The text below was accomplished on international cooperation to provide the chinese regulations in english language.

 

 

In order to complete the registration process you must read and agree to be bound by all terms and conditions herein.

"You" and "your" refers to the individual or entity that wishes to register a domain name using the registration services provided by CORE. "We" and "us" refers to Internet Council of Registrars ("CORE"), with domicile in World Trade Centre II, 29 Route de Pre-Bois, CH1215, Geneva, Switzerland. "Knipp Medien und Kommunikation GmbH" refers to the CORE member through which your application is processed. "Agreement" refers to this Domain Name Registration Agreement. "Registry Operator" refers to the entity responsible for managing and operating the registry where the domain name is registered.

The Agreement shall not be effective until and if accepted by us. The registration of the domain name shall imply our acceptance of the Agreement. Upon acceptance of the Agreement its terms and conditions shall be binding for both parties.

We are an accredited registrar of Internet Corporation for Assigned Names and Numbers ("ICANN") under an agreement between ICANN and us ("ICANN Agreement"). You also acknowledge that we have also entered into an agreement with the Registry Operator (the "Registry Operator Agreement") .

Therefore, you acknowledge that we may modify the Agreement if necessary to comply with the ICANN Agreement or the Registry Operator Agreement, or in general with the ICANN policies or the Registry Operator Policies, that may be adopted from time to time.

4.1. As part of the registration process you are required to provide us with the following information: a) your full name, postal address, e-mail address, voice telephone number, and fax number if available; b) the name of an authorized person for contact purposes in case of a registrant that is an organization, association or corporation; c) the IP addresses of the primary nameserver and secondary nameserver for the domain name; c) the corresponding names of those nameservers; d) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; e) the name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact ("your Data"); and to update it, keep it current, accurate and complete at all times.

Without prejudice to the above, Knipp may in order to facilitate the commercial relationship with you.

4.2. You agree to respond within fifteen (15) calendar days to inquiries from us concerning the accuracy of your Data.

4.3. You acknowledge that your Data will be:

4.3.1. transmitted to the Registry Operator for registry use

4.3.2. publicly available through the Whois Database Service

4.3.3. made available to ICANN for inspection

4.3.4. included and kept in our databases for the provision of registration services

4.3.5. included and kept in Knipps databases for the maintenance and development of the commercial relationship.

4.4. Your Data will be held and processed by us, Knipp, ICANN and the corresponding Registry Operator, for the purposes indicated above. By accepting this Agreement, you consent to the use of your Data as described above, and to the transfer of data to the abovementioned recipients.

4.5. Furthermore, subject to the policies implemented by ICANN, we may need to provide third-party bulk access to your Data for commercial purposes. Prior to providing third party bulk access to your Data we will obtain an agreement in writing from such party by which it commits not to use your Data for mass, unsolicited, commercial advertising purposes (spam).

4.6. With respect to third party individuals personal data that you provide us with, you guarantee that you have informed to such third party individuals of the intended uses and recepients of their personal data and have obtained of such third party individuals the corresponding consent.

4.7. You may request us a copy of your Data in our possession to review, modify or update it.

4.8. We will not process your Data in a manner incompatible with the purposes and uses mentioned above. We will take reasonable precautions to protect your Data from loss, misuse, unauthorized access or disclosure, alteration or destruction.

You agree that the domain name shall be in accordance with the syntaxis norms established by ICANN, and shall not consist of any of the reserved names established by the Registry Operator. Said norms and policies can be found at the web page of ICANN www.icann.org. You acknowledge that a domain name registered against the syntaxis norms or the reserved names may be cancelled. We will not be liable in any case for such cancellation.

You will remain responsible for all obligations under this Agreement even if you license use of the domain name to a third party. You accept liability for any harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you reasonable evidence of actionable harm.

You agree that if this Agreement is completed by anyone on your behalf, acting as your agent, you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy.

You acknowledge that wilfully providing inaccurate or unreliable information or willfuly failing to update information promptly will constitute a material breach of this Agreement and be a basis for its cancellation.

Furthermore, you acknowledge that failure to respond for over fifteen calendar days to our inquiries concerning the accuracy of contact details associated by the domain name registration will constitute a material breach of this Agreement and be a basis for its cancellation.

Article 1. This Policy is formulated in accordance with relevant Chinese laws, administrative regulations and policies, as well as the provisions of the "China Internet Domain Names Regulations", in order to resolve the domain name disputes on the Internet.

Article 2. This Policy is applied to resolve the disputes stemming from registration or use of the .CN domain names and Chinese domain names, which are subject to the management of the China Internet Network Information Centre ("CNNIC").

Article 3. The Domain name disputes shall be resolved with the Dispute Resolution Service Providers recognized by CNNIC.

The Dispute Resolution Service Providers shall, in accordance with this Policy and the Rules for CNNIC Domain Name Dispute Resolution Policy, formulate the supplemental rules of dispute resolution procedure and Panellist appointment.

Article 4. The Dispute Resolution Service Providers shall implement a system whereby Panels of experts are responsible for the resolution of disputes. The Panels are composed of one or three Panelists, who have expertise on computer networks and laws, possess a high sense of professional ethics and are capable of rendering independent and unbiased Decisions in domain name disputes. The List of the Panelists shall be published on line by the Dispute Resolution Service Providers, and the Complainants and the Respondents may select the Panelists there from.

Article 5. Any institution or person who considers that a registered domain name conflicts with the legitimate rights or interests of that institution or person may file a Complaint with any of the Dispute Resolution Service Providers.

Upon the acceptance of the Complaint, Dispute Resolution Service Providers shall form a Panel in accordance with the procedural rules. The Panel shall, in accordance with this Policy, the relevant procedural rules, and the principle of independence, impartiality and convenience, render a Decision to the dispute within 14 days from the date of the appointment of the Panel.

Article 6. The language of the domain name dispute resolution proceeding shall be Chinese, unless otherwise agreed by the parties or determined by the Panel.

Article 7. The Complainant and the Respondent shall bear the burden of proof for their own claims.

Article 8. Support of a Complaint against a registered domain name is subject to the following conditions:

(i) the disputed domain name is identical with or confusingly similar to the Complainant's name or mark in which the Complaint has civil rights or interests;

(ii) the disputed domain name holder has no right or legitimate interest in respect of the domain name or major part of the domain name;

(iii) the disputed domain name holder has registered or is being used the domain name in bad faith.

Article 9. Any of the following circumstances may be the evidence of the registration and use of a domain name in bad faith:

(i) the disputed domain name holder has registered or acquired the domain name for the purpose of selling, renting or otherwise transferring the domain name to obtain unjustified benefits;

(ii) the disputed domain name holder registered the domain name in order to prevent the owners of the name or mark from reflecting the name or the mark in a corresponding domain name, provided that the domain name holder has been engaged in a pattern of such conduct;

(iii) the disputed domain name holder has registered or acquired the domain name for the purpose of damaging the Complainant's reputation, disrupting the Complainant's normal business or creating confusion with the Complainant's name or mark so as to mislead the public;

(iv) other circumstances which may prove the bad faith.

Article 10. If a Complainant files Complaints against multiple domain names owned by the same domain name holder, the Complainant or the Respondent may request that the Dispute Resolution Service Providers consolidate the disputes before a single Panel. The Panel may determine whether to make the consolidation.

Article 11. Before the Panel makes the Decision to a dispute, either party who believes that any of the Panelists has a material interest in the opposite party and the material interest could influence the impartiality of the Decision may request the Dispute Resolution Service Provider to ask the Panelist to withdraw from the Panel. In the request, the facts and reasons shall be stated and the supporting evidence be provided. Dispute Resolution Service Provider shall have the discretion to determine whether the Panelist shall withdraw.

Article 12. CNNIC and the registrars shall not participate in the domain name resolution proceedings in any capacity or manner other than providing the information relevant to the registration and use of the domain name upon the request of the Dispute Resolution Service Providers.

Article 13. The Panel shall make the Decisions on the basis of the facts related to the dispute and the evidence submitted by the Complainant and the Respondent.

Where the Panel supports the Complaint, the registered domain name shall be cancelled or transferred to the Complainant; otherwise, the Complaint shall be rejected.

Article 14. Before a Complaint is filed pursuant to this Policy, or during the dispute resolution proceedings, or after the expert Panel has rendered its Decision, either party may institute an action concerning the same dispute with the Chinese court at the place where CNNIC 's principal office is located or subject to the agreement between the parties, submit the dispute to a Chinese arbitration institution for arbitration.

Article 15. If the Dispute Resolution Service Provider rules in its Decision to cancel the registered domain name or to transfer it to the Complainant, the domain name Registrar, before enforcing the Decision, shall wait 10 calendar days calculating from the date on which the Decision is published. If during such waiting period the Respondent submits valid proof attesting that a competent judicial authority or arbitration institution has accepted the relevant dispute, the registrar shall not enforce the Decision of the Dispute Resolution Service Provider.

After the Decision of the Dispute Resolution Service Provider is suspended, the Registrar shall take the further action as follows:

(i) if any proof attests that the parties have reached a settlement by themselves, the Registrar shall enforce such settlement.

(ii) if any proof attests that the party that instituted the judicial action or applied for arbitration has withdrawn the Complaint or the relevant action or Complaint has been rejected, the Registrar shall enforce the Dispute Resolution Service Provider's Decision;

(iii) if the judicial authority or arbitration institution has rendered a judgment or an award that has become legally effective, the Registrar shall enforce such judgment or award;

Article 16. During the dispute resolution proceedings and 10 calendar days after the Decision is published, the domain name holder shall not apply for the transfer or cancellation of the disputed domain name, unless the transferee agrees in writing to accept the Decision of the Dispute Resolution Service Provider.

Article 17. A Dispute Resolution Service Provider shall establish a dedicated website, receive Complaints concerning domain name disputes on line and make relevant materials concerning the domain name dispute cases publicly available. However, the Dispute Resolution Service Provider, upon the request of the Complainant or the Respondent, may keep confidential materials and information that may cause damage to the interests of the party if made publicly available.

Article 18. CNNIC has the right to amend this Policy in accordance with the development of the Internet and the domain name system and revision of the relevant Chinese laws, administrative regulations and policies, etc. The amended Policy will be published on the website and be implemented 30 calendar days after the date of publication. The amended Policy shall not apply to domain name disputes that had been submitted to a Dispute Resolution Service Provider prior to the amendment of this Policy.

The amended Policy will automatically become a part of existing domain name registration agreements between the domain name holder and the Registrar. If a domain name holder does not agree to be bound by the Policy or its amended version thereof, he shall notify the Registrar in a timely manner. The Registrar will continue the domain name services for the domain name holder for 30 calendar days after the receipt of such notification and cancel the relevant domain name registration after the passage of the 30 calendar days.

Article 19. This Policy is subject to the interpretation of CNNIC.

Article 20. This Policy shall be implemented since Sep.30, 2002. Chinese Character Domain Name Dispute Resolution Policy (Trial Implementation) ceases effect simultaneously.

You acknowledge that (i) if you wilfully provide inaccurate or unreliable information or willfuly fail to update information promptly and (ii) if you fail to follow the policies of use established by the ICANN and the Registry Operator, will constitute a material breach of this agreement and that it will entitle us to cause the cancellation of your registration.

You understand and accept that your domain name registration may be cancelled, suspended or transferred pursuant to any ICANN adopted specification or policy or pursuant to any registrar or registry procedure not inconsistend with an ICANN adopted specification (i) to correct mistakes by us or the Registry Operator in registering the name, including but not limited to, the cancellation, within fortyfive (45) days from registration, of your domain name when its registration has taken place as a result of a previous erroneous cancellation; or (ii) for the resolution of disputes concerning the domain name.

You understand and accept that the Registry Operator may cause the cancellation or transfer of your registration that it deems necessary, in its discretion, to protect the stability or the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, or to avoid any liability, civil or criminal, on the part of the Registry Operator or us as well as its or our affiliates, subsidiaries, officers, directors and employees.

We and the Registry Operator reserve the right to put your domain name on hold during resolution of a dispute.

We reserve the right to suspend or cancel your domain name in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either appliable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity.

You understand that we will have to cause the cancellation of your domain name registration if we receive a notification to that effect issued by a competent authority under the relevant applicable laws.

You accept that we shall not be liable to you for (i) any loss of registration of a domain name for whatever reason not due to our negligence or wiful misconduct; (ii) access delays, system errors or failures or interruptions to our registration system; (iii) non-delivery or misdelivery of data between you and us; (iv) events beyond our reasonable control; (v) events produced pursuant to the instructions received from the Registry Operator or ICANN; (vi) the failure of you or your agent to pay any fees hereunder; (vii) the application of the Dispute Policy.

In no event shall our liability arising out of this Agreement, the claim of any third party, or the termination of this Agreement, exceed the amounts effectively paid by you to us pursuant to this Agreement. In no event shall we have any liability for any indirect, incidental, special or consequential damages, however caused and on any theory of liability, including but not limited to loss of anticipated profits, even if it has been advised of the possibility of such damages.

You acknowledge that we are not part of any terms or condition that Knipp may establish in connection with the payment of the domain names. In this sense, we will not be responsible for any action or omission that Knipp may take in order to obtain complete payment of the amounts due.

You represent and warrant to us that to the best of your knowledge neither the registration of the domain name or the maneer in which it is directly or indirectly used infringes the legal rights of any third parties.

You shall indemnify and hold harmless the Registry Operator and us and its or ours directors, officers, employees, and agents from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonalbe legal fees and expenses) arising out of or related to your domain name registration or use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy.

This Agreement shall be governed by the laws of Switzerland.

Any claim, dispute or other matter in question with respect to or arising under this Agreement or the breach thereof shall be decided by either the Courts of your domicile, as indicated in our Whois database at the time of submission of the claim, or the courts of our registered domicile.

This Agreement contains our entire agreement and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between you and us.

Neither of us shall be liable for any loss or damage due to delays in its delivery or performance, for its failure to manufacture, deliver or perform, arising out of any cause beyond its reasonable control.

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.