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DOMAIN NAME REGISTRATION AGREEMENT
.com,
.net, .org registrations only
1. Introduction
This Registration Agreement
("Agreement") sets forth the terms and conditions of your use of
the domain name registration services of 61com.com to register
an Internet domain name, as well as your registration of that domain
name. To complete the registration process, you must acknowledge
that you have read, understood, and agree to be bound by all terms
and conditions of this Agreement, the accompanying fee schedule,
dispute policy and any rules or policies that are or may become
effective when published by 61com.com. This Agreement will become
effective if accepted by 61com.com. 61com.com is an accredited
registrar with the Internet Corporation for Assigned Names and Numbers
("ICANN") under an agreement between 61com.com and ICANN ("ICANN
Agreement"). You acknowledge that 61com.com may modify this
Agreement if necessary to comply with its ICANN Agreement, or otherwise.
2. Selection
of a Domain Name
We do not check to see
whether the domain name you select, or the use you make of the domain
name, infringes legal rights of others. We urge you to investigate
to see whether the domain name you select or its use infringes legal
rights of others, and in particular we suggest you seek advice of
competent counsel. You may wish to consider seeking one or more
trademark registrations in connection with your domain name. You
should be aware that there is the possibility we might be ordered
by a court to cancel, modify, or transfer your domain name. You
should be aware that if we are sued or threatened with lawsuit in
connection with your domain name, we may turn to you to hold us
harmless and indemnify us, pursuant to the indemnification provision
below.
3. Fees
and Payment
As consideration for
the domain name registration services provided by 61com.com
to you, you agree to pay 61com.com, at the time of submitting
your application for registration, all applicable initial registration
fees and renewal fees in accordance with 61com.com's fee schedule
published at 61com.com's website. All fees are non-refundable,
in whole or in part, even if your domain name registration is suspended,
cancelled or transferred prior to the end of the registration term.
You will be notified when renewal fees are due, and it shall be
your responsibility to ensure that such fees are paid. Should these
fees go unpaid by the time specified in the renewal notice, your
registration will be cancelled. You agree that 61com.com shall
have no liability whatsoever with respect to any such cancellation.
4.Charge Backs
You agree that you will
lose all rights upon the selected domain name in case of a charge
back by your credit card company, credit card fraud or any other
reserved payment. 61com.com will decide at his sole discretion
whether to hold the name in his own portfolio or to release it for
use by others.
5. Dispute Policy
You agree to be bound
by the current Uniform
Domain Name Dispute Resolution Policy ("Dispute Policy") which
is incorporated into this Agreement by reference and made a part
of this Agreement. Any disputes regarding the right to use your
domain name will be subject to the Dispute Policy provisions in
effect at the time your domain name registration is disputed by
a third party, in the event such a dispute arises. You also agree
that, in the event a domain name dispute arises with any third party,
you will indemnify and hold 61com.com harmless pursuant to the
terms and conditions contained in the Dispute Policy. 61com.com
may modify the Dispute Policy with the permission of ICANN at any
time. Your continued registration of your domain name after modification
to the Dispute Policy becomes effective constitutes your acceptance
of those modifications. If you do not agree to such a modification,
you may request that your domain name be deleted.
6. Use of Your Information
As part of the registration
process, you are required to provide certain information and to
update this information to keep it current, complete and accurate.
This information includes (1) your full name, postal address, e-mail
address, voice telephone number, and fax number if available; (2)
the name of an authorized person for contact purposes in the case
of a registrant that is an organization, association, or corporation;
(3) the IP addresses of the primary nameserver and any secondary
nameservers for the domain name; (4) the corresponding names of
those nameservers; (5) the full name, postal address, e-mail address,
voice telephone number, and fax number if available of the technical
contact for the domain name; (6) the full name, postal address,
e-mail address, voice telephone number, and fax number if available
of the administrative contact for the domain name; (7) the name,
postal address, e-mail address, voice telephone number, and fax
number if available of the zone contact for the domain name; and
(8) any remark concerning the registered domain name that should
appear in the Whois data. You agree and acknowledge that when you
renew your domain name registration, the type of information you
are required to provide may have changed. If you do not wish to
provide the new required information, your registration may not
be renewed. You acknowledge that willfully providing inaccurate
information or willfully failing to update information promptly
will constitute a material breach of this Agreement and will be
a basis for cancellation of your domain name. If you license use
of a domain name to a third party, you are nonetheless the holder
of record of the domain name and are responsible for providing your
own full contact information and for providing and updating accurate
technical, administrative, and zone contact information. You further
agree that your failure to respond for over fifteen (15) calendar
days to inquiries by 61com.com concerning the accuracy of contact
details associated with your registration shall constitute a material
breach of this Agreement and will be sufficient basis for cancellation
of your domain name registration. You acknowledge that 61com.com
will make some of the information that you provide during the registration
process publicly available as required by ICANN. Additionally, you
acknowledge that ICANN may impose guidelines, limits and/or requirements
that relate to the amount and type of information that 61com.com
may or must make available to the public or to private entities.
61com.com will not otherwise disclose your information to any
third party unless it is required to maintain your domain name.
You may request a copy of your information in 61com.com's possession
to review, modify or update such information.
7. Use Policies
61com.com reserves
the right to suspend or cancel your domain name in the event that
you use the domain name to send unsolicited commercial advertisements
in contradiction to either applicable laws or customary acceptable
usage policies of the Internet, or if you use your domain name in
connection with unlawful activity.
8. Agents and Licenses
You agree that, if your
domain name is registered on your behalf by anyone acting as your
agent (e.g., an Internet Service Provider, employee, etc.), you
are nonetheless bound as a principal by all terms and conditions
provided herein, including the Dispute Policy. You agree that if
you license the use of your domain name to a third party, you remain
the domain name holder, and remain responsible for all obligations
under this Agreement.
9. Limitation of Liability
YOU AGREE THAT 61com.com
WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT
MAY OCCUR DUE TO (1) ANY LOSS OF REGISTRATION OF A DOMAIN NAME,
(2) THE USE OF YOUR DOMAIN NAME, (3) ACCESS DELAYS OR ACCESS INTERRUPTIONS
TO 61com.com'S REGISTRATION SYSTEM; (4) THE NON-DELIVERY OR
MISDELIVERY OF DATA BETWEEN YOU AND 61com.com; (5) EVENTS BEYOND
61com.com'S REASONABLE CONTROL; (6) THE PROCESSING OF THIS APPLICATION;
(7) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED
WITH YOUR DOMAIN NAME, (8) THE FAILURE OF YOU OR YOUR AGENT TO PAY
ANY FEES HEREUNDER; OR (9) THE APPLICATION OF THE DISPUTE POLICY.
FURTHER, 61com.com WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST
PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF 61com.com HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
61com.com'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY
YOU TO 61com.com FOR REGISTRATION OF YOUR DOMAIN NAME DURING
THE PRIOR 3 YEARS UNDER THE TERMS OF THIS AGREEMENT. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISICTIONS, OUR
LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
10. Indemnification
You agree to defend,
indemnify and hold harmless 61com.com and any applicable domain
name Registry, including Network Solutions Inc, and the directors,
officers, employees and agents of each of them, for any loss, damages
or costs, including reasonable attorneys' fees, resulting from any
third party claim, action, or demand related to your domain name
or the use thereof. This indemnification is in addition to any indemnification
required under the Dispute Policy.
11. Representations
and Warranties
You represent and warrant
that, to the best of your knowledge and belief, neither the registration
of the domain name nor the manner in which it is directly or indirectly
used infringes the legal rights of a third party. You further represent
and warrant that all information provided by you in connection with
your registration is complete and accurate. 61com.com makes
no representations or warranties of any kind that registration or
use of a domain name under this Agreement will protect you either
from challenges to your domain name registration or from suspension,
cancellation or transfer of the domain name registered to you.
12. Breach and Revocation
Any breach by you of
this Agreement or the Dispute Policy must be remedied by you within
30 days of notice by 61com.com. If you fail to cure the breach,
61com.com may suspend, cancel, transfer or modify your registration
of the domain name. You further acknowledge and agree that your
registration of a domain name is subject to suspension, cancellation
or transfer by any ICANN procedure, by any registrar (including
61com.com) or registry administrator procedures approved by
an ICANN-adopted policy, or by any other TLD registry administrator
procedures as the case may be, (1) to correct mistakes by 61com.com,
another registrar or the registry administrator in administering
the name or (2) for the resolution of disputes concerning the domain
name. You also agree that 61com.com shall have the right in
its sole discretion to suspend, cancel, transfer, or otherwise modify
a domain name registration upon seven (7) calendar days prior written
notice, or at such time as 61com.com receives a properly authenticated
order from a court of competent jurisdiction, or arbitration award,
requiring the suspension, cancellation transfer or modification
of the domain name registration.
13. Change in Registrar
NSI registry policy permits
Registrant to change its Registrar for an existing domain name.
You agree that you can change the Registrar only in accordance with
the policy or other policy from time to time provided by ICANN.
The policy provides: (1). Each change of Registrar requires you
to enter into a new two year Registration Agreement and to pay the
appropriate registration fee; (2). You obtain no refund of any part
of the fee paid to existing Registrar.
14. Notices
You agree that any notices
required to be given under this Agreement by 61com.com will
be deemed to have been given if delivered in accordance with the
contact information you have provided.
15. Severability
You agree that the terms
of this Agreement are severable. If any term or provision is declared
invalid or unenforceable, it shall not affect the remaining terms
or provisions, which shall continue to be binding.
16.Governing Law
This Agreement, your
rights and obligations and all actions contemplated by this Agreement
shall be governed by the laws of the People's Republic of China,
except as may be set forth in the Dispute Policy. Except as otherwise
set forth in the Dispute Policy with respect to disputes, any action
to enforce this Agreement or any matter relating to your use of
the 61com.com site shall be brought exclusively in the People's
Republic of China District Court for the District of Xiamen.
17. General
This Agreement, the 61com.com
fee schedule and the Dispute Policy, together with all amendments
or modifications to any of them, constitute the complete and exclusive
agreement between you and 61com.com, and supersede and govern
all prior proposals, agreements, or other communications. Upon 61com.com's
notification of such amendations or modifications by publishing
them on our website, by email or postal mail. Such amendations or
modifications are coming into effect. Nothing contained in this
Policy shall be construed as creating any agency, partnership, or
other form of joint enterprise between the parties. The failure
of 61com.com to require your performance of any provision hereof
shall not affect the full right to require such performance at any
time thereafter; nor shall the waiver by 61com.com of a breach
of any provision hereof be taken or held to be a waiver of the provision
itself. In the event that any provision of this Agreement shall
be unenforceable or invalid under any applicable law or be so held
by applicable court decision, such unenforceability or invalidity
shall not render this Agreement unenforceable or invalid as a whole.
61com.com will amend or replace such provision with one that
is valid and enforceable and which achieves, to the extent possible,
the original objectives and intent of 61com.com as reflected
in the original provision. No provision of this Agreement, including
the 61com.com fee schedule and the Dispute Policy, may not be
amended or modified by you except by means of a written document
signed by 61com.com.
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