| .com, .net,
.org
, .mobi
registrations only |
1.Introduction
This Registration Agreement (“Agreement”) sets
forth the terms and conditions of your use of the domain
name registration services of DNS.com.cn 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 the Agreement,
the accompanying fee schedule, dispute policy and any
rules or policies that are or may become effective when
published by DNS.com.cn. This Agreement will become effective
if accepted by DNS.com.cn. DNS.com.cn is an accredited
registrar with the Internet Corporation for Assigned Names
and Numbers (“ICANN”) under an agreement between DNS.com.cn
and ICANN (“ICANN Agreement”). You acknowledge that DNS.com.cn
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 with 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.
2.1 .Mobi Additional provisions
Rigistrant acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide(www.mtld.mobi) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines(www.mtld.mobi) for compliance with the Style Guide.
Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted.
3.Fees and Payment
As consideration for the domain name registration
services provided by DNS.com.cn to you, you agree to pay
DNS.com.cn, at the time of submitting your application
for registration, all applicable initial registration
fees and renewal fees in accordance with DNS.com.cn’s
fee schedule published at DNS.com.cn’s web site. 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 DNS.com.cn shall have no liability whatsoever with
respect to any such cancellation.
4.Age of Majority
DNS.com.cn cannot accept agreements and payments
from persons under the age of 18 year. Therefore, DNS.com.cn
requires that its agreements be made with a person who
is qualified to contract. As such, you must be over the
age of 18 year. Otherwise, a parent or guardian must accept
this agreement and ensure the proper payment.
5.Charge Backs
You agree that you will lose all rights upon
the selected domain name in case of a charge back by your
credit acrd company, credit card fraud or any other reserved
payment. DNS.com.cn will decide at his sole discretion
whether to hold the name in his own portfolio or to release
it for use by others.
6.Dispute Policy
You agree to be bound by the current Uniform
Domain Name Dispute Resolution Policy (“Dispute Policy”)
which is incorporated in to 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 DNS.com.cn harmless pursuant
to the terms and conditions contained in the Dispute Policy.
DNS.com.cn 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.
7.Use of Your Information
As part of the registration process, you are
required to provide certain information and to update
this information to keep it current, complete and accurate.
This information includes: (I) your full name, both in
Chinese and English, postal address, e-mail address, voice
telephone number, and fax number if available; (ii) the
name, both in Chinese and English of an authorized person
for contact purposes in the case of a registrant that
is an organization, association, or corporation. (iii)
the name, both in Chinese and English, of such organization,
association or corporation. To better manage the domain
names registered through DNS.com.cn, we will provide the
following information on behalf of you to ICANN. You can
change these information before submitting your registration.
These information won’t affect the ownership of the chosen
domain name. These informations are: (1) the IP addresses
of the primary name server and the secondary name server
for the domain name; (2) the corresponding names of those
name servers, (v) the full name, postal address, e-mail
address, voice telephone number, and fax number of the
technical contact for the domain name; (3) the full name,
postal address, e-mail address, voice telephone number,
and fax number of the billing contact for the domain name.
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 contact information. You further agree
that your failure to respond for over fifteen (15) calendar
days to inquiries by DNS.com.cn 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 DNS.com.cn 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 DNS.com.cn may or must make available
to the public or to private entities. DNS.com.cn 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 DNS.com.cn’s
possession to review, modify or update such information.
8.IP Address
DNS.com.cn maintains control and ownership of
any and all IP numbers and IP addresses that may be assigned
to you and reserves in its sole discretion the right to
change or remove any and all IP numbers and addresses.
9.Receive emails
After submitting your application for a domain
name through our online application process system, you
will receive several emails directly from DNS.com.cn.
Only when you finish payment of the domain and receive
our email with subject of‘domain name is actived’, your
chosen domain name become valid.
10.Security
When you register a domain name with us through
our e-mail application process, you are responsible for
selecting a security option to protect your domain name
registration records (including your contract records
and host records) from unauthorized changes.
11.Use Policies
DNS.com.cn reserves the right to suspend or cancel
your domain name in the event that you use the domain
name to send unsolicited commercial advertisements or
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.
12.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
therein, 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.
13.Limitation of Liability
You agree that dns.com.cn will not be liable
to you or any other person for any loss that may occur
due to (a) any loss of registration of a domain name,
(b) the use of your domain name, (c) access delays of
access interruptions to dns.com.cn’s registration system;
(d) the non-delivery or misdelivery of data between you
and dns.com.cn; (e) events beyond dns.com.cn’s reasonable
control; (f) the processing of this application; (g) the
processing of any modification to the record associated
with your domain name, (h) the failure of you or your
agent to pay any fees hereunder; or (i) the application
of the dispute policy. further, dns.com.cn will not be
liable for any indirect, special, incidental, or consequential
damages or any kind (including lost profits) regardless
of the form of action whether in contract, tort (including
negligence), or otherwise, damages.in no event shall dns.com.cn's
maxiumum liability exceed the total amount paid by you
to dns.com.cn for registration of your domain name.
14.Indemnification
You agree to defend, indemnify and hold harmless
DNS.com.cn and any applicable domain name Registry, and
the directors, officers, employees and agents of each
of them, for any loss, damages or costs, including reasonable
attorney's 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.
15.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 to a third
party. You further represent and warrant that all information
provided by you in connection with your registration in
complete and accurate. DNS.com.cn makes no representations
or warranties of any kind that registration of 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.
16.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 DNS.com.cn. if you fail to cure the breach, DNS.com.cn
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 DNS.com.cn) or registry administrator
procedures approved by an ICANN-adopted policy, or by
any other TLD registry administrator procedures as the
case by be, (a) to correct mistakes by DNS.com.cn, another
registrar or the registry administrator in administering
the name or (b) for the resolution of disputes concerning
the domain name. You also agree that DNS.com.cn 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 DNS.com.cn 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.
17.Change in Registrar
ICANN policy permits Registrant to change its
Registrar for an existing domain name. You agree that
you can change the Registrar only in accordance with the
policy or other policy from time to time provided by ICANN.
The policy provides: (a) you can change your Registrar
for an existing domain name beginning on the 61st day
after the initial registration with the Registrar.;(b)
You obtains no refund of any part of the fee paid to existing
Registrar.
18.Notice
You agree that any notices required to be given
under this Agreement by DNS.com.cn will be deemed to have
been given if delivered in accordance with the contact
information you have provided.
19.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.
20.Accuracy of Domain Registration Contact Info
You must guarantee that the data you submit to
our database is accurate, that the third party can reach
you by this inforamtion. According to the rules of ICANN
on whois data(http://www.icann.org/registrars/wdrp.htm),we
have the right to delete the domain if the registrant
refuse to modify the incorrect contact information, and
the fees of the domain can't be refunded.
21.Modifications to Agreement
Except as otherwise provided in this Agreement,
you agree, during the term of this Agreement, that we
may: (I) revise the terms and conditions of this Agreement;
and/or (ii) change part of the services provided under
this Agreement at any time. Any such revision or change
will be binding and effective immediately upon posting
of the revised Agreement or change to the service(s) on
DNS.com.cn’s web sites, or upon notification to you by
e-mail or mail. You agree to periodically review our web
sites, including the current version of this Agreement
available on our web sites, to be aware of any such revisions.
If you do not agree with any revision to the Agreement,
you may terminate this Agreement at any time by providing
us with notice by e-mail or mail addresses as follows,
Attention: Registration Business Affairs, Room 2008,Building
C, Intelli Center,No.18, Zhongguancun East Road, Haidian
District, Beijing, 100083, P.R.China. Notice of your termination
will be effective on receipt and processing by us. Any
fees paid by you if you terminate your Agreement with
us are nonrefundable, but you will not incur any additional
fees. By continuing to use DNS.com.cn’s services after
any revision to this Agreement or change is service(s),
you agree to abide by and be bound by any such revisions
or changes. We are not bound by nor should you rely on
any representation by (I) any agent, representative or
employee of any third party that you may use to apply
for our services; or in (ii) information posted on our
web site of a general informational nature. No employee,
contractor, agent or representative of DNS.com.cn is authorized
to alter or amend the terms and conditions of this Agreement.
22.Notices and Announcements
You authorize us to notify you as our customer
of information that we deem is of potential interest to
you. Notices and announcements may include commercial
e-mails and other notices describing changes, upgrades,
new products and services or other information pertaining
to Internet security or to enhance your identity on the
Internet and/or other relevant matters. If you do not
wish to receive bulk email solicitation notices or announcements
please send us an email at remove@DNS.com.cn.
23.No Guaranty
You agree that, by registration of your chosen
domain name, even when such domain name is available at
time you registered, such registration does not confer
immunity from objection to either the registration or
use of your domain name.
24.Right of Refusal
We, in our sole discretion, reserve the right
to refuse to register your chosen domain name or register
you for other DNS.com.cn’s service(s), or to delete your
domain name within the first thirty (30) calendar days
from receipt of your payment for such services. In the
event we do not register your domain name, or we delete
your domain name within such thirty (30) calender day
period, we agree to refund any applicable fee you have
paid. You agree that we shall not be liable to you for
loss or damages that may result from our refusal to register,
the deletion your domain name.
25.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 DNS.com.cn site shall be brought exclusively
in the People's Republic of China Court for the District
of Haidian.
26.General
This Agreement, the
DNS.com.cn 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 DNS.com.cn,
and supersede and govern all prior proposals, agreements,
or other communications. Nothing contained in this Policy
shall be construed as creating any agency, partnership,
or other form of joint enterprise between the parties.
The failure of DNS.com.cn 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 DNS.com.cn 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. DNS.com.cn 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 DNS.com.cn as reflected in the
original provision. No provision of this Agreement, including
the DNS.com.cn’s fee schedule and the Dispute Policy,
may not be amended or modified by you except by means
of a written document signed by DNS.com.cn.