OnlineNIC Domain Registration Agreement
OnlineNIC Cloud Terms of Service
OnlineNIC Reseller Hosting Terms of Service
OnlineNIC Reseller Agreement
OnlineNIC privacy and proxy agreement
Registrant Rights & Responsibilities
Compliance with ICANN Policies and Applicable Laws
Top level domain REGISTRAR and territory
Pricing & Prepayments
Wire transfer information
No Guarantee of Registration or Renewal
After Expiration of The Term of Domain Name Registration.
TLD Name Transfers Between Sponsoring Registrars
Term & Registration Period
Overview of Dispute Policy
OBLIGATIONS OF ONLINENIC
OBLIGATIONS OF THE RESELLER
Information collected by OnlineNIC
License of TLD Names
LICENSE AND SOFTWARE
Terms of Agreement:
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES
Representations and Warranties
Breach and Revocation; Notice of Cancellation, Etc
Cancellation During Preliminary 30 Day Period; Right of Refusal to Register
Governing Law; Jurisdiction; Waiver of Trial by Jury
This Registration Agreement sets forth the terms and conditions agreed to between you and your company (also referred to as "member"), and OnlineNIC, Inc. a California corporation (also referred to as "we" or "us"), relating to the registration and reselling Top Level Domain names "TLDs".
"ICANN" means the Internet Corporation for Assigned
Names and Numbers.
"Resellers" means an entity authorized by OnlineNIC,
which selects and registers TLD domain names for customers
on OnlineNIC real-time registration system.
"Registrar" means OnlineNIC or other entity authorized
by ICANN to administer the registry for TLD domain
"Registrant" means the applicant for, and on registration
the holder of an TLD domain;
"Customer" means the registrant for whom Reseller
accesses as the agent for the domain name;
"Account" means the credit or debit account established
by OnlineNIC for Reseller;
"TLD" means the Top Level Domain;
"SLD" means the Second Level Domain;
"Registry" means Verisign.Inc, or other entity
from time to time authorized by ICANN to administer
the registry for TLD domain names.
- Compliance with ICANN Policies and Applicable Laws
Before becoming a reseller, and registering domain names, you must acknowledge that you have read, understood, and have expressed your consent to be bound by all the terms and conditions of this agreement, any rules or policies of OnlineNIC, and / or ICANN that may be established from time to time. This agreement sets forth the terms and conditions agreed to between you, the reseller, listed above, and OnlineNIC, a California corporation. This agreement as well as any additional rules and policies which may be added, constitute the complete and exclusive agreement between you and OnlineNIC concerning your use of the OnlineNIC's services, and supersedes all prior proposals, agreements, or other communications.
You agree and acknowledge that, in addition to all terms and conditions of this Agreement and the Dispute Resolution Policy, you will comply with the RAA, other rules, consensus policies and specifications ICANN, the rules and policies of any registry administrators (collectively, the "ICANN Policies") and applicable laws and government regulations.
You acknowledge and agree that any registration agreement you use as a reseller shall include all registration agreement provisions and notices required by the RAA and any ICANN Policies, and shall identify OnlineNIC as the sponsoring registrar or provide a means for identifying OnlineNIC as the sponsoring registrar, such as a link to the InterNIC Whois lookup service.
You acknowledge and agree that you as a reseller is prohibited from displaying the ICANN or ICANN-accredited registrar logo, or from otherwise representing yourself as accredited by ICANN unless you have written permission from ICANN to do so. Additionally, you as a reseller shall identify OnlineNIC as the sponsoring registrar upon inquiry from the customers.
You as a reseller shall (i) ensure that the identity and contact information provided by the customer of any privacy or proxy registration service offered or made available by reseller in connection with each registration will be deposited with OnlineNIC or held in escrow or, alternatively, (ii) display a conspicuous notice to such customers at the time an election is made to utilize such privacy or proxy service that their data is not being escrowed. Where escrow is used, the escrow agreement will provide, at a minimum, that data will be released to OnlineNIC in the event reseller breaches the reseller agreement, and such breach is harmful to consumers or the public interest. In the event that ICANN makes available a program granting recognition to resellers that escrow privacy or proxy registration data as detailed above, and reseller meets any other criteria established by ICANN in accordance with its Bylaws, reseller shall be permitted to apply to ICANN for such recognition.
You acknowledge that in the event that ICANN gives reasonable notice to OnlineNIC that ICANN has published a webpage that identifies available registrant rights and responsibilities, and the content of such webpage is developed in consultation with registrars, OnlineNIC is obligated under Article 3.15 of the RAA to provide a link to the webpage on its website clearly displayed to its registrants at least as clearly as its links to policies or notifications required to be displayed under ICANN Policies. You agree that in the case of the above described circumstances, you are also obligated to provide such linkage to your Customers.
- ABOUT ONLINENIC
OnlineNIC is an accredited REGISTRAR with the Internet
Corporation for Assigned Names and Numbers ("ICANN")
http://www.icann.com/ under an agreement between OnlineNIC
and ICANN ("ICANN Agreement") and is authorized by
ICANN to register .com, .net, .org and other Top level
domain names as they become available.
- Top level domain REGISTRAR
As a Registrar Accredited by ICANN, OnlineNIC submits
names inputted by Reseller to the Registry Administrator
for recording into the Registry for domain names. Registrar can choose to redirect a domain name to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetization, if a Domain has expired, or is suspended, or does not contain valid Name Servers to direct it to any destination. Registrant acknowledges that Registrar cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, trademark rights, of Registrant or any third party, or that the content displayed due to such redirection is inappropriate, or in violation of any federal, state or local rule, regulation or law, or injurious to Registrant or any third party or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection.Our Reseller program is available
worldwide. OnlineNIC treats all its Resellers without
discrimination based on race, age, gender discrimination
and any other unjustifiable reasons.
- Pricing & Prepayments
OnlineNIC does not charge a membership fee to members.
To begin registering domains, OnlineNIC members are
required to prepay for a minimum of 10 generic top
level domains. This prepayment may be subsequently
used for any OnlineNIC service (such as multilingual
domain registrations or value added services). members
who prepay the minimum amount receive Bronze level
pricing. Members may immediately secure lower prices
(Silver, Gold, and Platinum levels) by making larger
prepayments, or by purchasing an equal amount (in
total US dollars) of domain services over time. Specific
details of the OnlineNIC member pricing policy (including
actual prices) are available online at the following
OnlineNIC reserves the right to change its pricing
policy at any time by updating this online document.
- Refunding Prepayments
If you decide you would like to discontinue your relationship with OnlineNIC as a member,
we will refund any unused funds in your account. Of course, there will be an adjustment
if the number of domain names you registered is less than the minimum number at the level you
joined at, or upgraded to. For example, if you originally prepaid $859 for 100 .com, .net, &
.org domains (Platinum level), but decide to close your account after registering just 10 domains
(Bronze level), you will be charged $9.89 per domain name (the Bronze price) instead of $8.59 a
domain name (the Platinum price). You will therefore be refunded as follows: $859 - $98.9 (10 x $9.89) = $760.1 total refund.
If you wish to close your account, please send an email to firstname.lastname@example.org.
Attention: All payments need to attach the
member ID and Registrant name. Member is responsible
for all bank charges.
- Wire transfer information:
You can send payment to us via a Wire Transfer. Please note that all the charges of the Wire Transfer will be borne by you. Please use the following Instructions for the Wire Transfer. PLEASE ENSURE ALL THE BELOW INSTRUCTIONS ARE CORRECTLY HANDED TO YOUR BANK.
Please ensure your Company name or OnlineNIC account ID appears in the sender section of the wire transfer. Also once you send the Wire Transfer do not forget to contact us with the details of the Wire Transfer, your Reseller Username, Company Name, Date, Originating Bank, Transferred Amount, and your Bank Account Number. Only when we receive your notification will we verify your transfer and credit your account appropriately.
- Quick response
We will try our best to resolve any problems about
business or technology at an earliest time. Members
agree to provide technical support to its own customers
and OnlineNIC agrees to provide technical support
Modification and notices
This Member Agreement as well as our services are
subject to change from time to time. OnlineNIC will
email Members about such changes. If changes are not
acceptable, Members will have 7 calendar days to terminate
this agreement and forward their decisions to OnlineNIC
at email@example.com promptly, otherwise, changes
will be deemed as accepted by members.
- Fee Policy
As consideration for the OnlineNIC's domain name registration,
administration, and renewal services, you agree to
pay all initial registration fees and applicable renewal
fees with respect to each TLD name registered in US
Dollars at the time of registration or renewal. All
fees are non-refundable, in whole or in part, even
if your domain name registration is suspended, canceled,
or transferred prior to the end of your then current
registration term. We also reserve the right to change
domain name registration and renewal fees at any time
for any reason at our sole discretion. If you do not
pay any initial fees or renewal fees when due or your
credit card charge is not accepted for any reason
within three (3) business days after any initial fee
is due or within ten business days after any renewal
fee is due, or in the event of any charge back of
any payment at any time, we will have the right to
immediately cancel all TLD names for which payment
was not received, without further notice. In the case
of renewals, we will notify the billing contact on
the WHOIS directory with respect to the TLD name eligible
for renewal, and it shall be your responsibility to
ensure that all such fees are paid prior to the expiration
of the term of registration of each TLD name you wish
to renew. You agree that we shall have no liability
whatsoever with respect to any such cancellation.
We reserve the right to adjust our registration and
renewal fees prospectively upon fifteen (15) calendar
days prior notice.
- No Guarantee of Registration
By signing this agreement, you agree that OnlineNIC
cannot guarantee you will be able to register or renew
any specific domain name, even if your inquiry indicates
that domain name is available. Even if a domain name
appears to be available, you acknowledge that OnlineNIC
cannot know with certainty whether or not another
party is simultaneously seeking the domain name you
are seeking to register, or whether there are any
inaccuracies or errors in the domain name registration
or renewal process or in the WHOis and other databases.
You also agree that OnlineNIC may elect to accept
or reject your application for registration or renewal
for any reason at its sole discretion. Such rejection
may include, but is not limited to, rejection due
to a request for registration or renewal of a prohibited
domain name. You also agree that OnlineNIC is not
liable or responsible in any way for any omissions,
errors or any other actions by any registry administrator
arising out of or related to your application for
and registration of, renewal of, or failure to register
or renew a particular domain name. You also agree
to indemnify, defend and hold harmless the applicable
registry administrator and its officers, directors,
employees, and agents from and against any and all
claims, damages, liabilities, expenses, and costs
(including reasonable legal fees and expenses) arising
out of, or related to, your submission for and registration,
renewal, or failure to register or renew a particular
domain name or names
- After Expiration of The Term of Domain Name Registration
You agree that we may, but are not obligated to, allow you to renew your domain name registration services after the domain name expiration date has passed. You agree that after the expiration date of the domain name registration and before it is deleted or renewed, we may direct the domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction or other temporary page that may include promotions and advertisements for, and links to, OnlineNIC's Web site, OnlineNIC product and service offerings, third-party Web sites, third-party product and service offerings, and/or Internet search engines, and you agree that we may place our contact information in the WHOIS output for the expired domain name.
For a period of approximately 14 days after expiration of the term of domain name registration services, you acknowledge that we may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that we may, but are not obligated to, offer this process, called the "renewal grace period." You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that we, for any reason and in our sole discretion, may choose not to offer a renewal grace period and that we shall not be liable therefore.
Should you not renew the domain name registration services during the renewal grace period, you agree that unless you notify us to the contrary we may, in our sole discretion, renew and transfer the domain name registration services to OnlineNIC or a third party on your behalf (such a transaction is hereinafter referred to as an "Expired Domain Transfer"), and your failure to so notify us after the domain name expiration date shall constitute your consent to such an Expired Domain Transfer.
You acknowledge and agree that the Expired Domain Transfer process may be facilitated through a single Expired Domain Transfer Customer, or through a brief auction involving multiple parties who are interested in the domain name. We cannot guarantee, and we make no representation or promise, that any Expired Domain Transfer will occur with respect to any particular domain name. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result. You also agree that in the event your domain name services are terminated by us pursuant to this Agreement, we may transfer your domain name registration to OnlineNIC or a third party, without any liability to you or obligation to compensate you in connection therewith.
If the domain name is auctioned to a third party, we may transfer the domain name registration services to such third party. In which case, the third party who won the auction for the domain name services will control the domain name services, including control over the WHOIS information and the DNS settings. You may recover the domain name registration services prior to the end of the renewal period, as such renewal period applied to you. We are not obliged to contact you to alert you that the domain name registration services are or were auctioned. We do not have to pay you any of the proceeds we may earn as a result of such an auction.
New Customers through Snapnames and/or Expired Domain Transfers. If you are registering a domain name that was registered with, and not yet deleted by OnlineNIC at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately prior to your purchase, as the registration is the result of an Expired Domain Transfer. You will not be compensated for the inability to use the domain from the time it was expired until the time you are able to use the domain in your account. NOTE: Your rights to the domain name are non-transferable to any person nor Registrar for the first ninety (90) days of registration from the date the domain expired, prior to purchase, without notice, at OnlineNIC discretion. In addition, it is your responsibility to verify if any domain is infringing anyone else's rights, prior to registration. If the domain name you have registered is found to be infringing on another person's rights, based solely on OnlineNIC discretion, OnlineNIC has the right to cancel your registration immediately. If your rights are terminated, your sole remedy will be limited to a prorated refund of the price paid to us for the domain name. If it is a willful violation of our agreement, you will not be entitled to any refund. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED WITH THE TERMINATION OF YOUR RIGHTS TO THE DOMAIN NAME. YOU AGREE TO INDEMNIFY US FOR ANY ACTION COMMENCED BECAUSE OF YOUR FAILURE TO FOLLOW THE TERMS OF THIS AGREEMENT AND INFORM AND VERIFY THE ACCEPTANCE OF THIS AGREEMENT BY OTHER USERS OF THE DOMAIN.
In the event that your domain name registration is deleted, you acknowledge that certain registry administrators may provide procedures by which deleted domain names may nonetheless be renewed. You acknowledge and agree that we may, but are not obligated to, participate in this process, typically called the "Redemption Grace Period" ("RGP"). You acknowledge that we, for any reason and in our sole discretion, may choose not to participate in the RGP process with respect to any or all of your domain names and that we shall not be liable therefore. The typical RGP fee is $120 plus any registration fees. You agree that we are not obliged to contact you to alert you that the domain name registration services are being discontinued.
- TLD Name Transfers Between Sponsoring Registrars
Resellers must provide the Registered Name Holder with the unique
"AuthInfo" code within five (5) calendar days of the Registered Name Holder's
initial request if the reseller does not provide facilities for the Registered
Name Holder to generate and manage their own unique "AuthInfo" code,if not in
following specific instances:
1.Evidence of fraud
3.Court order by a court of competent jurisdiction
4.Reasonable dispute over the identity of the Registered Name Holder or
5.No payment for previous registration period (including credit card
charge-backs) if the domain name is past its expiration date or for previous or
current registration periods if the domain name has not yet expired.
not employ any mechanism for complying with a Registered Name Holder's request
to obtain the applicable "AuthInfo Code" that is more restrictive than the
mechanisms used for changing any aspect of the Registered Name Holder's contact
or name server information.
- Term & Registration Period.
The term of this Agreement will continue to be in
force during the time in which you have any TLD name
registered through us. At your discretion, we will
register each TLD name for a period of one (1) to
ten (10) years for .com, .net and .org.
- Overview of Dispute Policy.
By signing this agreement, you agree to be bound by
Domain Name Dispute Resolution Policy. This dispute
policy is incorporated into this Agreement by reference.
Any disputes regarding the right to use your TLD name
will be subject to the Uniform Domain Name Dispute
Resolution Policy (the Dispute Policy). OnlineNIC
may modify the Dispute Policy at our sole discretion
at any time in accordance with the ICANN Agreement
or any ICANN/Registry Policy. Your continued use of
our registration services after modification to the
Dispute Policy effectively constitutes your acceptance
of those modifications. If you do not agree to such
a modification, you may request that your TLD name
be cancelled or transferred to another registrar.
You agree that you will be subject to the provisions
specified in the Dispute Policy in effect at the time
your TLD name is challenged by a third party.
- Registration Data.
When you register or transfer a domain name, you are
required to provide us with certain information. This
- Your full name, postal address,
e-mail address, voice telephone number, and fax
number if available;
- The name of an authorized
person for contact purposes in the case of a registrant
that is an organization, association, or corporation;
- The IP addresses of the primary
nameserver and any secondary nameserver(s) for
the TLD name;
- The corresponding names of
- The full name, postal address,
e-mail address, voice telephone number, and fax
number if available of the technical contact for
the TLD name;
- The full name, postal address,
e-mail address, voice telephone number, and fax
number if available of the administrative contact
for the TLD name;
- The name, postal address,
e-mail address, voice telephone number, and fax
number if available of the billing contact for
the TLD name; and
- Any remark concerning the
registered TLD name that should appear in the
You agree to update this information to keep it current,
complete and accurate. You also agree and understand
that the foregoing registration data will be publicly
available and accessible on the WHOIS directory as
required by ICANN/Registry Policy and may be sold
in bulk in accordance with the ICANN Agreement.
- OBLIGATIONS OF ONLINENIC
1. OnlineNIC agrees to comply with all the terms and
conditions in this Agreement.
2. OnlineNIC agrees to provide real-time registration
system to member.
3. OnlineNIC will release the newest wholesale prices
and Member Policy on www.onlinenic.com website from
time to time.
4. OnlineNIC does not guarantee that each individual
Member will specifically be notified of these price
5. OnlineNIC will provide automatic system for inquiry.
- OBLIGATIONS OF THE MEMBER
As part of the registration of top-level domain names,
the Member shall submit all data required on the www.onlinenic.com
The Member agrees to develop and implement all necessary
technology and restrictions to ensure that its connection
to the OnlineNIC, and all transmissions are secured.
Each such transmission shall be authenticated and
every connection with the OnlineNIC will be done by
using Member password, which it shall disclose only
to its employees on a need to know basis and shall
notify OnlineNIC within four hours of learning that
its key or password has been compromised in any way.
The Member shall employ all necessary employees, contractors,
or agents with sufficient technical training and expertise
to respond to and fix all technical problems concerning
the use of the OnlineNIC or its Software in conjunction
with its systems.
The Member agrees that in the event of unexpected
technical difficulties, or at any time deemed necessary
by OnlineNIC, OnlineNIC may in its sole discretion;
temporarily suspend access to Member to www.onlinenic.com
Reseller is prohibited from displaying the ICANN or
ICANN-Accredited Registrar logo, or from otherwise
representing itself as accredited by ICANN unless it
has written permission from ICANN to do so.
Any registration agreement used by reseller shall
include all registration agreement provisions and
notices required by the ICANN Registrar Accreditation
Agreement and any ICANN Consensus Policies, and shall
identify the sponsoring registrar or provide a means
for identifying the sponsoring registrar, such as a
link to the InterNIC Whois lookup service.
Reseller shall identify the sponsoring registrar upon
inquiry from the customer.
Reseller shall ensure that the identity and contact
information provided by the customer of any privacy
or proxy registration service offered or made available
by reseller in connection with each registration will
be deposited with Registrar or held in escrow or,
alternatively, display a conspicuous notice to such
customers at the time an election is made to utilize
such privacy or proxy service that their data is not
being escrowed. Where escrow is used, the escrow
agreement will provide, at a minimum, that data will
be released to registrar in the event reseller breaches
the reseller agreement, and such breach is harmful to
consumers or the public interest. In the event that ICANN
makes available a program granting recognition to resellers
that escrow privacy or proxy registration data as detailed
above, and reseller meets any other criteria established by
ICANN in accordance with its Bylaws, reseller shall be
permitted to apply to ICANN for such recognition.
In compliance with Registrar Accreditation Agreement ("RAA")
Section 3.15 -required by ICANN, reseller shall be under an
obligation to provide a link to an ICANN webpage.
ICANN has published
an educational webpage summarizing the terms of the Registrar Accreditation
Agreement and related Consensus Policies (as of the date of this Agreement,
You shall provide a link to such webpage on any website it may operate for
domain name registration or renewal clearly displayed to its Registered Name
Holders at least as clearly as its links to policies or notifications required
to be displayed under ICANN Consensus Policies.
You shall require
all of Your Customers and Sub-Resellers to enter into an electronic or paper
registration agreement. Any registration agreement You use with Your customers
and Sub-Resellers shall include all registration agreement provisions and
notices required by the RAA and any ICANN Consensus Policies.
Any other terms and
conditions which come into effect through the revision of the RAA by ICANN or
through the introduction of any amended or new ICANN consensus policy, whether
or not Onlinenic gives You notice of such revisions, amendments, or new
Onlinenic shall have
the right to immediately terminate this member agreement, without notice or
right to cure, in the event that You violate any terms found in this Section 5.
Inaccurate or Unreliable Data.
If member deliberately provides inaccurate or unreliable
information, or fails to promptly update necessary
information, or fails to respond to our email inquiries
within five calendar days, such actions shall constitute
a breach of this Agreement.
All personal data collected by us will be used in
connection with the registration of your TLD name(s),
for the purposes of this Agreement and as required
or permitted by the ICANN OnlineNIC Privacy Statement
go to http://www.onlinenic.com/english/agreements/privacy.html.
OnlineNIC knows the importance of keeping your information
private. By signing this agreement, you agree to accept
the guidelines described herein.
- Information collected
Here are the types of information we gather from
Information entered on our website or given to us
in any way are collected and stored in our system.
Internet Corporation for Assigned Names and Numbers
("ICANN"), an organization that assumes responsible
for domain name allocation, requires information about
you during the domain name registration process. The
information includes: name, address, phone number,
email address and fax. When you register a domain
name with OnlineNIC, we require you to provide credit
card number and billing address. Financial information
such as the above is collected during the domain name
How the information is shared:
It is required by ICANN that your name, address, phone
number, email address and fax together with the creation
and expiration dates of your domain name registration
and the nameserver information associated with your
domain name, be made available to the public via an
interactive Web page and a "port 43" WHOIS service.
Please note that OnlineNIC may not be able to control
how members of the public may use the WHOIS information.
Sites Other than OnlineNIC
OnlineNIC will not be responsible for content or privacy
policies of other Web Sites such as advertisers we
may link to or those that link to our site. This Privacy
Statement is only responsible for the information
collected on OnlineNIC's site.
- License of TLD Names
Any Registered Name Holder that intends to license use of
a domain name to a third party is nonetheless the Registered
Name Holder of record and is responsible for providing its
own full contact information and for providing and updating
accurate technical and administrative contact information
adequate to facilitate timely resolution of any problems
that arise in connection with the Registered Name. A
Registered Name Holder licensing use of a Registered Name
according to this provision shall accept liability for harm
caused by wrongful use of the Registered Name, unless it
promptly discloses the current contact information provided
by the licensee and the identity of the licensee to a party
providing the Registered Name Holder reasonable evidence of
Change of TLD Holder Procedure.
If you transfer any TLD name, you agree to abide by
the policies and procedures relating to the transfer
of TLD names as may be adopted by us and modified
by us from time to time. These policies may require,
among other things, the submission of hard-copy records
of transfer of ownership, the submission of information
concerning the transferor and transferee and the transfer,
including but not limited to the information respect
to the transferee, and may impose reasonable information
collection and record keeping obligations on you.
Such policy and procedure may require you upon such
transfer to relinquish all control over the TLD name
Required and Prohibited Reselling Practices.
You are required to inform any person or entity registering
a TLD name with us through you or your account that
your customer(s) are registering their TLD name through
us, an ICANN accredited registrar. You shall not make
representation, directly or by implication, that you
are a registrar or have direct or superior access
to the Registry or that you are a registrar or accredited
or otherwise affiliated with ICANN. You also agree
not to employ or display the ICANN mark or logo on
your website or any materials used by you in your
Record Keeping Requirements.
You agree to obtain evidence of each Customer's agreement
to the then current Registration Agreement electronically
(e.g. by "click") or by hardcopy signature, and to
retain for a period of three (3) years evidence of
such agreement. You may require Customers using your
services to agree to additional terms and conditions,
provided that such terms and conditions do not conflict
in any manner with the provisions of this agreement
or any ICANN Policy.
Customer Support; Registration Data and Updating
You agree to provide adequate customer service including
billing and technical support. You also agree to modify
and update your customer's TLD information so that
our database contains correct and up to date domain
name related information. You acknowledge that if
you don't make appropriate changes to your Customer's
TLD name(s) in conformity with the written or e-mailed
instructions from such Customer(s) within ten (10)
business days after delivery of such instructions,
that lack of action shall constitute a breach of this
Agreement. You also agree that making inaccurate or
deceptive modifications to any Customer's registration
data that has not been authorized by such Customer
in writing or by e-mail is a violation of this agreement.
You agree to retain copies of all communications and
other correspondence between you and Customer relating
to the registration of TLD names with OnlineNIC and
to provide us with this communication upon request.
Policies Regarding Use of Our Services.
Suspension, Cancellation or Transfer of TLD Name.
You agree that your eligibility to use OnlineNIC's
registration services is subject to termination or
suspension, and your ability to register or modify
any particular TLD name is subject to suspension,
cancellation, or transfer:
Limitations on Use of Services.
- At any time pursuant to any
ICANN/Registry Policy now in effect or hereafter
- To correct mistakes by us,
another accredited registrar or the Registry in
registering TLD name(s), including but not limited
to the correction of erroneous or inadvertent
deletions of TLD names, or in connection with
the resolution of disputes in accordance with
the Dispute Policy, or
- In the event of any breach
of any representation, warranty, agreement or
other provision of this Agreement, upon e-mail
notice of such breach and the expiration of a
fifteen (15) calendar day cure period.
You agree not to use our services or website or permit
any person or entity through you to use our services
or website for:
- The transmission of unsolicited,
commercial e-mail (Spam); or
- High volume, automated, electronic
processes that apply to the Registry for large
numbers of TLD names, except as reasonably necessary
to register TLD names or modify existing registrations;
- High volume, automated, electronic,
repetitive queries except as reasonably necessary
to register TLD names or modify existing registrations.
Use of Agents.
You agree that, if your agent (e.g., an Internet
Service Provider, employee, etc.) purchased our
service(s) on your behalf, you are nonetheless bound
as a principal by all terms and conditions herein,
including the Dispute Policy. Your continued use
of our services shall ratify any unauthorized actions
of your agent. By acting on your behalf, your agent
certifies that he, she or it is authorized to apply
for our services on your behalf, that he, she or
it is authorized to bind you to the terms and conditions
of this Agreement and that he, she or it has apprised
you of the terms and conditions of this Agreement.
In addition, you are responsible for any errors
made by your agent. We will not refund fees paid
by you or your agent on your behalf for any reason,
including, but not limited to, in the event that
your agent fails to comply with the terms and conditions
of this Agreement, your agent incorrectly provides
information in the application process or if your
agent changes or otherwise modifies your TLD name
TLD Name Transfers Between Sponsoring Registrars.
You agree that you may change sponsoring registrars
for any existing TLD name only in accordance with
ICANN/Registry Policy and further agree that you
may not change sponsoring registrars with respect
to any TLD name for a period of sixty (60) calendar
days after registration of such TLD name with us.
In connection with any transfer by you of TLD name(s)
from one registrar (the "Former Registrar") to us:
You represent and warrant that:
- You are either the TLD Holder,
the administrative contact or the technical contact
with respect to the TLD name(s) being transferred;
- If transferring a TLD and
on behalf of a Customer, you have been granted
the authority by such Customer to affect each
To initiate a transfer of sponsoring registrars
from a Former Registrar to us, you shall notify
us of the TLD name(s) you wish to transfer to us
and we will, upon receipt of such transfer request,
forward to you a Confirmation of Transfer. You agree
to confirm the accuracy of the Confirmation of Transfer
and assent to the Confirmation of Transfer before
being permitted to continue.
We will affect the proposed transfer of sponsoring
registrars from the Former Registrar only after
the following conditions have been met:
You agree and understand
that we will affect the registration using the registration
data on file with the Former Registrar immediately
prior to transfer, and understand that we may, at
our discretion, limit your ability to make post-transfer
changes to registration data for a reasonable period
of time following transfer, not to exceed 15 business
- We have received evidence
of your assent to the Confirmation of Transfer
and all transfer fees associated with the transfer(s)
have been paid in full; and
- If the transfer involves a
TLD name held by a TLD Holder other than you and
we have notified such TLD Holder via the Administrative
Contact of the proposed transfer and provided
such Administrative Contact with a period of time
to confirm or object to such transfer, not to
exceed 60 days, such waiting period shall
have expired or the express consent of such Administrative
Contact shall have been obtained.
9.5. When we make a request to the Former Registrar
(via the Registry) to transfer a TLD name registration
to us from the Former Registrar, you agree to pay
us the applicable fee(s) as then in effect with respect
to such transfer and agree to comply with the Verisign
Change in Registrar Policy.
- LICENSE AND SOFTWARE
You agree that OnlineNIC owns all database, compilation,
collective and similar rights, title and interests
worldwide in our domain name and other proprietary
information databases, and all information and derivative
work generated from those databases. Additionally,
you hereby grant to OnlineNIC a nonexclusive, worldwide,
perpetual, irrevocable, fully paid-up right and license
to use in our business, however it evolves, including
the rights to copy, distribute, display, perform,
transmit, prepare derivative works from or otherwise
use without restriction the following information:
- The original creation date
of a domain name registration,
- The expiration date of a domain
- The name, postal address,
email address, voice telephone number, and where
available fax number of the technical contact,
administrative contact, zone contact and billing
contact for a domain name registration,
- Any remarks concerning a registered
domain name that appear or should appear in a
WHOIS or similar database, and
- Any other information we generate
or obtain in connection with the provision of
the Services. OnlineNIC does not have any ownership
interest in your specific personal registration
information or other information other than our
rights in our domain name database, as set forth
in this agreement.
In this Agreement, Software means any CGI script
created by OnlineNIC, the set of technical specifications
provided by us, and the real-time Registration system
provided by us to the Member.
OnlineNIC hereby grants the Member a non-exclusive,
non-transferable, worldwide limited license to use
the Software to facilitate domain name registration
services during the Term. It is intended that the
Software will enable the Member to use OnlineNIC
to register domain names on behalf of its top-level
domain name holders.
Notwithstanding any other provision in this Agreement,
the Member shall not, except with the written consent
- Sub-license the Software or
otherwise permit any use of the Software by another
- Publish, distribute or permit
disclosure of the Software other than to employees,
contractors and agent of the Member on a needs-to-know
- Recompile, reverse engineer,
copy or re-engineer the Software for any unauthorized
- Use or permit use of the Software
in violation of any applicable regulation or law.
Although there is no fee attached to the CGI script,
it is given with the assurance and reliance that
this CGI script will be used for the express and
specific purpose of connecting with OnlineNIC and
will not be used with another registrar or their
You may only redistribute this CGI script on web
sites that you author or that is authored by one
of your agents with the explicit understanding that
domain names obtained by this CGI script will be
derived solely and exclusively from OnlineNIC.
The Member agrees to employ the necessary measures
to prevent the OnlineNIC from being used for:
- The transmission of unsolicited,
commercial e-mail (Spam) to entities other than
the Member's customers;
- High volume automated, electronic,
repetitive queries for the purpose of extracting
data to be used for the Member's purposes,
- The use of data to compile
or infer customer identity or other demographic
or firm information.
- Terms of Agreement:
You will abide by any additional copyright laws that
apply to the authorship of this CGI script.
- LIMITATION OF LIABILITY; DISCLAIMER
LIMITATION OF LIABILITY. YOU AGREE THAT WE
WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR
ANY LOSS THAT MAY OCCUR DUE TO (a) ANY ACT OR OMISSION
OF YOU OR YOUR AGENT (WHETHER AUTHORIZED OR UNATHORIZED)
(a) ANY LOSS OF REGISTRATION OF ANY TLD NAME, (b)
THE USE OF YOUR TLD NAME OR PASSWORD, (c) ACCESS DELAYS
OR ACCESS INTERRUPTIONS TO OUR REGISTRATION SYSTEM;
(d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN
YOU AND US; (e) EVENTS BEYOND OUR CONTROL; (f) THE
PROCESSING OF ANY TLD NAME REGISTRATION; (g) THE PROCESSING
OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH
YOUR TLD NAME, (h) THE FAILURE OF YOU OR YOUR AGENT
TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION
OF THE DISPUTE POLICY. FURTHER, WE WILL NOT BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS
OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
OUR MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID
BY YOU TO US FOR REGISTRATION OF THE TLD NAME IN CONTROVERSY
DURING THE PRIOR ONE (1) YEAR PERIOD. TO THE EXTENT
APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL
CONTENT AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
OUR SOFTWARE OR WEBSITE WILL MEET YOUR REQUIREMENTS
OR THAT THE OPERATION OF OUR SOFTWARE OR WEBSITE WILL
BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN
THE SOFTWARE OR WEBSITE WILL BE CORRECTED. WE DO NOT
WARRANT NOR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF OUR SOFTWARE OR WEBSITE OR RELATED
DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY OR OTHERWISE.
You agree to defend, indemnify and hold us harmless
and any applicable TLD name registry, including OnlineNIC,
Inc., and the shareholders, directors, officers, employees,
affiliates and agents of us and them, from and against
any loss, damages or costs, including reasonable attorneys'
fees, resulting from any claim, action, proceeding,
suit or demand arising out of or related to:
This indemnification is in
addition to any indemnification required under the
- Any TLD name registered by
you or the transfer or use thereof,
- Any dispute concerning a TLD
- Your breach (or the breach
by any of your officers, agents, employees or
other representatives) of any agreement contained
in this Agreement, or
- Any cancellation, suspension
(e.g. registrar lock or hold) or transfer of any
TLD name in accordance with this Agreement.
- Representations and Warranties.
You represent and warrant that all information provided
by you in connection with your registration is complete
and accurate. You represent and warrant each time
you register a TLD name that, to the best of your
knowledge and belief, neither the registration of
the TLD name nor the manner in which it is directly
or indirectly used infringes the legal rights of a
third party. In applying for a TLD name, you represent
and warrant that the registration is not made in bad
faith and that the name does not conflict with another
TLD name. We make no representation or warranties
of any kind in connection with this Agreement. Specifically
but without limitation, we do not represent or warrant
that registration of your TLD name will immunize you
from challenges to your TLD name. We are not bound
by nor should you rely on any representation or warranty
made by any agent, representative or employee of any
third party that you may use to apply for our services.
- Compliance with Export Laws.
OnlineNIC and the Services found at this Site are subject
to the export laws, restrictions, regulations and administrative
acts of the United States Department of Commerce, Department of
Treasury Office of Foreign Assets Control ("OFAC" ), State
Department, and other United States authorities (collectively,
"U.S. Export Laws"). You agree and acknowledge to comply with
the export, re-export, and import laws and regulations of the
United States and other applicable countries where you operate or
do business. If your access of this Site or the Services found at
this Site conflict with U.S. Export Laws, you shall not access
this Site or the Services found at this Site. The obligations under
this section shall survive any termination or expiration of this
Agreement or your use of this Site or the Services found at this Site.
Specifically, but without limitation, you represent and warrant that you:
1. Will not use the Services to directly or indirectly conduct,
promote, or facilitate business in countries and with nationals that
are prohibited by U.S. embargoes or trade sanctions (these embargoed
and sanctioned countries are: Cuba, North Korea, Iran, Sudan, and Syria);
2. Are not a party identified on any government export exclusion
lists nor using the Services to conduct business with a party identified
on such lists, including but not limited to the U.S. Denied Persons,
Entity, and Specially Designated Nationals Lists;
3. Will not use the Services to export items, content, or materials
to or for military, nuclear, missile, chemical, or biological weaponry end users or end uses.
- Breach and Revocation; Notice
of Cancellation, Etc.
Except as otherwise specified in this Agreement, any
breach by you of this Agreement or the Dispute Policy
must be remedied by you within five (5) business days
following e-mail notice by us to you. Such notice
shall be deemed delivered when sent to the e-mail
address then on record for your administrative contact
in the WHOIS directory. If you fail to cure the breach
within such cure period, we may terminate this Agreement,
cancel your registration of the TLD name(s), transfer
such TLD names to another person or entity and/or
seek any remedy available at law or in equity including
but not limited to obtaining an injunction or specific
performance. Our remedies shall not be deemed exclusive
and affecting any one or more of the foregoing remedies
shall not be deemed an election of remedies. Except
as otherwise specified in this Agreement, notice of
revocations, suspensions, transfers, or cancellations
of your TLD name(s) by us pursuant to this section
will be provided to you within five (5) business days
following the taking of such action.
- Cancellation During Preliminary
30 Day Period; Right of Refusal to Register.
Pursuant to ICANN Registrar Policy, we reserve the
right to refuse to register any TLD name(s), or to
cancel, transfer or suspend any TLD name(s) registered
with us within the first thirty (30) calendar days
following receipt of your payment for such registration(s).
In the event we do not register a TLD name or we cancel
or transfer a TLD name within such thirty (30) calendar
day period, we agree to refund any applicable fee(s)
with respect to such TLD name that you have paid to
us. You agree that we shall not be liable to you for
loss or damages that may result from our refusal to
register any TLD name(s) or the cancellation or transfer
of any TLD name(s).
- Governing Law; Jurisdiction;
Waiver of Trial by Jury.
THIS AGREEMENT AND ALL RIGHTS HEREUNDER SHALL BE GOVERNED
BY THE INTERNAL LAWS OF THE STATE OF CALIFORNIA, WITHOUT
REGARD TO SUCH STATE'S POLICIES RELATING TO CONFLICT
OF LAWS. ANY ACTION RELATING TO OR ARISING OUT OF
THIS AGREEMENT OR TO YOUR OR YOUR AGENT'S USE OF OUR
SERVICES SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS
OF ALAMEDA COUNTY OF CALIFORNIA LOCATED IN OAKLAND,
CALIFORNIA. FOR THE ADJUDICATION OF DISPUTES CONCERNING
OR ARISING FROM THIS AGREEMENT OR THE USE OF ANY TLD
NAME(S), YOU AGREE TO SUBMIT, WITHOUT PREJUDICE TO
OTHER POTENTIALLY APPLICABLE JURISDICTIONS, TO THE
JURISDICTION OF THE COURTS (I) OF YOUR DOMICILE, AND
(II) OF CALIFORNIA, USA, OR THE U.S. COUNTY COURT
FOR ALAMEDA COUNTY OF CALIFORNIA LOCATED IN OAKLAND,
CALIFORNIA. YOU WAIVE THE RIGHT TO TRIAL BY JURY IN
ANY SUCH PROCEEDING.
Except as otherwise specifically stated herein, you
agree that all notices from us to you shall be delivered
by posting such notices on our website and shall be
deemed delivered and effective fifteen (15) calendar
days after such posting. Notices from you to us shall
be by e-mail to our appropriate e-mail address as
specified on our website, and shall be deemed delivered
when received by e-mail, or notices shall be in writing
by first class mail to OnlineNIC, Inc.,OnlineNIC,Inc.909
Marina Village Pkwy #236 Alameda,Ca 94501 USA, and shall
be deemed delivered five days after deposit in the
U.S. mail. The foregoing notwithstanding, you understand
and agree that any e-mails received by us from any
e-mail address provided to us or set forth as a contact
address (whether billing, technical or administrative)
with respect to your TLD name shall be deemed to have
been sent by you or your duly authorized agent having
the actual and apparent authority to act to bind you.
We intend to rely on any such correspondence.
This Agreement, our 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 us, and supersede and govern all prior
or concurrent proposals, agreements, or other communications.
Nothing contained in this Agreement shall be construed
as creating any agency, partnership, or other form
of joint enterprise between you and us. Our failure
to require your performance of any provision hereof
shall not affect the right to require such performance
thereafter; nor shall the waiver by us 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 is deemed unenforceable or invalid,
such unenforceability or invalidity shall not affect
the remainder of this Agreement, but such provision
shall be automatically amended and replaced with a
provision that is valid and enforceable and which
achieves, to the extent possible, our original objectives
and intent as reflected in the original provision.
No provision of this Agreement, including our fee
schedule and the Dispute Policy, may be amended or
modified by you except by means of a written document
signed by us. We may modify this Agreement at any
time by posting such modification(s) on our website.
Such modifications will become effective 15 calendar
days after posting. Your continued use of our registration
services after such modification(s) become(s) effective
constitutes your acceptance of those modifications.
If you do not agree to such a modification, you may
request that your TLD name(s) be cancelled or transferred
to another registrar. This Agreement shall not confer
any benefits upon any person or entity other than
you and OnlineNIC, and shall not be construed to create
any obligation by OnlineNIC to any non-party.
OnlineNIC may, in its sole and absolute discretion, modify its Service Terms, including this Agreement, the Domain Registration Agreement and Reseller Hosting Terms of Services, at any time and such modification shall be effective immediately upon the earlier of (i) your use of OnlineNIC's website after such modifications have been posted on OnlineNIC's website as indicated by the "Last Revised" date; or (ii) OnlineNIC's email notification to you informing you of such modification. You agree to periodically review OnlineNIC's website to be aware of any such modifications. If you do not agree with any such modifications, your exclusive remedies are (a) to transfer your domain to another registrar; or (b) to cancel your domain with OnlineNIC.