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DOMAIN REGISTRANT AGREEMENT
发布时间:2019-11-09文章来源:行业新闻 点击次数:1291次


DOMAIN REGISTRANT AGREEMENT

This DOMAIN REGISTRANT AGREEMENT ("Agreement") is by

and between TOPNETS GROUP LIMITED (“Registrar”) and YOU

("you", "your" or "Registrant")________________________[Registrant

Name], and should be deemed made on_____________________________.


1. DEFINITIONS

(1) "Business Day" refers to a working day between Mondays to Friday

excluding all Public Holidays.

(2) "Communications" refers to date, time, content, including content in any link

between Registrar, and the Registrant, and any Artificial Juridical Person,

Company, Corporation, Enterprise, Firm, Individual, Institute, Institution,

Organization, Person, Society, Trust or any other Legal Entity acting on their

behalf.

(3) "Customer" refers to the customer of the Order as recorded in the Domain

Registration System Database.

(4) "Domain Registration System" refers to the set of Servers, Software,

Interfaces, Registrar Products and API or EPP that is provided for use

directly or indirectly under this Agreement by Registrar and/or its Service

Providers.

(5) "Domain Registration System Database" is the collection of data elements

stored on the Domain Registration System Servers.

(6) "Domain Registration System Servers" refer to Machines / Servers that

Registrar or its Service Providers maintain to fulfill services and operations

of the Domain Registration System

(7) "Domain Registration System User" refers to the Customer and any Agent,

Employee, Contractee of the Customer or any other Legal Entity that has

been provided access to the "Domain Registration System" by the Customer,

directly or indirectly.

(8) "Registrar" refers to the Registrar of record as shown in a Whois Lookup for

the corresponding Order at the corresponding Registry Operator.

(9) "Registrar Products" refer to all Products and Services of Registrar which it

has provided or is providing.

(10) "Registrar Servers" refer to web servers, Mailing List Servers, Database

Servers, Domain Registration System Servers, Whois Servers and any other

Machines / Servers that Registrar or its Service Providers Operate, for the

Domain Registration System, the Registrar Website, the Registrar Mailing

Lists, Registrar Products and any other operations required to fulfill services

and operations of Registrar.

(11) "Registrar Website" refers to the website of registrar.

(12) "Registry Operator" refers individually and collectively to any Artificial

Juridical Persons, Company, Concern, Corporation, Enterprise, Firm,

Individual, Institute, Institution, Organization, Person, Society, Trust or any

other Legal Entity that is involved in the management of any portion of the

registry of the TLD, including but not limited to policy formation, technical

management, business relationships, directly or indirectly as an appointed

contractor;

(13) "Service Providers" refers individually and collectively to any Artificial

Juridical Persons, Company, Concern, Corporation, Enterprise, Firm,

Individual, Institute, Institution, Organization, Person, Society, Trust or any

other Legal Entity that the Customer and/or Registrar and/or Service

Providers (recursively) may, directly or indirectly, Engage / Employ /

Outsource / Contract for the fulfillment / provision / purchase of Registrar

Products, Domain Registration System, and any other services and

operations of Registrar.

(14) "Whois" refers to the public service provided by Registrar and Registry

Operator whereby anyone may obtain certain information associated with

the Order through a "Whois Lookup"

(15) "Whois Record" refers to the collection of all data elements of the Order,

specifically its Registrant Contact Information, Administrative Contact

Information, Technical Contact Information, Billing Contact Information,

Nameservers if any, its Creation and Expiry dates, its Registrar and its

current Status in the Registry.


2. OBLIGATIONS AND RIGHTS OF THE REGISTRANT

(1) The Registrant agrees to provide, maintain and update, current, complete

and accurate information of the Whois Record and all the data elements

about the Order in the Domain Registration System Database during the

term of the Order. The Registrant agree to provide accurate contact

information of Authorized Representatives and necessary assistance to

Registrar.

(2) Registrant agrees that provision of inaccurate or unreliable information,

and/or Registrant's failure to promptly update information, or non-receipt

of a response for over five (5) calendar days to inquiries sent to the email

address of the Registrant or any other contact listed for the Order in the

Domain Registration System database concerning the accuracy of contact

information associated with the Order shall be constituted as a breach of this

Agreement and a basis for freezing, suspending, or deleting that Order.

(3) The Registrant acknowledges that in the event of registration of the certain

foreign domains which require local individual or corporation information,

Registrant shall provide accurate and complete information. If Registrant is

unable to provide the required local information, Registrar will assist

Registrant to provide local information via cooperated foreign company,

and Registrant will own the right to use and manage domain names, but not

ownership.

(4) The Registrant acknowledges that the order of registering domain names

shall not infringe upon legitimate rights, including but not limited to, the

name rights and trademark rights and other domain name rights, of

Registrar and any third party. The Registrant will take sole responsibilities if

the order of registering domain names infringe upon legitimate rights of

Registrar and any third party.

(5) The Registrant shall comply with all terms or conditions established by

Registrar, Registry Operator and/or Service Providers from time to time. The

Registrant must comply with all applicable terms and conditions, standards,

policies, procedures, and practices laid down by ICANN and the Registry

Operator.

(6) The Registrant acknowledges that the success of registration or renewal of

domain names is determined by the application, application time,

application data and so on. Registrar provide service about relevant

formalities as an agent and not guarantee any success of registration and

renewal of domain names.

(7) The Registrant acknowledges that in the event of the rules and requirements

of registration and renewal differ from different countries and areas from

time to time, the information and documents about registration and renewal

of domain names in Registrar websites are as reference but not legitimate

basis.

(8) The Registrant acknowledges that the success of registration and renewal is

determined by authority registry, and the status of domain names in

background Domain Registration System of Registrar is for reference.

(9) The Registrant shall provide the required fees and data in the terms of

Agreement to Registrar. The Registrant agree that the unpaid fees and

inaccurate and incomplete data shall be constituted as a breach of this

Agreement and a basis for freezing, suspending, or deleting that Order.


3.OBLIGATIONS AND RIGHTS OF REGISTRAR

(1) The Registrar provide services to assist Registrant to register, renew, change

information and holder and registrar as an agent. The Registrar agree to

submit required data and assist Registrant to pay fees, and provide DNS and

DNS Service for domain names registered successfully.

(2) The Registrar shall not guarantee the ordered domain names will be

registered and renewed successfully in any stated and implied expression.

The Registrar shall guarantee to refund full fees in time for domain names

registered and renewed unsuccessfully.

(3) The Data about The Registration or Renewal Application submitted by

Registrar who is authorized by Registrant, is based on timely search results

and query and registration condition in Domain Management Registry. But

there is no guarantee that the domain names can be able to registered

successfully based on timely data from search and query in Domain

Management Registry.

(4) The Registrar shall immediately register domain names for Registrant after

the acceptance of payment, and complete related registration work within 3

working days for the domain name registered in real time.The Registration

time in longer for the countries or regions requiring data verification and

qualified examination. The registration time shall prevailed by the time on

domain names actually registered.

(5) The Registrar shall take no responsibility in the event of the Registrant

Registration Disputes caused by Registry Operator or Service Provider, and

the domain names are preempted by third party after payment to Registry

Operator and check in successful registration status.

(6) Registrar may change any information, of the Order, or transfer the Order to

another Registrant, or transfer the Order to another Customer,upon

receiving any authorization from the Registrant, or the Customer as maybe

prescribed by Registrar from time to time.

(7) Registrar in its own discretion can at any point of time with reasonable

notification temporarily or permanently cease to sell any Registrar Products.

(8) Registrar and the Registry Operator, in their sole discretion, expressly

reserve the right to deny any Order or cancel an Order within 30 days of

processing the same. In such case Registrar may refund the fees charged for

the Order, after deducting any processing charges for the same.

(9) Registrar, Registry Operator and Service Providers, in their sole discretion,

expressly reserve the right to without notice or refund, delete, suspend, deny,

cancel, modify, take ownership of or transfer the Order, or to modify,

upgrade, suspend, freeze Domain Registration System, in order to recover

any Payment from the Registrant and Customer for any service rendered by

Registrar including services rendered outside the scope of this agreement, or

to correct mistakes made by Registrar, Registry Operator or Service

Providers in processing or executing the Order, or in case of any breach of

this Agreement, or in case Registrar learns of a possibility of breach or

violation of this Agreement which Registrar in its sole discretion determines

to be appropriate, or in case of Termination of this agreement,or if Registrar

learns of any such event which Registrar reasonably determines would lead

to Termination of this Agreement or would constitute as Breach thereof, or

to protect the integrity and stability of the Registrar Products, Domain

Registration System, and the Registry or to comply with any applicable laws,

government rules or requirements, requests of law for enforcement, or in

compliance with any dispute resolution process, or in

accordance/compliance with any agreements executed by Registrar

including but not limited to agreements with Service Providers, and/or

Registry Operator, and/or Customers, or to avoid any liability, civil or

criminal, on the part of Registrar and/or Service Providers, and/or the

Registry Operator, as well as their affiliates, subsidiaries, officers,directors

and employees, or if the Registrant and/or Agents or any other authorized

representatives of the Registrant violate any applicable laws/government

rules, including but not limited to, intellectual property, copyright, patent,

anti-spam, or Registrar learns of the possibility of any such violation or upon

appropriate authorization (what constitutes appropriate authorization is at

the sole discretion of Registrar) from the Registrant or Customer or their

authorized representatives, or if Registrar, Registry Operator or Service

Providers in their sole discretion determine that the information associated

with the Order is inaccurate, or has been tampered with, or has been

modified without authorization,or if Registrar or Service Providers in their

sole discretion determine that the ownership of the Order should belong to

another entity, or if Customer/Registrant does not comply with any

applicable terms and conditions, standards, policies, procedures, and

practices laid down by Registrar, Service Providers, ICANN, the Registrar, the

Registry Operator or for any appropriate reason. Registrar or Registry

Operator, also reserve the right to freeze the Order during resolution of a

dispute. The Registrant agrees that Registrar, Registry Operator and Service

Providers, and the contractors, employees, directors, officers,

representatives, agents and affiliates, of Registrar, Registry Operator and

Service Providers, are not liable for loss or damages that may result from any

of the above.


4.FEES

(1) Registrant agree to comply with Payment Policies established by Registrar

and acknowledges that Payment Policies is independent and unchangeable.

(2) Registrant shall pay Registrar for acceptance of service and shall renew

before expiry date if Registrant and Registrar continue the cooperation.

Registrant agree to comply with the adjustment about product, price and

names in the period of renewal.

(3) Registrar reserve the sole rights not to provide technical support and

registration service if Registrant is unable to pay required fees for any

reason.

(4) Registrar may transfer the Order of the Registrant to another registrant

under the following circumstances: -

A. Authorization from the Registrant and/or their Agent or Authorized

Representative in a manner prescribed by Registrar from time to time;

B. Authorization from the Customer in a manner prescribed by Registrar

C. On receiving orders from a competent Court or Law Enforcement Agency;

D. For fulfillment of a decision in a domain dispute resolution

E. Breach of Contract;

F. Termination of this Agreement;

G. Registrar learns of any such event, which Registrar reasonably determines

would lead to Termination of this Agreement, or would constitute as Breach

thereof.

(5) The Registrant's request to transfer to another Registrar may be denied in

situations described in this Agreement including, but not limited to:

A. a dispute over the identity of the domain name holder;

B. bankruptcy; and default in the payment of any fees.

C. any pending dues from the Customer or Registrant for any services rendered,

whether under this agreement or otherwise

D. any pending Domain Dispute Resolution process with respect to the Order

E. if the Order has been locked or suspended by the Customer


5. REPRESENTATIONS AND WARRANTIES

? Registrar and Registrant represent and warrant that:

(1) they have all requisite power and authority to execute, deliver and perform

their obligations under this Agreement;

(2) This Agreement has been duly and validly executed and delivered and

constitutes a legal, valid and binding obligation, enforceable against Registrant

and Registrar in accordance with its terms;

(3) The execution, delivery, and performance of this Agreement and the

consummation by Registrar and the Registrant of the transactions contemplated

hereby will not, with or without the giving of notice, the lapse of time, or both,

conflict with or violate:

A. any provision of law, rule, or regulation;

B. any order, judgment, or decree;

C. any provision of corporate by-laws or other documents; or

D. any agreement or other instrument.

E. the execution, performance and delivery of this Agreement has been duly

authorized by the Registrant and Registrar;

F. No consent, approval, or authorization of, or exemption by, or filing with, any

governmental authority or any third party is required to be obtained or

made in connection with the execution, delivery, and performance of this

Agreement or the taking of any other action contemplated hereby;


6. DISPUTE PROCESS

(1) The Registrant agrees that, if the use of the Order is challenged by a third

party, the Registrant will be subject to the provisions of the appropriate

Dispute policy for that Order as mentioned in the appropriate terms and

conditions in effect at the time of the dispute. If a complaint has been filed

with a judicial or administrative body regarding the Registrant's use of the

Order, the Registrant agrees not to make any changes to the Order without

Registrar's prior approval. Registrar may not allow the Registrant to make

changes to such Order until:

A. Registrar is directed to do so by the judicial or administrative body, or

B. Registrar receives notification, in a manner prescribed by Registrar from

time to time, by the Registrant and the other party contesting the Registrant

registration or use of the Order,that the dispute has been settled.

(2) This Agreement will become effective when the term of your Order begins

with Registrar and will remain in force until the Order remains as an active

Order with Registrar. Registrar may elect to accept or reject the Order

application for any reason at its sole discretion, such rejection including, but

not limited to, rejection due to a request for a prohibited Order.

(3) This Agreement shall terminate immediately in the event of Registrar's

contract with the Service Providers for the fulfillment of such Order is

terminated or expires without renewal.

(4) Upon Termination of this Agreement, Registrar may

delete/suspend/transfer/modify the Order and suspend Domain

Registration System Users' access to the Domain Registration System with

immediate effect, upon the sole discretion of Registrar.


7. DISCLAIMER

Neither party shall be liable to the other for any loss or damage resulting

from any cause beyond its reasonable control (a "Force Majeure Event")

including, but not limited to,insurrection or civil disorder, riot, war or military

operations, national or local emergency, acts or directives or omissions of

government or other competent authority, compliance with any statutory

obligation or executive order, strike, lock-out, work stoppage, industrial

disputes of any kind (whether or not involving either party's employees), any

Act of God, fire, lightning, explosion, flood, earthquake, eruption of volcano,

storm, subsidence, weather of exceptional severity, equipment or facilities

breakages / shortages which are being experienced by 10 providers of

telecommunications services generally, or other similar force beyond such

Party's reasonable control, and acts or omissions of persons for whom neither

party is responsible. Upon occurrence of a Force Majeure Event and to the

extent such occurrence interferes with either party's performance of this

Agreement, such party shall be excused from performance of its obligations

(other than payment obligations) during the first six months of such

interference, provided that such party uses best efforts to avoid or remove

such causes of non performance as soon as possible.


8. LIMITATION OF LIABILITY

1. IN NO EVENT WILL REGISTRAR, REGISTRY OPERATOR OR SERVICE

PROVIDERS OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE

LIABLE TO THE REGISTRANT FOR ANY LOSS OF REGISTRATION AND USE

OF THE ORDER, OR FOR INTERRUPTIONS OF BUSINESS, 7 OR ANY SPECIAL,

INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR

CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF

PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,

REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT

(INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTRAR AND/OR

ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES. REGISTRAR FURTHER DISCLAIMS ANY AND ALL LOSS OR

LIABILITY RESULTING FROM, BUT NOT LIMITED TO:

A. LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR

MISUSE OF AUTHENTICATION INFORMATION;

B. LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS AS

STATED IN SECTION 21 OF THIS AGREEMENT;

C. LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS

INTERRUPTIONS;

D. LOSS O R LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA

MISS-DELIVERY;

E. LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR

MISSTATEMENTS IN ANY AND ALL INFORMATION OR REGISTRAR

PRODUCT(S) PROVIDED UNDER THIS AGREEMENT;

F. LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.

2. REGISTRANT ACKNOWLEDGES THAT THE CONSIDERATION RECEIVED BY

REGISTRAR IS BASED IN PART UPON THESE LIMITATIONS, AND THAT

THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF

ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY

OF REGISTRAR RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT

RECEIVED BY REGISTRAR IN RELATION TO THE ORDER.



IN WITNESS WHEREOF, the Parties hereto have executed this

Agreement as of the date set forth in the first paragraph hereof.

TOPNETS GROUP LIMITED [Registrant]

By:___________________ By:____________________

Name:________________ Name:________________

Title:__________________ Title: __________________