Supplementary Agreement for .CN Domain Names

TERMS AND CONDITIONS

Please read the Supplementary Terms for .CN Domain Name Registration below.
Version Date: July 21, 2008
SUPPLEMENTARY TERMS FOR .CN DOMAIN NAME REGISTRATION

  1. Interpretation. For all Services provided by Webnames by reason of, relating to, arising out of, or in any way connected with domain names registered or proposed to be registered in the .cn (China) Top Level Domain (the ".cnTLD"), the Webnames.ca Terms of Use and Services Agreement (available by clicking here) and these Supplementary Terms together constitute and are referred to as the "Agreement". If there is a conflict between these Supplementary Terms and the Webnames.ca Terms of Use and Services Agreement, then these Supplementary Terms will govern.

  2. Definitions. In these Supplementary Terms, "domain name" means a domain name registered or proposed to be registered in the .cnTLD. In the Agreement: (a) "Registry Authorities" include China Internet Network Information Centre ("CNNIC"), which is responsible for the administration of the .cnTLD and the Chinese domain name system, NeuStar Inc. ("NeuStar"), a registry gateway provider for the .cnTLD, and their respective successors and assigns; and (b) "domain name" includes a domain name registered or proposed for registration in the .cnTLD.

  3. Acceptance. By applying to register a domain name through Webnames, you unconditionally accept and agree to the Agreement.

  4. Registry Authorities. Each of the Registry Authorities and each of their respective successors and assigns is an intended third-party beneficiary of the Agreement. The Registry Authorities may transfer and assign their rights and benefits under the Agreement.

  5. Indemnity. Without limiting the generality of any other provision in the Agreement, you hereby covenant and agree to indemnify, defend and hold harmless Webnames and each of the Registry Authorities, and each of their respective directors, officers, employees, representatives, agents, affiliates, and stockholders, from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, by reason of, relating to, arising out of, or in any way connected with: (a) the Services; (b) your application to register a domain name; (c) your domain name registration; (d) your use of any domain name; or (e) any breach of this Agreement by you or any person for whom you are responsible in law. This indemnity obligation survives indefinitely after the termination or expiration of the Agreement.

  6. Business or Organization Representation. The .cnTLD domain space is intended for use by businesses and organizations only, and not for individual use. By registering a domain name, you represent, warrant and certify that you have registered the domain name on behalf of a business or organization.

  7. Registry Authority Policies. Without limiting the generality of any other provision in the Agreement, you will comply with all standards, policies, procedures, practices, rules, processes, regulations and requirements for the .cnTLD as established, amended, updated, changed or modified from time to time by any of The Peoples Republic of China's governmental agencies and the Registry Authorities in their absolute discretion, including without limitation all standards, policies, procedures, practices, rules and regulations published on the .cnTLD website (www.cnnic.cn) from time to time and including the processes and requirements contained in the following rules and regulations:
    (a) China Internet Domain Name Regulations at http://www.cnnic.net.cn/ruler/20.shtml
    (b) CNNIC Detailed Rules of Internet Domain Name Registration Administration at http://www.cnnic.net.cn/ruler/16.shtml
    (c) CNNIC Domain Name Dispute Resolution Policy at http://www.cnnic.net.cn/doc/e-10.shtml and
    (d) Rules for CNNIC Domain Name Dispute Resolution Policy at http://www.cnnic.net.cn/doc/e-9.shtml.

  8. Disputes.
    (a) Dispute Resolution Policy. All disputes concerning domain names will be resolved in accordance with, and you hereby agree to be bound by, the CNNIC Domain Name Dispute Resolution Policy & Rules for CNNIC Domain Name Dispute Resolution Policy, currently found at http://www.cnnic.net.cn/ruler/20.shtml and http://www.cnnic.net.cn/doc/e-10.shtml respectively, which may be revised from time to time by CNNIC in its absolute discretion without any notice to you by posting a revised policy on the CNNIC website (www.cnnic.net.cn). By maintaining the registration of your domain name after any such revisions, you agree to be bound by the revised policies. If you do not agree to any such revisions, you will terminate your domain name registration. If you terminate your domain name registration, the registration fees will not be refunded.
    (b) If a complaint is filed with a judicial or administrative body regarding a domain name registered using the Services, you will not make any changes to the domain name registration or record without Webnames' prior approval. Webnames may in its absolute discretion refuse to allow you to make changes to the domain name registration or record unless and until: (i) Webnames is directed to do so by the judicial or administrative body, or (ii) Webnames receives notification by you and the other party contesting the domain name registration and use that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of a domain name registered using the Services, Webnames may deposit control of the domain name registration into the registry of the judicial body by delivering a registrar certificate to the judicial body.

  9. Registration Data.
    (a) Registration Data. To apply to register a domain name, you must provide Webnames with the following information: (i) the domain name to be registered; (ii) the IP addresses and corresponding names of the primary and secondary name servers for the domain name; (iii) the original creation date and term of the registration; (iv) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the registrant for the domain name; (v) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the billing contact for the domain name; (vi) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the domain name; and (vii) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the domain name (collectively the "Registration Data").
    (b) Use and Disclosure of Registration Data. Without limiting the generality of any other provision in the Agreement, you hereby consent to: (i) the disclosure of the Registration Data to the Registry Authorities; (ii) the use of the Registration Data by Webnames and the Registry Authorities in connection with the processing of your application to register the domain name, the registration of the domain name, the operation of the .cnTLD and related systems, and the processing of transactions in connection with the .cnTLD system; and (iii) the disclosure of the Registration Data to the public as part of the .cnTLD Whois database.
    (c) Data Complaints. Webnames may accept written complaints from third parties regarding false or inaccurate Registration Data in connection with a domain name, and may deliver to you by email a written notice stating that the Registration Data may be false, inaccurate or not up to date (a "Data Notice"). You will update the Registration Data (including without limitation contact information) no later than thirty (30) calendar days from the date of a Data Notice. If, within thirty (30) days, you either: (i) show that you have not provided false or inaccurate Registration Data; or (ii) provide updated Registration Data; then you will be allowed to maintain the domain name registration. If, however, after thirty (30) days, you either do not respond to the Data Notice or are unable to provide true and accurate Registration Data, you will be deemed to have breached the Agreement, Webnames will delete the domain name registration, and you will not be entitled to a refund of any fees paid in connection with the domain name.
    (d) Domain Name Cancellation. Without limiting the generality of any other provision in the Agreement, (i) your willful or grossly negligent provision of inaccurate or unreliable information to Webnames; (ii) your willful or grossly negligent failure promptly to update information provided to Webnames; or (iii) any failure to respond for over five (5) calendar days to an inquiry sent by Webnames to the email address for the administrative, billing or technical contact then appearing in the .cnTLD Whois directory for your domain name regarding the accuracy of contact details associated with any domain name registration by or through you or your account, will constitute a material breach of the Agreement and be a basis for cancellation of the registration of your domain names.

  10. Representations, Warranties and Certifications. Without limiting the generality of any other provision in the Agreement, you hereby represent, warrant and certify as follows: (a) you have the requisite power, authority and approvals to enter into, execute and deliver this Agreement and to perform fully your obligations under this Agreement; (b) you are at least the age of majority in your jurisdiction of residence and can form legally binding contracts under applicable law; (c) the Registration Data is true, correct, up to date, accurate, reliable, and complete; (d) you will keep the Registration Data true, correct, up to date, accurate, reliable, and complete, and will promptly correct and update the Registration Data during the term of the registration of the domain name; (e) to the best of your knowledge you have the authority to enter into the Agreement; (f) to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes or violates legal rights and/or interests of any third party or violates any provision of the Agreement.

  11. Responsibility. By registering a domain name, you are responsible for providing and maintaining true, correct, up to date, accurate, reliable, and complete Registration Data adequate to facilitate the timely resolution of any problems that arise in connection with the domain name, and you are liable for any loss or damage caused by any wrongful use of the domain name.

  12. Fees. Fees for Services are non-refundable. If you fail to timely pay all requisite fees for a domain name registration, the domain name registration may be immediately cancelled without any prior notice or liability to you or any other person.

  13. Records of Registration. You will maintain your own records appropriate to document and prove the initial registration date of all domain names, regardless of the number of registrars with which you enter into a contract for registration services.

  14. Governing Law. This Agreement and all related matters will be governed by, and construed in accordance with, the laws of the Peoples Republic of China.

  15. Jurisdiction. For the adjudication of disputes concerning or arising from use of a domain name, you will submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of: (a) your domicile; (b) British Columbia, Canada; and (c) the People's Republic of China.

  16. Suspension, Cancellation, and Transfer. Without limiting the generality of any other provision in the Agreement, the registration of a domain name is subject to suspension, cancellation, and transfer pursuant to any specification or policy adopted by Webnames or a Registration Authority: (a) to correct mistakes by Webnames or a Registration Authority in registering the domain name; or (b) for the resolution of disputes concerning the domain name.

  17. Restrictions. Without limiting the generality of any other provision in the Agreement, the Registry Authorities and Webnames each reserve the right to deny, cancel, transfer and otherwise make unavailable any domain name registration that any of them deems necessary, in their absolute discretion: (a) to protect the integrity and stability of the .cnTLD registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of any Registry Authority or Webnames or any of their respective affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (d) for violations of any agreements between any Registry Authority and Webnames; or (e) to correct mistakes made by any Registry Authority, Webnames or any registrar in connection with a domain name registration. The Registry Authorities and Webnames each reserve the right to freeze a domain name during the resolution of a dispute regarding the domain name.

  18. Prohibitions. Without limiting the generality of any other provision in the Agreement, you may not register or use a domain name that is deemed by CNNIC to: (a) be against the basic principles prescribed in the Constitution of the Peoples Republic of China ("PRC"); (b) jeopardize national security, leak state secrets, intend to overturn the government, or disrupt of state integrity of the PRC; (c) harm national honor and national interests of the PRC; (d) instigate hostility or discrimination between different nationalities, or disrupt the national solidarity of the PRC; (e) violate the PRC's religion policies or propagate cult and feudal superstition; (f) spread rumors, disturb public order or disrupt social stability of the PRC; (g) spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC; (h) insult, libel against others and infringe other people's legal rights and interests in the PRC; or (i) take any other action prohibited in laws, rules and administrative regulations of the PRC.

  19. Domain Name Transfers. You may not change the registrar of your domain name during the first 60 days after the initial registration of the domain name with Webnames.

  20. Maximum Term. The maximum term for a domain name registration is five (5) years. Domain name registrations are available for terms of one, two, three, four and five years.

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