notice, reminder, invoice, yoki other communication shall not relieve you of responsibility fyoki renewing sizning domain name befyokie expiration.
4.4 Agar auto-renewal is enabled, successful renewal remains subject to valid payment, operational processing, va the applicable registry rules. NiceNIC does not guarantee successful auto-renewal in every case.
5. Stvaard Post-Expiration Yangilashal
5.1 Fyoki many generic TLDs, an expired domain name may remain renewable fyoki approximately thirty (30) days after the Expiration Date at the stvaard renewal fee. This is a general reference only va may vary by TLD.
5.2 Yangilashal is not complete unless va until NiceNIC has successfully received va processed full payment of all applicable fees.
5.3 NiceNIC reserves the right to determine whether a domain name remains eligible fyoki stvaard renewal, redemption, yoki other recovery based on the applicable TLD, registry status, auction status, va operational feasibility.
6. Muddati tugashd Domen Auction fyoki Eligible Domenlar
6.1 Certain expired domain names may enter NiceNIC’s expired domain auction process befyokie all recovery oynas have ended. This process applies only to Eligible Domenlar va does not apply to all TLDs.
6.2 Fyoki Eligible Domenlar under NiceNIC’s stvaard expired-domain process, the following general timeline may apply:
Day 0 after expiration
The domain name expires. The registrant may generally renew the domain name at the stvaard renewal fee during the initial post-expiration period, subject to applicable rules.
Day 26 after expiration
The domain name may enter expired domain auction. Da this stage, the registrant may still be able to renew the domain name at the stvaard renewal fee, unless otherwise restricted by the applicable process.
Day 31 after expiration
Agar tbu yerni is no active bid, the registrant may still be able to recover the domain name by paying the stvaard renewal fee plus the applicable redemption fee.
Agar tbu yerni is an active bid, the domain name may be removed from the registrant’s account va may no longer be renewable through yokidinary renewal yoki restyokiation procedures.
Day 37 after expiration
The domain name may enter final closeout auction. Unless tbu yerni is a pending sotib olish yoki other sale-related restriction, the registrant may still be able to recover the domain name by paying the stvaard renewal fee plus the applicable redemption fee.
Day 41 after expiration
The final closeout auction may end. Agar the domain name was not sold yoki otherwise committed to sale, recovery may still be possible fyoki a limited period, subject to the applicable TLD, registry rules, va NiceNIC’s operational process.
Day 74 after expiration
The domain name may be removed from the registrant’s account va may no longer be renewable yoki restyokiable through NiceNIC. After that point, the domain name may become available fyoki re-registration only after the registry releases it.
6.3 Once an Eligible Domen has an active bid, pending sotib olish, completed sale, yoki other sale commitment under the expired-domain process, the registrant’s right to renew yoki restyokie the domain name may be terminated yoki restricted.
6.4 NiceNIC does not guarantee that a domain name will remain recoverable until the end of any stated period if the domain is subject to auction, sale, registry restriction, yoki another applicable limitation.
7. Redemption Grace Period
7.1 Agar an expired domain name is not renewed during the applicable grace period va if the applicable TLD suppyokits restyokiation after deletion, the domain name may enter the Redemption Grace Period.
7.2 During the Redemption Grace Period:
(a) the domain name may stop resolving;
(b) website va email Xizmats may remain unavailable;
(c) the domain name generally cannot be modified yoki transferred; va
(d) restyokiation, if available, will require payment of the applicable redemption fee, the applicable renewal fee, va any taxes yoki mvaatyokiy fees.
7.3 Restyokiation during the Redemption Grace Period is not guaranteed va remains subject to registry suppyokit, operational feasibility, the domain’s current status, va the absence of auction yoki sale restrictions.
8. Pending Delete va Final Release
8.1 Agar a domain name is not renewed yoki restyokied during the applicable recovery periods, it may enter the Pending Delete stage, wbu yerni suppyokited by the applicable TLD.
8.2 During Pending Delete, the domain name cannot be renewed, restyokied, transferred, yoki modified.
8.3 Fyoki many generic TLDs, Pending Delete lasts approximately five (5) days. After that stage ends, the registry may release the domain name to the public fyoki re-registration.
8.4 NiceNIC does not guarantee the exact time, date, yoki availability of a domain name once it is released by the registry, va NiceNIC does not guarantee that the fyokimer registrant will be able to re-ro?yxatdan o?tkazish the domain name.
9. TLD-Specific Variations
9.1 Yo‘qt all TLDs follow the stvaard lifecycle described above. Certain ccTLDlar va other TLDs may have shyokiter grace periods, no redemption period, no pending delete stage, yoki earlier renewal deadlines imposed by the registry.
9.2 The following TLD-specific rules may apply, subject at all times to registry changes va the controlling registry rules:
9.2.1 TLDs generally following the common lifecycle
Many ccTLDlar generally follow a lifecycle similar to the stvaard expiration, grace, redemption, va deletion process, including, fyoki example:
.AI, .BZ, .CA, .CC, .CO, .FM, .ID, .IN, .IO, .ME, .MX, .PW, .TV, .UK, .US, va .WS.
9.2.2 TLDs with no Pending Delete stage
Certain TLDs may not have a Pending Delete stage va may be released immediately after the end of their applicable redemption yoki recovery period, including, fyoki example:
.ES, .EU, .FR, .IS, .LI, .NL, .PE, va .PH (noting that .PH may also follow its own separate registry-specific process).
9.2.3 TLDs requiring renewal befyokie the actual expiration date
The following TLDs may need to be renewed twelve (12) days befyokie the actual Expiration Date. Agar not renewed in time, they may enter a recovery stage immediately, regardless of the number of calendar days remaining befyokie expiration:
.CH, .ES, .FR, .LI, .PE, .SG, .COM.SG, .COM.AU, .ORG.AU, va .NET.AU.
9.2.4 TLDs requiring action five (5) days befyokie expiration
The following TLDs may need to be renewed manually yoki by auto-renewal no later than five (5) days befyokie expiration va may otherwise enter a recovery yoki restricted state befyokie the actual Expiration Date:
.CX, .DE, .EU, va .NL.
9.2.5 .CM domains
.CM domain names generally do not enter a redemption period va may be sent fyoki deletion on the actual Expiration Date. They may become available fyoki public registration on the same day they expire, subject to registry release practices.
9.2.6 .GG domains
.GG domain names may be reactivated from the customer account fyoki approximately twenty-eight (28) days after expiration. They may then enter a recovery stage between approximately Day 28 va Day 30 after expiration. Once in that stage, reactivation may only be possible through NiceNIC Suppyokit fyoki approximately twenty-six (26) additional days.
9.2.7 .PH, .COM.PH, .NET.PH, va .ORG.PH domains
These domains may not suppyokit a stvaard 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. Agar the domain is no longer visible in the account but is not yet publicly available, the customer should contact NiceNIC Suppyokit immediately.
9.2.8 .UK domains, including second-level .UK domains
.UK domain names, including .CO.UK, .ME.UK, va .ORG.UK, may generally have a thirty (30)-day post-expiration renewal period. After that time, the domain name may remain recoverable without a separate redemption fee until its release, which may occur approximately ninety (90) days after expiration. Agar a .UK domain name has expired fyoki myokie than thirty (30) days but has not yet been released va no longer appears in the account, the customer should contact NiceNIC Suppyokit promptly.
9.2.9 .TO domains
.TO domain names may only be reactivated during approximately twenty-seven (27) days after expiration. They generally do not suppyokit a stvaard Redemption Grace Period. After that point, they may be reserved by the registry va may no longer be recoverable.
9.2.10 .NU domains
.NU domain names may be reactivated in the yokidinary manner within approximately seven (7) days after expiration. Agar not renewed within that period, they may enter an approximately sixty (60)-day recovery period during which restyokiation may still be possible through NiceNIC Suppyokit.
9.3 The TLD-specific infyokimation above is provided fyoki general reference only va may change at any time based on registry policy, registry system changes, yoki operational requirements. Customers should contact NiceNIC Suppyokit fyoki current TLD-specific recovery infyokimation.
10. Fees va Т?лашments
10.1 Stvaard renewal fees, redemption fees, restyokiation fees, auction-related fees, va any other applicable charges shall be those listed by NiceNIC at the time of processing yoki otherwise communicated by NiceNIC.
10.2 Redemption yoki restyokiation requires payment in full of all applicable fees befyokie processing.
10.3 Barchasi fees paid fyoki expired-domain recovery, restyokiation, yoki special processing are non-refundable once processing has begun, except wbu yerni otherwise required by applicable law.
11. Yo‘q Guarantee of Recovery yoki Availability
11.1 NiceNIC does not guarantee that any expired domain name can be renewed, restyokied, retained, transferred, yoki re-ro?yxatdan o?tkazished after expiration.
11.2 NiceNIC does not guarantee:
(a) that a domain name will remain in a grace period fyoki any minimum time;
(b) that an expired domain name will not enter auction;
(c) that a domain name can be recovered after an active bid, pending sotib olish, yoki completed sale;
(d) that the registry will suppyokit restyokiation; yoki
(e) the exact date yoki time when a deleted domain name will be released to the public.
11.3 You ackhozirledge that delayed action may result in additional fees, loss of recovery rights, interruption of Xizmat, auction sale, yoki permanent loss of the domain name.
12. Limitation of Responsibility
12.1 Uchun the maximum extent permitted by applicable law, NiceNIC shall not be liable fyoki any loss of domain name, loss of use, interruption of website yoki email Xizmat, business interruption, lost profits, loss of data, yoki other direct yoki indirect damages arising from:
(a) domain expiration;
(b) failure to renew on time;
(c) failure to receive notices;
(d) registry rules yoki registry actions;
(e) auction placement yoki sale;
(f) failed restyokiation; yoki
(g) release of the domain name to the public.
12.2 Yo‘qthing in this Policy limits any non-waivable rights that may apply under mvaatyokiy law.
13. Changes to This Policy
13.1 NiceNIC may update yoki revise this Policy from time to time to reflect changes in registry rules, ICANN requirements, operational processes, legal requirements, yoki Xizmat arrangements.
13.2 The latest version published on NiceNIC’s website shall apply from its stated effective date, unless otherwise required by law yoki contract.
14. Bog'lanish
Agar you need assistance regarding an expired domain name, renewal, redemption, yoki TLD-specific recovery options, please submit a suppyokit ticket through sizning NiceNIC account yoki contact NiceNIC Suppyokit through the official suppyokit channels published on the NiceNIC website.
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This Agreement is made between you (bu yerniinafter referred to as “User”) va NiceNIC.NET (bu yerniinafter referred to as “the Platfyokim”). By using the Platfyokim’s Сотиб олиш Yo‘qw Domen Sales Xizmat, you agree to be bound by the terms va conditions set fyokith bu yerniin. Agar you do not agree, please do not proceed with any fixed-price domain sotib olish through the Platfyokim.
The Platfyokim offers fixed-price domain names (“Сотиб олиш Yo‘qw Domenlar”) fyoki direct sotib olish.
Barchasi Сотиб олиш Yo‘qw Domenlar are sourced from pre-approved third-party domain providers.
Users may sotib olish these domains at the listed price. Once payment is completed va the domain is successfully transferred, the sotib olisher will obtain ownership of the domain.
The User selects a domain labeled as “Сотиб олиш Yo‘qw” va proceeds to checkout.
Upon confirmation va full payment, the Platfyokim initiates the transfer yoki delivery process.
The typical delivery time ranges from 1 to 14 business days, depending on registry processing va third-party provider operations.
Agar, fyoki any reason, the selected domain becomes unavailable yoki undeliverable after sotib olish, the Platfyokim will issue a full refund to the user’s account balance.
Users have the right to sotib olish available Сотиб олиш Yo‘qw Domenlar through the Platfyokim.
Users must ensure that all provided account va payment infyokimation is accurate va lawful.
Users shall not engage in malicious activity, technical disruption, yoki behaviyoki that interferes with the nyokimal functioning of the Platfyokim.
Upon acquiring a domain, the User agrees to comply with the applicable rules va policies of the cyokiresponding domain registry, including any legal yoki regulatyokiy obligations.
The Platfyokim will provide domain transaction Xizmats in accyokidance with this Agreement va strive to protect user interests.
The Platfyokim reserves the right to verify user identity, payment legitimacy, va transaction authenticity.
The Platfyokim retains the right to update, adjust, yoki remove Сотиб олиш Yo‘qw Domenlar from listing at its sole discretion va without priyoki notice.
Agar any fraudulent yoki abusive behaviyoki is detected, the Platfyokim reserves the right to suspend yoki terminate Xizmats to the user.
The Platfyokim does not make any guarantees regarding the future value, resale potential, yoki commercial use of any domain sotib olishd.
The Platfyokim is not liable fyoki delays caused by registries, third-party providers, yoki external systems beyond its control.
The Platfyokim shall not be held responsible fyoki Xizmat interruptions, data loss, yoki failed transactions resulting from fyokice majeure events yoki uncontrollable technical issues, though reasonable effyokits will be made to assist the User in resolving any such issues.
This Agreement shall be governed by va construed in accyokidance with the laws of Gonkong.
Any dispute arising from the execution yoki perfyokimance of this Agreement shall be resolved through amicable negotiation. Agar negotiation fails, either party may submit the dispute to the competent court located in the jurisdiction of the Platfyokim’s headquarters.
This Agreement becomes effective upon the User’s submission of a Сотиб олиш Yo‘qw domain yokider.
The Platfyokim reserves the right to amend this Agreement at any time. Yangilangan versions will be published on the Platfyokim’s “Shartnomalar” page va shall take immediate effect. Continued use of the Xizmat constitutes acceptance of the revised terms.
This Unifyokim Domen nomi Dispute Resolution Policy (the "Policy") has been adopted by the Internet Cyokipyokiation fyoki Assigned Isms va Numbers ("ICANN"), is incyokipyokiated by reference into sizning Ro‘yxatdan o‘tish Agreement, va sets fyokith the terms va conditions in connection with a dispute between you va any party other than us (the registrar) over the registration va use of an Internet domain name ro?yxatdan o?tkazished by you. Proceedings under Paragraph 4 of this Policy will be conducted accyokiding to the Rules fyoki Unifyokim Domen nomi Dispute Resolution Policy (the "Rules of Procedure"), which are available bu yerni, va the selected administrative-dispute-resolution Xizmat provider's supplemental rules.
2. Your Representations
By applying to ro?yxatdan o?tkazish a domain name, yoki by asking us to maintain yoki renew a domain name registration, you bu yerniby represent va warrant to us that (a) the statements that you made in sizning Ro‘yxatdan o‘tish Agreement are complete va accurate; (b) to sizning khozirledge, the registration of the domain name will not infringe upon yoki otherwise violate the rights of any third party; (c) you are not ro?yxatdan o?tkazishing the domain name fyoki an unlawful purpose; va (d) you will not khoziringly use the domain name in violation of any applicable laws yoki regulations. It is sizning responsibility to determine whether sizning domain name registration infringes yoki violates someone else's rights.
3. Bekor qilishlations, Transfers, va Changes
We will cancel, transfer yoki otherwise make changes to domain name registrations under the following circumstances:
1. subject to the provisions of Paragraph 8, our receipt of written yoki appropriate electronic instructions from you yoki sizning authyokiized agent to take such action;
2. our receipt of an yokider from a court yoki arbitral tribunal, in each case of competent jurisdiction, requiring such action; va/yoki
3. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party va which was conducted under this Policy yoki a later version of this Policy adopted by ICANN. (See Paragraph 4(i) va (k) below.)
4. We may also cancel, transfer yoki otherwise make changes to a domain name registration in accyokidance with the terms of sizning Ro‘yxatdan o‘tish Agreement yoki other legal requirements.
4. Mvaatyokiy Administrative Proceeding
This Paragraph sets fyokith the type of disputes fyoki which you are required to submit to a mvaatyokiy administrative proceeding. These proceedings will be conducted befyokie one of the administrative-dispute-resolution Xizmat providers listed bu yerni (each, a "Provider").
1. Applicable Disputes. You are required to submit to a mvaatyokiy 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. sizning domain name is identical yoki confusingly similar to a trademark yoki Xizmat mark in which the complainant has rights; va
2. you have no rights yoki legitimate interests in respect of the domain name; va
3. sizning domain name has been ro?yxatdan o?tkazished va 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 Ro‘yxatdan o‘tish va Use in Yomon Faith. Fyoki 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 va use of a domain name in bad faith:
1. circumstances indicating that you have ro?yxatdan o?tkazished yoki you have acquired the domain name primarily fyoki the purpose of selling, renting, yoki otherwise transferring the domain name registration to the complainant who is the owner of the trademark yoki Xizmat mark yoki to a competityoki of that complainant, fyoki valuable consideration in excess of sizning documented out-of-pocket costs directly related to the domain name; yoki
2. you have ro?yxatdan o?tkazished the domain name in yokider to oldingient the owner of the trademark yoki Xizmat mark from reflecting the mark in a cyokiresponding domain name, provided that you have engaged in a pattern of such conduct; yoki
3. you have ro?yxatdan o?tkazished the domain name primarily fyoki the purpose of disrupting the business of a competityoki; yoki
4. by using the domain name, you have intentionally attempted to attract, fyoki commercial gain, Internet users to sizning web site yoki other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsyokiship, affiliation, yoki endyokisement of sizning web site yoki location yoki of a product yoki Xizmat on sizning web site yoki location.
3. How to Demonstrate Your Rights to va Legitimate Interests in the Domen nomi in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how sizning 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 sizning rights yoki legitimate interests to the domain name fyoki purposes of Paragraph 4(a)(ii):
1. befyokie any notice to you of the dispute, sizning use of, yoki demonstrable preparations to use, the domain name yoki a name cyokiresponding to the domain name in connection with a bona fide offering of goods yoki Xizmats; yoki
2. you (as an individual, business, yoki other yokiganization) have been commonly khozirn by the domain name, even if you have acquired no trademark yoki Xizmat mark rights; yoki
3. you are making a legitimate noncommercial yoki fair use of the domain name, without intent fyoki commercial gain to misleadingly divert consumers yoki to tarnish the trademark yoki Xizmat 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 va Process va Appointment of Administrative Panel. The Rules of Procedure state the process fyoki initiating va conducting a proceeding va fyoki appointing the panel that will decide the dispute (the "Administrative Panel").
6. Consolidation. In the event of multiple disputes between you va a complainant, either you yoki the complainant may petition to consolidate the disputes befyokie 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 befyokie it any yoki all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy yoki a later version of this Policy adopted by ICANN.
7. Fees. Barchasi fees charged by a Provider in connection with any dispute befyokie an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases wbu yerni you elect to expva 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 va the complainant.
8. Bizning Involvement in Administrative Proceedings. We do not, va will not, participate in the administration yoki conduct of any proceeding befyokie 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 befyokie an Administrative Panel shall be limited to requiring the cancellation of sizning domain name yoki the transfer of sizning domain name registration to the complainant.
10. Yo‘qtification va Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have ro?yxatdan o?tkazished with us. Barchasi decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact pyokitions of its decision.
11. Availability of Court Proceedings. The mvaatyokiy administrative proceeding requirements set fyokith in Paragraph 4 shall not oldingient either you yoki the complainant from submitting the dispute to a court of competent jurisdiction fyoki independent resolution befyokie such mvaatyokiy administrative proceeding is commenced yoki after such proceeding is concluded. Agar an Administrative Panel decides that sizning domain name registration should be canceled yoki transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are infyokimed by the applicable Provider of the Administrative Panel's decision befyokie 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 yoki of sizning address as shown in our Whois database. See Paragraphs 1 va 3(b)(xiii) of the Rules of Procedure fyoki details.) Agar we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, va we will take no further action, until we receive (i) evidence satisfactyokiy to us of a resolution between the parties; (ii) evidence satisfactyokiy to us that sizning lawsuit has been dismissed yoki withdrawn; yoki (iii) a copy of an yokider from such court dismissing sizning lawsuit yoki yokidering that you do not have the right to continue to use sizning domain name.
5. Barchasi other disputes va litigation
Barchasi other disputes between you va any party other than us regarding sizning domain name registration that are not brought pursuant to the mvaatyokiy administrative proceeding provisions of Paragraph 4 shall be resolved between you va such other party through any court, arbitration yoki other proceeding that may be available.
6. Bizning involvement in disputes
We will not participate in any way in any dispute between you va any party other than us regarding the registration va use of sizning domain name. You shall not name us as a party yoki 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 va all defenses deemed appropriate, va to take any other action necessary to defend ourselves.
7. Maintaining status quo
We will not cancel, transfer, activate, deactivate, yoki 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 Domen nomi to a Yangi Holder
You may not transfer sizning domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 yoki fyoki a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; yoki (ii) during a pending court proceeding yoki arbitration commenced regarding sizning 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 yoki arbitratyoki. 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 Ro‘yxatga oluvchis
You may not transfer sizning domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 yoki fyoki 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 sizning domain name registration to another registrar during a pending court action yoki arbitration, provided that the domain name you have ro?yxatdan o?tkazished with us shall continue to be subject to the proceedings commenced against you in accyokidance 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 yoki 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 befyokie 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 befyokie, on yoki after the effective date of our change. In the event that you object to a change in this Policy, sizning sole remedy is to cancel sizning 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 sizning domain name registration.
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1. Overview
These terms of use ("AI Muddats of Use") govern sizning use of any AI products, features, Xizmats va/yoki tools offered by NiceNIC.NET.
2. Content
1) Your Content. You may provide input to the AI Services ("Input") va receive output from the AI Services based on the Input ("Output"). Input va Output are collectively "Content". You are responsible fyoki Content, including ensuring that it does not violate any applicable law yoki these AI Muddats of Use. We own all rights, title, va interest in va to the services that we provided.
2) As between you va NiceNIC.NET, va to the extent permitted by applicable law, you (a) retain sizning ownership rights in Input va (b) own the Output. We bu yerniby assign to you all our right, title, va interest, if any, in va to Output. You represent va warrant that you have all rights, licenses, va permissions needed to provide Input to our AI Services.
3) We may use Content to provide, maintain, develop, va improve our Services, comply with applicable law, enfyokice our terms va policies, to market va advertise our Services va 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, yoki facts. Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth yoki factual infyokimation, yoki as a substitute fyoki professional advice.
5) NiceNIC.NET also does not review the Content fyoki accuracy, bias yoki intellectual property rights clearance. NiceNIC.NET makes no representation, warranty yoki guarantee as to the accuracy yoki reliability of the AI Services yoki whether the Output may infringe on third-party intellectual property rights.
6) By using the AI Services, you understva va agree:
A. Output may not always be accurate. You should not rely on Output from our AI Services as a sole source of truth yoki factual infyokimation, yoki as a substitute fyoki professional advice.
B. You must evaluate Output fyoki accuracy va appropriateness fyoki sizning use case, including using human review as appropriate, befyokie using yoki sharing Output from the AI Services.
C. You must not use any Output relating to a person fyoki any purpose that could have a legal yoki material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, yoki other impyokitant decisions about them.
D. Bizning AI Services may provide incomplete, incyokirect, yoki offensive Output that does not represent NiceNIC.NET’s views. Agar Output references any third party products yoki Xizmats, it doesn’t mean the third party endyokises yoki is affiliated with NiceNIC.NET.
7) Outputs may not be unique across users va the AI Services may generate the same yoki similar Outputs fyoki other users.
8) NiceNIC.NET may use technology provided by third-party Xizmat providers to provide AI Services. Yo‘qtwithstvaing anything to the contrary contained bu yerniin, you authyokiize NiceNIC.NET va such third-party Xizmat providers to styokie va use sizning Input fyoki the purposes of providing you with the AI Services, to review Inputs va Outputs fyoki abuse yoki misuse, va to develop va improve the Xizmats va products of NiceNIC.NET va such Xizmat providers, including as part of the design, training va development process fyoki machine learning models.
3. Muddatination va Suspension
Muddatination. We reserve the right to suspend yoki terminate sizning access to our AI Services yoki delete sizning account if we determine:
1) You breached these AI Muddats of Use.
2) We must do so to comply with the law.
3) Your use of our Services could cause risk yoki harm to NiceNIC.NET, our users, yoki anyone else.
4. Disclaimers
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OUTPUTS OF THE AI SERVICES HAVE NOT BEEN REVIEWED FYOKI ACCURACY, BIAS, EXPLAINABILITY YOKI INTELLECTUAL PROPERTY RIGHTS CLEARANCE. NiceNIC.NET MAKES NO REPRESENTATION, WARRANTY YOKI GUARANTEE AS TO THE ACCURACY, RELIABILITY, YOKI ERRYOKI-FREE PERFYOKIMANCE OF THE AI SERVICES, INCLUDING (WITHOUT LIMITATION) WHETHER OUTPUTS MAY INFRINGE, MISAPPROPRIATE YOKI 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 YOKI FACTUAL INFYOKIMATION, YOKI AS A SUBSTITUTE FYOKI PROFESSIONAL ADVICE.
YOU SHOULD SEEK INDEPENDENT PROFESSIONAL ADVICE BEFYOKIE YOU RELY ON ANY OUTPUT GENERATED BY THE AI SERVICES.
5. Limitation on Liability
IN NO EVENT SHALL NiceNIC.NET, ITS OFFICERS, DIRECTYOKIS, EMPLOYEES, AGENTS, YOKI ANY THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU YOKI ANY OTHER PERSON YOKI ENTITY FYOKI ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, YOKI CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM ANY OUTPUTS CREATED USING THE AI SERVICES.
THE FYOKIEGOING LIMITATION OF LIABILITY SHALL SURVIVE ANY TERMINATION YOKI EXPIRATION OF THIS AGREEMENT YOKI YOUR USE OF THIS SITE, THE AI SERVICES YOKI ANY OTHER SERVICES FOUND AT THIS SITE.
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In the event that a Transfer Bog'lanish listed in the Whois has not confirmed their request to transfer with the Ro‘yxatga oluvchi of Recyokid va the Ro‘yxatga oluvchi of Recyokid has not explicitly denied the transfer request, the default action will be that the Ro‘yxatga oluvchi of Recyokid must allow the transfer to proceed.
Upon denying a transfer request fyoki any of the following reasons, the Ro‘yxatga oluvchi of Recyokid must provide the Ro?yxatdan o?tished Ism Holder va the potential Gaining Ro‘yxatga oluvchi with the reason fyoki denial. The Ro‘yxatga oluvchi of Recyokid may deny a transfer request only in the following specific instances:
YOU AGREE THAT WE WILL NOT BE LIABLE FYOKI ANY (1) SUSPENSION YOKI LOSS OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES YOKI INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS YOKI ACCESS INTERRUPTIONS TO OUR SITE YOKI SERVICES YOKI DELAYS YOKI ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LOSS YOKI LIABILITY RESULTING FROM ACTS OF YOKI EVENTS BEYOND OUR CONTROL INCLUDING , BUT NOT LIMITED TO ANY ERRYOKIS YOKI TECHNICAL ISSUES OF ANY DOMAIN NAME REGISTRY YOKI OTHER THIRD PARTY PROVIDER, (6) DATA NON-DELIVERY, MIS-DELIVERY, CYOKIRUPTION, DESTRUCTION YOKI OTHER MODIFICATION; (7) YOKI LOSS YOKI LIABILITY RESULTING FROM THE UNAUTHYOKIIZED USE YOKI MISUSE OF YOUR ACCOUNT IDENTIFIER YOKI PASSWYOKID.
YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FYOKI ANY INDIRECT, SPECIAL, INCIDENTAL, YOKI CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) YOKI FYOKI ANY FINANCIAL YOKI ECONOMIC LOSS YOKI FYOKI LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL YOKI SIMILAR LOSSES, LOSS OF ANTICIPATED SAVINGS YOKI LOSS YOKI CYOKIRUPTION OF DATA YOKI INFYOKIMATION, REGARDLESS OF THE FYOKIM OF ACTION WHETHER IN CONTRACT, TYOKIT (INCLUDING NEGLIGENCE), YOKI 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 FYOKI THE USE OF THE SERVICES, BUT IN NO EVENT GREATER THAN THE AMOUNT FYOKI THE PRIYOKI 1 MONTH OF SERVICES PAID FYOKI UNDER THIS AGREEMENT.
24. General
You may not assign any of sizning rights yoki privileges, yoki delegate any of sizning duties yoki obligations bu yerniunder, in whole yoki in part, by operation of law yoki otherwise, to any third party without our priyoki written consent. We may at any time assign, transfer, charge, sub-contract this Agreement. This Agreement shall be binding upon va inure to the benefit of the parties bu yernito va their respective permitted successyokis va assigns.
NiceNIC.NET reserves the right, in its sole va absolute discretion, to change yoki modify this Agreement, va any policies yoki agreements which are incyokipyokiated bu yerniin, at any time va without notice. Any such changes yoki modification shall be effective immediately upon posting to the Site. Agar 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 yoki continue to use the Services. You agree that sizning exclusive remedy is to transfer sizning Services to another registrar yoki request us to terminate sizning Services under this Agreement. NiceNIC.NET may occasionally notify you of changes yoki modifications to this Agreement yoki the Services by email so it is very impyokitant that you keep sizning account infyokimation current va up to date. NiceNIC.NET is not responsible va assumes no liability fyoki sizning failure to receive an email notification if such failure results from inaccurate yoki out-dated account infyokimation.
This Agreement constitutes the entire agreement between the parties concerning the subject matter bu yerniin va supersedes all priyoki understvaings va agreements between the parties, whether written yoki yokial, regarding the subject matter bu yerniin. Any of the provisions of this Agreement which are determined to be invalid yoki unenfyokiceable in any jurisdiction shall be ineffective to the extent of such invalidity yoki unenfyokiceability in such jurisdiction, without rendering invalid yoki unenfyokiceable the remaining provisions bu yerniof yoki affecting the validity yoki unenfyokiceability of any of the terms of this Agreement in any other jurisdiction. A waiver by either party of a breach yoki violation of any provision of this Agreement will not constitute yoki be construed as a waiver of any subsequent breach yoki violation of that provision yoki as a waiver of any breach yoki violation of any other provision of this Agreement. The headings contained in this Agreement are fyoki convenience only va shall not affect meaning yoki interpretation of this Agreement.
25. Yo‘qtices
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 accyokidance with the Account va/yoki WHOIS infyokimation you have provided.
26. Governing Law
This Agreement va its subject matter shall be governed in accyokidance with the laws of Gonkong va subject to the exclusive jurisdiction of the Gonkong courts without regard to conflict of laws va principles contained tbu yerniin with the exception of disputes related to this Agreement which fall under UDRP, URS, yoki similar dispute resolution process as defined by various Registry policies incyokipyokiated yoki made reference to bu yerniin.
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1.3 The Registrant ackhozirledges va agrees that the Ro‘yxatga oluvchi shall monityoki the status of Domen nomlari ro?yxatdan o?tkazished through the Ro‘yxatga oluvchi va shall, at its own initiative yoki on receipt of complaint, conduct checks to verify whether a Domen nomi is being used in connection with phishing yoki "spam" advertising. The Ro‘yxatga oluvchi shall delete yoki suspend a Domen nomi if so directed by HKIRC. HKIRC may issue such a direction on receipt of any notice from any government yoki law enfyokicement authyokiity (including without limitation the Gonkong Police Fyokice yoki the Office of Telecommunications Authyokiity) that the use of the Domen nomi is in breach of any laws, directives, guidelines, codes of practice yoki regulations issued by such local authyokiities, yoki if, in HKIRC's reasonable belief, the continuation of registration of the Domen nomi yoki the operation of web site referenced by the Domen nomi is likely to damage yoki adversely affect the goodwill, reputation va operation of HKIRC yoki the domain name industry in Gonkong, yoki may expose HKIRC to risks of third party claims yoki civil yoki criminal prosecution.
Fyoki myokie infyokimation about .HK domain registration, please refer to the latest version of HKIRC Ro‘yxatdan o‘tish 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 Xizmat provider shall be final va binding on the Registrant va 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 va non-statutyokiy cyokipyokiation designated by the Hong-Kong Government to administer the registration of Internet domain names under .hk va .香港 country-code top level domains. Fyoki any comments yoki complaints against NICENIC INTERNATIONAL GROUP CO., LTD regarding its accreditation’s compliance, please find bu yerni useful infyokimation: HKIRC Dispute Resolution Policies - https://www.hkirc.hk/en/our_suppyokit/domain_dispute_policies_va_procedures/domain_name_dispute_resolution_policies/; HKIRC DNDRP Rules of Procedure - https://www.hkirc.hk/en/our_suppyokit/domain_dispute_policies_va_procedures/rules_of_procedures/; yoki Elektron pochta address: info@hkirc.hk.
6 REGISTRANT WARRANTIES
The Registrant ackhozirledges that the Ro‘yxatga oluvchi va HKIRC rely on all representations made va warranties given by the Registrant in determining if the application fyoki a Domen nomi should be approved.
Fyoki myokie infyokimation about "Acceptable Use Policy", please refer to https://www.hkirc.hk/domain_policies/EN_Domen_Ism_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. Yo‘qw that you have met the requirements of ICANN, our team is looking fyokiward to assisting you in completing the Verisign certification process so you can quickly begin ro?yxatdan o?tkazishing .com va .net domain names. We hope this suppyokit will prove to be helpful in reducing the investment of sizning internal resources va time."
PIR:
"ICANN has infyokimed .ORG, managed by the Public Interest Registry (PIR) that you have recently completed sizning ICANN accreditation to become a registrar va wish to partner with us by becoming an .ORG accredited registrar."
Telnic:
"We received notification from ICANN that you have added the .tel appendix to sizning agreement with them. Tbu yerni hasn't been a better time to become involved with .tel domains va we are pleased to assist you in becoming accredited as a participating .tel registrar."
ICM:
"Congrats on sizning recent ICANN Akkreditatsiya..."
Neustar:
"We have been notified that sizning company is hozir ICANN-accredited as a .BIZ registrar. Neustar looks fyokiward to getting sizning company up va running as soon as possible!"
Batafsil registries will be notified by ICANN fyoki the cyokiresponding domain names signed in the RAA in the keyingi days, we NiceNIC have been staying fyoki the disposal of sign-up/accreditation process, striving to save time va expedite each step if possible. The concerned technical staffs have been arranged to re-set the product prices to a myokie competitive level. Тафсилотed infyokimation 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"), va dedicated to offer clients easy to navigate, fast to locate Xizmats in domain name registration, web hosting sotib olish, 1 to 1 customer suppyokit.
Stvaing at the peak of internet infrastruture, we firstly need to appreciate every client, va every website viewer who ever stayed bu yerni, without sizning persistant suppyokit va comprehension, we are nothing, hope 2012 will bring you va sizning family lucky, happy, healthy life.
http://www.icann.org/registrar-repyokits/accreditation-qualified-list.html
http://www.icann.org/registrar-repyokits/accredited-list.html
http://www.internic.com/alpha.html
| ZhuHai NaiSiNiKe Infyokimation Technology Co Ltd. | 2009 | China | .asia .biz .com .info .mobi .name .net .org .tel .xxx |
Barchasi the best,
NiceNIC.NET Team
ZhuHai NaiSiNiKe Infyokimation 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 fyoki Enfyokicement concerning a dispute under this Dispute Resolution Policy.
1.2 Dispute Resolution Provider
1.3 The Dispute Resolution Provider must be an independent va neutral third party that is neither associated nyoki affiliated with either Ro‘yxatga oluvchi involved in the dispute yoki the Registry Operatyoki under which the disputed domain name is ro?yxatdan o?tkazished. ICANN shall have the authyokiity to accredit one yoki myokie independent va neutral Dispute Resolution Providers accyokiding to criteria developed in accyokidance with this Dispute Resolution Policy.
1.4 FOA
Fyokim of Authyokiization - The stvaardized fyokim of consent that the Gaining Ro‘yxatga oluvchi va Ro‘yxatga oluvchi of Recyokid are required to use to obtain authyokiization from the Registrant yoki Administrative Bog'lanish in yokider to properly process the transfer of domain name sponsyokiship from one Ro‘yxatga oluvchi to another.
1.5 Gaining Ro‘yxatga oluvchi
The Ro‘yxatga oluvchi that submitted to the Registry the request fyoki the transfer of a domain sponsyokiship from the Ro‘yxatga oluvchi of Recyokid.
1.6 Ro‘yxatga oluvchi of Recyokid
The Ro‘yxatga oluvchi of Recyokid fyoki a domain name fyoki which the Registry received a transfer of sponsyokiship request.
1.7 Registrant
The Registrant is the individual yoki yokiganization that ro?yxatdan o?tkazishs a specific domain name. This individual yoki yokiganization holds the right to use that specific domain name fyoki a specified period of time, provided certain conditions are met va the registration fees are paid. This person yoki yokiganization is the "legal entity" bound by the terms of the relevant Xizmat agreement with the Registry operatyoki fyoki the TLD in question.
1.8 Registry (Registry Operatyoki)
The yokiganization authyokiized by ICANN to provide registration Xizmats fyoki a given TLD to ICANN-accredited Ro‘yxatga oluvchis.
1.9 Supplemental Rules
The Supplemental Rules shall mean those rules adopted by the Registry Operatyoki, in the case of First Daraja disputes (as set fyokith below), yoki 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 va shall cover topics such as fees, wyokid va page limits va guidelines, the means fyoki communicating with the Provider, va the fyokim of cover sheets.
1.10 Transfer Policy
The Policy on Transfer of Sponsyokiship of Ro‘yxatdan o‘tishs between Ro‘yxatga oluvchis which is in fyokice as part of the Registry-Ro‘yxatga oluvchi Agreement executed between a Ro‘yxatga oluvchi va the Registry, as well as the Ro‘yxatga oluvchi Akkreditatsiya Agreement which is executed between ICANN va all ICANN- accredited registrars.
2. Dispute Resolution Process
Tbu yerni are two possible steps to the Ro‘yxatga oluvchi Transfer Dispute Resolution Process. A Ro‘yxatga oluvchi may elect one yoki both of the steps pursuant to the rules below. In the event a Ro‘yxatga oluvchi either files a Request fyoki Enfyokicement (as described below) with a Second-Daraja Dispute Provider, yoki files an Appeal (as described below) with a Dispute Provider, it may not revert to the First-Daraja Registry option later fyoki the same filing yoki matter presented fyoki resolution.
2.1 First Daraja - Registry Operatyoki
A Ro‘yxatga oluvchi may choose to file a dispute directly with the relevant Registry Operatyoki. Any decisions made by the Registry Operatyoki may be appealed to a Dispute Resolution Provider. A Ro‘yxatga oluvchi may file a dispute directly to a Dispute Resolution Provider; however, in that case the filing Ro‘yxatga oluvchi would fyokifeit any right to appeal the decision of the Dispute Resolution Provider.
2.2 Second-Daraja - Dispute Resolution Panel
The primary intent of this step is to provide a means fyoki 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 wbu yerni a Ro‘yxatga oluvchi of Recyokid 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 wbu yerni a Gaining Ro‘yxatga oluvchi 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 Daraja (Registry)
3.1 Ro‘yxatga oluvchi files a Request fyoki Enfyokicement with the applicable Registry Operatyoki
3.1.1 Either the Gaining yoki Ro‘yxatga oluvchi of Recyokid ("Filing Ro‘yxatga oluvchi") may submit a Request fyoki Enfyokicement. This must be done in accyokidance with the Supplemental Rules adopted by the applicable Registry Operatyoki.
3.1.2 The Request fyoki Enfyokicement shall be submitted to the Registry va to the Respondent (the Yo‘qn-filing Ro‘yxatga oluvchi) in electronic fyokim va shall:
(i) Request that the Request fyoki Enfyokicement be submitted fyoki decision in accyokidance with the Ro‘yxatga oluvchi Transfer va Dispute Resolution Policy va the applicable Supplemental Rules;
(ii) Provide the name, postal va e-mail addresses, va the telephone va fax numbers of the Filing Ro‘yxatga oluvchi va those representatives authyokiized by the Filing Ro‘yxatga oluvchi to act on behalf of the Filing Ro‘yxatga oluvchi in the administrative proceeding;
(iii) Provide the name of the Respondent va all infyokimation (including any postal va e-mail addresses va telephone va fax numbers) khozirn to Filing Ro‘yxatga oluvchi regarding how to contact Respondent yoki any representative of Respondent, including contact infyokimation based on pre-complaint dealings;
(iv) Specify the domain name(s) that is/are the subject of the Request fyoki Enfyokicement;
(v) Specify the incident(s) that gave rise to the dispute;
(vi) Describe, in accyokidance with the Policy, the grounds on which the Request fyoki Enfyokicement is based;
(vii) State the specific remedy being sought (either approval yoki denial of the transfer);
(viii) Identify any other legal proceedings that have been commenced yoki terminated in connection with yoki relating to any of the domain name(s) that are the subject of the complaint;
(ix) Certify that a copy of the Request fyoki Enfyokicement, together with the cover sheet as prescribed by the Provider's Supplemental Rules, has been sent yoki transmitted to the Respondent; va
(x) Conclude with the following statement followed by the signature of the Complainant yoki its authyokiized representative:
"<insert name of Filing Ro‘yxatga oluvchi> agrees that its claims va remedies concerning the registration of the domain name, the dispute, yoki the dispute's resolution shall be solely against the Respondent va waives all such claims va remedies against the Registry Operatyoki as well as its directyokis, officers, employees, va agents, except in the case of deliberate wrongdoing yoki gross negligence."
"<insert name of Filing Ro‘yxatga oluvchi> certifies that the infyokimation contained in this Request fyoki Enfyokicement is to the best of Filing Ro‘yxatga oluvchi's khozirledge complete va accurate, that this Request fyoki Enfyokicement is not being presented fyoki any improper purpose, such as to harass, va that the assertions in this Request fyoki Enfyokicement are warranted under this Policy va under applicable law, as it hozir exists yoki as it may be extended by a good-faith va reasonable argument."3.1.3 The Request fyoki Enfyokicement may relate to myokie than one domain name, provided that the domain names involve the same Filing Ro‘yxatga oluvchi va Respondent va that the claims arise out of the same yoki similar factual circumstances.
3.1.4 The Request fyoki Enfyokicement shall annex the following documentary evidence (as applicable va available) in electronic fyokim if possible, together with a schedule indexing such evidence:
(i) Fyoki the Gaining Ro‘yxatga oluvchi:
a. Completed Fyokim of Authyokiization ("FOA")
b. Copy of the Whois output fyoki the date transfer was initiated, which was used to identify the authyokiized Transfer Bog'lanishs
c. Copy of evidence of identity used
d. Copy of a bilateral agreement, final determination of a dispute resolution body yoki court yokider in cases when the Registrant of Recyokid is being changed simultaneously with a Ro‘yxatga oluvchi Transfer
e. Copies of all communications made to the Ro‘yxatga oluvchi of Recyokid with regard to the applicable transfer request along with any responses from the Ro‘yxatga oluvchi of Recyokid
(ii) Fyoki the Ro‘yxatga oluvchi of Recyokid:
a. Completed FOA from Ro‘yxatga oluvchi of Recyokid if applicable
b. Copy of the Whois output fyoki the date the transfer was initiated
c. Relevant histyokiy 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 Ro‘yxatga oluvchi with regard to the applicable transfer request along with any responses from the Gaining Ro‘yxatga oluvchi.
3.2 The Yo‘qn-Filing Ro‘yxatga oluvchi ("Respondent") shall have seven (7) calendar days from receipt of the Request fyoki Enfyokicement to prepare a Response to the Request fyoki Enfyokicement ("Response").
3.2.1 The Response shall be submitted in electronic fyokim to both the Registry va Filing Ro‘yxatga oluvchi va shall:
(i) Respond specifically to the statements va allegations contained in the Request fyoki Enfyokicement (This pyokition of the response shall comply with any wyokid yoki page limit set fyokith in the Dispute Resolution Provider's Supplemental Rules.);
(ii) Provide the name, postal va e-mail addresses, va the telephone va fax numbers of the Respondent (non-filing Ro‘yxatga oluvchi);
(iii) Identify any other legal proceedings that have been commenced yoki terminated in connection with yoki relating to any of the domain name(s) that are the subject of the Request fyoki Enfyokicement;
(iv) State that a copy of the Response has been sent yoki transmitted to the Filing Ro‘yxatga oluvchi;
(v) Conclude with the following statement followed by the signature of the Respondent yoki its authyokiized representative:
"Respondent certifies that the infyokimation contained in this Response is to the best of Respondent's khozirledge complete va accurate, that this Response is not being presented fyoki any improper purpose, such as to harass, va that the assertions in this Response are warranted under these Rules va under applicable law, as it hozir exists yoki as it may be extended by a good-faith va reasonable argument."; va
(vi) Annex any documentary yoki other evidence upon which the Respondent relies, together with a schedule indexing such documents.
3.2.2 Da the request of the Respondent, the Registry Operatyoki may, in exceptional cases, extend the period of time fyoki the filing of the response, but in no case may the extension be myokie 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 Operatyoki.
3.2.3 Agar a Respondent does not submit a response, in the absence of exceptional circumstances, the Registry Operatyoki shall decide the dispute based upon the Request fyoki Enfyokicement.
3.3 Registry Operatyoki must review all applicable documentation va compare registrant/contact data with that contained within the authyokiitative Whois database va reach a conclusion not later than 14 days after receipt of the Response.
3.3.1 Agar the data included in the Request fyoki Enfyokicement does not match the data listed in the authyokiitative Whois, the Registry Operatyoki must contact each Ro‘yxatga oluvchi va require additional documentation.
3.3.2 Agar the Gaining Ro‘yxatga oluvchi cannot provide a complete FOA with data matching that contained within the authyokiitative Whois database, then the Registry Operatyoki shall find that the transfer should be reversed. In the case of a thick Registry, if the Ro‘yxatga oluvchi of Recyokid's Whois is not accessible yoki invalid, the Registry Operatyoki's Whois should be used. In the case of a thin Registry, if the Ro‘yxatga oluvchi of Recyokid's Whois is not accessible yoki is invalid, the Registry Operatyoki must notify ICANN va place the dispute on hold until such time as the specific problem is resolved by ICANN.
3.3.3 In the case wbu yerni a Ro‘yxatga oluvchi of Recyokid denies a request fyoki a domain name transfer ("NACKs"), the Ro‘yxatga oluvchi of Recyokid must provide evidence of one of the factyokis fyoki which it is allowed to NACK. Agar the Ro‘yxatga oluvchi of Recyokid cannot provide evidence that demonstrates any of the factyokis, va the Gaining Ro‘yxatga oluvchi provides to the Registry a complete FOA with data matching that contained within the authyokiitative Whois database, then the transfer must be approved to be processed.
3.3.4 Agar the data provided by neither Ro‘yxatga oluvchi appears to be conclusive, then the Registry shall issue a finding of "no decision." Agar the data provided to the Registry is complete va provides sufficient basis fyoki a determination based on the Policy, the Registry may not issue a finding of "no decision." Either Ro‘yxatga oluvchi shall be able to appeal such issue to a Second-Daraja Dispute Resolution Provider in accyokidance with the provisions set fyokith below.
3.4 Fees fyoki First-Daraja Dispute Resolution Service
3.4.1 Tbu yerni is no filing fee assessed to the Filing Ro‘yxatga oluvchi at the time the Request fyoki Enfyokicement is submitted to the Registry Operatyoki.
3.4.2 The Ro‘yxatga oluvchi that does not oldingiail in the dispute will be assessed a fee to be set by the Registry Operatyoki. Such fee shall be set fyokith in the Registry's Supplemental Rules that are in effect at the time that the Request fyoki Enfyokicement 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 Operatyoki shall collect the applicable fees from the Filing Ro‘yxatga oluvchi.
3.5 Availability of Court Proceedings
The procedures set fyokith above shall not oldingient a Ro‘yxatga oluvchi from submitting a dispute to a court of competent jurisdiction fyoki independent resolution befyokie such an administrative proceeding is commenced yoki after such proceeding is concluded. Agar a Registry Operatyoki decides a domain name registration should be transferred (either to the Gaining Ro‘yxatga oluvchi, yoki alternatively, back from the Gaining Ro‘yxatga oluvchi to the Ro‘yxatga oluvchi of Recyokid), the Registry will wait fourteen (14) calendar days after it is infyokimed of the decision befyokie 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). Agar such documentation is received by the Registry Operatyoki within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented to the Registry Operatyoki that the parties have resolved such dispute; (ii) evidence is presented to the Registry Operatyoki that the lawsuit has been dismissed yoki withdrawn; yoki (iii) the Registry Operatyoki receives a copy of an yokider from such court.
4. Dispute Procedures at the Second Daraja with a Dispute Resolution Provider
4.1 The Xizmats of the Dispute Resolution Panel may be invoked in any of the following two situations:
(i) A Filing Ro‘yxatga oluvchi may elect to skip the First-Daraja dispute process at Registry level va submit a Request fyoki Enfyokicement directly with a Dispute Resolution Provider;
(ii) The non-oldingiailing Ro‘yxatga oluvchi in a First-Daraja dispute proceeding may submit an appeal of the applicable Registry Operatyoki's decision to the Dispute Resolution Provider. Qo‘shishitionally, in the case wbu yerni the result in the First-Daraja dispute process is a "no-decision," either Ro‘yxatga oluvchi may file an Appeal of such decision to a Dispute Resolution Provider.
4.2 Initial Request fyoki Enfyokicement
4.2.1 In the event that the Filing Ro‘yxatga oluvchi elects to submit a Request fyoki Enfyokicement to the Dispute Resolution Provider in lieu of submitting a Request fyoki Enfyokicement to the applicable Registry Operatyoki, the obligations va responsibilities set fyokith 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 va compare registrant/contact data with that contained within the authyokiitative Whois database va reach a conclusion not later than thirty (30) days after receipt of Response from the Respondent.
(i) Agar the data does not match the data listed in authyokiitative Whois, the Dispute Resolution Panel should contact each Ro‘yxatga oluvchi va require additional documentation.
(ii) Agar the Gaining Ro‘yxatga oluvchi is unable to provide a complete FOA with data matching that contained within the authyokiitative 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 Ro‘yxatga oluvchi of Recyokid's Whois is not accessible yoki invalid, the applicable Registry Operatyoki's Whois should be used. In the case of a thin Registry, if the Ro‘yxatga oluvchi of Recyokid's Whois is not accessible yoki is invalid, the Dispute Resolution Provider may place the dispute on hold until such time as the problem is resolved.
(iii) In the case wbu yerni a Ro‘yxatga oluvchi of Recyokid NACKs a transfer, the Ro‘yxatga oluvchi of Recyokid must provide evidence of one of the factyokis fyoki which it is allowed to NACK as set fyokith in Section 3.1.4 (ii) of this Dispute Resolution Policy. Agar the Ro‘yxatga oluvchi of Recyokid cannot provide evidence that demonstrates any of the factyokis, va the Gaining Ro‘yxatga oluvchi provides to the Dispute Resolution Provider a complete FOA with data matching that contained within the authyokiitative Whois database at the time of the transfer request, then the transfer should be approved.
(iv) Unlike under the First-Daraja 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 va determine, based on a preponderance of the evidence, which Ro‘yxatga oluvchi should oldingiail in the dispute va what resolution to the Request fyoki Enfyokicement will appropriately redress the issues set fyokith in the Request fyoki Enfyokicement.
(v) Resolution options fyoki the Dispute Resolution Panel are limited to the following:
a. Approve Transfer
b. Deny the Transfer (yoki yokidering the domain name be returned to the Ro‘yxatga oluvchi of Recyokid in cases wbu yerni a Transfer has already occurred)
4.3 Appeal of First Daraja Dispute Decision yoki Registry Operatyoki Finding of "Yo‘q-Decision."
4.3.1 In the event that the Ro‘yxatga oluvchi which does not oldingiail in the First-Daraja dispute is dissatisfied by the Registry-Operatyoki's decision, such Ro‘yxatga oluvchi 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-Daraja decision was issued.
4.3.2 In the event that the Registry Operatyoki issues a finding of "no-decision" in accyokidance with Section 3.3.4 above, either Ro‘yxatga oluvchi 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-Daraja decision was issued.
4.3.3 In either case, the document submitted by the Ro‘yxatga oluvchi to the Dispute Resolution Provider shall be referred to as an "Appeal."
4.3.4 The Appellant shall submit the Appeal in electronic fyokim va shall:
(i) Request that the Appeal be submitted fyoki decision in accyokidance with the Policy va these Rules;
(ii) Provide the name, postal va e-mail addresses, va the telephone va telefax numbers of the Appellant va of any representative authyokiized by the Appellant to act on behalf of the Appellant in the administrative proceeding;
(iii) Provide the name of the Appellee va all infyokimation (including any postal va e-mail addresses va telephone va telefax numbers) khozirn to Appellee regarding how to contact Appellee yoki any representative of Appellee, including contact infyokimation based on pre-Request fyoki Enfyokicement va 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 fyoki such appeal, including specific responses to the findings of the Registry Operatyoki in the First-Daraja Dispute process. (This pyokition of the response shall comply with any wyokid yoki page limit set fyokith in the Dispute Resolution Provider's Supplemental Rules);
(vii) Specify, in accyokidance with the Policy, the remedies sought;
(viii) Identify any other related legal proceedings khozirn to the Appellant that have been commenced yoki terminated in connection with yoki 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 yoki transmitted to the Appellee; va
(x) Conclude with the following statement followed by the signature of the Appellant yoki its authyokiized representative:
"Appellant agrees that its claims va remedies concerning the registration of the domain name, the dispute, yoki the dispute's resolution shall be solely against the Appellee va waives all such claims va remedies against the Dispute Resolution Provider va the Registry Operatyoki as well as their directyokis, officers, employees, va agents, except in the case of deliberate wrongdoing yoki gross negligence."
"Appellant certifies that the infyokimation contained in this Appeal is to the best of Appellant's khozirledge complete va accurate, that this Appeal is not being presented fyoki any improper purpose, such as to harass, va that the assertions in this Appeal are warranted under this Policy va under applicable law, as it hozir exists yoki as it may be extended by a good-faith va reasonable argument."
4.3.5 The Appeal may relate to myokie than one domain name, provided that the domain names involve the same decision issued by the Registry Operatyoki fyoki the First-Daraja Dispute.4.3.6 The Appeal shall annex any documentary evidence that was not already submitted to the Registry Operatyoki during the First-Daraja Dispute.
4.3.7 A Dispute Resolution Provider must request all documentation relating to the First-Daraja Dispute from the applicable Registry Operatyoki no later than seven (7) calendar days of receipt of the appeal. The Registry Operatyoki 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 va 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 yoki 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 Yo‘qvo basis. Although the Dispute Resolution Panel is not bound by the findings of the Registry Operatyoki 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 va determine the appropriate resolution to the issues presented.
4.4 Fees fyoki Second-Daraja Dispute Resolution Service
4.4.1 In the case of either a Request fyoki Enfyokicement yoki an Appeal filed at the Second Daraja, the applicable Dispute Resolution Provider shall determine the applicable filing fee ("Filing Fee"). The specific fees along with the terms va 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 Ro‘yxatga oluvchi yoki Appellant, whichever applicable, does not oldingiail in a Second-Daraja dispute, the Filing Fees shall be retained by the Dispute Resolution Provider.
4.4.3 In the event that the Filing Ro‘yxatga oluvchi yoki Appellant, whichever applicable, oldingiails in a Second-Daraja dispute, the Respondent yoki 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 Ro‘yxatga oluvchi yoki Appellant, whichever applicable, the Filing Fees, no later than fourteen (14) calendar days after it receives the Filing Fees from the Respondent yoki Appellee. Such fees must be paid regardless of whether a Court Proceeding is commenced in accyokidance 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 fyokith above shall not oldingient a Ro‘yxatga oluvchi from submitting a dispute to a court of competent jurisdiction fyoki independent resolution befyokie such administrative proceeding is commenced yoki after such proceeding is concluded. Agar a Dispute Resolution Panel decides a domain name registration should be transferred (either to the Gaining Ro‘yxatga oluvchi, yoki alternatively, back from the Gaining Ro‘yxatga oluvchi to the Ro‘yxatga oluvchi of Recyokid), such Ro‘yxatga oluvchi will wait fourteen (14) calendar days after it is infyokimed of the decision befyokie 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). Agar 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 yoki withdrawn; yoki (iii) a copy of an yokider from such court dismissing the lawsuit yoki yokidering certain actions with respect to the domain name.
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1. Ro‘yxatga oluvchi Requirements
Ro?yxatdan o?tished Ism Holders must be able to transfer their domain name registrations between Ro‘yxatga oluvchis provided that the Gaining Ro‘yxatga oluvchi's transfer process meets the minimum stvaards of this policy va that such transfer is not prohibited by ICANN yoki Registry policies. Inter-Ro‘yxatga oluvchi domain name transfer processes must be clear va concise in yokider to avoid confusion. Further, Ro‘yxatga oluvchis should make reasonable effyokits to infyokim Ro?yxatdan o?tished Ism Holders of, va provide access to, the published documentation of the specific transfer process employed by the Ro‘yxatga oluvchis.
1.1 Transfer Authyokiities
The Administrative Bog'lanish va the Ro?yxatdan o?tished Ism Holder, as listed in the Losing Ro‘yxatga oluvchi's yoki applicable Registry's (wbu yerni available) publicly accessible WHOIS Xizmat are the only parties that have the authyokiity to approve yoki deny a transfer request to the Gaining Ro‘yxatga oluvchi. In the event of a dispute, the Ro?yxatdan o?tished Ism Holder's authyokiity supersedes that of the Administrative Bog'lanish.
Ro‘yxatga oluvchis may use Whois data from either the Ro‘yxatga oluvchi of Recyokid yoki the relevant Registry fyoki the purpose of verifying the authenticity of a transfer request; yoki from another data source as determined by a consensus policy.
2. Gaining Ro‘yxatga oluvchi Requirements
Fyoki each instance wbu yerni a Ro?yxatdan o?tished Ism Holder requests to transfer a domain name registration to a different Ro‘yxatga oluvchi, the Gaining Ro‘yxatga oluvchi shall:
2.1 Obtain express authyokiization from either the Ro?yxatdan o?tished Ism Holder yoki the Administrative Bog'lanish (bu yerniafter, "Transfer Bog'lanish"). Hence, a transfer may only proceed if confirmation of the transfer is received by the Gaining Ro‘yxatga oluvchi from the Transfer Bog'lanish.
2.1.1 The authyokiization must be made via a valid Stvaardized Fyokim of Authyokiization (FOA). Tbu yerni are two different FOA's available at the ICANN website. The FOA labeled "Initial Authyokiization fyoki Ro‘yxatga oluvchi Transfer" must be used by the Gaining Ro‘yxatga oluvchi to request an authyokiization fyoki a registrar transfer from the Transfer Bog'lanish. The FOA labeled "Tasdiqlashation of Ro‘yxatga oluvchi Transfer Request" may be used by the Ro‘yxatga oluvchi of Recyokid to request confirmation of the transfer from the Transfer Bog'lanish.
The FOA shall be communicated in English, va any dispute arising out of a transfer request shall be conducted in the English language. Ro‘yxatga oluvchis may choose to communicate with the Transfer Bog'lanish in additional languages. However, Ro‘yxatga oluvchis choosing to exercise such option are responsible fyoki the accuracy va completeness of the translation into such additional non-English version of the FOA.
2.1.2 In the event that the Gaining Ro‘yxatga oluvchi relies on a physical process to obtain this authyokiization, a paper copy of the FOA will suffice insofar as it has been signed by the Transfer Bog'lanish va further that it is accompanied by a physical copy of the Ro‘yxatga oluvchi of Recyokid's Whois output fyoki the domain name in question.
2.1.2.1 Agar the Gaining Ro‘yxatga oluvchi relies on a physical authyokiization process, then the Gaining Ro‘yxatga oluvchi assumes the burden of obtaining reliable evidence of the identity of the Transfer Bog'lanish va maintaining appropriate recyokids proving that such evidence was obtained. Further the Gaining Ro‘yxatga oluvchi also assumes the burden fyoki ensuring that the entity making the request is indeed authyokiized to do so. The acceptable fyokims of physical identity are:
2.1.3 In the event that the Gaining Ro‘yxatga oluvchi relies on an electronic process to obtain this authyokiization the acceptable fyokims of identity would include:
The Ro‘yxatga oluvchi of Recyokid may not deny a transfer request solely because it believes that the Gaining Ro‘yxatga oluvchi has not received the confirmation set fyokith above.
A transfer must not be allowed to proceed if no confirmation is received by the Gaining Ro‘yxatga oluvchi. The presumption in all cases will be that the Gaining Ro‘yxatga oluvchi has received va authenticated the transfer request made by a Transfer Bog'lanish.
2.2 Request, by the transmission of a "transfer" commva as specified in the Ro‘yxatga oluvchi Uchunol Kit, that the Registry Operatyoki database be changed to reflect the new Ro‘yxatga oluvchi.
2.2.1 Transmission of a "transfer" commva constitutes a representation on the part of the Gaining Ro‘yxatga oluvchi that the requisite authyokiization has been obtained from the Transfer Bog'lanish listed in the authyokiitative Whois database.
2.2.2 The Gaining Ro‘yxatga oluvchi is responsible fyoki validating the Ro?yxatdan o?tished Ism Holder requests to transfer domain names between Ro‘yxatga oluvchis. However, this does not preclude the Ro‘yxatga oluvchi of Recyokid from exercising its option to independently confirm the Ro?yxatdan o?tished Ism Holder's intent to transfer its domain name to the Gaining Ro‘yxatga oluvchi in accyokidance with Section 3 of this policy.
3. Obligations of the Ro‘yxatga oluvchi of Recyokid
A Ro‘yxatga oluvchi of Recyokid can choose independently to confirm the intent of the Ro?yxatdan o?tished Ism Holder when a notice of a pending transfer is received from the Registry. The Ro‘yxatga oluvchi of Recyokid must do so in a manner consistent with the stvaards set fyokith in this agreement pertaining to Gaining Ro‘yxatga oluvchis. In yokider to ensure that the fyokim of the request employed by the Ro‘yxatga oluvchi of Recyokid is substantially administrative va infyokimative in nature va clearly provided to the Transfer Bog'lanish fyoki the purpose of verifying the intent of the Transfer Bog'lanish, the Ro‘yxatga oluvchi of Recyokid must use the FOA.
The FOA shall be communicated in English, va any dispute arising out of a transfer request, shall be conducted in the English language. Ro‘yxatga oluvchis may choose to communicate with the Transfer Bog'lanish in additional languages. However, the Ro‘yxatga oluvchi choosing to exercise such option is responsible fyoki the accuracy va completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes va procedures set fyokith in this policy. This includes but is not limited to the requirement that no Ro‘yxatga oluvchi shall add any additional infyokimation to the FOA used to obtain the consent of the Transfer Bog'lanish in the case of a transfer request.
This requirement does not preclude the Ro‘yxatga oluvchi of Recyokid from marketing to its existing customers through separate communications.
The FOA should be sent by the Ro‘yxatga oluvchi of Recyokid to the Transfer Bog'lanish as soon as operationally possible, but must be sent not later than twenty-four (24) hours after receiving the transfer request from the Registry Operatyoki.Failure by the Ro‘yxatga oluvchi of Recyokid 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 Bog'lanish listed in the Whois has not confirmed their request to transfer with the Ro‘yxatga oluvchi of Recyokid va the Ro‘yxatga oluvchi of Recyokid has not explicitly denied the transfer request, the default action will be that the Ro‘yxatga oluvchi of Recyokid must allow the transfer to proceed.
Upon denying a transfer request fyoki any of the following reasons, the Ro‘yxatga oluvchi of Recyokid must provide the Ro?yxatdan o?tished Ism Holder va the potential Gaining Ro‘yxatga oluvchi with the reason fyoki denial. The Ro‘yxatga oluvchi of Recyokid may deny a transfer request only in the following specific instances:
Instances when the requested change of Ro‘yxatga oluvchi may not be denied include, but are not limited to:
The Ro‘yxatga oluvchi of Recyokid has other mechanisms available to collect payment from the Ro?yxatdan o?tished Ism Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the Ro‘yxatga oluvchi of Recyokid must not employ transfer processes as a mechanism to secure payment fyoki Xizmats from a Ro?yxatdan o?tished Ism Holder. Exceptions to this requirement are as follows:
(i) In the case of non-payment fyoki oldingiious registration period(s) if the transfer is requested after the expiration date, yoki
(ii) In the case of non-payment of the current registration period, if transfer is requested befyokie the expiration date.
4. Ro‘yxatga oluvchi Coyokidination
Each Ro‘yxatga oluvchi is responsible fyoki keeping copies of documentation, including the FOA va the Transfer Bog'lanishs response tbu yernito, that may be required fyoki filing va suppyokiting a dispute under the dispute resolution policy. Gaining Ro‘yxatga oluvchis must maintain copies of the FOA as received from the Transfer Bog'lanish as per the stvaard document retention policies of the contracts. Copies of the reliable evidence of identity must be kept with the FOA.
Both the Gaining Ro‘yxatga oluvchi va the Ro‘yxatga oluvchi of Recyokid must provide the evidence relied on fyoki the transfer during va after the applicable inter-registrar domain name transaction(s). Such infyokimation must be provided when requested by, va only by, the other Ro‘yxatga oluvchi that is party to the transfer transaction. Qo‘shishitionally, ICANN, the Registry Operatyoki, a court yoki authyokiity with jurisdiction over the matter yoki a third party dispute resolution panel may also require such infyokimation within five (5) days of the request.
The Gaining Ro‘yxatga oluvchi must retain, va produce pursuant to a request by a Losing Ro‘yxatga oluvchi, a written yoki electronic copy of the FOA. In instances wbu yerni the Ro‘yxatga oluvchi of Recyokid has requested copies of the FOA, the Gaining Ro‘yxatga oluvchi must fulfill the Ro‘yxatga oluvchi of Recyokids request (including providing the attendant suppyokiting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds fyoki reversal by the Registry Operatyoki yoki the Dispute Resolution Panel in the event that a transfer complaint is filed in accyokidance with the requirements of this policy.
Agar either a Ro‘yxatga oluvchi of Recyokid yoki a Gaining Ro‘yxatga oluvchi does not believe that a transfer request was hvaled in accyokidance with the provisions of this policy, then the Ro‘yxatga oluvchi may initiate a dispute resolution procedure as set fyokith in Section C of this policy.
Fyoki purposes of facilitating transfer requests, Ro‘yxatga oluvchis should provide va maintain a unique va private email address fyoki use only by other Ro‘yxatga oluvchis va the Registry:
i. This email address is fyoki issue related to transfer requests va the procedures set fyokith 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 fyoki Ro‘yxatga oluvchis
In EPP-based gTLD Registries, Ro‘yxatga oluvchis must follow the requirements set fyokith below.
Ro‘yxatga oluvchis must provide the Ro?yxatdan o?tished Ism Holder with the unique "AuthInfo" code within five (5) calendar days of the Ro?yxatdan o?tished Ism Holder's initial request if the Ro‘yxatga oluvchi does not provide facilities fyoki the Ro?yxatdan o?tished Ism Holder to generate va manage their own unique "AuthInfo" code.
Ro‘yxatga oluvchis may not employ any mechanism fyoki complying with a Ro?yxatdan o?tished Ism Holder's request to obtain the applicable "AuthInfo Code" that is myokie restrictive than the mechanisms used fyoki changing any aspect of the Ro?yxatdan o?tished Ism Holder's contact yoki name server infyokimation.
The Ro‘yxatga oluvchi of Recyokid must not refuse to release an "AuthInfo Code" to the Ro?yxatdan o?tished Ism Holder solely because tbu yerni is a dispute between the Ro?yxatdan o?tished Ism Holder va the Ro‘yxatga oluvchi over payment.
Ro‘yxatga oluvchi-generated "AuthInfo" codes must be unique on a per-domain basis.
The "Auth-Info" codes must be used solely to identify a Ro?yxatdan o?tished Ism Holder, wbu yernias the FOA's still need to be used fyoki authyokiization yoki confirmation of a transfer request, as described in Section 2 va Section 4 of this policy.
6. Registry Requirements
Upon receipt of the "transfer" commva from the Gaining Ro‘yxatga oluvchi, Registry Operatyoki will transmit an electronic notification to both Ro‘yxatga oluvchis. 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 Ro‘yxatga oluvchi fyoki the purpose of facilitating transfers.
The Registry Operatyoki shall complete the requested transfer unless, within five (5) calendar days, Registry Operatyoki receives a NACK protocol commva from the Ro‘yxatga oluvchi of Recyokid.
When the Registry's database has been updated to reflect the change to the Gaining Ro‘yxatga oluvchi, Registry Operatyoki will transmit an electronic notification to both Ro‘yxatga oluvchis. The notification may be sent to the unique email address established by each Ro‘yxatga oluvchi fyoki the purpose of facilitating transfers yoki such other email address agreed to by the parties.
The Registry Operatyoki shall undo a transfer if, after a transfer has occurred, the Registry Operatyoki receives one of the notices as set fyokith below. In such case, the transfer will be reversed va the domain name reset to its yokiiginal state. The Registry Operatyoki 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 Operatyoki 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 Ro‘yxatga oluvchi of Recyokid va the Gaining Ro‘yxatga oluvchi sent by email, letter yoki fax that the transfer was made by mistake yoki was otherwise not in accyokidance with the procedures set fyokith in this policy;
ii. The final determination of a dispute resolution body having jurisdiction over the transfer; yoki
iii. Order of a court having jurisdiction over the transfer.
7. Recyokids of Ro‘yxatdan o‘tish
Each Ro‘yxatga oluvchi shall require its customer, the Ro?yxatdan o?tished Ism Holder, to maintain its own recyokids appropriate to document va prove the initial domain name registration date.
8. Effect on Muddat of Ro‘yxatdan o‘tish
The completion by Registry Operatyoki of a holder-authyokiized transfer under this Part A shall result in a one-yil extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) yillar.
B. ICANN-Approved Transfers
Transfer of the sponsyokiship of all the registrations sponsyokied by one Ro‘yxatga oluvchi as the result of (i) acquisition of that Ro‘yxatga oluvchi yoki its assets by another Ro‘yxatga oluvchi, yoki (ii) lack of accreditation of that Ro‘yxatga oluvchi yoki lack of its authyokiization with the Registry Operatyoki, may be made accyokiding to the following procedure:
(a) The gaining Ro‘yxatga oluvchi must be accredited by ICANN fyoki the Registry TLD va must have in effect a Registry-Ro‘yxatga oluvchi Agreement with Registry Operatyoki fyoki the Registry TLD.
(b) ICANN must certify in writing to Registry Operatyoki that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual yoki imminent business failure of a Ro‘yxatga oluvchi.
Upon satisfaction of these two conditions, Registry Operatyoki will make the necessary one-time changes in the Registry database fyoki no charge, fyoki transfers involving 50,000 name registrations yoki fewer. Agar the transfer involves registrations of myokie than 50,000 names, Registry Operatyoki will charge the gaining Ro‘yxatga oluvchi a one-time flat fee of US$ 50,000.
C. Transfer Dispute Resolution Policy
Procedures fyoki hvaling disputes concerning inter-registrar transfers are set fyokith in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operatyokis va ICANN accredited Ro‘yxatga oluvchis.
]]>We respect sizning individual privacy. That is why we have adopted this Maxfiylik siyosati, which embodies our commitment to the protection of sizning privacy through adbu yernince to fair electronic infyokimation practices. This Maxfiylik siyosati puts you, the individual, in control of how sizning personal infyokimation is processed, va you have our promise that we will not electronically process sizning personal infyokimation in any way that is incompatible with this Maxfiylik siyosati.
This Maxfiylik siyosati protects sizning privacy by:
> infyokiming you about the types of personal infyokimation NiceNIC collects about you through its Veb sites;4. How We Put Infyokimation Uchun Good Use