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eName Domain Registration Service Agreement

1. Prelude and Introduction

      Hello!Dear User, 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 using eName relevant services; “eName” refers to eName Technology Co., Ltd and its affiliates “User” refers to the registrant and the domain account administrator etc. that use eName domain registration service. In this agreement mostly refers as “You”;

      Before agreeing to this agreement, please make sure to read all the terms of this agreement carefully. In 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, etc. Should you have any inquiries, please contact eName customer service, eName will explain the clauses to you. If you do not agree to this agreement, or you can’t accurately understand eName’s explanation over the clauses, please do not agree to 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. Then 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 can confirm this agreement via eName platform or via other ways, including but not limited to use eName domain registration services without confirming this agreement. All of these mean 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 User’s factual behaviors happen;

2.3 This agreement includes the main body and all kinds of rules, regulations, notifications and announcements, etc hereinafter referred to as“Rules” of 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.). Should CNNIC and ICANN’s domain name registration management measures and domain name dispute resolution be changed or modified in the future, your domains will still be applied to those Rules.;

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 can’t 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 and withdraw eName account. The relevant user should bear all the responsibilities arising therefrom;

3.3 Domain period of validity starts from registration date to expiration date. Within this period you can use the domain relevant services provided by eName;

3.4 Once you renew the domain and the domain management institution accepts your renewal. eName will extend the service viability till the domain expiration 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 (Such as CNNIC, ICANN, etc.);

4.2 You understand and agree to: eName will require you to submit domain registration material under the request of the domain name management institution. You should provide true, accurate and complete registration information, which includes but not limited to whois retained information. You also promise the authenticity, completeness and effectiveness of the verification material,and update it at all time. If you do not submit the verification material or the material you submit does meet the relevant requirements of domain name management institution, this will be 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 domain name in accordance with eName registration process. Any registrations which 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 name registration, you agree to abide the current and future modified policy, method, and regulation about domain name registration, dispute resolution, country law and regulations;

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

4.6 You understand and agree to: follow and perform domain name registrants' benefits and responsibilities after successful domain name registration, including but not limited to ICANN’s Registrants' Benefits and Responsibilities.

4.7 You understand and agree to: ask eName for invoice after successful domain registration at eName;

4.8 You understand and agree to: download the domain name certificate under domain name management page after successful domain registration at eName. You have the ownership of the domain name certificate while you own the domain name;

4.9 You understand and agree to :Whether the domain name is registered successfully or not is determined by the domain name itself and the application time, etc.. eName is only an agent that handles the registration process and doesn’t guarantee a successful domain name registration. Before confirming the successful registration of a domain name, User shall not claim to be the owner of the domain name, nor 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;

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

4.11 You can keep the domain name with eName or transfer it to other domain name registrars after successful registration. But it shall follow the relevant regulations of domain name registration management institution and eName;

4.12 You understand and agree to : If you use unverified information to register a domain name,after the domain name is registered successfully, you need to do a real-name verification according to the competent department instructions. If the domain name is suspended or terminated, canceled or determined not yours due to no real-name verification, eName, as the domain name registrar will not bear any responsibility;

4.13 You understand and agree to : pay all the required fees to eName on time. If you do not pay enough fee or provide required and qualified domain name registration material during required time, you will be considered to waiver the domain name . You shall bear all the responsibilities (which contain but not limited to the domain name registration be canceled by domain registration management institution);

4.14 You understand and agree to : Unless the domain name doesn’t pass the verification of registration management institution, otherwise you can’t request to delete the domain name and get the refund after registration under any reasons;

4.15 You understand and agree to : eName’s service duration is the purchased year limit both parties have confirmed. If you wish to continue to own the domain name and eName’s relevant service, you should renew the domain name before expiration date. Or authorize eName in written to renew. To authorize eName, you should guarantee your account has enough payment to renew according to eName public price 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 the service after expiration date and entitle to delete the domain name. The domain name will enter the redemption period since the day of deletion. During the redemption period, you can pay eName restore fee (For restore fee, please refer to eName’s public price standard) to restore the domain name if you still want to own this domain name . But eName will not guarantee a successful restore. If the domain name is not restored successfully, eName will refund the restore fee. eName will not bear any responsibilities. If the domain name is not restored during the redemption period, eName has the right to process the domain name

4.16 You understand and guarantee: The registered domain name will be terminated, deleted or canceled under the following conditions: eName will not bear any responsibilities.

4.16.1 Not pursuant to ICANN or CNNIC specifications or policy provisions, which leads to domain name termination, deletion or cancellation;

4.16.2 Under the premise of without violating the ICANN or CNNIC stipulations, to amend operation error during domain name registration caused by registration service institution or registration operation institution;

4.16.3 Request to terminate, delete or cancel domain name per the order of People’s Court, Arbitration Organization or Dispute Resolution Service Providers;

4.17 You understand and guarantee: not to use registered domain name to spread SPAM like unwanted email, advertisements etc; Not to use registered domain name to build bad websites which violate national policies and legislation and infringing others ' legal rights, etc.. eName has the right to suspend the domain name if you violate any of it. You are responsible for all the consequences arising therefrom;

4.18 You understand and agree: The services (including privacy protection, doamin name PUSH, display page, etc.given by eName are extra privilege. You must comply with national law, administrative rules and regulations, social public moral and computer and Internet profession standards when using those services, eName has the right to determine whether your use of the given services constitute a violation of the above and whether or not continue to provide these services to you according to its cautious judgment. All content of the given services take the term of validity of this agreement as a deadline;

4.19 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 violation of the following, eName reserves the right to retroactive liability and financial compensation to you:

4.19.1 Violate the basic principles set in the constitution;

4.19.2 Endanger national security, leak national secrets, subvert national power, undermine national unity;

4.19.3 Harm national honor and interests;

4.19.4 Incite ethnic hatred and discrimination, undermine national unity;

4.19.5 Undermine national religious policy, promote cults and superstitions;

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

4.19.7 Spread obscenity, pornography, gambling, violence, murder, terrorism or abet crimes;

4.19.8 Insult or slander others, harm others’ legitimate rights and interests;

4.19.9 Contain information of contents prohibited by laws and administrative regulations;

4.20 You understand and agree: eName has the right to promote content that you might be interested in, including but not limited to send you advertisements or service information;

5. eName's Rights and Obligations

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

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

5.3 For domain name registration disputes, as well as the following scenarios caused by domain name registration and management institution, eName does not bear any responsibilities:

5.3.1 When submitting 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 might be dismissed by domain name registration institution due to incomplete information, which causes 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 Not follow the instructions to fill in the registration application form, or fill in incorrect information, which causes delay in registration or domain name be registered by others;

5.3.6 Not submit domain name registration materials within the specified deadline;

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

5.3.8 Domain name registration failure caused by factors beyond eName’s predication and control;

5.3.9 All the responsibilities resulting from the cancellation of domain name registration due to policy changes of domain name registration institution , technology, etc.;

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 the specifications of domain name registration management institution ;

5.5 eName has the right to use your data and your information for legitimate goal;

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

5.6.1 Submit untrue, inaccurate, incomplete registration information or fail 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 Request to terminate, delete or cancel domain name per the order of domain name management institutions, court or 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 determine whether your conduct complies with the above conditions according to relevant regulations;

5.7 If you renew or authorize eName to renew the domain name, or eName receives your payment after the required time period. eName will still assist you to submit renewal to domain registration management institution. 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 protect the safety of the domain name, eName will add “clientTransferProhibited” and “clientDeleteProhibited” statuses to the domain name after successful registration. These statuses will be removed when you process to transfer out the domain name;

5.10 You understand and agree : If a domain name does not have resolution, eName has the right to automatically resolve the domain name to a designated page after registration. You have the right to cancel this automatic resolution setting any time during the validity of the domain name;

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

5.12 You understand and agree : 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;

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

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

5.15 You understand and agree : eName’s obligation is only limited to timely terminate relevant redirection of the domain name 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;

5.16 Due to business development need, eName reserves the rights to unilaterally change, suspend, limit, terminate all or part of the terms of service in this 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 : send the required payment to eName according to the price standard published by eName in the required time. And you also agree pay the applicable fee per the price standard at the time of renewal. The price standard is subject to “Domain Price” in the web page;

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

6.3 You understand and agree: After you accept this agreement, if the domain name is registered by others before eName receives your payment and pays to domain name management institutions, eName shall not take any responsibility;

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

6.5 You understand and agree : Fail to receive the payment notice from eName can't be used as an excuse or a explanation for your not to make timely payment or renew the domain name;

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

7. Cancellation,Suspension and Termination

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

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

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

7.4 You understand and agree: 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 policies under the domain name management institution , etc. eName will terminate the service according to the regulations, the decisions or notifications made by relevant institution;

7.5.5 Domain name management institution terminates 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, conceal, or by illegal methods;

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 services according to “current situation”. eName expressly disclaims 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 : In the course of using this service, you may encounter force majeure and other risk factors, which will interrupt the 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, storm and social events such as war, unrest, government behavior, etc. When the above conditions happen, eName will try to coordinate with the relevant organizations immediately and to recover it 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 uses this service via ways not authorized by eName;

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

8.4 You understand and agree: 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 services 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 users’ behavior;

8.5 You understand and agree : This agreement is not designed for some specific purposes, 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 bear legal responsibility;

8.6 Pursuant to this agreement, eName has the right to deal with illegal contents. This 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 is signed at 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  name 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 meanings and can not be used as the basis of the interpretation of this agreement;

9.5 No matter what reasons leads to part of the clauses of this Agreement be invalid or 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 necessary assistance;

11. Supplementary Provisions

      This agreement contains the above provisions and all kinds of rules that have been published or will be published in the future by eName . 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 promised to abide all kinds of laws and regulations of People's Republic of China. For any legal consequences caused by any violations, you shall bear the corresponding legal responsibility independently in your own name.

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