DOMAIN NAME REGISTRATION
AGREEMENT
1.Introduction
This Registration Agreement (“Agreement”) sets forth the terms
and conditions of your use of the domain name registration services
of paycenter.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 paycenter.com.cn. This Agreement will become effective
if accepted by paycenter.com.cn. paycenter.com.cn is an accredited
registrar with the Internet Corporation for Assigned Names and
Numbers (“ICANN”) under an agreement between paycenter.com.cn
and ICANN (“ICANN Agreement”). You acknowledge that paycenter.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.
3.Fees and Payment
As consideration for the domain name registration services
provided by paycenter.com.cn to you, you agree to pay paycenter.com.cn,
at the time of submitting your application for registration,
all applicable initial registration fees and renewal fees in
accordance with paycenter.com.cn’s fee schedule published at
paycenter.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
paycenter.com.cn shall have no liability whatsoever with respect
to any such cancellation.
4.Age of Majority
paycenter.com.cn cannot accept agreements and payments from
persons under the age of 18 year. Therefore, paycenter.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. paycenter.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 paycenter.com.cn harmless pursuant
to the terms and conditions contained in the Dispute Policy.
paycenter.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 paycenter.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
paycenter.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 paycenter.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 paycenter.com.cn may or must make available
to the public or to private entities. paycenter.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 paycenter.com.cn’s possession
to review, modify or update such information.
8.IP Address
paycenter.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 paycenter.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
paycenter.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 PAYCENTER.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 PAYCENTER.COM.CN’S
REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF
DATA BETWEEN YOU AND PAYCENTER.COM.CN; (e) EVENTS BEYOND PAYCENTER.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, PAYCENTER.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 PAYCENTER.COM.CN'S MAXIUMUM LIABILITY
EXCEED THE TOTAL AMOUNT PAID BY YOU TO PAYCENTER.COM.CN FOR
REGISTRATION OF YOUR DOMAIN NAME.
14.Indemnification
You agree to defend, indemnify and hold harmless paycenter.com.cn
and any applicable domain name Registries, including their 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. paycenter.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 paycenter.com.cn.
if you fail to cure the breach, paycenter.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 paycenter.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 paycenter.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 paycenter.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 paycenter.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
Registry's 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 paycenter.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.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 paycenter.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: Registrar Business
Affairs, Room 1858, New Century Office Tower, No.6 Southern
Road Capital Gym, Beijing 100044, 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 paycenter.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 paycenter.com.cn is authorized
to alter or amend the terms and conditions of this Agreement.
21. 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@paycenter.com.cn.
22.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.
23. Right of Refusal
We, in our sole discretion, reserve the right to refuse to
register your chosen domain name or register you for other paycenter.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.
24.Governing Law
This Agreement, your rights and obligations and all actions
contemplated by this Agreement shall be governed by the laws
of the United States of America and the State of California,
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 paycenter.com.cn site shall be brought exclusively
in the United State District Court for the District of California.
25.General
This Agreement, the paycenter.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 paycenter.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 paycenter.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 paycenter.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. paycenter.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 paycenter.com.cn as reflected in the original
provision. No provision of this Agreement, including the paycenter.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 paycenter.com.cn.