Master Domain Name and Keyword Registration End-User Agreement
This Master Domain Name and Keyword Registration End-User Agreement ("Master Agreement"), together with its Appendices and documents incorporated by reference therein, is submitted by you ("Applicant" or "Registrant") to LGA Telecom Pte Ltd ("Registrar") for onward submission to i-DNS.net International Pte. Ltd. ("i-DNS.net") and/or China Internet Network Information Center ("CNNIC") and/or other authorities ("Relevant Authorities") that may have operational jurisdiction over the 4 Categories of various Internet domain name and Internet keyword Products offered for Registration by the Registrar ("Products").
This Master Agreement applies to all the Products, which have been grouped as shown below into the 4 different Categories with each Category governed by its own separate end-user agreement between you and the Relevant Authority that operates or provides the particular Product from that Category
(i) |
The Multilingual Domain Names ("MDN") that have a language/script other than English (ASCII) or Chinese (Simplified or Traditional Script) to the right of the "dot" (i.e. non-ASCII character(s) or non-Chinese character(s) top level domain) that are operated by and offered by i-DNS.net International Pte. Ltd. In this instance the authority with jurisdiction is i-DNS.net. |
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Registration and purchase of a Product from this Category is governed by the Multilingual Domain Name Registration End-User Agreement ("MDN Agreement") and references incorporated therein (Appendix A). |
(ii) |
The Chinese Domain Names ("CDN") that are approved by the Government of the People's Republic of China ("PRC"), namely CNNIC and the Ministry of Information Industry ("MII"), that have either |
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(a) |
Chinese (Simplified or Traditional Script) characters to the right of the "dot" (i.e. Chinese character(s) top level domain) or |
(b) |
have Chinese (Simplified or Traditional Script) characters to the left of the "dot" and the ".cn" ASCII top level domain extension is on the right and are operated and offered by CNNIC and i-DNS.net. |
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Registration and purchase of a Product from this Category is governed by the End-User Agreement for the Registration and Use of Chinese Domain Names ("CDN Agreement") and references incorporated therein (Appendix B). |
(iii) |
Domain names that have ASCII characters to the right of the "dot" and either ASCII or non-ASCII characters to the left of the "dot" (i.e. ASCII character(s) top level domain), the registries of which are operated under the auspices of the Internet Corporation for Names and Numbers ("ICANN") by many commercial corporations, like Verisign and Affilias, and by Relevant Authorities, like many government or national entities, like .dot TV Corporation, Japan Internet Network Information Center ("JPNIC") and CNNIC. |
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Registration and purchase of a Product from this Category is governed by the ICANN-related Domain Name Registration in ASCII Top Level Domains End-User Agreement ("ASCII TLD Agreement") and references incorporated therein (Appendix C). |
(iv) |
Multilingual Internet Keywords that do not have any "dot" at all and allow the navigation of the Internet by URL ("Uniform Resource Locaters") Forwarding mechanisms in a number of non-English (i.e. non-ASCII) languages and are operated and run by a growing number of commercial organizations, like i-DNS.net and government entities, like CNNIC. |
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Registration and purchase of a Product from this Category is governed by the Multilingual Keyword Registration End-User Agreement ("Keyword Agreement") and references incorporated therein (Appendix D). |
For any Internet Product you register and purchase, for use solely by you, you agree to be bound by the relevant parts of the the terms of this Master Agreement, which includes a number of separate agreements (Appendix A, B, C and D) each with particular relevance to each of the 4 Categories of Products, as well as the various different documents that govern the use of these varied domain names and keywords, like those that pertain to the resolution of disputes that have been incorporated by reference therein and located at various relevant web sites. To be clear, if this Master Agreement is received by the Registrar and thereby a Product from a given Category is activated and registered for use in the relevant registry with operational jurisdiction of that Product, this Master Agreement, together with the agreement corresponding to that Category in the appropriate Appendix, will become effective and binding; conversely the agreements from other Appendices corresponding to Categories from which no Product has been registered by you shall not be effective or binding. You acknowledge that time is not of the essence and that it may take up to 60 days to process your application. This Master Agreement, any any applicable Appendix, together with the references incorporated therein, shall be received at the offices of the Registrar or online at the web site of the Registrar.
You agree that the terms of this Master Agreement are severable. If any provision of this Master Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this Master Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
You agree that if this Master Agreement is completed by your agent, such as but not limited to an Internet service provider, you agree that the acts of your agent are hereby authorized and you are bound as a principal by all the terms and conditions herein, including all the applicable Appendices and references incorporated therein. You agree that if you complete this Master Agreement as an agent on behalf of someone else, you represent that you have the authority to bind that person as a principal to all terms and conditions herein, including all the applicable Appendices and references incorporated therein.
YOU AGREE THAT REGISTRAR, I-DNS.NET INTERNATIONAL PTE LTD AND ALL RELEVANT AUTHORITIES SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY DAMAGE RESULTING FROM LOSS OF PROFITS, EVEN IF REGISTRAR, I-DNS.NET INTERNATIONAL PTE LTD AND ANY OR ALL RELEVANT AUTHORITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, THAT YOU MAY INCUR IN CONNECTION WITH
[A] |
REGISTRAR'S PROCESSING OF THIS MASTER AGREEMENT; |
[B] |
REGISTRAR'S PROCESSING OF ANY AUTHORIZED MODIFICATION TO YOUR PRODUCT REGISTRATION RECORD DURING THE COVERED PERIOD; |
[C] |
YOUR FAILURE TO PAY THE APPLICABLE FEES; |
[D] |
THE APPLICATION OF THE PROVISIONS OF THE APPLICABLE APPENDICES AND THE REFERENCES INCORPORATED THEREIN, PARTCULARLY THOSE CONCERNING DISPUTES, THAT RESULT IN ANY CANCELLATION OF THE REGISTRATION OF THE PRODUCT; |
[E] |
YOUR USE OF YOUR PRODUCT OR ITS REGISTRATION; |
[F] |
ANY ISSUE RELATING TO ACCESS INCLUDING, BUT NOT LIMITED TO, DELAYS OR INTERRUPTIONS; |
[G] |
MIS-DELIVERY, NON-DELIVERY, CORRUPTION, OR OTHER MODIFICATION TO DATA; |
[H] |
EVENTS BEYOND REGISTRAR'S OR I-DNS.NET INTERNATIONAL PTE LTD'S OR ANY OF THE RELEVANT AUTHORITY'S REASONABLE CONTROL INCLUDING BUT NOT LIMITED TO ACTS OF GOD; |
[I] |
UNAUTHORIZED USE OR MISUSE OF YOUR PRODUCT REGISTRATION; |
[J] |
ANY SUSPENSION OF YOUR PRODUCT REGISTRATION IN ACCORDANCE WITH THIS MASTER AGREEMENT AND ITS APPLICABLE APPENDICES; AND |
[K] |
ANY DISCLOSURE OF YOUR CONTACT DETAILS IN ACCORDANCE WITH THIS MASTER AGREEMENT AND ITS APPLICABLE APPENDICES. |
With respect to access, you acknowledge that the resolution of your domain name or keyword registration with the applicable Internet Protocol addresses may not always be possible as your particular computer may need to be enabled for such resolution, either by way of an enabled browser (for example, a browser can be enabled by downloading the iClient2003 software plug-in available for Microsoft Internet Explorer (IE) at
http://download.i-dns.net/), or by virtue of your computer operating under an appropriately enabled Internet Service Provider. In any event, you agree that Registrar's, i-DNS.net International Pte Ltd's and any Relevant Authorities' liability as set out herein is limited to the fullest extent permitted by any applicable law. You agree that in no event shall the maximum liability of Registrar or i-DNS.net International Pte Ltd under this Master Agreement for any matter exceed the amount paid by you under this Master Agreement.
PLEASE NOTE THAT IN THE DISPUTE POLICY, I-DNS.NET INTERNATIONAL PTE LTD MAY UNDER CERTAIN CIRCUMSTANCES CANCEL THE REGISTRATION OF YOUR DOMAIN NAME, IN WHICH EVENT, THIS SECTION G WOULD APPLY.
You agree to indemnify and hold harmless and at Registrar's and/or i-DNS.net International Pte Ltd's and/or the applicable Relevant Authority's option defend, severally or collectively, Registrar, i-DNS.net International Pte Ltd and applicable Relevant Authorities including its officers, directors, employees, contractors and agents for all liability, loss, damages, costs, legal costs and expenses, and any other expenses incurred or paid by Registrar and i-DNS.net International Pte Ltd and any applicable Relevant Authority arising or resulting from
(a) |
any claim, action or demand related to the registration or use of your Product; |
(b) |
any breach by you of any term, representation or warranty in this Master Agreement including applicable Appendices and the references incorporated therein; |
(c) |
or otherwise arising out of or related to this Master Agreement or any of the applicable Appendices and the references incorporated therein. |
You agree that this Master Agreement and the documents incorporated by reference, as may be amended by Registrar or i-DNS.net International Pte Ltd or the Relevant Authorities with operational jurisdiction for a particular registered Product, is the complete and exclusive agreement between the parties regarding the registration and/or use of your domain name. This Master Agreement and the documents incorporated by reference supersede all prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, whether established by custom, practice, policy, or precedent. You agree that this Master Agreement may not be amended by you unless agreed to in writing by a duly authorized representative of Registrar.
You agree that any notice required to be given under this Master Agreement by Registrar or i-DNS.net International Pte Ltd or Relevant Authorities to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
You agree that while this Master Agreement shall be governed and construed in accordance with the laws of Singapore and its courts, the various end-user agreements in the Appendices are governed by the laws and courts defined therein to be appropriate for the Relevant Authorities that have operational jurisdiction over the particular registered Product. You also agree that in the event of confusion or conflict between the agreement of a relevant Appendix and other portions of the Master Agreement, not only will the agreement in the relevant Appendix take precedence but the legal jurisdiction shall cede to that of the agreement defined in the relevant Appendix.
By completing and submitting this Master Agreement, and any applicable Appendix, together with the documents incorporated by reference therein, for consideration and acceptance by the Registrar, you agree that you have read and agree to be bound by A through H above. If you do not in fact agree to any of the terms and conditions set out in this Master Agreement, and any applicable Appendix, together with the documents incorporated by reference therein, please stop and do not submit this Master Agreement, and/or any of its Appendices and documents incorporated by reference therein to the Registrar.
APPENDIX A
Multilingual Domain Names Registration End-User Agreement
This Multilingual Domain Name Registration End-User Agreement ("MDN Agreement") is submitted by you to LGA Telecom Pte Ltd ("Registrar") for onward submission to i-DNS.net International Pte. Ltd. ("i-DNS.net") for the purpose of your application for registering, for your use only, an international (also known as 'multilingual') domain name on the Internet. i-DNS.net International Pte Ltd operates and maintains certain international Top Level Domain (iTLD) servers and zone files. You agree to be bound by the terms of this MDN Agreement and the terms of Registrar's and i-DNS.net International Pte Ltd's Dispute Resolution Policy ("Dispute Policy", located at
http://www.i-dns.net/dispute.html) which is incorporated herein by reference. If this MDN Agreement is received by Registrar and a domain name is activated by i-DNS.net and registered for use in Registrar's domain name database, this MDN Agreement will become effective and binding. You acknowledge that time is not of the essence and that it may take up to 60 days to process your application. This MDN Agreement shall be received at the offices of the Registrar or online at the web-site of the Registrar.
1. |
Registration Fee: A non-refundable registration fee, the exact amount being as specified at the time of payment, for the registration of each new domain name valid for a period of one (1) year for each new registration inclusive of any permitted modification(s) to the domain name record during the covered period. |
2. |
Renewal (re-registration): A non-refundable renewal (re-registration) fee, the exact amount being as specified at the time of payment, to renew (re-register) an existing registration valid for a period of one (1) year for each renewal (re-registration) inclusive of any permitted modification(s) to the domain name record during the covered period. You agree that if the fees are not paid in accordance with the above terms, Registrar may in it sole discretion cancel your domain name registration and terminate this MDN Agreement without liability. |
You further acknowledge and agree that:
(a) |
i-DNS.net International Pte Ltd processes applications received from its various registrars including Registrar on a 'first come first served' basis; |
(b) |
the Registrar will submit your application to i-DNS.net International Pte Ltd ONLY after the Registrar has collected full payment for the application from you or after full payment has been duly credited to the Registrar's accounts, as the case may be; |
(c) |
upon receipt of full payment in accordance with (b) above, the Registrar will exercise its best efforts to submit your application to i-DNS.net International Pte Ltd with due dispatch; |
(d) |
the submission of your application by the Registrar in accordance with (c) may not be successful as an earlier application may have been received by i-DNS.net International Pte Ltd; and |
(e) |
neither the Registrar or i-DNS.net will be liable to you for any failure to achieve registration or re-registration. |
Where registration or re-registration is unsuccessful, the Registrar shall refund payments made by you in full.
You agree as a condition of this MDN Agreement that you shall be bound by the current version of the Dispute Policy. The current version of the Dispute Policy may be found at the web site of i-DNS.net International Pte Ltd: "
http://www.i-dns.net/dispute.html".
You acknowledge that the practice and system of domain name registrations is constantly changing and accordingly you agree that i-DNS.net International Pte Ltd may in its sole discretion change or modify the Dispute Policy at any time. You agree that your maintaining the registration of a domain name after changes or modifications to the Dispute Policy become effective constitutes your continued acceptance of these changes or modifications. You agree that if you consider any such changes or modifications to be unacceptable, your sole and exclusive remedy is to request that your registration of the domain name be cancelled.
You agree that if the domain name registered by you is challenged by any third party, you will be subject to the provisions of the specific Dispute Policy current at the time the dispute first arose.
You agree that if this MDN Agreement is completed by your agent, such as but not limited to an Internet service provider, you agree that the acts of your agent are hereby authorized and you are bound as a principal by all the terms and conditions herein, including the Dispute Policy. You agree that if you complete this MDN Agreement as an agent on behalf of someone else, you represent that you have the authority to bind that person as a principal to all terms and conditions herein, including the Dispute Policy.
YOU AGREE THAT REGISTRAR AND I-DNS.NET INTERNATIONAL PTE LTD SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY DAMAGE RESULTING FROM LOSS OF PROFITS, EVEN IF REGISTRAR AND I-DNS.NET INTERNATIONAL PTE LTD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, THAT YOU MAY INCUR IN CONNECTION WITH
[A] |
REGISTRAR'S PROCESSING OF THIS MDN AGREEMENT; |
[B] |
REGISTRAR'S PROCESSING OF ANY AUTHORIZED MODIFICATION TO YOUR DOMAIN NAME RECORD DURING THE COVERED PERIOD; |
[C] |
YOUR FAILURE TO PAY THE APPLICABLE FEES; |
[D] |
THE APPLICATION OF THE PROVISIONS OF THE DISPUTE POLICY INCLUDING ANY CANCELLATION OF THE REGISTRATION OF THE DOMAIN NAME; |
[E] |
YOUR USE OF YOUR DOMAIN NAME REGISTRATION; |
[F] |
ANY ISSUE RELATING TO ACCESS INCLUDING, BUT NOT LIMITED TO, DELAYS OR INTERRUPTIONS; |
[G] |
MIS-DELIVERY, NON-DELIVERY, CORRUPTION, OR OTHER MODIFICATION TO DATA; |
[H] |
EVENTS BEYOND REGISTRAR'S OR I-DNS.NET INTERNATIONAL PTE LTD'S REASONABLE CONTROL INCLUDING BUT NOT LIMITED TO ACTS OF GOD; |
[I] |
UNAUTHORIZED USE OR MISUSE OF YOUR DOMAIN NAME REGISTRATION; |
[J] |
ANY SUSPENSION OF YOUR DOMAIN NAME REGISTRATION IN ACCORDANCE WITH THIS MDN AGREEMENT; AND |
[K] |
ANY DISCLOSURE OF YOUR CONTACT DETAILS IN ACCORDANCE WITH THIS MDN AGREEMENT. |
With respect to access, you acknowledge that the resolution of your domain name registration with the applicable Internet Protocol addresses may not always be possible as your particular computer may need to be enabled for such resolution, either by way of an enabled browser (for example, a browser can be enabled by downloading the iClient2003 software plug-in available for Microsoft Internet Explorer (IE) at
http://download.i-dns.net/), or by virtue of your computer operating under an i-DNS.net enabled Internet Service Provider. In any event, you agree that Registrar and i-DNS.net International Pte Ltd's liability as set out herein is limited to the fullest extent permitted by any applicable law. You agree that in no event shall the maximum liability of Registrar or i-DNS.net International Pte Ltd under this MDN Agreement for any matter exceed the amount paid by you under this MDN Agreement.
You acknowledge that as specified in this MDN Agreement and in the Dispute Policy i-DNS.net under appropriate circumstance reserves the authority to unilaterally and at any time cancel the applicable domain name that you may have registered.
You agree to indemnify and hold harmless and at Registrar's and/or i-DNS.net International Pte Ltd's option defend Registrar and i-DNS.net International Pte Ltd including its officers, directors, employees, contractors and agents for all liability, loss, damages, costs, legal costs and expenses, and any other expenses incurred or paid by Registrar and i-DNS.net International Pte Ltd arising or resulting from
(a) |
any claim, action or demand related to the registration or use of your domain name; |
(b) |
any breach by you of any term, representation or warranty in this MDN Agreement; |
(c) |
or otherwise arising out of or related to this MDN Agreement. |
You agree that any breach by you of any provision of this MDN Agreement or the Dispute Policy, including any representations or warranties made by you, may be considered by Registrar and/or i-DNS.net International Pte Ltd to be a material breach. Subject to any other express term of this MDN Agreement or the Dispute Policy, Registrar and/or i-DNS.net International Pte Ltd may give a written notice of such breach to you requiring that if such breach is not rectified by you within thirty (30) days to the reasonable satisfaction of Registrar and/or i-DNS.net International Pte Ltd, then Registrar and/or i-DNS.net International Pte Ltd may cancel your registration of the domain name. Any such breach by you shall not be deemed to be excused simply because Registrar and/or i-DNS.net International Pte Ltd did not act earlier in response to any breach by you.
You acknowledge and agree that Registrar processes domain name registration applications on a 'first come, first serve' basis and that your registration of a domain name entitles you solely to the use of, and not to own, the domain name registered. Neither Registrar nor i-DNS.net International Pte Ltd has made nor makes any determination as to the proprietary rights to a or any name. Accordingly, you agree that the mere fact of a domain name registered by Registrar in your name does not confer any legal right or defense and does not confer immunity from objection to either the registration or use of the domain name. Further, you expressly acknowledge that any violation of this MDN Agreement or the Dispute Policy will result in the termination of any and all rights you may have to use the domain name.
You agree and warrant that to the best of your knowledge the information submitted herein is true and correct, and that any future changes to such information will be provided to Registrar in a timely manner according to the procedures in place at that time. You further represent and warrant that to the best of your knowledge and belief use of the domain name you have applied for does not directly or indirectly infringe the rights of third parties. You further represent and warrant that registering the domain name is not for any unlawful purpose or in breach of any applicable laws, regulations or codes of conduct or is otherwise unlawful. You agree that breach of these warranties will constitute a material breach and entitle Registrar and/or i-DNS.net International Pte Ltd to immediately suspend and/or cancel your domain name registration. You agree that the domain name registration services provided by Registrar are made available to you on an "as is" basis. Registrar and i-DNS.net International Pte Ltd EACH DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ABOVE EXCLUSIONS EXTEND TO THE FULLEST EXTENT PERMITTED UNDER ANY APPLICABLE LAW.
Registrar reserves the right, in its sole discretion, to refuse to register any domain name requested herein. You agree that the submission of a domain name pursuant to this MDN Agreement does not obligate Registrar to accept either the domain name or this MDN Agreement and that Registrar is not under any obligation to you to provide any reason for any such refusal. You agree that neither Registrar nor i-DNS.net International Pte Ltd shall be liable for any loss or damages that may result from Registrar's refusal to accept either the domain name or this MDN Agreement.
You agree that the terms of this MDN Agreement are severable. If any provision of this MDN Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this MDN Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
You agree that this MDN Agreement and the Dispute Policy, as may be amended by Registrar or i-DNS.net International Pte Ltd, is the complete and exclusive agreement between the parties regarding the registration and/or use of your domain name. This MDN Agreement and the Dispute Policy supersede all prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, whether established by custom, practice, policy, or precedent. You agree that this MDN Agreement may not be amended by you unless agreed to in writing by a duly authorized representative of Registrar.
The waiver by either party of a breach of or default in respect of any provision of this MDN Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder, operate as a waiver of any breach or default by the other party.
Nothing contained in this MDN Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. You agree that at all times the Registrar shall be an independent contractor and not an agent, partner or representative of i-DNS.net International Pte Ltd.
You agree that any notice required to be given under this MDN Agreement by Registrar or i-DNS.net International Pte Ltd to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
You agree that this MDN Agreement shall be governed in all respects by and construed in accordance with the laws of Singapore. By submitting this MDN Agreement, you consent to the exclusive jurisdiction and venue of the courts of Singapore.
You acknowledge and agree that in completing this MDN Agreement and providing your details to Registrar, Registrar and/or i-DNS.net International Pte Ltd may and will utilize such information to create and compile its domain name database. You agree that Registrar and/or i-DNS.net International Pte Ltd will have complete ownership over its domain name database, whether in part or in whole, and any derivative works created from it. You agree that Registrar and/or i-DNS.net International Pte Ltd may make available to the public such information under a look-up or WHOIS service or to third parties in Registrar's and/or i-DNS.net International Pte Ltd's sole discretion.
By completing and submitting this MDN Agreement for consideration and acceptance by Registrar, you agree that you have read and agree to be bound by A through S above. If you do not in fact agree to any of the terms and conditions set out in this MDN Agreement, please stop and do not submit this MDN Agreement to Registrar.
APPENDIX B
End-user Agreement for the Registration and Use of Chinese Domain Names ("Agreement")
I. |
By submitting an application ("Application") to LGA Telecom Pte Ltd (Chinese Domain Name Registration Provider or CDN Registration Provider), an organization that has been accredited by both China Internet Network Information Center ("CNNIC") and i-DNS.net, an end-user ("Applicant") who wishes to apply for and then register Chinese Domain Names ("CDN") concurrently accepts all the conditions in this Agreement. The Applicant understands that CDNs are in the form of [Chinese character].[Chinese character].cn, where the "[]" indicates that everything within the brackets are written completely in Simplified Chinese characters. Additionally the Applicant understands that, although Simplified Chinese characters are used in the registration of a CDN, an equivalent Traditional Chinese script version of the same underlying Chinese name will be freely awarded and made equivalent, for end-user use, to the registered Simplified character-based CDN. The Applicant understands that the registering of a CDN in the hybrid form of Chinese and English/ASCII will automatically result in a free award of an equivalent companion domain name completely in Chinese characters, which is supported by the Internationalised Domain Name ("IDN") testing platform developed by CNNIC, and is officially accredited by competent state authorities in the People's Republic of China ("PRC"), namely the Ministry of Information Industry. |
II. |
The Applicant agrees to abide by the regulatory policies and rules released by competent state authorities in the People's Republic of China (PRC), for example like the Ministry of Information Industry and CNNIC. These current include but are not limited to the China Internet Domain Name Regulations (currently at http://www.cnnic.net.cn/ruler/20.shtml, "Regulation"), CNNIC Detailed Rules of Internet Domain Name Registration Administration (currently at http://www.cnnic.net.cn/ruler/16.shtml, "Detailed Rules"), CNNIC Domain Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-10.shtml, "Dispute Resolution Policy") and Rules for CNNIC Domain Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-9.shtml, "Rules for Dispute Resolution". This Agreement, the information provided by the Applicant as part of the Application and the aforesaid rules and policy documents available on the Web, together constitute the entire and only agreement between the applicant and the CDN Registration Provider. |
III. |
The Applicant hereby certifies the following
(a) |
the registered CDNs will not infringe the benefits of any third party, provided that the third party can by law justify its position or rights; |
(b) |
the CDN is not registered for a malicious or illegal purpose; |
(c) |
the use of the CDN will not violate any law or regulations. |
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Further, the Applicant agrees to bear the full liability in such an event where a competent legal authority decides that an infringement of or damage to the rights of a third party has occurred. |
IV. |
The Applicant, in good faith attests to the truth, completeness and accuracy of the information provided by the Applicant in the submitted Application process. The Applicant also agrees to a mutually agreed process, directly with the CDN Registration Provider, to confirm any changes that need to be made to this original information at a later time. If there is any subsequent change to any of the information provided - in particular, that related to the domain name management contact person, the technology contact person or the payment contact person (such as communication Address, Telephone No., Fax No. or E-mail address) - the Applicant agrees to notify the CDN Registration Provider of the changes within 30 days using the said mutually agreed process to confirm such changes. The Applicant understands that any such changes are subject to verification and approval by the CDN Registration Provider, otherwise this may constitute a substantial breach of this Agreement. |
V. |
The Applicant understands that the transfer or cancellation of any CDN in dispute is not allowed when that CDN is under any judicial process, arbitration process or domain name dispute resolution process. Further, the Applicant agrees unconditionally to be bound to the outcome and verdict of the judicial or arbitration process conducting according to Article II above. |
VI. |
The Applicant acknowledges that the CDN Registration Provider is entitled to examine the Application submitted by the Applicant for compliance and adherence to the Regulation and (a) refuse the initial registration of or (b) at a later point in time delete, any domain name violating the Regulation. The Applicant agrees that the CDN Registration Provider, or CNNIC or i-DNS.net, shall not be held liable for any negative or other consequences of such a refusal or deletion. |
VII. |
The Applicant understands that in the event that the CDN Provider accepts and approves the registration Application, the CDN applied for by the Applicant will be registered into the CDN database and allocated to the Applicant by the CDN Registration Provider, and that thereafter all legal responsibilities related to the registered CDN will be fully borne by the Applicant. |
VIII. |
The Applicant agrees to pay a registration fee to the CDN Registration Provider in accordance with the price and payment deadlines publicized by the CDN Registration Provider. The Applicant also agrees to accept the prevailing price in any renewal period. The Applicant understands that any failure in receiving any communication, including payment notifications, from the CDN Registration Provider will not be accepted by CNNIC or i-DNS.net as an excuse for untimely payment. |
IX. |
Excepting the information specifically declared to be confidential in the submitted Application, the Applicant herewith agrees to release all information submitted as part of the Application, including the CDN being applied for registration, to be placed under the name of the Applicant and the name of the organization the Applicant is acting for, within a publicly accessible database or other publications, as part of the directory services provided by the CDN Registration Provider, CNNIC or i-DNS.net. |
X. |
The Applicant understands that the CDN Registration Provider is entitled to cancel a CDN under the following circumstances:
1. |
The Applicant or its agent apply for cancellation; |
2. |
Any registration information submitted by the Applicant is determined to be untrue, inaccurate, incomplete or is not updated in a timely manner, when such changes occur; |
3. |
The Applicant fails to pay the registration fee or the renewal fee; |
4. |
A determination has been made by the relevant authorities in order to resolve a dispute, as specified in Articles II, V, XVI and XX; |
5. |
When there is a breach of this Agreement or when there is a violation of a PRC law. |
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XI. |
Unless specifically approved by Ministry of Information Industry of PRC, the Applicant herewith agrees to refrain from providing lower-level CDNs ( i.e. second or lower-level), whether free or for a fee, to the general end-user public under its registered CDN. |
XII. |
The Applicant agrees that any violation of any of the terms of this Agreement or of the related web-based documents incorporated by reference in Article II, will be construed as a substantial breach by the Applicant of this Agreement. In the event of such a breach, the Applicant agrees to the following corrective Process:
(a) |
CDN Registration Provider will send the Applicant a written notification stating the breach. |
(b) |
If the Applicant does not in a timely manner either (i) prove, by showing reasonable evidence, that there was no such breach or (ii) correct the breach the CDN Registration Provider will delete CDN registered by the Applicant. |
(c) |
In no case, can the Applicant argue against any deletion of the CDN by the CDN Registration Provider, on grounds that the breach had existed unnoticed (or noticed) and no action taken by the CDN Registration Provider for a substantial period prior to the deletion action finally being taken. |
|
XIII. |
The Applicant clearly understands that the use of CDNs is subject to unforeseen problems that may at any time arise from a variety of sources that include, but not limited to, (a) limitations in the software and hardware resources deployed in the CDN and (b) the service quality of the various network access providers on which the CDN deployment relies on. The Applicant understands that even after successful registration of the CDN by the Applicant, CNNIC, as the Registry Management Institute and/or i-DNS.net, as the technology enabler, shall continue to constantly improve the software and hardware necessary to optimize the performance of CDN. The Applicant agrees that neither CNNIC, nor i-DNS.net, nor any related Registration Service Providers, will collectively or severally, assume any responsibility for any faulty CDN service that arises as a result of the actions of any and all third parties. |
XIV. |
The Applicant understands that the registering of a CDN will automatically result in a free award of an equivalent domain name completely in Chinese characters. To be specific, (a) the registration of a CDN of the form [Chinese characters].[Chinese character for the second-level domain that means "Company"].cn will result in a Chinese character domain name, completely in Chinese characters, of the form [Chinese characters].[Chinese character for the top-level domain that means "Company"], and (b) the registration of a CDN of the form [Chinese characters].[Chinese character for second-level domain that means "Net"].cn will result in a Chinese character domain name, completely in Chinese characters, of the form [Chinese characters].[Chinese character for the top-level domain that means "Net"]. In addition, the Applicant accepts that when using a CDN that is completely in Chinese characters, it may be necessary for the end-user to install a client-side software plug-in that is released by either CNNIC (at www.cnnic.cn) or i-DNS.net ( iClient 2003 available at www.i-DNS.net). |
XV. |
Applicant agrees that, in the event that after successful registration of a CDN, a situation arises where CNNIC, i-DNS.net, and related Registration Service Providers, either collectively or severally, are found at fault, any damages paid by CNNIC, i-DNS.net, and related Registration Service Providers, either collectively or severally, shall not exceed in total the registration fee that the Applicant paid to the CDN Registration Service Provider for that year. The Applicant also agrees that CNNIC, i-DNS.net and related Registration Service Providers, either collectively or severally, will not be held liable for any and all losses or liabilities that may arise under, but not limited to, the following situations: (1) loss or liability caused by technological issues; (2) loss or liability caused by force majeure; (3) loss or liability caused by use or misuse of the Applicant's account by an unauthorized user(s); (4) loss or liability caused by the improper actions of the Applicant, including for example delays in paying the annual registration/renewal fee for a CDN; (5) loss or liability arising from carrying out the provisions in the Dispute Resolution Policy; (6) loss or liability caused by either a change of the international or the domestic domain name system or by a change in policy by a competent state authority of PRC, like CNNIC or the Ministry of Information Industry. |
XVI. |
The Applicant agrees, in the event that the CDN registered and held by the Applicant is claimed by a third party and such a claim leads to a domain name dispute, to be bound by the Dispute Resolution Policy. |
XVII. |
In the event that the certification of the CDN Registration Provider to provide CDNs is terminated, either by CNNIC or i-DNS.net, the Applicant herewith accepts that the CDN Registration Provider has the right to select another CDN Registration Provider who is certified by both CNNIC and i-DNS.net and re-allocate the registered CDN to it within 10 days. The Applicant also agrees that if the terminated CDN Registration Provider fails to carry out such a selection and arrange for a re-allocation of the registered CDN within the said 10 days, i-DNS.net has the right to select an alternative CDN Registration Provider, accredited by both CNNIC and i-DNS.net, and re-allocate to it the Applicant's registered CDN. |
XVIII. |
In the event that there are any changes or amendments to this Agreement and/or to any of the web-based documents incorporated by reference, namely the Regulation, the Detailed Rules, the Dispute Resolution Policy and the Rules for Dispute Resolution, and the Applicant deems the changes or amendments unacceptable, the Applicant herewith agrees to (a) notify the CDN Registration Provider immediately, (b) accept that the CDN Registration Provider will only continue to provide the CDN service for 30 days thereof and thereafter delete the CDN. |
XIX. |
The Applicant understands that all terms and conditions in this Agreement are independent of each other and the invalidity of any of them will not influence the validity of any other term or condition. |
XX. |
Concurrent with submitting a duly completed Application to the CDN Registration Provider, the Applicant hereby agrees to be bound by the terms and conditions of this Agreement as well as the terms and conditions specified in the web-based documents of Article II that have been incorporated by reference - the Regulation, the Detailed Rules, the Dispute Resolution Policy and the Rules for Dispute Resolution. |
XXI. |
The Applicant agrees that this Agreement is governed by laws of PRC. |
APPENDIX C
ICANN-Related Domain Name Registration in ASCII Top Level Domains End-User Agreement
This ICANN-related Domain Name Registration in ASCII Top Level Domains End-User Agreement ("ASCII TLD Agreement"), together with documents incorporated by reference herein, is submitted by you ("Applicant" or "Registrant") to LGA Telecom Pte Ltd ("Registrar") for onward submission to i-DNS.net International Pte. Ltd. ("i-DNS.net") and/or other authorities ("Relevant Authorities") that may have operational jurisdiction over the various Internet domain name products with ASCII Top Level Domains approved by the Internet Corporation for Names and Numbers ("ICANN") offered for Registration by the Registrar ("ICANN Products"). This ASCII TLD Agreement pertains to all such ICANN Products that have ASCII characters to the right of the 'dot' and either ASCII or non-ASCII characters to the left of the 'dot' (i.e. an ASCII character(s) top level domain), the registries of which are operated under the auspices ICANN by Relevant Authorities such as many commercial corporations, like Verisign and Affilias, and by many government or national entities, like .dot TV Corporation, Japan Internet Network Information Center ("JPNIC") and China Internet Network Information Center ("CNNIC"). Each such Relevant Authority, as well as ICANN, which number in the hundreds, has its own dispute policies, rules and regulations for using and operating the ICANN Product you register at each of their respective web-sites. You understand that it is impractical to neither include nor hyper-link in this ASCII TLD Agreement the numerous diverse terms and conditions, including a wide variety of different applicable legal jurisdictions, set by the various Relevant Authorities for the particular ICANN Product that they operate and control. This impracticality notwithstanding, you agree to be bound by the aforesaid terms and conditions that are applicable to the particular ICANN Product you register and set by the applicable Relevant Authority and/or ICANN, as if the diverse documents describing the said terms and conditions have been for all practical and legal purposes incorporated by reference herein ("Effectively Incorporated References").
To be clear, if this ASCII TLD Agreement is received by the Registrar and thereby a particular ICANN Product is activated and registered for use in the relevant registry by the Relevant Authority with operational jurisdiction of that ICANN Product, this ASCII TLD Agreement, together with any and all terms and conditions and rules and regulations governing all aspects of your ownership and use of the said ICANN Product set by the said Relevant Authority, will become effective and binding; conversely the terms and conditions and rules and regulations set for the use of other ICANN Products that you do not register shall not be effective or binding. You acknowledge that time is not of the essence and that it may take up to 60 days to process your application. This ASCII TLD Agreement together with the applicable portion(s) of the Effectively Incorporated References shall be received at the offices of the Registrar or online at the web-site of the Registrar. In addition, you acknowledge that i-DNS.net unilaterally reserves the right to either not approve your order, or if already approved, reverse any approval decision and refund in full any monies collected from you, within the said 60 days.
You agree that the terms of this ASCII TLD Agreement are severable. If any provision of this ASCII TLD Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this ASCII TLD Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
You agree that if this ASCII TLD Agreement is completed by your agent, such as but not limited to an Internet service provider, you agree that the acts of your agent are hereby authorized and you are bound as a principal by all the terms and conditions herein, including all the applicable Effectively Incorporated References. You agree that if you complete this ASCII TLD Agreement as an agent on behalf of someone else, you represent that you have the authority to bind that person as a principal to all terms and conditions herein, including all the applicable Effectively Incorporated References.
YOU AGREE THAT REGISTRAR, I-DNS.NET INTERNATIONAL PTE LTD AND ALL RELEVANT AUTHORITIES SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY DAMAGE RESULTING FROM LOSS OF PROFITS, EVEN IF REGISTRAR, I-DNS.NET INTERNATIONAL PTE LTD AND ANY OR ALL RELEVANT AUTHORITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, THAT YOU MAY INCUR IN CONNECTION WITH
[A] |
REGISTRAR'S PROCESSING OF THIS ASCII TLD AGREEMENT; |
[B] |
REGISTRAR'S PROCESSING OF ANY AUTHORIZED MODIFICATION TO YOUR ICANN PRODUCT REGISTRATION RECORD DURING THE COVERED PERIOD; |
[C] |
YOUR FAILURE TO PAY THE APPLICABLE FEES; |
[D] |
THE APPLICATION OF THE PROVISIONS OF THE APPLICABLE EFFECTIVELY INCORPORATED REFERENCES, PARTICULARLY THOSE CONCERNING DISPUTES, THAT RESULT IN ANY CANCELLATION OF THE REGISTRATION OF THE ICANN PRODUCT; |
[E] |
YOUR USE OF YOUR ICANN PRODUCT OR ITS REGISTRATION; |
[F] |
ANY ISSUE RELATING TO ACCESS INCLUDING, BUT NOT LIMITED TO, DELAYS OR INTERRUPTIONS; |
[G] |
MIS-DELIVERY, NON-DELIVERY, CORRUPTION, OR OTHER MODIFICATION TO DATA; |
[H] |
EVENTS BEYOND REGISTRAR'S OR I-DNS.NET INTERNATIONAL PTE LTD'S OR ANY OF THE RELEVANT AUTHORITY'S REASONABLE CONTROL INCLUDING BUT NOT LIMITED TO ACTS OF GOD; |
[I] |
UNAUTHORIZED USE OR MISUSE OF YOUR ICANN PRODUCT REGISTRATION; |
[J] |
ANY SUSPENSION OF YOUR ICANN PRODUCT REGISTRATION IN ACCORDANCE WITH THIS ASCII TLD AGREEMENT AND ITS APPLICABLE EFFECTIVELY INCORPORATED REFERENCES; AND |
[K] |
ANY DISCLOSURE OF YOUR CONTACT DETAILS IN ACCORDANCE WITH THIS ASCII TLD AGREEMENT AND ITS APPLICABLE EFFECTIVELY INCORPORATED REFERENCES. |
With respect to access, you acknowledge that the resolution of your ICANN Product registration with the applicable Internet Protocol addresses may not always be possible as your particular computer may need to be enabled for such resolution, either by way of an enabled browser (for example, a browser can be enabled by downloading the iClient2003 software plug-in available for Microsoft Internet Explorer (IE) at
http://download.i-dns.net/ or Verisign's iNav software plug-in available at
http://idn.verisign-grs.com/plug-in/index.jsp?src=idnnow), or by virtue of your computer operating under an appropriately enabled Internet Service Provider. In any event, you agree that Registrar's, i-DNS.net International Pte Ltd's any applicable Relevant Authority's liability as set out herein is limited to the fullest extent permitted by any applicable law. You agree that in no event shall the maximum liability of Registrar or i-DNS.net International Pte Ltd or an applicable Relevant Authority under this ASCII TLD Agreement for any matter exceed the amount paid by you under this ASCII TLD Agreement.
You acknowledge that as specified in the applicable Effectively Incorporated References some Relevant Authorities reserve the authority to unilaterally and at any time cancel the applicable ICANN Product that you may have registered.
You agree to indemnify and hold harmless and at Registrar's and/or i-DNS.net International Pte Ltd's and/or the applicable Relevant Authority's option defend, severally or collectively, Registrar, i-DNS.net International Pte Ltd and applicable Relevant Authorities including its officers, directors, employees, contractors and agents for all liability, loss, damages, costs, legal costs and expenses, and any other expenses incurred or paid by Registrar and i-DNS.net International Pte Ltd and any applicable Relevant Authority arising or resulting from
(a) |
any claim, action or demand related to the registration or use of your ICANN Product; |
(b) |
any breach by you of any term, representation or warranty in this ASCII TLD Agreement including the applicable Effectively Incorporated References; |
(c) |
or otherwise arising out of or related to this ASCII TLD Agreement or any of the applicable Effectively Incorporated References. |
You agree that this ASCII TLD Agreement and the applicable Effectively Incorporated References, as may be amended by Registrar or i-DNS.net International Pte Ltd or the Relevant Authorities with operational jurisdiction for a particular registered ICANN Product, is the complete and exclusive agreement between the parties regarding the registration and/or use of your ICANN Product. This ASCII TLD Agreement and the applicable Effectively Incorporated References supersede all prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, whether established by custom, practice, policy, or precedent. You agree that this ASCII TLD Agreement may not be amended by you unless agreed to in writing by a duly authorized representative of Registrar.
You agree that any notice required to be given under this ASCII TLD Agreement by Registrar or i-DNS.net International Pte Ltd or Relevant Authorities to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
You agree that while this ASCII TLD Agreement shall be governed and construed in accordance with the laws of Singapore and its courts, the various applicable Effectively Incorporated References are governed by the laws and courts defined therein to be appropriate for the Relevant Authorities that have operational jurisdiction over the particular registered ICANN Product. You also agree that in the event of confusion or conflict between the terms and conditions of the applicable Effectively Incorporated References and other portions of this ASCII TLD Agreement, not only will the terms and conditions of the applicable Effectively Incorporated References take precedence but the legal jurisdiction shall cede to that specified in the applicable Effectively Incorporated References.
By completing and submitting this ASCII TLD Agreement, and any applicable Effectively Incorporated References, for consideration and acceptance by the Registrar, you agree that you have read and agree to be bound by A through H above. If you do not in fact agree to any of the terms and conditions set out in this ASCII TLD Agreement, and any applicable Effectively Incorporated References, please stop and do not submit this ASCII TLD Agreement, and/or any of its Effectively Incorporated References to the Registrar.
APPENDIX D
Multilingual Keyword Registration End-User Agreement
This Multilingual Keyword Registration End-User Agreement ("Keyword Agreement"), together with documents incorporated by reference herein, is submitted by you ("Applicant" or "Registrant") to LGA Telecom Pte Ltd ("Registrar") for onward submission to i-DNS.net International Pte. Ltd. ("i-DNS.net") and the China Internet Network Information Center ("CNNIC"). With the approval of the Ministry of Information Industry ("MII") of the People's Republic of China ("PRC") CNNIC runs, operates and offers for sale 'official' keywords in Simplified Chinese characters ("Chinese Keywords") as specified in an agreement written in the Chinese Language located at
http://www.sfn.cn/help/domain/domain_help2.jsp#4. While this agreement covers many other different products promoted by CNNIC, a portion of this agreement relates specifically to the terms and conditions, including dispute resolution policies, that apply to the Chinese Keywords. Only the said portion of said agreement as it applies to Chinese Keywords only is incorporated by reference herein ("CK Agreement").
You agree to be bound by the CK Agreement as applied to Chinese Keywords.
To be clear, if this Keyword Agreement is received by the Registrar and thereby a particular Chinese Keyword is activated and registered for use in the relevant registry by CNNIC, which has operational jurisdiction of that Chinese Keyword, this Keyword Agreement and the CK Agreement will become effective and binding. You acknowledge that time is not of the essence and that it may take up to 60 days to process your application. This Keyword Agreement together with the CK Agreement shall be received at the offices of the Registrar or online at the web-site of the Registrar.
You understand that for every registered Chinese Keyword in Simplified Chinese script characters, an equivalent keyword in Traditional script is automatically machine-translated and made equivalent to it, free of charge. Therefore you agree, being free of charge, the accuracy of such machine-translation is not subject to debate or dispute by you. You also agree that general access to the registered keyword via the equivalent Traditional script can be limited as detailed in Section D below.
You agree that the terms of this Keyword Agreement are severable. If any provision of this Keyword Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this Keyword Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
You agree that if this Keyword Agreement is completed by your agent, such as but not limited to an Internet service provider, you agree that the acts of your agent are hereby authorized and you are bound as a principal by all the terms and conditions herein, including the CK Agreement. You agree that if you complete this Keyword Agreement as an agent on behalf of someone else, you represent that you have the authority to bind that person as a principal to all terms and conditions herein, including the CK Agreement.
YOU AGREE THAT REGISTRAR, I-DNS.NET INTERNATIONAL PTE LTD AND CNNIC SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY DAMAGE RESULTING FROM LOSS OF PROFITS, EVEN IF REGISTRAR, I-DNS.NET INTERNATIONAL PTE LTD AND CNNIC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, THAT YOU MAY INCUR IN CONNECTION WITH
[A] |
REGISTRAR'S PROCESSING OF THIS KEYWORD AGREEMENT; |
[B] |
REGISTRAR'S PROCESSING OF ANY AUTHORIZED MODIFICATION TO YOUR CHINESE KEYWORD REGISTRATION RECORD DURING THE COVERED PERIOD; |
[C] |
YOUR FAILURE TO PAY THE APPLICABLE FEES; |
[D] |
THE APPLICATION OF THE PROVISIONS OF THE CK AGREEMENT, PARTICULARLY THOSE CONCERNING DISPUTES, THAT RESULT IN ANY CANCELLATION OF THE REGISTRATION OF THE CHINESE KEYWORD; |
[E] |
YOUR USE OF YOUR CHINESE KEYWORD OR ITS REGISTRATION; |
[F] |
ANY ISSUE RELATING TO ACCESS INCLUDING, BUT NOT LIMITED TO, DELAYS OR INTERRUPTIONS; |
[G] |
MIS-DELIVERY, NON-DELIVERY, CORRUPTION, OR OTHER MODIFICATION TO DATA; |
[H] |
EVENTS BEYOND REGISTRAR'S OR I-DNS.NET INTERNATIONAL PTE LTD'S OR CNNIC'S REASONABLE CONTROL INCLUDING BUT NOT LIMITED TO ACTS OF GOD; |
[I] |
UNAUTHORIZED USE OR MISUSE OF YOUR CHINESE KEYWORD REGISTRATION; |
[J] |
ANY SUSPENSION OF YOUR CHINESE KEYWORD REGISTRATION IN ACCORDANCE WITH THIS KEYWORD AGREEMENT AND/OR THE CK AGREEMENT; AND |
[K] |
ANY DISCLOSURE OF YOUR CONTACT DETAILS IN ACCORDANCE WITH THIS KEYWORD AGREEMENT AND/OR THE CK AGREEMENT. |
With respect to access, you acknowledge that the resolution of your Chinese Keyword registration with the applicable Internet Protocol addresses may not always be possible as your particular computer may need to be enabled for such resolution, either by way of an enabled browser (for example, a browser can be enabled by downloading the iClient2003 software plug-in available for Microsoft Internet Explorer (IE) at
http://download.i-dns.net/ or the CNNIC software plug-in available at
http://www.cnnic.cn/index/0B/index.htm. N.b. An end-user who wishes to access the registered keyword via the equivalent Traditional script characters will have to use the i-DNS.net's plug-in, iClient2003; Simplified script characters can be handled by both plug-ins), or by virtue of your computer operating under an appropriately enabled Internet Service Provider. In any event, you agree that Registrar's, i-DNS.net International Pte Ltd's and CNNIC's liability as set out herein is limited to the fullest extent permitted by any applicable law. You agree that in no event shall the maximum liability of Registrar or i-DNS.net International Pte Ltd or CNNIC under this Keyword Agreement for any matter exceed the amount paid by you under this Keyword Agreement.
You acknowledge that as specified in the CK Agreement CNNIC reserves the authority to unilaterally and at any time cancel the Chinese Keyword that you may have registered.
You agree to indemnify and hold harmless and at Registrar's and/or i-DNS.net International Pte Ltd's and/or CNNIC's option defend, severally or collectively, Registrar, i-DNS.net International Pte Ltd and applicable Relevant Authorities including its officers, directors, employees, contractors and agents for all liability, loss, damages, costs, legal costs and expenses, and any other expenses incurred or paid by Registrar and i-DNS.net International Pte Ltd and any applicable Relevant Authority arising or resulting from
(a) |
any claim, action or demand related to the registration or use of your Chinese Keyword; |
(b) |
any breach by you of any term, representation or warranty in this Keyword Agreement and/or the CK Agreement; |
(c) |
or otherwise arising out of or related to this Keyword Agreement or the CK Agreement. |
You agree that this Keyword Agreement and the CK Agreement, as may be amended by Registrar or i-DNS.net International Pte Ltd or CNNIC, which has operational jurisdiction for a particular registered Chinese Keyword, is the complete and exclusive agreement between the parties regarding the registration and/or use of your Chinese Keyword. This Keyword Agreement and the CK Agreement supersede all prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, whether established by custom, practice, policy, or precedent. You agree that this Keyword Agreement may not be amended by you unless agreed to in writing by a duly authorized representative of the Registrar.
You agree that any notice required to be given under this Keyword Agreement by Registrar or i-DNS.net International Pte Ltd to or by CNNIC you will be deemed to have been given if delivered in accordance with the contact information you have provided.
You agree that while this Keyword Agreement shall be governed and construed in accordance with the laws of Singapore and its courts, the CK Agreement is governed by the laws and courts defined therein to be appropriate by CNNIC which has operational jurisdiction over the particular registered Chinese Keyword. You also agree that in the event of confusion or conflict between the terms and conditions of the CK Agreement and other portions of this Keyword Agreement, not only will the terms and conditions of the CK Agreement take precedence but the legal jurisdiction shall cede to that specified in the CK Agreement.
By completing and submitting this Keyword Agreement, and the CK Agreement, for consideration and acceptance by the Registrar, you agree that you have read and agree to be bound by A through H above. If you do not in fact agree to any of the terms and conditions set out in this Keyword Agreement, and the CK Agreement, please stop and do not submit this Keyword Agreement, and/or the CK Agreement to the Registrar.