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eName Domain Registration Service Agreement

1. Prelude and Introduction

      Dear User,Hello!Welcome to use eName online domain registration service!

      To better serve eName users and regularize eName users’ behavior,you should read and comply with 《eName Domain Registration Service Agreement》(hereinafter referred to as“This Agreement”);This Agreement is entered between you and eName about users use eName relevant services;“eName” refers to eName Technology Co., Ltd and its affiliates;“User” refers to the registrant,the domain account administrator and so on that use eName domain registration service.In this agreement mostly refers as “You”;

      Before accepting this agreement,Please make sure to read and understand all the terms of this agreement carefully.About this agreement,please pay special attention to limitations,exceptions,eName’s identifying and processing clause towards your violation and noncompliance, and the clause of jurisdictional court and so on. Should you have any inquiries, please contact eName customer service, eName will explain the clauses to you. If you do not agree this agreement, or can’t accurately understand eName’s explanation over the clauses, please do not agree this agreement or use the services under this agreement. Otherwise, it means you have accepted the below mentioned clauses and terms and agreed to accept this agreement. At that time, you can’t advocate this agreement void or request to withdraw this agreement because you didn’t read this agreement or didn’t get the reply from eName for your inquiry about this agreement, or other reasons;

2. Agreement formation, take effect and scope of application

2.1 User confirms this agreement via eName platform or other ways, including but not limited to, doesn’t click confirm this agreement but use eName domain transaction services. It all means that User and eName have agreed on this agreement and accepted all terms stipulated in this agreement;

2.2 This agreement is effective immediately when User confirms this agreement. If User doesn’t confirm this agreement, but in fact he/she has been using eNAme service or perform this agreement. Then this agreement will become effective the first time when User’s factual behaviors happen;

2.3 This agreement includes the main body of this agreement and all kinds of rules, regulations, notifications and announcements, etc (hereinafter referred to as“Rules”) about eName services which have been released or will be released in the future by eName. All rules are an integral of this agreement and have the same legal effect as the main body;

3. Registration Rule

3.1 On the basis of you fully read and agree to this agreement, you further promises to abide by the national domain name competent authorities , domain name registration management institution CNNIC ( including but not limited to 《 China Internet Network Domain Name Management Method 》, 《 China Internet Network Information Center Domain Name Registration Implementation Rules》, 《China Internet Network Information Center Domain Name Dispute Resolution》, 《China Internet Network Information Center Domain Name Dispute Resolution Procedure Rules》,《China Internet Network Information Center Domain Name Registration Service Organization Change Measures). And the relevant policies and regulations and Uniform Dispute Resolution Policy (UDRP) , etc of ICANN (including but not limited to any international generic top-level domain name registration institutions under ICANN and CNNIC, etc). The domains owned by you will keep applying to new domain name registration management measures and domain name dispute resolution after CNNIC and ICANN’s domain name registration management measures and domain name dispute resolution be changed or modified;

3.2 eName is a platform of domain name registration, transaction and portal. Please make sure your registration information is true, legal and valid. You cannot pretend to be someone else, or release any information by the name of others, or Maliciously use registered account to make other users mistaken. If such circumstances arise, eName has the right to stop providing service immediately, withdraw eName domain name account and the relevant user should bear all the consequences arising therefrom;

3.3 Domain period of validity starts from registration to successful registration year limit confirmation. Within this period you can choose the domain relevant services provided by eName;

3.4 You renew the domain and the domain management institution accepts your payment. eName service viability extends to domain management institution accredited domain effective date;

4. User's Rights and Obligations

4.1 You understand and agree to: whether or when or how you are granted the ownership of domain name is determined by the domain name registration institution;

4.2 You understand and agree to: eName will require you to submit verification material under the request of the domain name management institution. You should provide current, accurate and complete domain name registration information, which includes but not limited to whois retained relevant information. You also promise the authenticity, completeness and effectiveness of verification material, and to update it all the time. If you do not submit the verification material according to the above requirements, or the material does not meet the relevant requirements of domain name management institution, which are all considered a breach of this agreement. Any domain name registration failure, cancellation, lost or being registered by others caused by this, you shall bear the responsibility. eName will not refund the payment to you;

4.3 You understand and agree to: register domains strictly in accordance with eName registration process. Any registrations that are not in accordance with eName registration process will be considered invalid. Any loss due to unsuccessful registration caused by this shall be borne by you;

4.4 Once you apply for domain registration, it means you agree to abide the current and further modified policy, method, and regulation about domain registration and dispute resolution, and country law and regulation;

4.5 You understand and guarantee: The registered domain doesn’t infringe any legal right of eName or any third party, (including but do not limited to others’ trademark right and domain name right. ) If the registered domain infringes any legal right of eName or any third party, you shall take all the responsibility;

4.6 You understand and agree to: ask eName for invoice after successful domain registration with eName;

4.7 You understand and agree to: After you successfully register domain with eName, you are entitled to download the domain certificate under domain management page. You have the ownership of the domain certificate while you own the domain;

4.8 You understand and agree to :Whether the domain name is registered successfully is determined by the application itself and the application time. eName are only agent to concerned formality, eName does not guarantee whether the domain name is registered successfully. Before confirm the domain name successful registration, user shall not claim to be the owner of the registered domain name, neither can user assert the success or failure of the domain name registration. User shall volunteer to check the status of the domain name in whois database in domain registration institution after submitting domain name registration application;

4.9 You understand and agree to : You shall issue letter of authorization to eName when it is necessary. You shall offer necessary assistance to domain management institution and eName regarding relevant information;

4.10 You can keep the domain name with eName or transfer to other domain name registrars after register the domain name successfully. But it shall correspond with the relevant regulations of domain registration management institution and eName;

4.11 You understand and agree to : If you use unverified template to register a domain name,after the domain name is registered successfully, you need to have a real-name authentication according to the competent department instructions. If the domain name is suspended or terminated service, canceled or determined not yours because of no real-name authentication, eName as the domain name registrar will not bear any responsibility under these circumstances;

4.12 You understand and agree to : You should pay all the required fees to eName on time. If you do not pay enough fees or provide specified and qualified domain name registration application material in specified time, which is considered to waiver the registered domain name . You shall bear all the consequences (which contain but not limited to the domain name registration be canceled by domain registration management institution);

4.13 You understand and agree to : Unless the domain name is not passed by registration institution. The domain name cannot be deleted and get the refund after registration;

4.14 You understand and agree to : eName’s service duration is the purchased year limit. If you wish to continue the domain ownership and eName’s relevant service, you should renew the domain before its service duration. Or authorize eName in written to renew. To authorize eName to renew, you should guarantee your account has enough payment according to eName public charging standard. Please refer to 《 eName Domain Renewal Service Agreement》; If you do not proceed as the above, eName would consider you do not entrust eName to renew the domain name and will stop service after service duration and entitle to delete the domain name. The domain name will enter the grace period since the day of deletion. During the grace period, you can pay eName fees (the restore price subjects to eName’s public price standard) to retrieve the domain name if you still want to own this domain name . But eName will not guarantee a sure restore. If the domain name is not restored successfully, eName will refund the restore fee. eName will not bear any consequences except that. During the grace period, If the domain is not restored, eName has the right to process the domain name;

4.15 You understand and guarantee: The registered domain name will be terminated, deleted or canceled under the following conditions:

4.15.1 Not pursuant to any ICANN or CNNIC specifications or policy provisions;

4.15.2 Under the premise of without violating the ICANN or CNNIC stipulation, to amend operation error during domain name registration caused by registration service organization or registration operation organization;

4.15.3 For the purpose of resolving domain name disputes;

4.16 You understand and guarantee: You pledge not to use registered domain to spread SPAM like unwanted email, advertising etc. eName has the right to suspend the domain use if you violate any of it. You are responsible for all the consequences arising therefrom;

4.17 You understand and agree: :The services (including privacy protection, template push, domain resolution and so on)given by eName are an extra discount, you are not allowed to raise any objections. You use the offered service must abide by the national law, the administrative rules and regulations, the social public moral and the computer and the Internet profession standard, eName has the right to determine whether your use of the offered services constitute a violation of the above and whether or not continue to provide this free service to you according to its cautious judgment. All content of the offered service take this agreement term of validity as a deadline;

4.18 You agree and understand:You can’t use eName domain name registration service to make, upload, copy, release, spread or reproduce the following content. If you are in breach of the following, eName reserves the right to retroactive liability, as well as financial compensation to you:

4.18.1 Against the basic principles set in the constitution;

4.18.2 Endanger national security, leak State secrets, subvert state power, undermine national unity;

4.18.3 Harm national honor and interests;

4.18.4 Incite ethnic hatred or discrimination, undermine national unity;

4.18.5 Undermine national religious policy, promoting cults and superstitions;

4.18.6 Spread rumors, disturb social order, undermine social stability;

4.18.7 Spread obscenity, pornography, gambling, violence, murder, terrorism or abetting the crimes;

4.18.8 Insult or slander others, infringe upon others’ legitimate rights and interests;

4.18.9 Contain information of other contents prohibited by laws and administrative regulations;

5. eName's Rights and Obligations

5.1 eName completes the application for domain name registration for you, and submits the required files and pays for the relevant fees on your behalf. eName does not guarantee the successful registration of domain name by any express or implied instructions;

5.2 The domain name registration application eName submits for you should base on current domain name registration and query results in the database of domain name management organization. Queries without conflict does not indicate that the domain can be registered successfully;

5.3 For domain name registration disputes, as well as the following scenario caused by domain name registration and management institution, eName does not assume any responsibility:

5.3.1 When submit domain name registration online, the domain name is registered by others;

5.3.2 The domain name is registered by others due to telecommunication lines and equipment problems;

5.3.3 The domain name registration application is dismissed by domain name registry due to unclear information, which might cause the domain name be registered by others;

5.3.4 Please make sure to fill in the correct information, incorrect information might cause ownership disputes and problems;

5.3.5 Do not strictly follow the prompts to fill in an application form, or fill in irregularities, which cause delay in registration or be registered by others;

5.3.6 Do not strictly submit domain name registration materials within the specified deadline;

5.3.7 Domain name registration failure or delay caused by domain name registration management system fault or error;

5.3.8 Domain name registration failure caused by factor beyond predication and control of eName;

5.3.9 All the consequences resulting from the cancellation of domain name registration services due to domain name registration institution policy changes , technology and other reasons;

5.3.10 Domain name registration institution or others make modifications to the domain name registration information submitted by you;

5.4 eName has the right to record your information in the public query databases and publications per registration institution specification;

5.5 eName has the right to use your data and use your information and data for legitimate goal, except for the following two conditions:

5.5.1 Except from you and related third party( include but not limited to the your existing customers ), anyone is not allowed or authorized or by other way through e-mail, telephone, or facsimile to initiate group forward commercial advertising or to disseminate data;

5.5.2 Unless it is the required appropriate access for the existing registration or modifications of domain name registration, you should not query data through a lot automatic electronic process, or send the data to any registry or registry accredited registrar systems;

5.6 eName has the right to reject or delete, cancel the registration under the following conditions when you submit registration or use the domain name:

5.6.1 Submit untrue, inaccurate, incomplete registration information or fails to update the modified information on time;

5.6.2 Fail to make corresponding payment;

5.6.3 Violate this term of service, laws and regulations or the government policy;

5.6.4 Domain shall be canceled according to the decision, judgment or ruling of domain name management institutions, the court or domain name dispute resolution service providers;

5.6.5 The registration and usage of the domain name brings adverse effect on eName, domain name management institutions or related service providers; You understand and agree: eName, domain name management institutions or related service providers have the rights to decide whether your conduct complies with the above conditions according to relevant regulations;

5.7 eName will still assist user to submit payment to domain registration management institution if user submits written renewal notice to eName or eName receives user’s payment after the specified time limit. However, eName will not guarantee a successful renewal;

5.8 eName, domain name management institutions or relevant service providers have the right to lock the domain name when it is in dispute but do not guarantee the dispute result of the domain name in any form;

5.9 You understand and agree to: eName has the right to automatically set the domain to resolve to a designated page. User has the right to cancel this automatic resolving setting at any time during the validity of the domain;

5.10 You understand and agree to: you are no longer the domain owner and will lose management of the domain name on the day of its expiration;

5.11 You understand and agree to: eName can choose to set the domain name unlimited redirect to any IP address on the day of expiration. This IP address can be a parking page for charges or a commercial search engine;

5.12 You understand and agree to: eName will not and have no such rights to verify whether such redirection violates the legal rights of any registrant including you or any third party(including but not limited to intellectual property rights, privacy rights, trademark rights );

5.13 You understand and agree to: eName will not and have no such rights to verify whether the website content displayed by the redirection is inappropriate or violates any rules and regulations or law of countries and regions,provincial,federal, state or local areas; Or does harm to you, any third party or their reputation;

5.14 You understand and agree to: eName’s obligation is only limited to timely terminate the redirection of the domain in question upon receipt of any ruling from related judicial authority . eName shall take no responsibility for any direct or indirect loss caused by redirection;

5.15 Due to business development need, eName reserves the rights to unilaterally change, suspend, limit, terminate all or part of the terms of the service in this domain registration agreement or revoke eName registration service without any notice at any time. You need to undertake this risk;

6. Fees and Payment

6.1 You understand and agree to : make the required payment to eName according to the fee standards published by eName in the stipulated time. And also agree to each renewal shall be applicable for the fee standards at the renewal grace period;

6.2 You understand and agree: eName, CNNIC and ICANN shall be free from the prosecution if any dispute caused by the adjustment of fee standard. Upon acceptance of this agreement, you hereby shall make the full payment for domain registration to eName. And the fee for registration can not be refund after successful registration;

6.3 You understand and agree: eName shall not take any responsibility for such condition that domain is registered by others before eName receives your payment and pays to domain name management institutions after you accept this agreement;

6.4 You understand and agree: “eName receive your payment” refers to eName receives your postal payment receipt or bank transfer original vouchers etc. “Payment to domain name management institutions” refers to domain name management institutions receive this payment;

6.5 You understand and agree to:fail to receive the payment notice from eName can't be taken as excuse or explanation for your failure to make timely payment or renew the domain name;

6.6 If you have any questions about the the notification of payment matters like the charge fee standard, service duration provided by eName, you shall inform eName in written on time after get the notification. eName will check after receive your written notice. Otherwise, it will be deemed that you have approved the notification of payment matters provided by eName. Both parties should in accordance with the notification to process the fee settlement and payment, etc;

7. Cancellation,Suspend and Termination

7.1 You understand and agree to: Within the valid service period, the service of eName is terminated if the domain name is transferred out to other registrar other than eName;

7.2 You understand and agree to:At the end of the service period, both parties enter into the negotiated agreement at the current valid new price and provisions if they wish to continue to cooperate;

7.3 You understand and agree to:If the domain name you need is not successfully registered, eName should return the registration fee to your ID account, unless the domain management institute does not return the payment. eName does not need to take any other responsibility;;

7.4 You understand and agree to:eName is not responsible for any delay or loss incurred due to internet failure or server failure;

7.5 eName's service may terminate early under the following conditions:

7.5.1 Both parties agree to modify;

7.5.2 Both parties sign other contracts and have agreed otherwise;

7.5.3 If the domain name has been transferred out to other registrars other than eName;

7.5.4 If you violate this agreement, laws or regulations and policy under the domain name management institutions , etc. eName will terminate the service according to the regulations or the decision made by relevant institutions;

7.5.5 Domain name management institutions terminate the service or notify eName to do so;

7.5.6 eName terminates the service per the decision of court or dispute resolution service provider;

7.5.7 Obtain domain name registration through fraud and conceal, or by illegal methods, eName can terminate the service immediately;

7.5.8 Do not renew the domain in time;

7.5.9 A party entity qualification does not exist or crater;

8. Force Majeure and and Other Exemptions

8.1 eName provides service according to “current situation”. eName state clearly here that eName does not make any express or implied warranties on eName services, including but not limited to the applicability,no errors or omissions, continuity, safety, accuracy, reliability, suitable for a particular purpose;

8.2 You understand and agree to: In the course of using the service, you may encounter force majeure and other risk factors, which will interrupt this service.The Force majeure means an objective event which is unforeseeable, unavoidable and will have a significant impact on one party or both parties. It includes but not limited to natural disasters such as flood, earthquake, plague and storm and social events such as war, unrest, government behavior, etc. When the above conditions happen, eName will try to coordinate with the relevant units immediately and to recover on time. However, for any loss caused to you, eName exempts the responsibility in the legal permission scope;

8.3 To the extent permitted by law, eName does not bear any responsibility to you or the third party for service interruption or disruption caused by the following conditions:

8.3.1 Attacked by the computer virus, Trojan or other malicious programs, hacker attacks;

8.3.2 User’s or eName’s computer software, system, hardware and communication line failure;

8.3.3 User improper operation;

8.3.4 User use this service via a non eName-authorized way;

8.3.5 Other conditions cannot be controlled or reasonably foreseen by eName;

8.4 You understand and agree to that in the course of using this service, you might encounter the risks brought by network information or other users’ behavior. eName is neither responsible for the authenticity, applicability, legitimacy of any information, not for the damage caused to you by infringement act. These risks include but not limited to:

8.4.1 Anonymous or pseudonymous information containing threats, slander, or illegal content from others;

8.4.2 Due to the use of the service under this agreement, you suffer any psychological, physiological damage and economic loss which are caused or might be caused by misguide and deception by others;

8.4.3 Other risks caused by network information or user behavior;

8.5 You understand and agree to: this domain name registration agreement is not designed for some specific purpose, it includes but not limited to the important fields like nuclear facilities, military applications, medical facilities, transportation and communication etc.If the above operation fails because of software or service, which results in casualties, loss of property and damage to the environment,etc;

eName does not assume responsibility or liability;

8.6 Pursuant to the agreement, eName has the right to deal with illegal content, that right does not constitute eName’s obligations or commitments. eName cannot guarantee the timely detection of violations or correspondent process;

8.7 In any cases, you should not believe borrowing, ask for passwords or other property related network information; If it involves property operation, please be sure to check the identity of the other side, and please always pay attention to eName’s tips on prevention of the crime of fraud;

9. Jurisdiction and Law Application

9.1 This agreement signing place is Siming Dsitrict, Xiamen City, Fujian Province, People's Republic of China;

9.2 The establishment, activation, fulfillment, explanation and dispute resolution of this agreement shall apply to People's Republic of China land area law;If there is no relevant legal provisions, then it should refer to general international domain industry practices.;

9.3 If there are any dispute or controversy between you and eName, both parties should resolve friendly at first; If the resolution fails, you agree to submit the dispute or controversy to the people's court which has jurisdiction in the agreement signing place;
9.4 All the headings of the clauses in this Agreement are for convenience only, they do not have practical meaning and can not be used as the basis of the interpretation of this agreement;
9.5 No matter what reasons, part of the clauses of this Agreement is invalid or this agreement is unenforceable, the remaining clauses are still valid and binding on both parties;

10. Miscellaneous

      If you have any comments and suggestions for this agreement, please contact eName customer service (eName customer service hot line: 400-0044-400),we will provide you with assistance;

11. Supplementary Provisions

      This agreement contains the above provisions and all kinds of rules that has published by eName or will publish in the future. All rules are an integral part of this agreement, which have the equal legal effect. When you use this service, you have read, understood and accepted all the clauses and rules in this agreement , and promise to abide all kinds of laws and regulations of China. For any consequences caused by any violations, you shall bear the corresponding legal responsibility independently.

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