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Service Term and Condition
This Service Term and Condition consists of four sections
below:
Section 1: SERVICE AGREEMENT
- Introduction
- Fees, payment and term of service
- Accurate Information
- Modifications to service agreement
- Modifications to your account
- Agents
- Notices and announcements
- Limitation of liability
- Indemnity
- Breach
- Representation and warranties
- Disclaimer of warranties
- Revocation
- Right of refusal
- Severability
- Entirety
- Non-assignment
- Governing law
- Agreement to be bound
- Email service
- Customer conduct
- Domain name disputes
- Supplementary regulation about .cn domain name
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1. Introduction
1.1. In this Service Agreement ("Agreement"), it is hereby
defined that:
1.2. This Agreement explains our obligations to you, and your obligations
to us in relation to your use of our services.
1.3. By selecting China-Domain Corp.'s service(s) you have agreed to
establish an account with us for such given service(s). When you use your
account or permit someone else to use your account to purchase or otherwise
acquire access to additional China-Domain's service(s) or to modify or
cancel your China-Domain Corp.'s service(s) (even if we were not notified
of such authorization), this Agreement covers any such service or action.
Any acceptance of your application(s) for our services and the performance
of our services will occur at our offices in Chengdu, Sichuan, People's
Republic of China, the location of our principal place of business.
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2. Fees, payment and term of service
2.1. As consideration for the service(s) you have selected,
you agree to pay China-Domain Corp. the applicable service(s) fees set
forth in details at http://www.china-domain.net/English/price.html
at then time of your selection. All fees are due immediately and are non-refundable,
unless otherwise specified in advance.
2.2. China-Domain Corp. may take all remedies available
to collect fees owed. Any renewal of your service with us is subject to
our then current Service Terms and Conditions and payment of all applicable
service fees at the time of renewal and in the case of domain name registration,
the domain name registry's acceptance of your domain name registration
application.
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3. Accurate information
3.1. As further consideration for the China-Domain Corp.'s
service(s), you agree to:
- Provide certain current, complete and accurate information about you
as required by the application process of applicable service.
- Maintain and update this information as needed to keep it current,
complete and accurate.
3.2. We rely on this information to send you important
information and notices regarding your account and our services. Our Privacy
Statement sets forth your and our rights and responsibilities with
regard to your personal information.
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4. Modification to service agreement
4.1. Except as otherwise provided in this Service Agreement,
you agree, during the term of this Service Agreement, that China-Domain
Corp. may reserve the right to
- Revise the terms and conditions of this Service Agreement
- Change part of the services provided under this Service Agreement
at any time
4.2. Any such revision or change will be binding and effective
immediately upon posting of the revised Service Agreement or change to
the service(s) at http://www.china-domain.net/English/service_term.html#agreement_modification,
or upon not less than 30 calendar days notice to you by sending e-mail
or mail of People's Republic of China to the address you submit in the
process of registration.
4.3. You agree to periodically review our Web site, including
the current version of this Service Agreement available on our Web sites,
to be aware of any such revisions. If you do not agree with any revision
to the Service Agreement, you may terminate this Service Agreement at
any time by providing us notice by e-mail or mail of People's Republic
of China addressed as follows: Enwei Electronics Ltd. Webmaster, China-Domain,
28, ChuangYe Road, Hi-Tech Development Zone, Chengdu, Sichuan, 610041,
People's Republic of China. Notice of your termination will be effective
on receipt and processing by us. Any fees paid by you if you terminate
your Service Agreement with us are nonrefundable, but you will not incur
any additional fees.
4.4. By continuing to use China-Domain Corp.'s services
after any revision to this Service Agreement or change in service(s),
you agree to abide by and be bound by any such revisions or changes. China-Domain
Corp. is not bound by nor should you rely on any representation by any
agent, representative or employee of any third party that you may use
to apply for our services; or in information posted on our Web site of
a general informational nature. No employee, contractor, agent or representative
of China-Domain Corp.'s is authorized to alter or amend the terms and
conditions of this Service Agreement.
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5. Modification to your account
In order to change any of your account information with
us, you must use the Account and the Password that you selected if you
opened your account with us through our online application process, or
the security authentication option that you selected if you opened your
account with us through our e-mail application process. Please safeguard
your Account and Password or security authentication option from any unauthorized
use. In no event will we be liable for the unauthorized use or misuse
of your Account or Password or security authentication option.
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6. Agents.
You agree that, if your agent (e.g., an Internet Service
Provider, employee, etc.) purchased our service(s) on your behalf, you
are nonetheless bound as a principal by all terms and conditions herein,
including the dispute policy. Your continued use of our services shall
ratify any unauthorized actions of your agent. By acting on your behalf,
your agent certifies that he or she is authorized to apply for our services
on your behalf, that he or she is authorized to bind you to the terms
and conditions of this Service Agreement and that he or she has apprised
you of the terms and conditions of this Service Agreement. In addition,
you are responsible for any errors made by your agent. We will not refund
fees paid by you or your agent on your behalf for any reason, including,
but not limited to, in the event that your agent fails to comply with
the terms and conditions of this Service Agreement, your agent incorrectly
provides information in the application process or if your agent changes
or otherwise modifies your domain name record incorrectly.
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7. Notices and announcements
You authorize us to notify you as our customer of information
that we deem is of potential interest to you. Notices and announcements
may include commercial emails and other notices describing changes, upgrades,
new products and services or other information pertaining to Internet
security or to enhance your identity on the Internet and/or other relevant
matters. If you do not wish to receive such email solicitation notices
or announcements, excluding the notices or announcements regarding the
modification of any part of this Service Term and Condition, please send
us an email at: webmaster@china-domain.net.
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8. Limitation of liability
8.1. You agree that our entire liability, and your exclusive
remedy, with respect to any China-Domain Corp.'s service(s) provided under
this Agreement and/or for any breach of this Agreement is solely limited
to the amount you have paid for such service(s).
8.2. China-Domain Corp. shall not be liable for any direct,
indirect, incidental, special or consequential damages resulting from
the use or inability to use any of the China-Domain Corp.'s services or
for the cost of procurement of substitute services.
8.3. We disclaim any and all loss or liability resulting
from, but not limited to:
- Loss or liability resulting from access delays or access interruptions;
- Loss or liability resulting from data non-delivery or data mis-delivery;
- Loss or liability resulting from the unauthorized use or misuse of
your Account Number, Password or security authentication option;
- Loss or liability resulting from errors, omissions, or misstatements
in any and all information or service(s) provided under this Agreement;
- Loss or liability relating to the deletion of or failure to store
e-mail messages;
- Loss or liability resulting from the development or interruption of
your Web site;
- Loss or liability that you may incur in connection with our processing
of your application for our services, our processing of any authorized
modification to your domain name record or your agents failure to pay
any fees, including the initial registration fee or registration fee.
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9. Indemnity
You agree to release, indemnify, and hold China-Domain
Corp., in our capacities as the service provider, and our contractors,
agents, employees, officers, directors, shareholders, affiliates and assigns
harmless from all liabilities, claims, damages, costs and expenses, including
reasonable attorneys' fees and expenses, of third parties relating to
or arising from under this Agreement, China-Domain Corp.'s services provided
thereunder or your use of the China-Domain Corp.'s services, including
without limitation infringement or dilution by you, or someone else using
our service(s) from your computer, of any intellectual property or other
proprietary right of any person or entity, or a violation of any of our
operating rules or policies relating to the service(s) provided. When
we are threatened with suit or sued by a third party, we may seek written
assurances from you concerning your promise to indemnify us; your failure
to provide those assurances may be considered by us to be a material breach
of this Agreement.
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10. Breach
10.1. You agree that your failure to abide by any provision
of this Agreement, any China-Domain Corp. operating rule or policy, the
dispute policy, or your willful provision of inaccurate or unreliable
information as part of the application process, or your failure to update
your information to keep it current, complete or accurate, or your failure
to respond for over fifteen (15) calendar days to inquiries from us concerning
the accuracy of the contact details associated with your domain name registration
may be considered by us to be a material breach and that we may provide
a written notice, describing the breach, to you. If within ten (10) calendar
days of the date of such notice, you fail to provide evidence, which is
reasonably satisfactory to us, that you have not breached your obligations
under the Agreement, then we may delete the registration or reservation
of your domain name and/or terminate the other China-Domain Corp.'s service(s)
you are using without further notice.
10.2. We will not refund any fees paid by you if we terminate
your Agreement due to your breach. Any such breach by you shall not be
deemed to be excused simply because we did not act earlier in response
to that, or any other breach, by you.
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11. Representation and warranties
You agree and warrant that: (i) the information that you
or your agent on your behalf provide to us during the application process
to register your domain name or to apply for other China-Domain Corp.'s
service(s) is, to the best of your knowledge and belief, current, accurate
and complete, and that any future changes to this information will be
provided to us in a timely manner according to the modification procedures
in place at that time, (ii) to the best of your knowledge and belief neither
the registration of your domain name and other services nor the manner
in which you intend to use such domain name and other services will directly
or indirectly infringe the legal rights of a third party, (iii) you have
all requisite power and authority to execute this Agreement and to perform
your obligations thereunder, (iv) you have selected the necessary security
option(s) for your domain name registration and other services record,
and (v) you are of legal age to enter into this Agreement. You agree that
your use of our service(s) is solely at your own risk.
You agree that all of our services are provided on an
"as is," and "as available" basis.
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12. Disclaimer and warranties
12.1. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12.2. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET
YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICE(S).
12.3. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR
DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE(S)
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
12.4. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS
ENTERED INTO THROUGH SUCH SERVICES.
12.5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US OR THROUGH OUR SERVICE(S) SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN.
12.6. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
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13. Revocation
13.1. You agree that we may terminate your contractual
right to use our service(s) if the information that you are obligated
to provide to register your domain name or register for other China-Domain
Corp.'s service(s), or that you subsequently modify, contains false or
misleading information, or conceals or omits any information we would
likely consider material to our decision to register your domain name
or to continue to provide you domain name registration services or other
service(s).
13.2. You agree that we may terminate our service(s),
including our domain name registration services, China web site hosting
service, Chinese web site design service, dame name service and other
service(s) in the event that you use such service(s) for any improper
purpose, as determined in our sole discretion.
13.3. Furthermore, you agree that we may suspend, cancel
or transfer your domain name registration services in order to: (i) correct
mistakes made by us or the registry in registering your chosen domain
name, or (ii) to resolve a dispute under our dispute policy. We will not
refund any fees paid by you if we terminate your services.
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14. Right of refusal
14.1. We, in our sole discretion, reserve the right to
refuse to register your chosen domain name or register you for other China-Domain
Corp.'s service(s), or to delete your domain name within the first thirty
(30) calendar days from receipt of your payment for such services. In
the event we do not register your domain name or register you for other
China-Domain Corp.'s ' service(s), or we delete your domain name or other
China-Domain Corp.'s ' service(s) within such thirty (30) calendar day
period, we agree to refund any applicable fee(s) you have paid.
14.2. You agree that we shall not be liable to you for
loss or damages that may result from our refusal to register, the deletion
your domain name or refusal to register you for other China-Domain Corp.'s
service(s).
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15. Severability
You agree that the terms of this Agreement are severable.
If any term or provision is declared invalid or unenforceable, that term
or provision will be construed consistent with applicable law as nearly
as possible to reflect the original intentions of the parties, and the
remaining terms and provisions will remain in full force and effect.
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16. Entirety
You agree that this Service Agreement, the rules and policies
published by us, the Domain Name Dispute and Resolution Policy and the
Privacy Statement and their corresponding amendments are the complete
and exclusive agreement between you and us regarding our services. This
Agreement, our rules and policies, the Domain Name Dispute and Resolution
Policy and the Privacy Statement and their corresponding amendments supersede
all prior agreements and understandings, whether established by custom,
practice, policy or precedent.
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17. Non-assignment
Your rights under this Agreement are not assignable. Any
attempt by you to assign your rights shall render this Agreement voidable
at our option. Any attempt by your creditors to obtain an interest in
your rights under this Agreement, whether by attachment, garnishment or
otherwise, shall render this Agreement avoidable at our option.
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18. Governing law
You agree that this Agreement and any disputes thereunder
shall be governed in all respects by and construed in accordance with
the laws of the People's Republic of China, excluding its conflict of
laws rules and any lawsuit regarding the service(s) should be brought
to the court in the People's Republic of China.
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19. Agreement to be bound
By applying for a China-Domain Corp.'s service(s) through
our online application process or by applying for and registering a domain
name as part of our e-mail template application process or by using the
service(s) provided by China-Domain Corp. under this Agreement, you acknowledge
that you have read and agree to be bound by all terms and conditions of
this Agreement and any pertinent rules or policies that are or may be
published by China-Domain Corp.
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20. Email service
You must: (1) provide all equipment, including a computer
and modem, necessary to establish a connection to the Internet; and (2)
provide for your own connection to the Internet and pay any telephone
service fees or other service fees associated with such connection. China-Domain
Corp. has set no fixed upper limit on the number of messages you may send
; however, China-Domain Corp. retains the right, at China-Domain Corp.'s
sole discretion, to restrict the volume of messages sent to us by you
in order to maintain the quality of our services to other customers and
to protect our computer systems. We, in our sole discretion, will determine
whether or not your conduct is consistent with this Agreement and any
China-Domain Corp.'s operating rules or policies.
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21. Customer conduct
21.1. You are solely responsible for the actions which
you take covering the period you hold contractual service(s) with China-Domain
Corp. You agree to comply with all applicable local, state, national and
international laws and regulations regarding your use of China-Domain
Corp.'s service(s).
21.2. You agree under this service agreement:
- Comply with laws of People's Replace of China regarding the transmission
of technical data exported from the People's Republic of China through
Email service or other service(s) provided by China-Domain Corp.
- Comply with other international laws or regulations governing the
services provided by China-Domain Corp.
- Not to use China-Domain Corp.'s service(s) for illegal purposes
- Not to interfere with or disrupt networks of China-Domain Corp.
- Not to use China-Domain Corp.'s service(s) to take any action which
will violate any national and international laws or publish any unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any kind or nature.
21.3. You further agree not to use China-Domain Corp.'s
service(s) to transmit any material that encourages conduct that could
constitute a criminal offense, gives rise to civil liability or otherwise
violates any applicable local, state, national or international law or
regulation. China-Domain Corp. does not assume any obligation to monitor
the content of such material. The content may be deemed by us to be unsuitable
if, in our view, it:
- Contains, promotes or links to sexually explicit or violent material
- Promotes, depicts or links to material that promotes or depicts discrimination
based on race, gender, religion, national origin, physical or mental
disability, sexual orientation, or age
- Contains unlawful material, including but not limited to materials
that may violate other intellectual property rights, or links to a site
that contains such material
- Contains information or promotes or links to a site that provides
information regarding or promoting illegal activity
- Is considered by us or any person with access to such content to be
obscene, lewd, lascivious, filthy, excessively violent, harassing or
otherwise objectionable, whether or not such material is constitutionally
protected
- Is deemed by us to be unsuitable for any other reason.
21.4. You understand that we reserve the right to conclude
the content unsuitable in accordance with our standards, and we may come
to such a conclusion even if it is based upon our opinion or mere suspicion
or belief, without any duty to prove that our opinion or suspicion is
well-founded and even if our opinion or suspicion is proven not to be
well-founded or if we provide other customers service(s) despite their
web pages having the same or similar characteristics as yours.
21.5. You agree not to interfere with another customer's
use and enjoyment of China-Domain service(s) or another entity's use and
enjoyment of similar services.
21.6. China-Domain Corp. may, at its sole discretion,
reserve the right to immediately suspend or terminate your service(s)
if your conduct fails to conform with these terms and conditions with
no obligation to refund fees paid.
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22. Domain name disputes
22.1. You agree that, if your use of our domain name registration services
is challenged by a third party, you will be subject to the provisions
specified in our dispute policy in effect at the time of the dispute.
You agree that in the event a domain name dispute arises with any third
party, you will indemnify and hold us harmless pursuant to the terms and
conditions set forth below in this Agreement. If we are notified that
a complaint has been filed with a judicial or administrative body regarding
your use of our domain name registration services, you agree not to make
any changes to your domain name record without our prior approval. We
may not allow you to make changes to such domain name record until
- We are directed to do so by the judicial or administrative body
- We receive notification by you and the other party contesting your
registration and use of our domain name registration services that the
dispute has been settled.
22.2. Furthermore, you agree that if you are subject to
litigation regarding your registration and use of our domain name registration
services, we may deposit control of your domain name record into the registry
of the judicial body by supplying a party with a registrar certificate
from us.
22.3. In the event of a .cn domain name dispute or a domain
name in chinese dispute arises with any third party, the dispute must
be settled down or resolved in mainland China territory and in accordance
with Chinese laws.
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23. Supplementary regulation about
.cn domain name
- Domain name applicants should be legally registered organizations,
not individual applicants. Contact person in the application forms means
representatives from organization. Executor of registration also means
representatives of organizations.
- Requirements on foreign companies or institutes
- They should have branches or rep. offices inside China (including
main land China, Hongkong, Macao and Taiwan). The applicant and
domain name owner should be branches or rep offices inside China.
- Its main domain name server should be inside China.
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Section 2: PRIVACY STATEMENT
- General statement
- Purpose of privacy statement
- The information requirement and use
- Information disclosure
- Information storage, processing and security
- Modification of privacy statement
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1. General statement
China-Domain Corp. respects your individual privacy and
has adopted this Privacy Statement, which embodies our commitment to the
protection of your privacy through adherence to fair electronic information
practices.
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2. Purpose of privacy statement
This Privacy Statement protects your privacy by:
- Informing you that the types of personal information China-Domain
Corp. collects; the way it collects such information; the general purposes
for which it collects such information; the types of organizations to
which and the condition under which it discloses the information; the
choices and means by which individuals may limit its use and disclosure.
- Empowering you to choose whether and how certain personal information
you provide is used; and whether and the manner in which a third party
uses certain personal information you provide.
- Assuring you that China-Domain Corp. takes reasonable precautions
to protect personal information from loss, misuse, unauthorized access,
disclosure, alteration or destruction; implements reasonable policies
and procedures to ensure that personal information is kept only for
the purposes for which it has been gathered; uses reasonable measures
to ensure that we have accurately and completely recorded the personal
information you have provided; and provides you reasonable access to
your personal information as well as procedures for correcting or modifying
that information where appropriate.
- Ensuring accountability to individuals who believe that China-Domain
Corp. has not complied with these privacy principles.
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3. The information requirement and
use
3.1. The information, you are requested to provide when
you perchase our service(s) in the process of registration, is obligatory
unless otherwise noted on the relevant form. We may solely rely on such
information to communicate with you about your account, technical questions
you may have about services provided by us, or about any other matter
relating to those services. Those communications are essential to our
relationship with you and to our ability to provide you with quality services
that are responsive to your needs.
3.2. We use information about you only for the purposes
of monitoring and improving our internal operations, as well as to ensure
that we:
- Bill you properly
- Administer your account in accordance with your agreements with us
- Properly perform the services you have requested.
We also use the information we collect to monitor and
improve our internal operations, as well as to improve the experience
of users in our network of sites.
3.3. We use the information we collect to direct important
notices and information affecting your account or services, as well as
to provide general information that may be of interest to you, and information
about our services or product offerings or the offerings of our business
affiliates. You may opt out of receiving information from us simply by
notifying us of your desire in accordance with the opt-out instructions
contained in any information message you receive from us. Note, however,
that in order to fulfill our service obligations to you, we must continue
sending you notices and other important information affecting your account
or services.
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4. Information disclosure
4.1. China-Domain Corp. will not monitor, edit or disclose
the contents of your private communications, which is not associated with
our services, with third parties unless we are required to do so by law
or in the good faith belief or in public interest that such action is
necessary to:
- Conform to the law or comply with legal process served on China-Domain
Corp.
- Protect and defend the rights or property of China-Domain Corp.
- Act under exigent circumstances to protect the personal safety of
our customers or the public.
4.2. Subject to the requirements of our privacy statement,
in order for us to comply with the current rules and policies for the
domain name system, you hereby grant to China-Domain Corp. the right to
disclose to third parties through an interactive publicly accessible registration
database the following mandatory information that you are required to
provide when registering or reserving a domain name:
- The domain name(s) registered by you
- Your name and postal address
- The name(s), postal address(es), e-mail address(es), voice telephone
number and where available the fax number(s) of the technical and administrative
contacts for your domain name(s)
- The Internet protocol numbers of the primary name server and secondary
name server(s) for such domain name(s)
- The corresponding names of those name server(s); (vi) the original
creation date of the registration
- The expiration date of the registration.
4.3. We, as are all accredited domain name registration
service provider, are also required to make this information available
in bulk form to third parties who agree not to use it to (a) allow, enable
or otherwise support the transmission of mass unsolicited, commercial
advertising or solicitations via e-mail (spam) or (b) enable high volume,
automated, electronic processes that apply to our systems to register
domain names.
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5. Information storage , processing
and security
5.1. The information we receive from or about you is stored
on systems designed to prevent the loss, misuse, unauthorized access,
disclosure, alteration or destruction of that information. We also encrypt
your transmission of sensitive information to us (e.g., credit card numbers,
account passwords) in the interest of heightened privacy protection and
information integrity.
5.2. The unauthorized access or use of such information
by a China-Domain Corp.'s employee is prohibited and constitutes grounds
for disciplinary action. Additionally, our information management systems
are configured in such a way as to block or inhibit employees from accessing
information that they have no authority to access.
5.3. You acknowledge and agree that China-Domain Corp. neither endorses
the contents of any of your communications nor assumes responsibility
for such content, including but not limited to any threatening, libelous,
obscene, harassing or offensive material contained therein, any infringement
of third party intellectual property rights arising therefrom or any crime
facilitated thereby.
5.4. You acknowledge and agree that certain technical processing of e-mail
messages and their content may be required to:
- Send and receive messages
- Conform to connecting networks' technical requirements
- Conform to the limitations of the dot com mail service
- Conform to other similar requirements.
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6. Modification of privacy statement
6.1. You agree that we, in our sole discretion, may modify
our privacy statement. We will post such revised statement on our Web
site at http://www.China-Domain.net/English/service_term.html#privacy_modification,
giving not less than thirty (30) calendar days notice through email before
it becomes effective. You agree that, by using our services after modifications
to the privacy statement become effective, you have agreed to these modifications.
6.2. You acknowledge that if you do not agree to any such
modification, you may terminate this Agreement. We will not refund any
fees paid by you if you terminate your Agreement with us. We will not
process the personal data that we collect from you in a way incompatible
with the purposes and other limitations described in our privacy statement
and we will take reasonable precautions to protect your personal data
from loss, misuse and unauthorized access, disclosure, alteration or destruction.
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Section 3: DOMAIN NAME DISPUTE
AND RESOLUTION POLICY
- Purpose
- Your representation
- Cancellations, Transfers, and Changes
- Mandatory Administrative Proceeding
- All Other Disputes and Litigation
- Our Involvement in Disputes
- Maintaining the Status Quo
- Transfers During a Dispute
- Policy Modifications
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1. Purpose
This Uniform Domain Name Dispute Resolution Policy (the
"Policy") has been adopted by the Internet Corporation for Assigned Names
and Numbers ("ICANN"), is incorporated by reference into your Registration
Agreement, and sets forth the terms and conditions in connection with
a dispute between you and any party other than us (the registrar) over
the registration and use of an Internet domain name registered by you.
Proceedings under Paragraph 4 of this Policy will be conducted according
to the Rules
for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"),
which are available at http:// www.icann.org/udrp/udrp-rules-24oct99.htm,
and the selected administrative-dispute-resolution service provider's
supplemental rules.
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2. Your Representations
By applying to register a domain name, or by asking us
to maintain or renew a domain name registration, you hereby represent
and warrant to us that
- The statements that you made in your Registration Agreement are complete
and accurate;
- To your knowledge, the registration of the domain name will not infringe
upon or otherwise violate the rights of any third party;
- You are not registering the domain name for an unlawful purpose; and
- You will not knowingly use the domain name in violation of any applicable
laws or regulations.
It is your responsibility to determine whether your domain
name registration infringes or violates someone else's rights.
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3. Cancellations, Transfers,
and Changes
We will cancel, transfer or otherwise make changes to
domain name registrations under the following circumstances:
- Subject to the provisions of Paragraph 8, our receipt of written or
appropriate electronic instructions from you or your authorized agent
to take such action;
- Our receipt of an order from a court or arbitrate tribunal, in each
case of competent jurisdiction, requiring such action; and/or c. our
receipt of a decision of an Administrative Panel requiring such action
in any administrative proceeding to which you were a party and which
was conducted under this Policy or a later version of this Policy adopted
by ICANN. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes
to a domain name registration in accordance with the terms of your Registration
Agreement or other legal requirements.
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4. Mandatory Administrative Proceeding
This Paragraph sets forth the type of disputes for which
you are required to submit to a mandatory administrative proceeding. These
proceedings will be conducted before one of the administrative-dispute-resolution
service providers listed at www.icann.org/udrp/approved-providers.htm
(each, a "Provider").
- Applicable Disputes You are required to submit to a mandatory
administrative proceeding in the event that a third party (a "complainant")
asserts to the applicable Provider, in compliance with the Rules of
Procedure, that (i) your domain name is identical or confusingly similar
to a trademark or service mark in which the complainant has rights;
and (ii) you have no rights or legitimate interests in respect of the
domain name; and (iii) your domain name has been registered and is being
used in bad faith. In the administrative proceeding, the complainant
must prove that each of these three elements are present.
- Evidence of Registration and Use in Bad Faith For 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 and use of a domain name in bad faith: (i) circumstances
indicating that you have registered or you have acquired the domain
name primarily for the purpose of selling, renting, or otherwise transferring
the domain name registration to the complainant who is the owner of
the trademark or service mark or to a competitor of that complainant,
for valuable consideration in excess of your documented out-of-pocket
costs directly related to the domain name; or (ii) you have registered
the domain name in order to prevent the owner of the trademark or service
mark from reflecting the mark in a corresponding domain name, provided
that you have engaged in a pattern of such conduct; or (iii) you have
registered the domain name primarily for the purpose of disrupting the
business of a competitor; or (iv) by using the domain name, you have
intentionally attempted to attract, for commercial gain, Internet users
to your web site or other on-line location, by creating a likelihood
of confusion with the complainant's mark as to the source, sponsorship,
affiliation, or endorsement of your web site or location or of a product
or service on your web site or location.
- How to Demonstrate Your Rights to and Legitimate Interests in the
Domain Name in Responding to a Complaint When you receive a complaint,
you should refer to Paragraph 5 of the Rules of Procedure in determining
how your 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
your rights or legitimate interests to the domain name for purposes
of Paragraph 4(a)(ii): (i) before any notice to you of the dispute,
your use of, or demonstrable preparations to use, the domain name or
a name corresponding to the domain name in connection with a bona fide
offering of goods or services; or (ii) you (as an individual, business,
or other organization) have been commonly known by the domain name,
even if you have acquired no trademark or service mark rights; or (iii)
you are making a legitimate noncommercial or fair use of the domain
name, without intent for commercial gain to misleadingly divert consumers
or to tarnish the trademark or service mark at issue.
- 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).
- Initiation of Proceeding and Process and Appointment of Administrative
Panel The Rules of Procedure state the process for initiating and
conducting a proceeding and for appointing the panel that will decide
the dispute (the "Administrative Panel").
- Consolidation In the event of multiple disputes between you
and a complainant, either you or the complainant may petition to consolidate
the disputes before 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
before it any or all such disputes in its sole discretion, provided
that the disputes being consolidated are governed by this Policy or
a later version of this Policy adopted by ICANN.
- Fees All fees charged by a Provider in connection with any
dispute before an Administrative Panel pursuant to this Policy shall
be paid by the complainant, except in cases where you elect to expand
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 and the complainant.
- Our Involvement in Administrative Proceedings We do not, and
will not, participate in the administration or conduct of any proceeding
before an Administrative Panel. In addition, we will not be liable as
a result of any decisions rendered by the Administrative Panel.
- Remedies The remedies available to a complainant pursuant to
any proceeding before an Administrative Panel shall be limited to requiring
the cancellation of your domain name or the transfer of your domain
name registration to the complainant.
- Notification and Publication The Provider shall notify us of
any decision made by an Administrative Panel with respect to a domain
name you have registered with us. All decisions under this Policy will
be published in full over the Internet, except when an Administrative
Panel determines in an exceptional case to redact portions of its decision.
- Availability of Court Proceedings The mandatory administrative
proceeding requirements set forth in Paragraph 4 shall not prevent either
you or the complainant from submitting the dispute to a court of competent
jurisdiction for independent resolution before such mandatory administrative
proceeding is commenced or after such proceeding is concluded. If an
Administrative Panel decides that your domain name registration should
be canceled or transferred, we will wait ten (10) business days (as
observed in the location of our principal office) after we are informed
by the applicable Provider of the Administrative Panel's decision before
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 or of your address as
shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the
Rules of Procedure for details.) If we receive such documentation within
the ten (10) business day period, we will not implement the Administrative
Panel's decision, and we will take no further action, until we receive
(i) evidence satisfactory to us of a resolution between the parties;
(ii) evidence satisfactory to us that your lawsuit has been dismissed
or withdrawn; or (iii) a copy of an order from such court dismissing
your lawsuit or ordering that you do not have the right to continue
to use your domain name.
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5. All Other Disputes and Litigation
All other disputes between you and any party other than
us regarding your domain name registration that are not brought pursuant
to the mandatory administrative proceeding provisions of Paragraph 4 shall
be resolved between you and such other party through any court, arbitration
or other proceeding that may be available.
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6. Our Involvement in Disputes
We will not participate in any way in any dispute between
you and any party other than us regarding the registration and use of
your domain name. You shall not name us as a party or 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 and all defenses
deemed appropriate, and to take any other action necessary to defend ourselves.
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7. Maintaining the Status Quo
We will not cancel, transfer, activate, deactivate, or
otherwise change the status of any domain name registration under this
Policy except as provided in Paragraph 3 above.
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8. Transfers During a Dispute
a. Transfers of a Domain Name to a New Holder. You may
not transfer your domain name registration to another holder (i) during
a pending administrative proceeding brought pursuant to Paragraph 4 or
for a period of fifteen (15) business days (as observed in the location
of our principal place of business) after such proceeding is concluded;
or (ii) during a pending court proceeding or arbitration commenced regarding
your 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 or arbitrator. We reserve the right to cancel any transfer of
a domain name registration to another holder that is made in violation
of this subparagraph. b. Changing Registrars. You may not transfer your
domain name registration to another registrar during a pending administrative
proceeding brought pursuant to Paragraph 4 or for 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 your domain name registration to another registrar during a pending
court action or arbitration, provided that the domain name you have registered
with us shall continue to be subject to the proceedings commenced against
you in accordance 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 or arbitration, such dispute shall remain subject to the domain
name dispute policy of the registrar from which the domain name registration
was transferred.
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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 on our we site at: http://www.China-Domain.net/English/service_term.html#dispute_modification
at least thirty (30) calendar days before 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 before, on or after the effective date
of our change. In the event that you object to a change in this Policy,
your sole remedy is to cancel your 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 your domain name
registration.
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Section 4: Modification
of Service Term and Condition
- Modification of Service Agreement
- Modification of Privacy Statement
- Modification of Domain Name Dispute
and Resolution Policy
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