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DOMAIN NAME REGISTRATION AGREEMENT
FOR .TW DOMAINS

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.


TERMS AND CONDITIONS

1. Definitions

"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.

2. Enforceability of the Agreement

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.

3. Submission of the Agreement

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. Your Data

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.

5. Policies of use

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.

6. Licenses of the Domain Name and Agents

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.

7. Breach of the Agreement

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.

8. Domain Name Dispute Policy

This is a translation of the Taiwan Network Information Center Domain Name Dispute Resolution Policy. In case of any discrepancy between this translation and the original Chinese text, the Chinese text shall govern. Terms in this translation expressed in the singular should be construed as also including the plural, and vice versa.
Article 1 Purpose
This Domain Name Dispute Resolution Policy (hereinafter, the "Policy") is specially adopted for the resolution of disputes arising between Registrants and third parties in respect of Domain Names registered with the Taiwan Network Information Center and Registrars.
Article 2 Definitions
The following terms, as used in this Policy, are defined as follows:
1. Domain Name means a name issued by the Registry Administrator or Registrars in accordance with applicable policies promulgated by the Taiwan Network Information Center and in which the country-code top-level domain (ccTLD) is "tw".
2. Registry Administrator means the Taiwan Network Information Center (TWNIC).
3. Registrar means an institution responsible for Domain Name registration under an agreement signed between it and the Registry Administrator.
4. Dispute-Resolution Provider ["Provider"] means a neutral institution approved by the Registry Administrator to handle Domain Name disputes.
5. Registrant means a person who has registered and may use a Domain Name pursuant to applicable policies promulgated by the Registry Administrator.
6. Complainant means a person who asks a Provider to resolve a Domain Name dispute pursuant to this Policy.
7. Party means a Registrant or Complainant.
8. Panelist means an individual selected and publicly announced by a Provider as qualified to handle Domain Name disputes.
9. Panel means a panel composed of Panelists to handle Domain Name disputes.
10. Work Day means a regular work day of the Registry Administrator or Provider, excluding Saturdays, Sundays, public holidays announced by the government, and other holidays designated by the Registry Administrator or Provider.
Article 3 Registrant's Obligation of Disclosure
When applying to register or renew registration of a Domain Name or to change Domain Name registration information, the registrant shall disclose to the Registrar and warrant the truthfulness of the below-listed matters, and shall assume sole responsibility for any infringement of rights or interests of others:
1. That the statements made on the application form are complete and accurate;
2. That, to the Registrant's knowledge, the Domain Name registered by it does not infringe on rights or interests of others;
3. That it is not registering, and will not use, the Domain Name for improper purposes;
4. That it is not deliberately registering, and will not deliberately use, the Domain Name in a manner that violates applicable laws or regulations.
Article 4 Cancellation or Transfer of a Domain Name
In any of the following circumstances, the Registry Administrator may cancel or transfer a registered Domain Name:
1. The Registry Administrator receives written instructions from the Registrant or its agent, provided this shall not apply in the circumstances in Article 14;
2. The Registry Administrator receives an irrevocable judgment of a court or a certifying document having the same force as an irrevocable judgment of a court;
3. The Registry Administrator receives a written decision of a Provider.
The Registry Administrator may also cancel or transfer a registered Domain Name pursuant to applicable registration policies agreed to by the Registrant or provisions of other laws or regulations.
Article 5 Grounds for Complaint Filing and Relevant Principles
A Complainant may, on the grounds that the below-listed circumstances exist in respect of the Registrant's Domain Name registration, file a complaint with a Provider pursuant to this Policy:
1. The Domain Name is identical or confusingly similar to a trademark(s), mark(s), personal name, business name, or other emblem(s) of the Complainant;
2. The Registrant has no rights or legitimate interests in respect of the Domain Name;
3. The Registrant has registered or used the Domain Name in bad faith.
Evidence submitted by both Parties, and all other materials, shall be considered when determining the presence of the elements in the subparagraphs of the preceding paragraph. If any of the circumstances in the subparagraphs below are present, a determination may be made that the Registrant has rights or legitimate interests in the Domain Name:
1. Before receiving any notice of the Domain Name dispute from a third party or a Provider, the Registrant used in good faith, or made demonstrable preparations to use, the Domain Name or a name corresponding to the Domain Name in selling goods or offering services;
2. The Registrant's use of the Domain Name is well known to the general public;
3. The Registrant is making a lawful, non-commercial, or legitimate use of the Domain Name and is not using it for commercial profit in a manner that would confuse or mislead consumers or detract from or harm the trademark(s), mark(s), personal name, business name, or other emblem(s) at issue.
The circumstances in the following subparagraphs may be considered when making a determination of bad faith in the registration or use of a Domain Name under paragraph 1, subparagraph 3:
1. The Registrant registered or acquired the Domain Name primarily for the purpose of gaining from the Complainant or a competitor thereof, by selling or renting the Domain Name or by some other means, a profit in excess of the expenses related to registering the Domain Name;
2. The Registrant registered the Domain Name for the purpose of preventing the Complainant from using a trademark(s), mark(s), personal name, business name, or other emblem in a Domain Name registration;
3. The Registrant registered the Domain Name primarily for the purpose of disrupting the business activities of a competitor;
4. The Registrant, for purposes of profit-seeking, has intentionally sought to induce or mislead network users to visit the Registrant's web site or other on-line location by creating confusion with the trademark(s), mark(s), personal name, business name, or other emblem(s) of the Complainant.
The Complainant shall select one of the Providers approved by the Registry Administrator with which to file its complaint.
Article 6 Basis for Dispute Resolution
The Provider shall handle the dispute in accordance with this Policy.
The Registry Administrator shall separately prescribe Rules setting forth the procedures for dispute resolution.
Article 7 Consolidated Resolution
In the event of multiple Domain Name disputes between the same Registrant and Complainant, either Party may petition the first Panel appointed to hear a [pending] Domain Name dispute between the Parties to consolidate the disputes. The Panel may thereupon decide to consolidate any or all such disputes to which this Policy applies as provided herein.
Article 8 Fees
Dispute resolution fees shall be paid by the Complainant, except in cases where the Registrant elects for a three- member Panel as provided in Article 6 of the Rules, in which case the fees shall be evenly split between the Parties.
Article 9 Remedies
The remedies available to a Complainant shall be limited to cancellation of the Registrant's Domain Name or transfer of the Domain Name to the Complainant.
The Provider shall deliver the decision of the Panel to the Registry Administrator.
The decision of the Panel shall be published in full on a public web site; provided, if the Panel deems there to be just cause for redaction, it may publish the content in part only.
Article 10 Litigation
The provisions of this Policy shall not prevent the Parties from filing a lawsuit in a court with respect to Domain Name disputes.
When a Panel renders a decision to cancel or transfer a Registrant's Domain Name, the Provider shall send the decision to the Registry Administrator and the Parties.
If the Registrant has not submitted documentation of litigation as provided in Article 3, paragraph 4, subparagraph 12 of the Rules within ten (10) Work Days of the day the Registry Administrator receives service of the decision from the Provider, the Registry Administrator shall implement the decision.
If the Registrant submits the documentation in the preceding paragraph within the period specified in the preceding paragraph, the Registry Administrator will provisionally stay implementation; provided, if either Party submits [either of] the following documents to the Registry Administrator, implementation shall be in accordance with the content of the document:
1. A notarized settlement agreement between the Parties;
2. Documentation that the lawsuit has been withdrawn, an irrevocable court judgment, or a certifying document having the same force as a court judgment.
Article 11 Applicable Scope
This Policy shall not apply to any Domain Name disputes arising between a Registrant and another person(s) except for disputes governed by this Policy as provided herein.
Article 12 Neutrality of the Registry Administrator
The Registry Administrator shall not participate in any dispute between a Registrant and any other person regarding Domain Name registration and use.
During Domain Name dispute resolution proceedings, the Registry Administrator will not participate in such proceedings in any way, with the exception that it shall provide information regarding Domain Name registration and use at the request of the Provider. The Registry Administrator shall execute the decision of the Panel, and shall be in no way liable for the outcome of the dispute resolution.
Article 13 Principle of Maintaining the Status Quo
The Registry Administrator may not cancel or transfer any Domain Name registration except as provided in Article 4, Article 10, paragraphs 3 and 4, and Article 14, paragraph 2 of this Policy.
Article 14 Transfer of a Disputed Domain Name
The Registrant may not transfer the Domain Name registration to another person under any of the following circumstances:
1. During a pending dispute resolution proceeding or within twenty (20) days after such proceeding is concluded;
2. During a proceeding before a court or arbitration body, unless the assignee consents in writing to be bound by the judgment of the court or the decision of the arbitration body.
The Registry Administrator may cancel transferred registrations where the transfer was made in violation of the provisions of the preceding paragraph.
Article 15 Policy Modifications
The Registry Administrator may modify this Policy as necessitated by developments in the Internet and the Domain Name system.
Revised Policy content shall be published on the Registry Administrator's web site thirty (30) days before it becomes effective. In cases where the complaint was filed with the Provider before the effective date of the revisions to Policy content, the unrevised Policy shall apply to related proceedings. In all cases where the complaint was filed with the Provider [from] the effective date of revisions to Policy content [onward], the revised Policy shall apply to related proceedings, irrespective of when the dispute arose.
In the event that the Registrant objects to revised content, its sole remedy is to petition the Registry Administrator to cancel the Domain Name registration. It will not be entitled to a refund of any fees paid. The revised Policy shall be binding upon the Registrant until cancellation of the Domain Name registration.
Article 16 Applicable Laws
Matters on which this Policy is silent shall be governed by the laws of the Republic of China.
The Registry Administrator shall be responsible for interpreting this Policy.
Article 17 Effective Date
This Policy shall become effective thirty days after its promulgation.

9. Cancellation, suspension of the Domain Name

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.

10. Limitation of Liability

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.

11. Indemnity

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.

12. Applicable law and Jurisdiction

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.

13. General

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.

14. Special Provisions for .tw

Should you wish to register a domain name under the .tw TLD in addition to the above terms and conditions, you agree to be bound by the following specific terms and conditions. In case of conflict, the terms and conditions established in this provision 20 shall prevail when registering a domain name under the .tw TLD.
14.1 You acknowledge that in this Agreement the term Registry Operator when used in connection with the registration of a domain name under the .tw TLD shall also mean the Registry Gateway Provider, that is, the entity authorized, at each time, by the Registry Operator of the .cn TLD to provide the registry gateway services. Currently, the Registry Gateway Provider is the company NeuStar, Inc.
14.2 You certify that: (i) the data provided in the domain name registration application is true, correct, up to date and complete; (ii) you will keep the information provided up to date; and (iii) to the best of your knowledge you have the authority to enter into this Agreement.
14.3 You agree to be bound by the Registry Operator domain name policy and rules and the Registry Operator domain name dispute policy that are incorporated and made part of this Agreement by reference:
TWNIC Domain Name Registration Management Regulations (currently at http://www.twnic.net.tw/english/dn/dn_02.htm) TWNIC Domain Name Dispute Resolution Policy (currently at http://www.twnic.net.tw/english/dn/dn_04.htm) Rules for the TWNIC Domain Name Dispute Resolution Policy (currently at http://www.twnic.net.tw/english/dn/dn_04a.htm) Guidelines for Authorization of Domian Name Registration Services (currently at http://www.twnic.net.tw/english/dn/dn_07.htm) Supervision and Guidance Regulation for Internet Protocol (IP) Address and Domain Name Registration and Management Services (currently at http://www.twnic.net.tw/file/ip0320.htm)
You agree that the Registry Operator may change its domain name policy and rules and the domain name dispute policy at any time and that maintaining the registration of a domain name under the .tw TLD after modifications to the abovementioned policies and rules become effective, constitutes your continued acceptance of said modifications.
14.4 Further to the jurisdictions indicated in provision 8 of this Agreement, you expressly submit to the jurisdiction of the courts of Taiwan.
14.5 With respect to the registration of a .tw TLD, this Agreement shall be governed by the laws of Taiwan.
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