This
agreement constitutes a binding contract between Zname.com and you, the user
(“You” or “User”). Before using the domain name backorder and auction service
provided by Zname.com (“Service”), please read carefully and fully understand
the terms and conditions of this Agreement. In case of any objection or
incomprehension of this Agreement, please do not proceed. Otherwise, by using
our Service, you hereby accept this Service Agreement in full.
1.
Definition
1.1
"Domain name reservation" refers to the preemptive registration of a
domain to be deleted. According to the rules of the registry, when the
registered domain expires and the domain owner fails to renew, the registry
will delete the domain after a period of time. The domain can be re-registered
after it is deleted.
Zname.com
provides a reservation service that allows users to subscribe to a domain until
the domain is deleted by the registry. Once deleted, Zname.com will
automatically submit a registration request to the registry, and the success
rate of automatic registration submitted by the system is much higher than that
of manual registration on a first come first served basis. No auction is needed
after subscription. You will get the ownership of the domain once the backorder
succeeds.
1.2
"Zname.com" refers to the platform that provides users with the
system, technical and service support to backorder domains.
1.3
"User" refers to the Zname.com members who backorder domains through
Zname.com platform, including individuals (natural persons, sole
proprietorships, individual partnerships and individual businesses, etc.) and
entities (government offices, corporate partnerships, institutions, social
organizations, etc.).
2.
Service Description
2.1
Zname.com provides users with technical and service support for domain
backorder. Zname.com reserves the right to define the scope of domain backorder
service provided to users, such as to add, delete, update, adjust or cancel
this service according to the company's business.
2.2
Domain Name Reservation
2.2.1
The User makes a reservation through the domain backorder system provided by
Zname.com and completes the reservation by paying the deposit.
2.2.2
When a domain is deleted by the registry, Zname.com will automatically submit a
registration request to the registry to help the user complete the
registration. You understand and agree that a successful reservation does not
guarantee the success of the backorder. If the backorder fails, the relevant
funds will be returned to User's account.
2.2.3
Deadline for domain backorder: 24:00 (UTC+8) on the day the domain is deleted.
Please make your reservation before 23:00 (UTC+8) if possible, otherwise we
cannot guarantee the success of the submission in external platforms.
2.3
Auction
Once
the backorder succeeds, the domain will go to your account on the same day
after verification. Only a few domains will enter the auction process. For
these domains, you need to wait for about 3 days without placing any bid.
2.4
Payment
The
winner of the auction needs to pay within 3 days. If the User fails to complete
the payment during such time period, fees will be deducted from User’s account
balance, followed by the domain name delivery process. If payment fails due to
insufficient balance, this will constitute a breach of the Agreement, which is
not allowed by Zname.com.
2.4.1
In case of any breach of the Agreement, Zname.com will freeze your account and
all the domains under it. You need to contact the customer service on Zname.com
within three days, otherwise all the domains under your account will be handled
by Zname.com and the deducted fees are not refundable.
2.4.2
The use of backordered domains must comply with applicable laws and shall not
be in bad faith. Once found, the domain and account will be blocked and the
fees are not refundable.
2.5
Domain Name Delivery
2.5.1
Once the auction is over, the domain will enter the delivery process, which
takes 1-2 business days after successful payment.
2.5.2
You understand and agree that in order to facilitate the delivery, a temporary
template provided by Zname.com will be used. Upon delivery, you shall modify
the domain contact information to ensure the authenticity and accuracy.
2.5.3
You understand and agree that domains using the temporary template are not
available for PUSH, transfer or DNS modification.
3.
Rights and Obligations of Users
3.1
You hereby understand and warrant that:
3.1.1
Your use of the Service means you have carefully read and fully understood the
terms and conditions of this Agreement and domain backorder rules published on
Zname.com. Zname.com does not accept incomplete understanding or
misinterpretation of the foregoing rules as reasons for any violation or
breach.
3.1.2
You shall be solely responsible for the authenticity and accuracy of the
information you provide to Zname.com and any error caused by you, whether
intended or not.
3.1.3
The description of the domain displayed on Zname.com is for reference only. It
does not serve as the basis for domain evaluation. Your use of such reference
is at your own discretion.
3.1.4
Under no circumstances should Users trust online information related to assets
including but not limited to loans and passwords. You have the responsibility
to verify the identity of the other party prior to any transaction involving
assets.
3.1.5
You understand and agree that in case of any fraud, infringement or violation
of this Agreement or applicable laws in the process of domain name backorder
and auction, Zname.com reserves the right, in its absolute and sole discretion,
to terminate this Service and take necessary actions, including but not limited
to removing the domain listing, locking the domain, prohibiting domain info
modification and transfer, and nullifying the domain transaction.
3.1.6
You shall provide correct, accurate and current contact information to
Zname.com and be responsible for any consequence caused by inaccurate contact
information. You agree that, in case of any dispute or claim arising out of a
domain transaction, Zname.com reserves the right to disclose your information
to the other party with whom the transaction was entered into for the purpose
of resolving such dispute or claim.
3.1.7
You shall not use the transaction rules of Zname.com to conduct any illegal
activities, including but not limited to credit card cashing and money
laundering. The funds paid by you for the purchase of domains should be gained
legitimately. You shall be solely responsible for any consequence caused by
illegal funds
3.1.8
You understand and agree that if Zname.com or other third parties, including
but not limited to government agencies, authorities, courts and registries
determines that there is a violation or illegal use of certain domains,
Zname.com reserves the right, in its absolute and sole discretion, to terminate
this Service and take necessary actions, including but not limited to removing
the domain listing, locking the domain, prohibiting domain info modification
and transfer, and nullifying the domain transaction.
3.1.9
You understand and agree that Zname.com reserves the right, in its absolute and
sole discretion, to take such actions as temporarily freezing or permanently
block the transaction function, blacklisting, and restricting the overall
operation of the account against the user who maliciously disrupts the trading
market.
4.
Rights and Obligations of Zname.com
4.1
Zname.com hereby warrant:
4.1.1
Zname.com will provide necessary technical and management support to ensure
that the operation of the domain name registration system runs smoothly .
4.1.2
Zname.com will take security and confidentiality measures to protect all data
and information involving business secrets or personal information of Users.
Without the consent of the parties to the transaction, it shall not disclose,
transfer, use or sell to any third party the parties concerned, transaction
records and other data involving business secrets or personal information,
except as otherwise provided by laws, administrative regulations and the terms
of this Agreement.
4.2
You understand and agree that:
4.2.1
Zname.com reserves the right to terminate or nullify the transaction and take
necessary actions when it considers the transaction to be abnormal in its
absolute and sole discretion.
4.2.2
In case of any violation during the process of domain name backorder and
auction, Zname.com reserves the right to consider such violation as the breach
of contract and take actions accordingly.
4.3
Zname.com reserves the right to notify the User in advance, within a reasonable
period of time, of any matters related to the domain name backorder and auction
by means of a notice on its website. The User shall be deemed to have been
notified as soon as the notice is published.
5.
Cost of Services
5.1
You agree that Zname.com will announce the charging standards, payment options
and promotions on its website (www.zname.com), and reserves the right to make
adjustments according to its business and market changes.
5.2
In case of any objection to the charging standards and settlement fees
specified by Zname.com, you shall promptly notify Zname.com in written form and
stop using the Service provided by Zname.com. Otherwise, by using our Service,
you hereby accept any notice of our charge standards and settlement fees. Any
expense will be settled and paid according to such notices announced by
Zname.com.
5.3
You agree that Zname.com reserves the right to exempt from litigation or
arbitration for any dispute arising from the adjustment of charging standards,
except as expressly provided by law.
6.
Force Majeure and Liability
6.1
You understand and agree that the Service may be interrupted by force majeure,
accidents and other risk factors in the course of using the Service.
6.1.1
"Force Majeure" refers to the objective events that are
unforeseeable, insurmountable and unavoidable which have a significant impact
on one party or both parties, including but not limited to government acts,
natural disasters, epidemics, wars, strikes, hacker attacks, computer viruses
(such as Trojan horses and worms), technical adjustments of telecommunication
departments. In the event of any of the above circumstances, Zname.com will
endeavor to cooperate with the relevant units for fixes in a timely manner.
Zname.com shall be exempted from liability for the losses caused to users
within the scope permitted by law;
6.1.2
In case of unexpected events such as disconnection and attack, Zname.com
reserves the right to make corresponding adjustments to the content and mode of
the service. Zname.com shall not be liable for any loss caused to the user.
6.2
To the extent permitted by law, Zname.com shall not be liable for any
interruption or disruption of the Service caused by:
(i)
computer viruses, Trojans or other malicious programs, hacker attacks;
(ii)
failure of the user's computer or Zname.com’s software, system, hardware and
communication lines;
(iii)
improper operation of the user;
(iv)
user using the Service in a manner not authorized by Zname.com;
(v)
other circumstances beyond Zname.com's control or reasonably foreseeable.
6.3
You understand and agree that in the process of using this Service, you may
encounter network information or risks caused by the behavior of other users.
Zname.com shall not be responsible for the authenticity, applicability and
legality of such information or behavior, nor shall it be responsible for
damages caused to users due to infringement or disputes over domain names.
These risks include, but are not limited to:
(i)
anonymous or pseudonymous information containing threats, defamation, etc.;
(ii)
any psychological, physical suffering or economic loss caused by misleading,
cheating or other behaviors of others due to the use of the Service under this
Agreement;
(iii)
ownership and transfer disputes involved in the domain itself;
(iv)
other risks caused by network information or the behavior of other users.
7.
Dispute Resolution
All
disputes related to this Service shall be settled by both parties through
friendly negotiation.
8.
Miscellaneous
8.1
In case of any inconsistency or conflict between the terms or agreements and
the ones previously signed by You and Zname.com, this Agreement shall prevail.
8.2
This Agreement includes the terms and conditions set forth above, as well as
any rules that Zname.com has published or may publish in the future. All rules
are an integral part of this Agreement and have the same legal effect. By using
the Service, you have read, understood and accept all the terms and conditions
of this Agreement and agree to abide by the applicable laws and regulations.
You shall be solely responsible for any liabilities caused by any violation of
the above Agreement, laws and regulations.