1. Introduction
This Registration Agreement ("Agreement") sets forth the terms and
conditions of your use of the domain name registration services of
OnlineNIC to register an Internet domain name , as well as your
registration of that domain name. To complete the registration process,
you must acknowledge that you have read, understood, and agree to be bound
by all terms and conditions of this Agreement, the accompanying fee
schedule, dispute policy and any rules or policies that are or may become
effective when published by OnlineNIC. This Agreement will become
effective if accepted by OnlineNIC. OnlineNIC is an accredited registrar
with the Internet Corporation for Assigned Names and Numbers ("ICANN")
under an agreement between OnlineNIC and ICANN ("ICANN Agreement"). You
acknowledge that OnlineNIC may modify this Agreement if necessary to
comply with its ICANN Agreement, or otherwise.
2. Selection of a Domain Name
We do not check to see whether the domain name you select, or the use you
make of the domain name, infringes legal rights of others. We urge you to
investigate to see whether the domain name you select or its use infringes
legal rights of others, and in particular we suggest you seek advice of
competent counsel. You may wish to consider seeking one or more trademark
registrations in connection with your domain name. You should be aware
that there is the possibility we might be ordered by a court to cancel,
modify, or transfer your domain name. You should be aware that if we are
sued or threatened with lawsuit in connection with your domain name, we
may turn to you to hold us harmless and indemnify us, pursuant to the
indemnification provision below.
3. Fees and Payment
As consideration for the domain name registration services provided by
OnlineNIC to you, you agree to pay OnlineNIC, at the time of submitting
your application for registration, all applicable initial registration
fees and renewal fees in accordance with OnlineNIC's fee schedule
published at OnlineNIC's website. All fees are non-refundable, in whole or
in part, even if your domain name registration is suspended, cancelled or
transferred prior to the end of the registration term. You will be
notified when renewal fees are due, and it shall be your responsibility to
ensure that such fees are paid. Should these fees go unpaid by the time
specified in the renewal notice, your registration will be cancelled. You
agree that OnlineNIC shall have no liability whatsoever with respect to
any such cancellation.
4.Charge Backs
You agree that you will lose all rights upon the selected domain name in
case of a charge back by your credit card company, credit card fraud or
any other reserved payment. OnlineNIC will decide at his sole discretion
whether to hold the name in his own portfolio or to release it for use by
others.
5. Dispute Policy
You agree to be bound by the current Uniform Domain Name Dispute Resolution
Policy ("Dispute Policy") which is incorporated into this Agreement by
reference and made a part of this Agreement. Any disputes regarding the
right to use your domain name will be subject to the Dispute Policy
provisions in effect at the time your domain name registration is disputed
by a third party, in the event such a dispute arises. You also agree that,
in the event a domain name dispute arises with any third party, you will
indemnify and hold OnlineNIC harmless pursuant to the terms and conditions
contained in the Dispute Policy. OnlineNIC may modify the Dispute Policy
with the permission of ICANN at any time. Your continued registration of
your domain name after modification to the Dispute Policy becomes
effective constitutes your acceptance of those modifications. If you do
not agree to such a modification, you may request that your domain name be
deleted.
6. Use of Your Information
As part of the registration process, you are required to provide certain
information and to update this information to keep it current, complete
and accurate. This information includes (i) your full name, postal
address, e-mail address, voice telephone number, and fax number if
available; (ii) the name of an authorized person for contact purposes in
the case of a registrant that is an organization, association, or
corporation; (iii) the IP addresses of the primary nameserver and any
secondary nameservers for the domain name; (iv) the corresponding names of
those nameservers; (v) the full name, postal address, e-mail address,
voice telephone number, and fax number if available of the technical
contact for the domain name; (vi) the full name, postal address, e-mail
address, voice telephone number, and fax number if available of the
administrative contact for the domain name; (vii) the name, postal
address, e-mail address, voice telephone number, and fax number if
available of the zone contact for the domain name; and (viii) any remark
concerning the registered domain name that should appear in the Whois
data. You agree and acknowledge that when you renew your domain name
registration, the type of information you are required to provide may have
changed. If you do not wish to provide the new required information, your
registration may not be renewed. You acknowledge that willfully providing
inaccurate information or willfully failing to update information promptly
will constitute a material breach of this Agreement and will be a basis
for cancellation of your domain name. If you license use of a domain name
to a third party, you are nonetheless the holder of record of the domain
name and are responsible for providing your own full contact information
and for providing and updating accurate technical, administrative, and
zone contact information. You further agree that your failure to respond
for over fifteen (15) calendar days to inquiries by OnlineNIC concerning
the accuracy of contact details associated with your registration shall
constitute a material breach of this Agreement and will be sufficient
basis for cancellation of your domain name registration. You acknowledge
that OnlineNIC will make some of the information that you provide during
the registration process publicly available as required by ICANN.
Additionally, you acknowledge that ICANN may impose guidelines, limits
and/or requirements that relate to the amount and type of information that
OnlineNIC may or must make available to the public or to private entities.
OnlineNIC will not otherwise disclose your information to any third party
unless it is required to maintain your domain name. You may request a copy
of your information in OnlineNIC's possession to review, modify or update
such information.
7. Use Policies
OnlineNIC, Inc. will suspend or stop the use of the domain name including
(but not limited to) modifying DNS, modifying registration information or
delete domain name without further notice, no refund of the registration
fee or renewal fee if(1)a registered domain name is purposely used to send
out mass spams like mass unsolicited, commercial advertising or
solicitations and so on, (2)or used to send out retroactive, pornographic
or other harmful emails that violate the country laws and rules, (3)or
used to receive the returned emails of the above emails, (4)or used to
resolve, point or forward to the website with harmful information that
violate the country laws and rules, (5)or used to do other illegal
actions.
8. Agents and Licenses
You agree that, if your domain name is registered on your behalf by anyone
acting as your agent (e.g., an Internet Service Provider, employee, etc.),
you are nonetheless bound as a principal by all terms and conditions
provided herein, including the Dispute Policy. You agree that if you
license the use of your domain name to a third party, you remain the
domain name holder, and remain responsible for all obligations under this
Agreement.
9. Limitation of Liability
YOU AGREE THAT ONLINENIC WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR
ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN
NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO ONLINENIC'S REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR
MISDELIVERY OF DATA BETWEEN YOU AND ONLINENIC; (e) EVENTS BEYOND
ONLINENIC'S REASONABLE CONTROL; (f) THE PROCESSING OF THIS APPLICATION;
(g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR
DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES
HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER,
ONLINENIC WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF
THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, EVEN IF ONLINENIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL ONLINENIC'S MAXIMUM LIABILITY EXCEED THE TOTAL
AMOUNT PAID BY YOU TO ONLINENIC FOR REGISTRATION OF YOUR DOMAIN NAME
DURING THE PRIOR 3 YEARS UNDER THE TERMS OF THIS AGREEMENT. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS
LIMITED TO THE EXTENT PERMITTED BY LAW.
10. Indemnification
You agree to defend, indemnify and hold harmless OnlineNIC and any
applicable domain name Registry, including Network Solutions Inc.,and the
directors, officers, employees and agents of each of them, for any loss,
damages or costs, including reasonable attorneys' fees, resulting from any
third party claim, action, or demand related to your domain name or the
use thereof. This indemnification is in addition to any indemnification
required under the Dispute Policy.
11. Representations and Warranties
You represent and warrant that, to the best of your knowledge and belief,
neither the registration of the domain name nor the manner in which it is
directly or indirectly used infringes the legal rights of a third party.
You further represent and warrant that all information provided by you in
connection with your registration is complete and accurate. OnlineNIC
makes no representations or warranties of any kind that registration or
use of a domain name under this Agreement will protect you either from
challenges to your domain name registration or from suspension,
cancellation or transfer of the domain name registered to you.
12. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must be remedied
by you within 30 days of notice by OnlineNIC. If you fail to cure the
breach, OnlineNIC may suspend, cancel, transfer or modify your
registration of the domain name. You further acknowledge and agree that
your registration of a domain name is subject to suspension, cancellation
or transfer by any ICANN procedure, by any registrar (including OnlineNIC)
or registry administrator procedures approved by an ICANN-adopted policy,
or by any other TLD registry administrator procedures as the case may be,
(a) to correct mistakes by OnlineNIC, another registrar or the registry
administrator in administering the name or (b) for the resolution of
disputes concerning the domain name. You also agree that OnlineNIC shall
have the right in its sole discretion to suspend, cancel, transfer, or
otherwise modify a domain name registration upon seven (7) calendar days
prior written notice, or at such time as OnlineNIC receives a properly
authenticated order from a court of competent jurisdiction, or arbitration
award, requiring the suspension, cancellation transfer or modification of
the domain name registration.
13. Change in Registrar
NSI policy permits Registrant to change its Registrar for an existing
domain name. You agree that you can change the Registrar only in
accordance with the policy or other policy from time to time provided by
ICANN. The policy provides: (a). Each change of Registrar requires you to
enter into a new two year Registration Agreement and to pay the
appropriate registration fee;(b). You obtains no refund of any part of the
fee paid to existing Registrar.
14. Notices
You agree that any notices required to be given under this Agreement by
OnlineNIC will be deemed to have been given if delivered in accordance
with the contact information you have provided.
15. Severability
You agree that the terms of this Agreement are severable. If any term or
provision is declared invalid or unenforceable, it shall not affect the
remaining terms or provisions, which shall continue to be binding.
16.Governing Law
This Agreement, your rights and obligations and all actions contemplated by
this Agreement shall be governed by the laws of the United States of
America and the State of California, except as may be set forth in the
Dispute Policy. Except as otherwise set forth in the Dispute Policy with
respect to disputes, any action to enforce this Agreement or any matter
relating to your use of the OnlineNIC site shall be brought exclusively in
the United State District Court for the District of California.
Notwithstanding the foregoing, for the adjudication of disputes concerning
or arising from use of domain names registered hereunder, you acknowledge
and agree that you shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts (a) of the
domain name holder's domicile, and (b) where OnlineNIC, Inc. is located.
17. General
This Agreement, the OnlineNIC fee schedule and the Dispute Policy, together
with all amendments or modifications to any of them, constitute the
complete and exclusive agreement between you and OnlineNIC, and supersede
and govern all prior proposals, agreements, or other communications.
Nothing contained in this Policy shall be construed as creating any
agency, partnership, or other form of joint enterprise between the
parties. The failure of OnlineNIC to require your performance of any
provision hereof shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver by OnlineNIC of a
breach of any provision hereof be taken or held to be a waiver of the
provision itself. In the event that any provision of this Agreement shall
be unenforceable or invalid under any applicable law or be so held by
applicable court decision, such unenforceability or invalidity shall not
render this Agreement unenforceable or invalid as a whole. OnlineNIC will
amend or replace such provision with one that is valid and enforceable and
which achieves, to the extent possible, the original objectives and intent
of OnlineNIC as reflected in the original provision. No provision of this
Agreement, including the OnlineNIC fee schedule and the Dispute Policy,
may not be amended or modified by you except by means of a written
document signed by OnlineNIC.