Thank you for choosing domain name services from Domain Creative Global Limited.
This is a service agreement between Domain Creative Global Limited (hereinafter referred to as Domain Creative Global) and/or the domain name registrar it represents and you, in relation to yourself and/or the domain name holder you represent.
When you apply for domain name registration through the domain name website/renew your domain name/transfer your domain name from another domain name registrar to domain name, and in other scenarios related to the use of domain name services, you need to directly confirm through the web page, accept the link and prompt to comply with the contents of this page, sign a written agreement, confirm through the actual use of the service, or in any other legal, regulatory or customary manner In order to continue to use the domain name services provided by DomainCorp, you must choose to accept this Agreement in any of the above ways. If you confirm this Agreement in any of the above ways, it means that you have entered into a domain name service agreement with DomainCorp and understand and agree to all the agreed contents of the agreement. Therefore, before accepting this agreement and enjoying the domain name service provided by us, please make sure to read all the contents of the agreement carefully, especially the limitations and exclusions of liability, the identification and handling of violations, and the selection of the jurisdictional court, etc., which will be reminded prominently by underlining.
If you do not understand the content of the agreement, please consult with Domain Global; if you do not accept any of the contents of this agreement, or if you cannot accurately understand the explanation of the terms of the agreement, please do not proceed with the subsequent operation.
I. Definition and Interpretation
1.1 Our registrar (“We”): Domain Global Limited, brand name: Domain Global, is a domain name registrar that provides domain name services through its own and partner’s technical interfaces and platforms, and accepts user’s commission.
1.2 User (“You”): herein refers to the individual or organization that applies for domain name services such as domain name registration, renewal and redemption at the relevant domain name registry through the domain name services provided by our registrar. The term “User” in these Terms of Service includes both the registered domain name holder and the account holder.
1.3 Registered Domain Name Holder (“Registered Domain Name Holder”, “Domain Name Holder”, “Domain Name Registrant”): refers to the registered domain name of the user filled in when registering the domain name, and through whois information shows the holder of the registered domain name. In some cases, the registered domain name holder may be referred to as the “domain name owner”, such expressions do not in any case represent that the registered domain name holder has any ownership or similar rights in the registered domain name, nor does the domain name holder derive such similar rights from such expressions.
1.4 Account Holder: means our account holder (including a natural person or organization) who owns our registered member account and who, although not the registered domain name holder, actually pays for the registered domain name or otherwise actually manages the registered domain name.
1.5 Internet Corporation for Assigned Names and Numbers (ICANN): means the organization responsible for the spatial allocation of Internet Protocol (IP) addresses, assignment of protocol identifiers, management of gTLDs and ccTLD systems, and management of root server systems.
1.6 China Internet Network Information Center (CNNIC): It is an organization responsible for the management of Internet domain names with “.CN”, “. China”, “. company”, “. CN”, “. China”, “. company”, “. network” ending with China’s domestic domain name registration management organization and domain name root server operation organization.
1.7 Domain name registry (“domain name registry”, “registry”): refers to the registry that has obtained the permission of ICANN and/or the relevant governing body of the country in which it is located according to law (e.g., the domain name registry providing services in China must also obtain the permission of the China Telecom (e.g., the domain name registry providing services in China must also obtain the permission of the Chinese telecommunications authority), the organization or institution that undertakes the operation and management of the corresponding top-level domain name.
1.8 Domain name registration service organization (“domain name registration service provider”, “domain name registrar”, “registrar”): refers to the organization or institution that has obtained ICANN and/or the relevant national Management agency license (for example, in China to provide services in the domain name registrar, must also obtain permission from the Chinese telecommunications management agencies), accept applications for domain name registration and complete the registration of domain names in the corresponding domain name registration management agencies in the top-level domain name database of the organization.
1.9 Top-level domain names (TLD): refers to the Internet domain name system top-level domain names, including international generic top-level domain names (gTLD), country and regional top-level domain names (ccTLD), new generic top-level domain names (newgTLD), internationalized domain names (IDNTLD), different domain name registries to undertake the operation and management of the corresponding top-level domain names.
1.10 Domain name registration: refers to the registration behavior of users applying for domain names in the top-level domain name database of the corresponding domain name registries through the registration channels and services provided by domain name registrars.
1.11 successful domain name registration: refers to the user within the specified period, through the domain name registrar paid the corresponding domain name registration fees, provided the domain name registration application materials, the corresponding domain name registry to confirm the application domain name has no prior registration of the same domain name, and does not violate the relevant mandatory provisions of domain name registration, and the user submits the application materials in line with the provisions, so as to give the user a certain period of time for the The right to hold the domain name for a certain period of time. The right to confirm whether a domain name has been successfully registered rests with the domain name registry.
1.12 Registration Data Directory Service (whois): is the domain name registration information query, display and dissemination service provided by the registrar in accordance with ICANN’s requirements and consensus policy and in accordance with the specifications of the 2013 version of the ICANN Registrar Appointment Agreement.
1.13 Illegal Activity: is the collective term for the use of services provided by a domain name registrar to register domain names in violation of relevant laws and/or the use of registered domain names served by a domain name registrar to commit acts in violation of relevant laws.
1.14 Domain Name Services: are those services related to domain names that are expressly listed by our registrar in Article 2 of these Terms of Service, or provided subsequently.
1.15 Third party services: refers to the services provided by third parties, related to registered domain names, such as: domain name dispute resolution services, domain name parking services, domain name display and domain name transactions, etc.
1.16 Domain Name Dispute Resolution Mechanism: It is a collective term for the corresponding policies and rules for resolving disputes arising from domain name registration and use, including but not limited to: Uniform Domain Name Dispute Resolution Policy (UDRP), Uniform Rapid Suspension System (URS), China Internet Network Information Center ccTLD Dispute Resolution, as well as the corresponding procedural rules, supplementary rules, etc. According to different types of top-level domain names (such as gTLD, ccTLD, newgTLD, etc.), the corresponding domain name dispute resolution mechanism shall apply, e.g. domain name disputes for gTLD domain names shall follow the UDRP policy.
1.17 “China”, “home country”, “domestic”, etc. in these Terms of Service refer to the People’s Republic of China.
1.18 Unless otherwise specified, “law” in the TOS refers to the laws, regulations and normative legal documents of the People’s Republic of China collectively.
1.19 “Working days” in these Terms of Service refers to the normal working days except for legal holidays, public holidays and bank rest days in China. “Working hours” refers to the time between 9:00 a.m. and 5:45 p.m. (GMT+8) during working days.
II. Domain name service content
2.1 Service Scope
2.1.1 We will provide you with domain name services according to your needs as follows: domain name registration, domain name renewal, transfer between domain name registrars, domain name registrant information change, domain name redemption and other domain name services.
2.1.2 We also provide the corresponding platform, channel and system required for these services, as well as the technical support, pre-sales and post-sales consultation services related to them.
2.2 Service Term
2.2.1 Start of Service: We will start to provide the service after we receive the valid application and/or confirmation submitted by you and complete the payment of all fees, for example, we will submit the domain name registration/renewal/redemption application to the corresponding registry only after we receive the registration/renewal/redemption application and fees paid by you. The confirmation of the result of the above mentioned services shall rest with the registry, therefore, successful payment does not mean that the domain name registration/renewal/redemption application has been successful.
2.2.2 Determination of service term: The service term starts from the date you successfully register your domain name through us or the date you successfully transfer your domain name to us, and the length of the service term will be determined according to the number of years corresponding to the payment of your domain name. Our service term expires on the date the domain name expires.
2.3 Termination of Service
The domain name service provided by us shall be terminated if one of the following occurs:
2.3.1 you transfer the domain name to a non-our domain name server/other domain name registrar
2.3.2 you fail to pay/renew your domain name on time before it expires, resulting in the termination of service due to the expiration of the domain name;
2.3.3 if your subject eligibility does not exist or is extinct and you have no successor;
2.3.4 we cancel the domain name based on your application for cancellation of the domain name;
2.3.5 we terminate the service if we find that you have obtained the domain name by deception, concealment or other illegal means, or if you have seriously violated the agreement of the Terms of Service
2.3.6 we terminate the service according to the ruling or notice of the competent department/judicial organ (such as court, domain name arbitration institution, domain name management institution, domain name registry, etc.)
2.3.7 we terminate the service based on prudent judgment to determine that you have illegal acts that infringe on the rights and interests of others or violate the provisions of national/local laws and regulations
2.3.8 After termination of the service, Domain Global will not be responsible for retaining user data, information, etc.
2.3.9 If both parties are willing to continue cooperation after the effective service period, they agree to negotiate separately on cooperation according to the new price and terms in effect at that time.
2.4 Service Results
2.4.1 You understand and agree that whether the domain name service application is successful or not is determined by the application itself and the time of application, etc. and confirmed by the domain name registry. We only submit the relevant procedures on behalf of you and do not guarantee in any express or implied way that your application for domain name service will be successful or that the service will not be deleted or withdrawn after successful application.
2.4.2 We shall have the right to take appropriate measures in accordance with ICANN policies, domestic laws and regulations, directives of competent authorities, and the agreement of the Terms of Service, in accordance with our prudent judgment, regarding your illegal behavior in the use of the domain name, including: requesting you to rectify, locking the domain name (i.e., prohibiting the modification of information, prohibiting the transfer out of the registrar, prohibiting the transfer between accounts, etc.), suspending the service (hold), deleting or canceling, etc, deletion or cancellation, etc.
2.4.3 If the user thinks that there is any disagreement with the independent judgment of DomainCorp, he/she may contact DomainCorp for secondary verification and processing, and DomainCorp’s responsibility for this is limited to restoring the service, but does not assume any other responsibility.
2.5 Domain Name Registration Service
2.5.1 Domain name registration service: You provide us with the application procedures and channels for domain name registration, submit relevant documents and information and entrust us to submit domain name registration applications and pay fees to the corresponding domain name registry on your behalf.
2.5.2 Successful domain name registration: the domain name applied for by the user is confirmed by the domain name registry that there is no prior registration of the same domain name, no violation of the relevant mandatory provisions of the domain name registration, and the domain name registration administration fee paid by the user and the domain name application information in compliance with the provisions are received within the specified period, and the domain name registry grants the user ownership of the domain name for a certain period of time. The right to confirm whether the domain name registration is successful or not rests with the domain name registry, and the availability of registration and successful payment do not necessarily mean that the domain name will be registered successfully.
2.5.3 The business logic on our platform is: the commission of completing customer’s domain name registration application through technical and other means, all belong to the domain name registration service (such as domain name grabbing, offline registration, batch registration and other services).
2.5.4 You understand and agree that whether the domain name is registered successfully is ultimately confirmed by the registry. We only submit the relevant procedures on behalf of you and do not guarantee in any express or implied way that the domain name you apply for registration will be successfully registered or will not be deleted after registration.
2.5.5 If the domain name is not successfully registered due to one of the following circumstances, we will refund the registration fee charged for this registration (except for the cases where the relevant domain name registry stipulates that it will not be returned). Other than that, we shall not be responsible for any other responsibilities.
2.5.5.1 The domain name is grabbed by others when the user fills out the domain name registration application form online;
2.5.5.2 The domain name applied for by the User is pre-empted by others due to problems with telecommunications lines and equipment;
2.5.5.2 the user does not fill out the registration application form in strict accordance with the registration requirements, or fill out incorrectly or irregularly and cause the domain name to be grabbed, or cause a dispute over ownership;
2.5.5.4 the user fails to submit the domain name registration materials in strict accordance with the prescribed deadline; or fails to submit written supporting materials as required by the registry or the submitted supporting materials do not meet the requirements of the domain name registry;
2.5.5.5 registration failure or delay due to system failure or operational error of the domain name registry or our company;
2.5.5.6 the cancellation of the registration service of the corresponding top-level domain name due to the requirements of national laws and regulations and policies, policy changes of the domain name registry, technology and other reasons
2.5.5.7 the domain name is grabbed by others after the user accepts these terms and conditions until our company receives your payment and pays to the domain name registry
2.5.5.8 the registration material submitted by the user is considered by the domain name registry as not conforming to the relevant regulations, resulting in unsuccessful domain name registration or cancellation after successful registration
2.5.5.9 the domain name applied for registration by the user belongs to the domain name range prohibited or restricted by national laws and regulations and policies;
2.5.5.10 the user applies for registration of the domain name belongs to ICANN and or registry restrictions on the registration of the domain name range;
2.5.5.11 other unsuccessful registration of the user’s domain name due to factors that our company cannot predict or cannot control.
2.5.6 Before confirming and verifying with us, you should not judge the result of domain name registration and further claim that you or a third party is the registrant or applicant of the domain name, thus resulting in disputes and litigation, you shall bear the relevant responsibility.
2.5.7 Whether the domain name can be used normally after registration (domain name resolution, building website/email server and other network applications, etc.) is affected by the relevant national and regional laws and regulations and the management behavior of the domain name management agency, therefore:
2.5.7.1 you shall make your own judgment as to whether you want to apply for the domain name registration and whether the domain name registration meets your needs;
2.5.7.2 We will provide instructions on the relevant pages, but we do not guarantee that your successfully registered domain name can be used normally, nor do we assume the consequences and responsibilities except as expressly provided by law.
2.5.7.3 In the event of a domain name dispute, arbitration, litigation, violation, cancellation, etc., and we are unable to notify you through the domain name registration information, we have the right to suspend, cancel, return, transfer the domain name and other operations in accordance with the relevant provisions, and the resulting losses and responsibilities shall be borne by you; you shall be aware of the above and agree to abide by the relevant agreements, and shall not use any way to circumvent Otherwise, we have the right to take legal measures to hold you responsible for the damage caused to us and the third party.
2.5.8 You understand and agree that once you apply for registration, you undertake to comply with the legal provisions of the relevant countries and regions, the specifications of the domain name management agencies and the relevant regulations of the competent authorities.
2.5.8.1 According to the laws of relevant countries and regions, the regulations of domain name management institutions, the instructions of competent departments and the content of this Agreement, we have the right and obligation to deal with your illegal behavior in the process of using the domain name, and the disposal measures include but are not limited to: requesting the domain name user to rectify the situation, stopping the domain name service (prohibiting resolution, prohibiting update information, prohibiting transfer of registrar, prohibiting renewal, prohibiting transfer of account), deletion or cancellation of domain names, etc.
2.5.8.2 The User guarantees that the domain name applied for does not infringe upon our legal rights or those of any third party, including but not limited to the name rights, trademark rights and domain name rights of others. If the domain name applied for violates our rights or the rights of any third party, the User shall bear all responsibilities. The User undertakes to assume the rights and obligations arising from the entire process of this domain name registration.
2.5.8.3 In accordance with the requirements of the domain name management agency and the competent department, we may conduct a preliminary review of your application for domain name registration and reject the registration application if it does not comply with the corresponding management regulations and legal provisions. However, such preliminary examination does not include the examination of whether the domain name applied by you infringes on the rights of others or whether the domain name applied by others infringes on your rights; nor does it include the responsibility for the truthfulness, accuracy and completeness of the registration information filled by you.
2.6 Domain name renewal service
2.6.1 Domain name renewal service refers to the service that you provide through us to handle the application procedures and channels for domain name renewal, submit relevant documents and entrust us to submit domain name renewal applications and pay fees to the corresponding domain name registry on your behalf during the validity period of the domain name. The registry will accept the renewal application and extend the validity of the domain name before the renewal is successful, and the result of the renewal shall be subject to the confirmation of the registry.
2.6.2 If you wish to continue to hold the domain name and our services after the expiration of the domain name, you should complete the renewal before the expiration of the domain name to ensure that we receive your valid renewal application and payment before the expiration of the domain name, otherwise, you will lose the domain name holding right and the domain name services you have enjoyed. If you fail to initiate a renewal application and make full payment to us before the expiration of the domain name, you shall bear the responsibility and loss for not being able to continue to hold the domain name as a result of your actions.
2.6.3 If you renew your domain name in accordance with the regulations and the domain name registry accepts your renewal, our service period will be extended until the expiration date of the domain name recognized by the domain name registry. You agree that we have the right to prohibit the renewal of the domain name if the registration information of the domain name held by you is untrue, inaccurate or incomplete and if you act illegally in the course of using the domain name service.
2.6.4 You understand and agree that the domain name renewal application needs to be confirmed by the registry before it can take effect, therefore we do not guarantee that the renewal will be successful, and successful payment of the domain name renewal fee does not mean that the domain name renewal is successful. Due to the automatic renewal mechanism of whois (the domain name will be automatically extended for 1 year after expiration regardless of whether the domain name holder renews or not), the expiration date of the whois query does not represent the domain name renewal result.
2.6.5 We will send you a renewal notice by email within a certain period of time before and after the expiration of the domain name, the email contains the relevant domain name expiration and policy explanation, etc. The renewal notice is sent automatically by the system, affected by the network environment, whether your email address is true and correct, email incoming settings and other factors, there may be individual renewal notices can not reach the situation, we do not guarantee that you can receive 100% of the relevant We do not guarantee that you will receive the notification. You should pay attention to the expiration of your domain name on your own, and your failure to receive, pay attention to, read, or misunderstand our renewal notices shall not be taken as a reason or explanation for your failure to renew or pay on time.
2.6.6 You understand and agree that if you have successfully renewed your domain name, the fees paid are non-refundable.
2.6.7 If the domain name is successfully renewed, the number of years of domain name expiration will be increased according to the number of years of your application and payment. If the domain name is not successfully renewed, it means that the commission has failed, and we shall not be liable for any other responsibilities other than those expressly provided by law, except for the refund of the renewal fee paid by you for this renewal commission.
2.7 Renewal of expired domain name service
2.7.1 You understand and agree that if you do not complete the renewal before the expiration of your domain name, you agree that we may renew the expired domain name on your behalf, and if we decide to renew the expired domain name on your behalf, you will have a grace period provided by us for renewal. You will still be able to renew your domain name at the normal renewal price during the said period. As the domain name has expired, during the renewal grace period, you will no longer be entitled to the rights and related services during the original service period except for the renewal rights.
2.7.2 The grace period for renewal is 0-30 days, and the grace period for renewal varies for different suffixes, users should complete the renewal before the domain name expires. Under the premise of complying with ICANN policy, we have the right to make special rules for domain name grace period according to the renewal rate and abuse rate of users, such as: the same suffix may have different renewal grace periods for different users; the same suffix domain name may have different renewal grace periods at different times, etc.
2.7.3 You understand and agree that the success of renewal after the expiration date depends on the relevant domain name regulations and policies, the decision of the domain name registry, etc. We do not guarantee that the renewal will be successful. According to 2.6, if you need to renew your domain name before the expiration date, you will have to bear the risk and consequences of the cancellation of the existing domain name record, domain name renewal failure, the need to redeem the domain name or even the loss of the domain name!
2.7.4 If you succeed in renewing the domain name within the grace period, the domain name will be valid for an additional number of years based on the expiration date of the original domain name; if you fail to succeed in renewing the domain name, we will not be liable for the renewal fee charged, except for the refund of the corresponding renewal fee, except as expressly provided by law.
2.7.5 You understand and agree that for expired domain names, in view of the expiration of the Service Term, we are no longer required to perform our obligations to you under this Agreement, except as provided in Section 2.7.1 and Section 2.8.1. Accordingly:
2.7.5.1 You grant us an irrevocable authorization: once your domain name expires, we may either choose to maintain the WHOIS registration information prior to the expiration of the domain name or update the WHOIS registration information (including but not limited to the domain name registrant); at the same time, we may either keep the expired domain name under your account or choose to transfer this domain name to a dedicated account for unified management.
2.7.5.2 For expired domain names, we will choose to stop the resolution of the original page at a certain point and redirect the domain name to an appropriate display page without restriction to clearly indicate that your domain name has expired and provide renewal instructions, provided that we comply with the regulations of the domain name administration. We will not and cannot verify whether such redirection violates your legal rights (e.g., intellectual property rights, privacy rights, trademark rights), whether the content displayed in the redirection is appropriate, whether it violates the laws or regulations of any country or region, and whether it is damaging to you or to third parties or their reputations. We shall not be liable for direct or indirect damages arising from the redirection, except for the timely suspension of the redirection of the domain name in question upon receipt of a decision by the relevant judicial authority.
2.7.5.3 After the domain name expires, we reserve your right to regain possession of the domain name by an act of renewal within the same length of the renewal grace period provided by us, and by an act of redemption within the same length of the redemption period provided by us. In the event that all of the above periods have expired and you have not exercised your right to renew or redeem, you shall not be entitled to any rights or entitlements in respect of the Domain Name.
2.7.5.4 You give us an irrevocable authorization, after the domain name expires and you do not renew the domain name within the renewal grace period, we have the right to dispose of the domain name (including but not limited to open pre-release, release auction, delete release, etc.) without additional notice to you, and we shall not be liable for this operation, the user has the right to redeem the domain name within the redemption period, but not the right to request for the renewal of the domain name at the original price The User shall have the right to redeem the domain name during the redemption period, but shall not have the right to request the renewal of the domain name at the original price or request us to compensate other losses.
2.8 Redemption of Domain Names
2.8.1 We provide you with the redemption service for expired domain names, i.e. if you fail to complete the renewal of the expired domain name within the renewal grace period, the domain name will enter the redemption period after the expiration of the renewal grace period. You may apply for domain name redemption during the redemption period. Since the domain name has expired, you will no longer be entitled to the rights and related services during the service period. During the Redemption Period, we only guarantee your right to apply for redemption of the domain name.
2.8.2 Subject to ICANN policies, we have the right to determine and adjust the exact length of the redemption period at our sole discretion. The specific number of days of the redemption period is not part of this Agreement, and the number of days of the redemption period for a specific domain name is subject to our announcement or consultation at that time.
2.8.3 You understand and agree that the success of the domain name redemption depends on the relevant domain name regulations and policies and the decision of the registry, and we do not guarantee the success of the redemption.
2.8.4 If you succeed in redeeming the domain name by paying the redemption fee, the validity of the domain name will be increased by one year from the expiration date of the original domain name; if you pay the redemption fee during the redemption period but ultimately fail to redeem the domain name, we shall not be liable except for the refund of the corresponding redemption fee charged, except as expressly provided by law.
2.8.5 Due to objective circumstances such as premium domain names, registry cost adjustment and bidding results of expired domain names, the redemption fees for different domain names may vary, upon receipt of your redemption request, we will carefully determine the redemption fees for your requested domain name and inform you of the redemption fees. The redemption fees of previous redemption records and other domain names of the same type other than the domain name requested by you shall not be used as the pricing criteria for redemption requests.
2.9 Inter-Registrar Transfer Service for Domain Names
2.9.1 Registrar-to-Registrar Transfer Service for domain name refers to: during the validity period of the domain name service, you can submit the relevant documents and information and entrust us to submit the domain name transfer application and pay the fees to the corresponding domain name registry on your behalf through the domain name transfer application procedures and channels provided by us. Through this service, you can transfer your domain name from other registrars to us or from us to other registrars.
2.9.2 Transfer process between domain name registrars: the domain name holder will request the transfer password from the registrar where the domain name is located (hereinafter referred to as the transferring party), submit the transfer password to the registrar to which the domain name will be transferred (hereinafter referred to as the transferring party), the transferring party will fill in the transfer password to the registry system, and after verification of correctness, the transferring party will initiate the transfer application, and the domain name will be completed only after the transferring party agrees to release the domain name.
2.9.3 You shall ensure the legality and legitimacy of the above-mentioned inter-registrar transfer operation of the domain name.
2.9.4 According to the above description, whether the domain name is successfully transferred or not is affected by many factors. Successfully submitting the transfer application to us or successfully obtaining the domain name transfer password from us does not mean the domain name is successfully transferred, and we do not guarantee that the domain name will be successfully transferred, please refer to the final confirmation result of the domain name transferring party for the specific transfer result. If the domain name transfer fails, it will be considered as a failure of the transfer commission, and we will not be liable except for the refund of the transfer fee charged for the domain name, except as expressly provided by law.
2.9.5 You understand and agree that we have the right to approve or reject the inter-registrar transfer service for a domain name in accordance with national laws and regulations, policies of relevant domain name administration agencies and our registrar rules.
2.9.6 The domain name holder shall not apply for transfer of domain name registrar service under the following circumstances:
2.9.6.1 The domain name is less than sixty (60) days after registration;
2.9.6.2 less than fifteen days from the expiration date of the domain name or has expired;
2.9.6.3 the domain name is in the state of default domain name fees
2.9.6.4 the main identity of the domain name holder is unclear or in dispute;
2.9.6.5 the domain name is in litigation proceedings, arbitration proceedings or during the domain name dispute resolution process
2.9.6.6 domain name by the relevant state authorities required by law to stop the resolution of or prohibit the resolution of;
2.9.6.7 other circumstances that are stipulated in national laws and regulations, ICANN policies and registry policies that cannot be changed.
2.9.7 If you transfer your domain name from another registrar to us, you shall confirm and agree to all the agreements of this Agreement before the transfer. You shall be deemed to have agreed to the terms and conditions of this Agreement upon successful application for transfer. If you do not agree to the terms and conditions, please stop submitting the transfer application or contact us in time to terminate the domain name transfer.
2.10 Domain name information modification service
2.10.1 Domain name information modification service refers to the service that you can submit relevant documents and information and entrust us to submit domain name information modification application to the corresponding domain name registry on your behalf through the application procedures and channels provided by us during the validity period of the domain name service.
2.10.2 In accordance with the requirements of the Real Name Network System, the new registrant information submitted by you for domain name information modification must be true, accurate, complete and free from any misleading or false statements. The consequences arising from the new registrant information you fill in is not true, accurate and complete shall be borne by the user, and we have the right to refuse to accept such domain name information modification services.
2.10.3 Domain name registrant information change is a change of information, not equal to the cancellation of the domain name, and will not make the domain name generate a refund of any historical fees paid.
2.10.4 You understand and agree that, in accordance with the relevant ICANN policies, after a significant/substantial change in domain name information, we will provide the user with the option of whether to set a 60-day lock, and if a 60-day lock is set, the domain name may not be transferred between registrars during the lock period. The User further (and shall make the original registrant and the new registrant) aware that we reserve the right to impose appropriate restrictions on the User’s exercise of this option. If the ultimate goal is to transfer the domain name to another registrar, we recommend that the original registrant first cancel the 60-day lock in order to avoid a failed transfer to another registrar.
2.10.5 The User undertakes that the operation of the domain name information modification will not place us in breach of contract or illegal situation. We shall not be liable for any dispute, controversy, loss, infringement, breach of contract, etc. arising between the User, the original registrant, the new registrant and any third party as a result of such domain name information modification, except as expressly provided by law. The User further undertakes that the User shall be liable for any damage caused to us as a result of the User’s modification of the domain name information.
2.10.6 If the domain name has one or more of the following conditions, we may dispose of the domain name, and the disposal measures include but are not limited to: prohibiting the modification of the domain name information, modifying the domain name information to the specified information, and adjusting the domain name information according to the requirements of the competent departments and management agencies.
2.10.6.1 The domain name has expired;
2.10.6.2 The domain name has abnormal conditions such as unpaid fees, disputes, arbitration, litigation, etc.;
2.10.6.3 The domain name information is restricted to be modified or requested to be modified to the specified information according to the notice of the competent institutions or judicial organs (including but not limited to government departments, competent authorities, judicial institutions, domain name management agencies, etc.).
2.10.6.4 Any other cases that Domain Creative believes should be disposed of for legitimate reasons.
2.11 Inter-account transfer service for domain names (hereinafter referred to as domain name PUSH)
2.11.1 Domain name PUSH operation means that the account where the domain name is located initiates a domain name transfer account application, and after the receiving account agrees, the domain name is transferred from the host account to the receiving account; or, the receiving account initiates a domain name transfer account application, and after the host account agrees, the domain name is transferred from the host account to the receiving account.
2.11.2 Domain name PUSH is an autonomous act between the two users, and when to transfer, to whom to transfer, what domain name to transfer, and the fees charged for the transfer are determined by both accounts, and the completion of PUSH is considered as the user having agreed to this push.
2.11.3 The relevant transferring party shall be aware of the risk of property loss that may result from the transfer of the account, and shall know not to use our domain name PUSH service to implement illegal acts, and that the user shall be responsible for any losses resulting from this;
2.11.4 In order to ensure security, we reserve the right to judge, restrict, revoke, and execute such domain name PUSH according to actual circumstances, laws and regulations, and requirements of the competent authorities.
2.12 Domain name services at the initial stage of launch
2.12.1 We may provide domain name registration services for some new TLDs from the initial launch period (including the Sunrise Period, Landrush Period, etc.) in accordance with our agreement with the corresponding domain name registry. You agree that for domain name registrations made during this period, you shall:
2.12.1.1 be bound by the relevant terms and conditions of ICANN’s Rights Protection Facility regarding procedural and process compliance requirements, including the requirements of the Global Trademark Clearinghouse (TMCH), and the dispute resolution policies of any sunrise period;
2.12.1.2 You further agree that the domain name registry, or its domain name registrar, is exempt from liability for any damages and liabilities resulting from the procedures or processes of the Sunrise or Landrush Period, including (a) your ability or inability to register a domain name during that period; and (b) any outcome of a dispute over a domain name registered after the Sunrise Period.
2.13 Other Services for Domain Names
2.13.1 Domain name services other than those agreed to in this clause 3.4 to 3.9 are other services for domain names, including but not limited to domain name transactions (domain name bidding, auction, special auction, domain name brokerage, etc.), value-added services (domain name parking, domain name privacy protection, domain name security lock, etc.).
2.13.2 If you want to enjoy other services of domain name, please make sure to understand and comply with such service terms or instructions, we have the right to provide, reject, terminate such services according to the specific service terms or instructions.
2.13.3 For the avoidance of doubt, we declare that the above-mentioned domain name other services are not within the scope of services of this Agreement, and if we have special provisions or special requirements for such services, you should carefully read and agree to all the terms of service and instructions for use of such services before accepting and using such services. The implementation of other services of the above domain name, modification and change of the terms of service shall not affect the agreement and implementation of this service agreement.
2.14 Service Fees and Payment
2.14.1 You understand and agree that if you need to continue to enjoy the services, rights and privileges provided by us, you shall pay the full amount of fees on time and in full, and if you cannot continue to enjoy the services, rights and privileges and other derivative losses caused by the failure to pay the relevant fees on time and/or in full, you shall bear the relevant responsibilities and consequences.
2.14.1.1 Unless otherwise agreed, the fees paid will not be refunded after the successful registration, renewal, transfer or redemption of the domain name, regardless of whether there is a domain name change, transfer, suspension, deletion, etc.
2.14.1.2 You shall pay the full amount of fees on time, for example, you shall pay the domain name renewal fee before the expiration of the domain name service; you shall pay the domain name redemption fee before the expiration of the domain name redemption period, etc.
2.14.1.3 You shall pay the full amount of fees, and for each domain name registration, renewal, transfer and other operations, the fees at the time of payment shall apply. Domain name service prices are variable, for example, the registration and renewal prices of premium domain names. The service fees for a certain type of TLD announced by us are for reference only, and the specific service fees charged are subject to the final payment result of the specific domain name service you applied for or the result we informed after careful verification.
2.14.1.4 From time to time, we may offer special offers such as discounts, free services, price reductions, etc. Such offers may be in the form of price reductions, vouchers, coupon codes, etc. You agree and understand that you accept:
2.14.1.4.1 all complimentary service items or promotional activities are one-time special offers in addition to the normal service prices of V-Creative Global, and do not include modification, upgrade, update and maintenance of complimentary service items, and complimentary service items or promotional activities cannot be discounted or offset against the service prices;
2.14.1.4.2 Since there are some pre-requisites (such as membership qualification, service hours, total order amount, etc.) for some promotions and the pre-requisites are stated in the activity rules, etc., and the activity rules will be updated (including but not limited to the activity time, participation qualification, and adjustment of the content of the offer) according to the activity effect and other needs, please refer to the latest activity rules;
2.14.1.4.3 You agree and understand that you can participate in the promotion only if you meet the relevant pre-conditions. If you find that you do not meet the pre-conditions, V-Creative Global reserves the right to withdraw the products and services involved in the promotion and refund the amount you have paid (if any);
2.14.1.4.4 Since some of the pre-conditions of the activities are based on the length of service and the total amount of the order, if you terminate the service before the end of the length of service, resulting in insufficient length of service, or make a refund, resulting in insufficient total amount of the order, etc., V-Creative Global has the right to request you to reimburse the amount of the enjoyed discount by restoring the original price of the billing, abolishing the voucher, canceling the amount represented by the coupon code, etc;
2.14.1.4.5 Some of the activities may have restrictions on the use, such as no transactions within the deadline, if you need to remove the relevant restrictions, you need to make up the amount deducted from the previous activities.
2.14.1.4.6 Unless otherwise expressly agreed, multiple offers cannot be used at the same time.
2.14.1.5 You may make payments to us using a billing name and address different from the name and address provided in the registration data. However, the person or entity making payment for domain name registration services does not represent that it has control or ownership of the registered domain name. You shall obtain the consent of the domain name holder when you renew the domain name, etc. Your payment with us shall be deemed to have been legally authorized by the domain name holder and you shall be responsible for your payment.
2.14.1.6 If the domain name registered by you is cancelled or transferred in violation of these Terms, the domain name fees paid by you will not be refunded.
2.14.2 We have the right to set the price of our products and services in accordance with the law:
2.14.2.1 We reserve the right to adjust the rates of relevant products and services, including the right to cancel the provision of free services and products and charge fees for them.
2.14.2.2 We have the right to set different rates, activities and preferential promotions according to our own business needs, market conditions, etc. The domain name service fees are dynamic and variable.
2.14.2.3 The price standard of a certain type of TLD shown on our webpage is not equal to the price standard of a specific domain name, the price of a specific domain name service is subject to the final payment amount or our offer to you after careful verification.
2.14.2.4 You agree that we shall not be liable for any disputes arising from the adjustment of the tariffs, except as expressly provided by law.
2.14.2.5 Other reasonable rights in connection with pricing.
2.14.3 You understand and agree that you can voluntarily complete the top-up through the channels shown on our payment page. By topping-up, you agree to abide by our rules for payment, withdrawal and other fees, and if you do not agree to the relevant rules, please do not top-up.
III. User Code of Conduct
3.1 Before you confirm this agreement for domain name registration and related actions, you shall ensure that
3.1.1 meet the identity and qualifications required for the registration and use of the corresponding domain name, will not violate other documents you have previously signed as a result of accepting this Agreement or conducting domain name registration, and will not place us in breach of contract or illegal situation.
3.1.2 Have read the ICANN Consent Policies and Specifications regarding the rights and responsibilities of domain name registrants and agree to accept them in their entirety (www.icann.org/zh/resources/registrars/raa/registrant-rights-responsibilities)
3.1.3 have read and fully understand all of these Terms and Conditions, and agree to make payments as required and to comply with all obligations incumbent upon you
3.1.4 If you are registering on behalf of a third party, you shall ensure that such third party has understood and agreed to comply with all of the foregoing obligations. In addition, if you provide registration information that includes the information and use of a third party, you shall ensure that you have informed and obtained the consent of such third party.
3.2 You undertake to comply with all applicable laws and procedures, policies, practices, etc. in registering your domain name and using the registered domain name for information dissemination and self-service, including but not limited to
3.2.1 All policies and regulations issued by ICANN and then in effect, and in the event of any inconsistency between such policies and regulations and this Agreement, the policies issued by ICANN shall prevail, except for those that the Registry allows the Registrar to specify on its own.
3.2.2 All applicable laws, regulations, administrative policies and provisions (e.g., you shall comply with the Internet Domain Name Administration Measures, complete real name authentication of domain name holders, etc., if you register and use a domain name in China).
3.2.3 If required by the appropriate domain name registry, you shall also comply with: applicable laws relating to privacy, data collection and consumer protection (including misleading and deceptive conduct) and laws relating to fair lending, debt collection, organic farming (if applicable), disclosure data and financial regulations; and other relevant laws, regulations, administrative rules and national policies; and if you are collecting and maintaining sensitive medical and financial data, you must also comply with applicable laws governing the provision of such services and take reasonable security measures applicable to that area.
3.3 You shall comply with all Registry policies for the domain name you are registering, including
3.3.1 the relevant provisions of the Registry Agreement between the Registry and ICANN and the Registry-Registrar Agreement between the Registry and the Registrar;
3.3.2 The operating standards, policies, procedures, practices and methods of operation of the domain name registry as published by the domain name registry on its official website from time to time and applicable to all domain name registrars, or applicable to all domain name registrars and registered domain name holders, with respect to the domain name registry.
3.3.3 In the event of any inconsistency between the Registry’s policies and this Agreement, the Registry’s policies shall prevail, except to the extent that the Registry permits the Registrar to prescribe its own content.
3.4 You understand and agree that you shall comply with the applicable domain name dispute resolution mechanism and obey the relevant policies and procedural provisions, supplementary rules, etc. of ICANN, the Registry and the domain name dispute resolution organization.
3.4.1 For generic top-level domain names (gTLDs), you shall comply with the relevant provisions of the UDRP policy; for new generic top-level domain names (newgTLDs), you shall also be subject to the URS rules;
3.4.2 For country and territory domain names (ccTLD), you shall comply with the domain name dispute resolution mechanism required by the corresponding registry, for example, for China domestic domain names, you shall comply with the China Internet Network Information Center ccTLD Dispute Resolution.
3.5 You understand and agree that the policy provisions of Section 3.1, Section 3.2, Section 3.3 and Section 3.4 above, together with this Agreement, and the domain name registration application materials submitted by you, constitute the entire agreement between you and us regarding domain name registration. In the event that the relevant Domain Name Policy is changed or modified, the new Domain Name Policy will apply to the domain name you have registered. You shall not rely on your ignorance of the change in the relevant Domain Name Policy as a reason for non-compliance or breach of contract.
3.6 You warrant that you will not engage in any unlawful conduct with respect to the domain name, including
3.6.1 the domain name will be registered without infringing the rights and interests of any third party, the domain name is not registered for malicious or any illegal purpose; the use of the domain name will not violate any relevant laws and regulations
3.6.2 You shall not use the registered domain name to produce, copy, publish or disseminate any harmful information prohibited by laws and regulations. You warrant that the use of the domain name will not spread malware, maliciously run botnets, phishing, piracy, infringe trademarks or intellectual property rights, commit fraud or deception, counterfeit or forge, send spam emails or engage in other conduct contrary to the law.
3.6.3 Your application for registration of a domain name and direct or indirect use of the domain name will not infringe upon the legal rights of others (e.g., the name rights, trademark rights and domain name rights of others).
3.6.4 You shall not provide registration services for the next level of domain name to the public under its registered domain name without the permission of the domain name registry.
3.6.5 Other illegal acts as defined in Section 1.13 of this Agreement.
3.7 You shall understand and warrant that
3.7.1 Even if you have granted a license to a third party for the use of the domain name, you yourself remain the registered holder of the domain name and shall be responsible for providing your own complete contact information and for providing and updating accurate technical and administrative contact details in order to resolve any issues related to the registered domain name in a timely manner.
3.7.2 You shall remain liable for damages resulting from the misuse of the registered domain name unless you disclose the current contact information provided by the licensee and the identity of the licensee (including through our registrar) to the complaining party who provides you with reasonable evidence of damages within the time period required by the relevant laws and regulations or the relevant requirements of the registrar or registry.
3.7.3 In the event of a request, suit or claim by a third party regarding the Registered Domain Name Holder’s domain name or its use, the Registered Domain Name Holder shall defend our directors, officers, employees and agents and those of any other relevant registry administrative agencies; and the Registered Domain Name Holder shall hold such agencies and individuals harmless, to the fullest extent permitted by law, from any loss, damage, expense, including reasonable attorneys’ fees, arising out of such conduct, expenses, including reasonable attorneys’ fees. If losses, damages and expenses have been incurred, the Registered Domain Name Holder must pay them in full. These damages are not included in any damages required by the Dispute Policy.
3.8 You understand and agree that failure to comply with any of the provisions of Section 3 of this Agreement shall be considered a material breach of:
3.8.1 We have the right to take measures including locking the domain name (prohibiting modification of registration information, prohibiting transfer out of registrar, prohibiting transfer between accounts), suspending the use of the domain name (stopping resolution), cancelling the domain name, transferring the domain name, terminating the service and other measures, and to require you to bear the damage caused to us as a result of the breach of this TOS.
3.8.2 We are obliged to cooperate with the relevant authorities in the investigation and provide the materials required (including but not limited to judicial units, various arbitration institutions, various infringement handling institutions, etc.).
3.8.3 Our failure to take action against you for breach of contract shall not be a ground or explanation for your breach or defence.
3.9 You understand and agree that the respective domain name registry reserves the right to refuse, cancel and transfer any registration, or to place any domain name on lock, hold or similar status or to cancel (delete) a registered domain name at its sole discretion as needed, and will notify us of such cancellation, transfer, change or lock by EPP order, email or telephone order, in order to:
3.9.1 protect the integrity and operational stability of the domain name registration system;
3.9.2 comply with any applicable laws, governmental rules or requirements, enforcement requests or any dispute resolution procedures;
3.9.3 Comply with the Internet industry norms established by industry authorities of which the domain name registry is a member (such as the RFC);
3.9.4 prevent any civil or criminal liability of the domain name registry, its affiliates, subsidiaries, officers, directors and employees, and the officers, directors and employees of affiliates, subsidiaries
3.9.5 to correct any errors in the operation of the domain name registry or domain name registrar in the registration of domain names
3.9.6 when no fees are paid to the domain name registry;
3.9.7 when the registered domain name is in the dispute resolution period.
3.10 You agree that we have the right to take measures including but not limited to restricting modification of registration information, restricting transfer, restricting deletion, suspending services (HOLD), deleting domain names, transferring domain names, requiring users to make up payments, etc. for your registered domain name in accordance with national laws, ICANN policies, directives of competent authorities, or in accordance with registry requirements that do not violate the above-mentioned legal policy directives or in our judgment, in order to
3.10.1 handle disputes, complaints, disputes related to the registered domain name;
3.10.2 Protect the overall security and stability of registration management.
3.10.3 rectify the operational errors of the registry or registrar in domain name registration (including but not limited to domain names that should not be released for registration being released for registration; premium domain names being charged at the price of ordinary domain names; the difference between the payment for domain name services and the cost of domain name registration being 5 times or more, etc.)
3.10.4 the domain name held by you is in the period of judicial proceedings, arbitration proceedings or domain name dispute resolution proceedings and within 10 days of the announcement of the award (you may not apply for change, transfer or cancellation of the disputed domain name during this period, except where the transferee of the domain name agrees in writing to be bound by the judicial decision, arbitration award or dispute resolution agency award)
3.11 We shall have the right to cancel (delete) a registered domain name in the following circumstances:
3.11.1 You or your agent apply for cancellation of the domain name;
3.11.2 you submit registration information that is untrue, inaccurate, incomplete or not updated in a timely manner after the change
3.11.3 if you fail to pay the corresponding fees as required
3.11.4 according to the decision, judgment or ruling of the domain name administration, court or domain name dispute resolution body, which shall be cancelled
3.11.5 your registration and use of the domain name brings adverse effects to us, the domain name registry and relevant service providers
3.11.6 violates the relevant provisions of this Agreement and other relevant laws and regulations
3.12 You understand and agree that you can download the domain name certificate from the domain name management page after you have successfully registered the domain name with DomainCorp, but the domain name certificate does not have the legal effect as the proof of ownership of the domain name.
IV. User Information and Data
4.1. As part of the domain name service, the user shall provide specific information when applying for domain name service and update this information promptly to ensure that the information is complete and accurate, such information includes
4.1.1. the applicant’s full name in English and Chinese, postal ddress, e-mail address, contact telephone number, and available fax number;
4.1.2. the name of the organization association or company authorized contact person as the registrant, in both English and Chinese;
4.1.3 The DNS of the domain name;
4.1.4 the corresponding name of the above-mentioned domain name server;
4.1.5 the full name, mailing address, e-mail address, contact telephone number, and available fax of the technical contact person for the domain name
4.1.6 the full name, postal address, e-mail address, contact telephone number, and available fax of the domain name administration contact person
4.1.7 the full name, postal address, e-mail address, contact telephone number, and available faxes of the domain’s regional contacts;
4.1.8 any records relating to the domain name that will be displayed in the Whois data.
4.1.9 The User understands and accepts that the User shall, following the requirements of regulatory bodies, provide real and traceable identification materials through our domain name online management system on time to support the authenticity of the domain name registration information; if the information is not provided or is not real, the domain name service will be terminated (including but not limited to stopping the resolution, cancellation of the domain name, etc.) and the User shall bear the losses caused as a result.
4.1.10 The registered domain name holder intentionally provides inaccurate information or intentionally does not update the information promptly which will constitute the basis for a material breach of this Agreement and will result in the registered domain name holder’s domain name being canceled. If the Registered Domain Name Holder licenses a third party to use the Domain Name, the Registered Domain Name Holder shall remain the record holder of the Domain Name and shall be responsible for providing all of its contact information and shall be responsible for providing and updating accurate technical, administrative and regional contact information. Failure of the Registered Domain Name Holder to respond within fifteen (15) days when we verify with the Registered Domain Name Holder the contact details regarding the Applicant’s registration shall constitute a material breach of this Agreement and a material basis for cancellation of the Registered Domain Name Holder’s domain name. Upon ICANN’s request, we will release certain information provided by the Registered Domain Name Holder during the registration process. In addition, ICANN may establish mandatory standards, limits, or requirements regarding the amount or type of information that we may or must disclose to the public or private parties. We will not disclose information about a registered domain name holder to any third party except as necessary to maintain the registered domain name holder’s domain name. Registered Domain Name Holder may request a copy of the information we have about Registered Domain Name Holder for Registered Domain Name Holder to review, modify or update such information.
4.1.11 Any change in information relating to the domain name holder shall be submitted online within 7 days through our online domain name management system.
4.1.12 The User guarantees that the domain name information in the domain name database registered with DomainCorp is accurate and that the User can be contacted by third parties. According to ICANN’s whois accuracy regulations, if the domain name information is inaccurate and the domain name administrator does not respond within fifteen (15) days or refuses to modify the information, DomainCorp will hold the domain name and has the right to delete the domain name without refunding the domain name fee.
4.2 You understand that your personal information and data will be collected, used, shared, processed, and disclosed in the following manner, and you agree and do not object to such collection, use, sharing, processing, and disclosure.
4.2.1 We will collect from you, on our own/through our resellers per Clause 4.2, registration information relating to the domain name, all data relating to the registration and/or management of the domain name in written and electronic communication records (e.g. initial date of registration of the domain name, expiration date, registrar identity, etc.) and share, use and process it in the following manner
4.2.1.1 Under ICANN regulations, domain name registries and domain name registrars shall make such information publicly available through WHOIS and use it to provide Internet users with free public access to domain name information directory services, and therefore we must share some or all of the above domain name registration information with the domain name registries and designated organizations or agents, ICANN, etc;
4.2.1.2 the domain name registry and its designees or agents, under the relevant policies on top-level domain names issued by ICANN, ccTLD authorities from time to time, will collect, use, reproduce, distribute, publish, modify or otherwise process such personal information and data about you to provide free domain name information directory services, conduct analysis and research, etc;
4.2.1.3 The domain name registry, domain name registrar (us) shall periodically submit electronic copies of such information and data to a third-party data hosting organization, or to ICANN from time to time as needed, such as registration information for specific domain name holders, for ICANN’s occasional checks, responses to ICANN compliance inquiries and audits, etc;
4.2.1.4 We will provide such information and data about you to the local governing body and its designees to comply with the requirements of national laws and regulations and policies;
4.2.1.5 We and our resellers, domain name registries, and their designees or agents, etc., may need to use such information and data to contact you, provide services, etc.;
4.2.1.6 The sharing and use of such information and data may result in cross-border data transfers (e.g. from China to the United States).
4.2.2 Except as agreed above, we will not use or disclose your information and data to any third party without your permission, unless:
4.2.2.1 with your prior consent, to a third party;
4.2.2.2 where we are required to make such disclosure by the laws and administrative regulations
4.2.2.3 if we are required to make such disclosure through necessary procedures by relevant administrative or judicial bodies, domain name dispute resolution bodies, third parties who need to assert their rights against you, etc. due to suspected illegal acts of your domain name; the registered domain name holder shall submit to the jurisdictional court of the registered domain name holder’s domicile and the jurisdictional court of the location of the “registrar” for adjudication, but the above provisions do not prohibit other courts of jurisdiction that may apply. The Registrant shall agree that it may suspend, delete or transfer the Registrant’s registration of a Registered Domain Name under ICANN’s specifications or policies, or by any registrar or registry administration procedures not inconsistent with ICANN’s specifications or policies, to correct errors made by the Registrar or registry administration in registering the Domain Name; or to resolve disputes relating to the Registered Domain Name.
4.2.2.4 Where you are a party to a transaction created on our Website and the other party fulfills or partially fulfills its obligations under the transaction and makes a request for disclosure of information, we have the right to provide that party with your contact details and other information necessary to facilitate the completion of the transaction or the resolution of the dispute;
4.3 We undertake, with personal data, we collect from you under clause 4.2, to:
4.3.1 take reasonable precautions to protect your personal data from loss, misuse, or any unauthorized access or disclosure, alteration, or destruction
4.3.2 not process the personal data collected from you in a manner inconsistent with the purposes and other restrictions of the notice provided to the registered domain name holder in clause 5 above. Neither the registration of a registered domain name nor how it is used, directly or indirectly, infringes the legal rights of any third party.
4.4.3 The Registered Domain Name Holder shall hold harmless the RA and its directors, officers, employees, and agents from and against any claims, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with the Registered Domain Name Holder’s registration of the Domain Name.
V. Exclusion and Limitation of Liability
5.1 You are aware of and agree that
5.1.1 to the fullest extent permitted by law, indemnify, defend and hold harmless the Domain Name Registry and its designees and their subcontractors, us and their respective directors, managers, employees, agents and their affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and costs incurred for any reason arising out of or in connection with your domain name registration or use .
5.1.2 You also agree that this indemnification obligation shall survive the termination or expiration of this Agreement.
5.2 You understand and agree that we shall not be liable for your losses, except as expressly provided by law, if
5.2.1 We shall not be liable if we are unable to provide domain name services to you due to force majeure or other unforeseen events. “Force majeure, accidental event” means an objective event that cannot be foreseen, overcome and avoided and has a significant impact on one or both parties, including but not limited to disasters such as floods, fires, earthquakes, plague epidemics, etc. and social events such as wars, unrest, governmental actions, interruption of telecommunication backbone lines, etc.
5.2.2 In view of the special nature of the Internet, we shall not be liable for any losses caused to you by hacking, Internet connectivity interruptions or system failures, or connectivity interruptions caused by telecommunications departments that are not caused by us.
5.3 You understand and agree that if your domain name is lost, cancelled, or stopped resolving due to our fault after successful registration, our liability shall be limited to the total amount of fees you have paid to us for the Service; if you have used the Service for a period longer than 12 months, the maximum liability of Domain Creative shall not exceed 12 months prior to the occurrence of the damage. (For the avoidance of doubt, the fees herein refer to the actual cash paid by you for the actual length/amount of use of the Service, excluding prepaid but not actually consumed fees, vouchers, etc.). In the event of any conflict or inconsistency between these Terms and Conditions and other agreements between the Parties or the rules of the Services, the provisions of this Agreement shall prevail.
5.3.1 We shall not be liable for any other direct or indirect losses, loss of business opportunities, loss of profits, infringement, other intangible losses and losses based on contracts you have signed with others.
VI. Disputes and Dispute Resolution
6.1 All disputes related to the Terms of Service shall be resolved by amicable negotiation between the parties.
6.2 If the negotiation is unsuccessful, both parties agree to submit a lawsuit to the People’s Court of Qingyang District, Chengdu and accept its rules of procedure. The statute of limitations for a party to file a lawsuit shall be within one year from the date of the dispute and within one year of the expiration of the business.
6.3 The settlement of the said dispute shall be governed by the laws of the People’s Republic of China.
6.4 In case of conflict between the domain name registered by any third party and the user’s prior rights, or in case of “cybersquatting of the user’s domain name”, the user and the third party shall negotiate and resolve the matter by themselves, through legal or other means. We shall not bear any responsibility for this.
6.5 In case of conflict between the domain name to be registered by the user and the prior rights of others, or in case of “cybersquatting”, the user and the third party shall negotiate and resolve the matter by themselves, through legal or other means, and we shall not be involved in any such dispute.
VII. Notice and Service
7.1 You shall ensure and maintain the authenticity and validity of your information, and if your information is false, invalid or any other information that may lead to your inability to obtain business notification, customer service, complaint handling, dispute coordination, technical support, etc. in a timely manner, you shall bear the corresponding responsibility.
7.2 You shall send notifications to V-Creative Global according to the contact information published on V-Creative Global’s website, unless otherwise agreed by both parties.
7.3 Domain Creative may from time to time send you various business notifications, such as business notifications, service alerts, verification messages and marketing advertisements related to Domain Creative services by one or more of the methods such as web page announcement, email, cell phone SMS, intranet, instant messenger, etc., and the content of such notifications may have significant impact on your rights and obligations, so please pay attention to them in a timely manner.
7.4 Notices sent to you through the above-mentioned contact methods, including notices sent electronically, including announcements, cell phone text messages sent to the contact number provided by you, emails sent to the email address provided by you, system messages and intranet messages sent to your account, and messages sent by instant messaging software such as WeChat and qq, shall be deemed to be delivered upon successful delivery; written notices sent in paper form shall be deemed to be delivered upon successful delivery. A written notice sent in paper form shall be deemed to be delivered on the fifth natural day after delivery at the contact address provided.
7.5 Before the expiration of the products, V-Creative Global will try its best to notify the renewal through one or more of email, SMS, WeChat, etc. You shall acknowledge that it is not V-Creative Global’s responsibility and obligation if the notification is not sent successfully due to system failure, carrier interception, etc. You should pay attention to the expiration date of the product by yourself and decide whether to renew the service before it expires.
VIII. Other Agreements
8.1 The invalidity of the terms and conditions shall not affect the interpretation of the terms and conditions, the liability for breach of contract and the validity of the agreement on dispute resolution.
8.2 The Terms of Service shall have the same legal effect as the agreement signed by both parties in writing by any means such as direct confirmation on the web page, acceptance of the link to this page and prompting compliance with the content, signing a written agreement, or confirmation through actual use of the service.
8.3 If any provision of these Terms of Service is determined to be invalid or unenforceable under applicable laws in force, all other provisions shall remain in force.
8.4 The terms and conditions shall be understood and interpreted in accordance with the purpose of the terms and conditions and the original meaning of the text and the prevailing understanding and practice in the industry, and the title shall not affect the interpretation of the terms and conditions.
8.5 In the event of any inconsistency or conflict between the relevant terms or agreements and the relevant terms previously signed by both parties or our relevant statements, these Terms of Service shall prevail.
8.6 In the event of a listing, acquisition, merger with a third party, change of name, etc. during the valid service period, the user agrees that we may assign our rights and/or obligations to the corresponding assignee of our rights/obligations.
8.7 We have the right to modify the Terms of Service if necessary, and in the event of changes to our Terms of Service, we will display the relevant content on important pages of our website, on WeChat, SMS, email, app display and other notifications to our customers. If you do not agree with the changes, you may cancel the service you have received; if you continue to receive the service, you will be deemed to have accepted the changes to the Terms of Service.
You hereby re-assure that you have fully read and understood the above domain name terms of service and voluntarily enter into online domain name registration/transfer/renewal/redemption or other subsequent processes and accept all the above terms and conditions.