This Domain Name Registration and Administration Services Agreement (“Agreement”) is between the Customer and the Wopop International Ltd (“Registrar”) and governs the Customer’s use of the Registrar’s domain name registration and administration services (“Services”). By submitting a request for the Services, the Customer acknowledges that the Customer has read, understood and agrees to be bound by all terms and conditions of this Agreement. This Agreement as well as any additional rules and policies, together with all modifications thereto, constitutes the complete and exclusive agreement between the Customer and the Registrar concerning the Customer’s use of the Services, and supersedes and governs all prior proposals, agreements, representations or other communications. The Registrar reserves the right to modify this Agreement periodically and will use its best endeavours to notify the Customer of any such changes as published on http://www.eznow.com.
1. The Registrar is an accredited Registrar of the domain names of Hong Kong (“Hong Kong Domain Names”). The Hong Kong Domain Names registered, renewed, transferred or managed through the Registrar are subject to:
(a) these terms and conditions; and(b) the policies published by Hong Kong Domain Name Registration Company Limited (“HKDNR”) from time to time at http://www.hkdnr.com.
2.The Registrar also provides domain name registrations, renewals, transfers and management for generic top-level domain names (“gTLDs”). The Registrar processes gTLDs through Shanghai Meicheng Technology Information Development Co. Ltd [(“ICANN Registrar”)], an Internet Corporation for Assigned Names and Numbers (ICANN) accredited registrar. All gTLDs registered, renewed, transferred or managed through the Registrar are subject to:
(a) these terms and conditions;(b) the policies published by the ICANN Registrar from time to time at http://www.cndns.com; and(c) ICANN’s Uniform Domain Name Dispute Resolution Policy located at http://www.icann.org.
3.Upon accepting the Customer’s application to register or renew a gTLD , the Registrar essentially acts as the Customer’s sponsor for that application. All gTLD applications will be processed through the ICANN Registrar. The registration and renewal applications the Registrar process are not effective until the gTLD registration or renewal information the Customer provides with the Registrar is delivered to the registry administrator for gTLDs, as applicable, and the registry administrator puts into effect the Customer’s gTLD registration or renewal.
4. The Customer acknowledges and agrees that the Registrar does not guarantee that the Customer will be able to register or renew a desired domain name. Even if WHOIS or other enquiry indicates that domain name is available, the Customer acknowledges that the Registrar cannot know with certainty whether or not the domain name which the Customer is seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases.
5.The Customer further acknowledges and agrees that the Registrar may, at its sole discretion, elect to accept or reject the Customer’s application for registration or renewal for any reason, including, but not limited to, requests for registration or renewal of a prohibited domain name or domain name which a third party has any proprietary rights.
6. The Customer also acknowledges and agrees that, although the Registrar will use all reasonable endeavours, the Registrar is not liable or responsible in any way for any errors, omissions or any other actions by any registry administrator arising out of or related to the Customer’s application for and registration of, renewal of, or failure to register or renew a particular domain name.
7. The Customer additionally agrees to indemnify, defend and hold harmless the Registrar and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, the Customer’s application for and registration of, renewal of, or failure to register or renew, a particular domain name.
8. The Customer agrees that the Registrar’s maximum aggregate liability in respect of this clause shall not exceed the total amount paid by the Customer for the services.
9. By submitting a gTLD registration application to the Registrar, the Customer acknowledges and agrees that the Customer is a customer of the Registrar for purposes of the Services. The Customer further acknowledges that there is no customer relationship between the Customer and ICANN Registrar created hereunder. The Customer agrees that upon termination of relationship between the Registrar and the ICANN Registrar, The Registrar may, in its sole discretion, assign the Customer’s domain name registration to a new ICANN registrar at no additional charge to the Customer and that this Agreement will continue in full force and effect between the Customer and any new ICANN registrar.
10. By submitting an application for a Hong Kong Domain Name registration to the Registrar, the Customer acknowledges and agrees that the Customer is a customer of the Registrar for purposes of the Services. The Customer agrees that the Registrar may, in its sole discretion, assign the Customer’s domain name registration to a new registrar at no additional charge to the Customer and that this Agreement will continue in full force and effect between the Customer and any new registrar.
11. By applying to register a domain name, or by asking the Registrar to maintain or renew a domain name registration, the Customer hereby represents and warrants to the Registrar that:
(a) all statements made by the Customer in connection with such application for registration, maintenance, or renewal are complete and accurate;(b) to the Customer’s knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party (including any registered or unregistered trade mark, domain name, business name or any other name in which a third party has proprietary rights);(c) the Customer is not registering the domain name for an unlawful purpose; and(d) the Customer will not knowingly use the domain name in violation of any applicable laws or regulations.
12. The Customer agrees and acknowledges that it is the Customer’s responsibility to determine whether its domain name registration infringes or violates someone else’s rights including, but not limited to, trade mark rights, and whether any foreign language translations of its domain name, infringe or violate someone else’s rights. The Customer acknowledges that the successful registration of a domain name does not give the Customer any proprietary rights in any word composing the domain name.
13. The Registrar will address and send emails to the person notified by the Customer as the Customer’s contact person at the email address supplied by the Customer. The Customer is solely responsible for ensuring that its Customer’s contact details are current and correct, that its email services is operational and that it checks its emails regularly.
14. The Customer must inform the Registrar of any changes to its contact details by email to email@example.com within 30 days of any changes.
15. If the Registrar sends an email to the Customer’s current email address as listed in the Customer’s contact details, the Customer is deemed to have received that email and the Registrar is not obliged to take any further action to confirm that the Customer has received, opened and/or read the email unless the Customer promptly notifies the Registrar that the email was not delivered to its email address.>
16. If the Registrar receives an automated email non-delivery notification indicating that the Customer has not received the email that the Registrar has sent the Customer regarding the Services, the Registrar will use reasonable endeavours to attempt to contact the Customer using the other contact details the Customer submitted, including non-electronic means, but does not guarantee that the Registrar will be able to contact the Customer.
17. In the first time the Customer applies to use the Services, the Customer will receive a domain name password. The Customer must safeguard the domain name password from any unauthorised use. The Customer acknowledges and agrees that in no event will the Registrar be liable for the unauthorised use or misuse of the Customer’s domain name password.
18. As consideration for the Services, the Customer agrees to pay the Registrar, upon submission of the Customer’s domain name application or renewal application to the Registrar, the then-current fees set forth in the Registrar price schedule for such services located at http://www.eznow.com.
19. All fees paid are non-refundable, in whole or in part, even if the Customer’s domain name registration is suspended, cancelled or transferred prior to the end of the Customer’s then-current registration term. The Registrar reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. The Registrar will use its best endeavours to notify the Customer of any such changes.
20. The Customer’s Hong Kong Domain Name application or renewal application will not be processed by the Registrar until the Registrar receives payment of the registration or renewal fee, or reasonable assurance of payment of the registration or renewal fee from some other entity as determined by the Registrar in its sole discretion.
21. The Customer’s gTLD application or renewal application will not be submitted to the ICANN Registrar until the Registrar receives actual payment of the registration or renewal fee, or reasonable assurance of payment of the registration or renewal fee from some other entity as determined by the Registrar in its sole discretion.
22. In the event of a charge back by a