This domain Name Service Agreement(“Agreement”) sets forth the terms and conditions applicable to your purchase and use of the domain name registration, backorder, management, renewal and redemption services and any other related services provided by Gname (“We","Us" and”Our”) offered or made available through the website currently located at the URL:www.gname.com. This document is a legally binding agreement between you (the "registrant") as the purchaser and/or user of the services and the gname.
1.YOU AGREE TO THIS AGREEMENT
By using the services, you agree to all terms and conditions of this Agreement, the UDPR or the Uniform Rapid Suspension Policy ("URS"), and any rules, policies, or agreements published in association with specific Services and/or which may be adopted or enforced by the Internet Corporation for Assigned Names and Numbers ("ICANN"), as well as acceptable use policies, privacy policies, and WHOIS data policies, including the policies of relevant registries, and governments.
Notwithstanding any other written or oral statements you believe Gname may have made to you, this agreement constitutes the entirety of Gname's agreements with and obligations to you and the entirety of your contractual rights in your relationship with Gname.
2.DOMAIN NAME REGISTRATION
2.1 All applications for the registration of a domain name shall be made in the form and manner as may be prescribed from time to time by Gname, and you undertake to select the domain category in accordance with the selection criteria prescribed by the Registrar in respect of the subject domain name. You are wholly responsible for the information you submit to Gname in connection with the domain name registration, and to inform Gname of any changes or amendments to the same in a prompt and timely manner, and in any case within seven (7) days of such change. You shall ensure that current and valid addresses for one or more contacts responsible for and knowledgeable about the domain name and its operation are provided to Gname and updated from time to time as may be necessary, and undertake to furnish such further information in relation to the domain name registration as may be requested by Gname from time to time, including documentary proof that you qualify to have the domain name registered in the domain category selected by you.
2.2 No domain name registrations that you seek to register will be effective until (i) we have delivered the domain name registration information provided by you to us via the Gname Platform to the relevant registry administrator, (ii) you have made payment of the applicable fees and Gname has accepted your registration request following receipt of such payment, (iii) the relevant registry administrator puts into effect your domain name registration and (iv) we have informed you that the domain name registration is activated from the date as may be specified by Gname.
2.3 You agree and acknowledge that (i) domain names are registered on a first-come-first-served basis, and that the domain name of your choice may not necessarily be available for registration; (ii) Your domain name registration application is based on the registration status and query results in the domain name database of the the domain name authority at the time, but the absence of any conflict in the query does not necessarily mean that the domain name will be successfully registered; (iii) you warrants that the domain name applied for registration does not infringe the lawful rights of gname or any third party, including but limited to the trademark right, copyright and other intellectual property rights of others, and you shall solely bear all responsibilities if any violation; (iv) domain names are successfully registered which entitles you to use within the corresponding registration period under regulations and policies of ICCAN, versign and other relevant domain Registrar; (v) Gname may elect to suspend the domain name, or otherwise revoke the registration of the domain name, without prior notice if you are found to be in breach of the terms and conditions of this domain name service agreement or the Gname Membership Agreement, there is non-payment of service fees due to Gname, for compliance with ICANN policies, applicable laws or pursuant to a court order, and/or otherwise for security reasons; and (vi) Gname is not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator, including those arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration.
3.PRE-REGISTRATION SERVICE; DOMAIN BACKORDER SERVICE
You may place a backorder/pre-registration request for certain domain names using backorder/pre-registration service. For each domain name you place a backorder/pre-registration request for, we will make reasonable attempts to acquire such domain name on your behalf. We do not guarantee your backorder/pre-registration request will result in you obtaining the domain name and expressly reserve the right to refuse additional backorder/pre-registration requests or cancel existing backorder/pre-registration request at any time for any reason. If we refuse or cancel your backorder/pre-registration request, we will promptly refund any fees paid for the backorder/pre-registration request in the form of account credit or, at our option, alipay. By placing a backorder/pre-registration request, you agree to the following additional terms:(i) If you fail to make timely payment for a secured domain name, we may delete and make available the domain name for public registration; make the domain name available to third parties for purchase at our sole discretion; or assume the registration of the domain name. (ii) Using our backorder/pre-registration service may result in your domain name having a different registrar of record than us. By using our backorder/pre-registration service you acknowledge, understand and agree that you are bound by the materially similar registration agreement of the registrar of record, whoever that registrar may be.
4.Contact information;Change registrant
4.1 Default information. When you register or bid for a domain name on gname platform, we will submit your needs or orders to the upper level registrar or cooperative domain name service providers. Meanwhile, whois contact will be our default information.
4.2 You knowledge and agree that, for the purpose of facilitating your domain name transaction and management, you have to login in the account and enter the management center to edit contact information (registrant contact, administrative contact and technical contact), including but not limited to your name, identity information (such as high quality photocopy of ID card) and other relevant contact information(as email, address and phone number) . Once the contact information is edited, gname is authorize to submit your contact information to independent third-party registrars and related domain name service providers. That is, contact information will be synchronized to the registrar or cooperative domain name service agencies.
5.DOMAIN NAME RENEWAL AND REDEMPTION
5.1 You may renew the domain name prior to its expiration date via the Gname Platform. All applications for the renewal of a domain name shall be made in the form and manner as may be prescribed from time to time by Gname. The renewal of a domain name is subject to (i) your compliance with the terms and conditions of this Service Agreement and any and all applicable renewal procedures, (i) payment of all applicable service fees and (iii) our acceptance of your application for renewal.
5.2 If you fail to renew your domain name in the time frame indicated in this Service Agreement, certain Registries will provide a redemption grace period (the "Redemption Grace Period") during which you may pay a redemption fee to Gname and redeem your domain name. If you do not redeem your domain name prior to the Redemption Grace Period, such Registries will release your domain name and it will become available for registration on a first-come-first served basis. You agree and acknowledge that Gname shall not be liable in any way for any losses, damages, consequences or liabilities arising from the foregoing.
6.DOMAIN NAME PUSH
6.1 All applications for the domain name push shall be made in the form and manner as may be prescribed from time to time by Gname. The domain name push is subject to (i) your compliance with the terms and conditions of this Service Agreement and any and all applicable domain name push procedures as we may prescribe from time to time, (ii) the domain name being valid and not having expired and not being subject to any disputes, (iii) the domain name is not in arrears with registration fees; and (iv) agreement between the domain name transfer and the receiver.
6.2 Domain name push will not change WHOIS information. If you need to modify it, please manually modify it after pushing.
6.3 After sending push request, the other party must receive it within 24 hours, otherwise the system will cancel the request automatically.
6.4 We will not be responsible for any loss of money due to improper keeping of the account password, loss or disclosure, which may result in the domain name being stolen, transferred or pushed.
6.5 Once the domain name is pushed and accepted, the domain name cannot be returned to the seller.
6.6 In case of any disputes, arbitration or theft in the process of PUSH, Gname shall have the right to stop and cancel your PUSH at any time and lock the domain name.
7.Domain Name Transfer
7.1 You may transfer a domain name either to or from another registrar via the Gname Platform, subject to (i) your compliance with the terms and conditions of this Service Agreement and any and all applicable transfer procedures, (ii) payment of all applicable service fees, (iii) our acceptance of your application for transfer, (iv) certain restrictions published on Gname Platform and ICANN Transfer Policy and (v) approval by the respective registries. All applications for the transfer of a domain name shall be made in the form and manner as may be prescribed from time to time by Gname. You shall promptly furnish Gname with any information necessary to transfer your domain name to or from another registrar, or to assist Gname with resolving any transfer dispute.
7.2 Transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, including the Registrar Transfer Dispute Resolution Policy, available at http://www.icann.org/en/transfers/dispute-policy-12jul04.htm as well as the UDRP and URS.
7.3 To transfer your domain name(s) you should first login to your Account to lock or unlock your domain name(s) and/or to obtain the EPP "AuthCode" which is required to transfer domain services in an EPP registry. Alternatively, you should contact us to have your domain name(s) services locked or unlocked or to obtain the EPP "AuthCode." Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request.
7.4 We will follow the procedures for both gaining and losing registrars as outlined in ICANN's transfer policies.
7.5 Each registrar has its own transfer process and may choose not to accept an transfer at its sole discretion. Gname shall not be responsible for any issues resulting out of the decision of another registrar to not accept an domain name transfer, such as due to system standards of such registrar, or any failure of such registrar’s system preventing a transfer.
7.6 The domain name registered in your name may be transferred to another party without your consent and without notice to you if Gname receives a decision of an administrative panel appointed by a dispute resolution service provider approved by ICANN or by the respective registries for the purpose of resolving domain name disputes requiring such transfer pursuant to any administrative proceeding to which you were a party. Save for the foregoing, there shall not be any transfer of domain name between you and any other third party.
8.Dispute Resolution Policy
8.1 You agree to be bound by the appropriate domain dispute resolution policy (“Dispute Policy”) applicable to the domain that you have selected, including the Uniform Domain Name Dispute Resolution Policy, which has been developed by ICANN and/or the specific Registration Administrator(s) and is incorporated by reference in this Agreement. Certain disputes are subject to the applicable Dispute Policy, in the event such dispute arises, you agree that you will be subject to the provisions specified in the applicable Dispute Policy in effect at the time your domain registration is disputed by a third party. You further agree that, in the event a domain dispute arises with any third party, you will indemnify and hold Gname harmless pursuant to the terms and conditions contained in the applicable Dispute Policy.
8.2 You agree to submit to any proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP"), which can be found at http://www.icann.org/en/help/dndr/udrp, or ICANN's Uniform Rapid Suspension System ("URS") which can be found at http://newgtlds.icann.org/en/applicants/urs, as these may be amended from time to time. All other disputes between you and any party other than Gname regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of the UDRP may be resolved between you and such other party through any court, arbitration, or other proceeding that may be available.
8.3 We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
9.Payments and Fees
9.1 Services fees are payable for the provision of the services. You shall make payment of the service fees corresponding to your use of the services in accordance with the payment schedule as posted on the gname platform and the gname payment and tax terms.
9.2 All services fees shall be in USD unless otherwise stated, and shall be paid to gname in the manner and within the time period prescribed in the payment schedule. Failure to pay the service fees in the manner and within the time period prescribed may result in gname terminating this service agreement, suspending or terminating all or part of the services.
10.1 You warrant: i) any and all information or document,statement you provide to Gname is true, accurate, correct, complete, and not deceptive, fraudulent or misleading；ii) your registration and use of the domain name will not infringe upon or otherwise violate the rights of any third party or applicable laws and regulations；iii) you are not registering the domain name for an unlawful purpose；and iv) you will not knowingly use the domain name in violation of any and all current and future policies, regulations, terms and conditions of ICANN, the relevant registries and laws.
10.2 You agree and acknowledge that: i) you are liable or responsible for determining whether your domain name registration infringes or violates the rights of any third party, and that Gname relies on your warranties herein to provide the services to you; ii) Gname does not evaluate whether the registration or use of the domain name may infringe upon any rights of any third party, and you shall not use the fact that the domain name is registered pursuant to this Service Agreement as a defence in any proceedings brought by any third party in connection with the domain name; iii) Gname does not guarantee that you will be able to register, renew, redeem or transfer a domain name, even if Gname’s systems indicate that the domain name is available or you are able to complete an order with respect to such domain name; iv) Gname may elect to reject your application for registration, renewal, redemption or transfer of a domain name for any reason at its sole discretion, including, but not limited to, failure to comply with the terms and conditions herein, rejection due to a prohibited, improper, unavailable, infringing or otherwise questionable domain name; v) Gname may, in certain extenuating circumstances specifically approved by ICANN, required under a dispute policy, or mandated by a court of competent jurisdiction, renew your domain name registration without your explicit consent in order to prevent its deletion. Your failure to respond to expiration and/or renewal notices from Gname is not an extenuating circumstance; vi) Gname is not liable for any inaccuracies or errors in the domain name registration, renewal, redemption or transfer process, nor in any way for any errors, omissions, or any other actions by any third party or the Registry arising out of, or related to a request to register, renew, redeem or transfer a domain name.
11.Indemnity and Limitation of Liability
11.1 You will defend, indemnify, and hold harmless Gname, its affiliates, licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with any third party claim concerning your: i) use of the Services; ii) breach of this Service Agreement; iii) breach of any applicable laws; a iv)defined in the gname Membership Agreement) or misappropriation of third party rights in connection with your use of the Services.
11.2 Gname will promptly notify you of any claim subject to the above, but Gname’s failure to notify you will only affect your obligations above to the extent that our failure prejudices your ability to defend the claim. Gname reserves the right to assume control of the defense and settlement of the claim at any time.
11.3 save only for any warranties, representations, conditions and undertakings by Gname expressly set forth in this Service Agreement, Gname hereby excludes all other warranties, representations, conditions and undertakings, express or implied, to the maximum extent permitted under applicable law.
12.Modification of Agreement
You specially acknowledge and agree that the domain name system and its policies, and the practice of registering, monitoring and administering domain names are continually evolving. Thus, this agreement may change over time, either through amendments by us, changes to ICANN policy or applicable law which may or may not be reflected in the text of this agreement, or otherwise. Before any material changes to this agreement become binding on you (other than changes resulting from a change in ICANN policy or applicable law), we will notify you of such changes by, for example, sending email to you at your email address of record. If, as a result of such a change, you no longer agree with the terms of this Agreement, you agree that your exclusive remedy is (i) to transfer your domain name registration services to another registrar, or (ii) to cancel your services, including domain name registration services, with us. Your continued use of the services following notification of a change in this agreement indicates your consent to the changes. Unless otherwise specified by us, any such change binds you: (i) thirty (30) days after we notify you of the change, or (ii) immediately if such change is a result of a new or amended ICANN policy or applicable law.
13.Term and Termination
Your obligation to pay any fees or other amounts under this Agreement which arose prior to expiration or other termination of this domain name service agreement shall survive any such expiration or termination.
13.2 Termination. Gname reserves the right to suspend, cancel, transfer or modify your domain registration if: (i) you materially breach this domain name service agreement (including the Dispute Policy) and do not cure such breach within ten (10) days of notice by Gname; (ii) you use the domain to send unsolicited email, in violation of this domain name service agreement or applicable laws; (iii) you use your domain in connection with unlawful activity; or (iv) you otherwise violate this domain name service agreement as determined by Gname in its sole discretion. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED WITH THE TERMINATION OF YOUR RIGHTS TO THE DOMAIN NAME.
14.1Governing Law；jurisdiction. This Service Agreement shall be governed by the laws of Singapore without regard to its conflict of law provisions. The parties hereby submit to the jurisdiction of the courts of Singapore, on an exclusive basis, to settle any dispute or claim arising out of or in connection with this Agreement or their subject matter or formation (including non-contractual disputes or claims).
14.2Notices. You agree that any notices required to be given under this domain service Agreement by gname to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
14.3Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this domain name service agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
14.4Severability. If any provision or portion of any provision of this domain name service agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
This domain name service Agreement, and subsequent supplementary agreement, including but not limited to the specific service agreement, the applicable Dispute Policy (as modified from time to time), constitute the complete and exclusive agreement between you and Gname.