REGISTRAR-REGISTRANT AGREEMENT
This Registrar-Registrant Agreement (hereinafter referred to as the "Domain Management Terms" or this "Agreement") sets forth the terms and conditions of your use of the domain name registration services and any related services made available through China Springboard Inc. under the brand name NameRich . By ordering any Services hereunder, you (hereinafter "you" or "Customer") agree to be bound by the terms set forth in the Domain Management Terms and any Attachments hereto.
1. DEFINITIONS
"Fees" shall mean the prices for the Services as agreed between the parties.
"Third-Party Costs" shall mean any costs in addition to Fees required to facilitate a domain transaction, such as costs imposed by a foreign locality for the right to do business in such locality, ownership change, or trademark registration.
"ccTLD" shall mean any country code top level domains (e.g., .cn).
"Portal" shall mean the domain name management system provided by China Springboard at www.namerich.com which allows Customer to order and manage domain names.
"Automated Domains" shall mean those domains in which their respective Registry Operators have fully automated systems functions (e.g., .cn), which allows China Springboard Portal to perform certain real-time management of domain names.
"Services" shall mean any of the Services offered through the Portal, including, registration, transfers, modifications, domain name management services, or other services requested by Customer and provided by China Springboard.
"Estimate" shall mean the response to any Order submitted by a Customer in writing, through the Portal or through electronic mail.
"Registry Operators" shall mean the authorized operators of a top-level domain (TLD) (e.g., CNNIC for .the cn TLD).
"Transfer" shall mean the service of changing the registrar of record for a domain to China Springboard as the registrar for ccTLDs, or to change any of the contact information associated with a ccTLD to cause the affected domain name to be managed by China Springboard.
"Modifiable Domain" shall mean a domain name that can be modified at the Registry in that such domain is in compliance with Registry requirements, is paid for, does not need ownership changes, or other material changes prior to, or required to facilitate a odification.
"Domain Modification" shall mean any changes to name servers (DNS) or contacts excluding domain owner (Registrant) of a Modifiable Domain.
"Order" shall mean any request for Services or any request for an Estimate submitted by a Customer to China Springboard.
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"Primary User" shall mean the person as identified within the Portal as having the master username and password.
"Sub-User" shall mean the person or persons setup within the Portal as having unique permissions as designated by the Primary User.
"Affiliate" for purposes of this Agreement, shall include any entity that, directly or indirectly, controls, is controlled by or is under common control with Customer.
2. SERVICES
ccTLDs. If you request Services related to any ccTLDs you agree to be bound by all of the additional terms, rules and regulations of each ccTLD Registry Operator or registrar utilized, which may change from time to time, including any dispute resolution policies adopted by such Registry Operators. Rules and regulations for each Registry Operator may be found on their respective websites at the URL specified on Attachment B hereto. In response to an Order for ccTLD Services, China Springboard will inform the Customer of the information required by the ccTLD Registry Operators within one (1) business day of receipt. Customer is responsible for promptly gathering the information required by each ccTLD Registry Operator and for providing such information to China Springboard in the manner requested. Certain ccTLD Registry Operators may require certain items such as letters, corporate Identification numbers, or other documents to be submitted either by China Springboard or submitted directly from Customer. Customer may request administrative and technical contacts including name servers to be changed at time of initial transfer for no additional fee. Third-Party Costs are not included in the registration or transfer fee and will be quoted separately for each domain name.
No Guarantee of Registration or Renewal. You acknowledge and agree that CHINA SPRINGBOARD cannot guarantee that you will be able to register, transfer or renew a desired domain name, even if an inquiry indicates that domain name is available, since CHINA SPRINGBOARD cannot know with certainty whether the requested domain name is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You also acknowledge and agree that CHINA SPRINGBOARD is not liable or responsible in any way for any errors, omissions or any other actions by any Registry Operator or registrar arising out of or related to your application for and registration of, renewal of, transfer of or failure to register, transfer or renew a particular domain name. You further acknowledge and agree that CHINA SPRINGBOARD may reject an application for registration or renewal if such request is for a registration or renewal of a prohibited domain name or if such registration or renewal will, in fact infringe someone else's rights. You also acknowledge and agree that CHINA SPRINGBOARD is not liable or responsible in any way for any errors, omissions or any other actions by any Registry Operator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name.
Your Representations. By applying to register a domain name, or by asking CHINA SPRINGBOARD to maintain, transfer or renew a domain name registration, you hereby represent and warrant to us that, to the best of your knowledge: (a) the statements that you made in connection with such registration, transfer, maintenance, or renewal are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; (d) you will not knowingly use the domain name in violation of any applicable laws or regulations, and (e) that you are the rightful owner of any domain names for which you request a transfer to CHINA SPRINGBOARD. You agree and acknowledge that it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name infringe or violate someone else's rights.
Domain Name Registrant. CHINA SPRINGBOARD considers the entity named as the Registrant for the domain name at the time of initial registration with CHINA SPRINGBOARD as the entity that controls the domain name.
User Name and Password. The first time you apply to use CHINA SPRINGBOARD Portal, you will be assigned a username and password. That username and password are the means through which you access to certain of the Services. You acknowledge and agree that in no event will CHINA SPRINGBOARD be liable for the unauthorized use or misuse of your User name or password. You are solely responsible for maintaining the confidentiality of your username and password and for any unauthorized activities, charges and/or liabilities made on or through your login name until we receive notification of any unauthorized use of your username or passwords.
Renewals and Deletions. The Portal is designed to notify the Primary User contact as identified in the Portal for a domain name at least ninety (90) days before a domain renewal fee is due. CHINA SPRINGBOARD shall update the Portal to automatically renew gTLDs thirty (30) days prior to expiration and ccTLDs under management sixty (60) days prior to expiration. Unless you instruct CHINA SPRINGBOARD otherwise by deactivating your auto-renew status through the Portal for gTLDs prior to thirty (30) days from expiration and prior to sixty (60) days from the expiration date for any ccTLDs managed by CHINA SPRINGBOARD, CHINA SPRINGBOARD will assume that the Customer desires to have the expiring domain name renewed. We will bill your account, as appropriate, the following month in accordance with the payment terms described in Section 4. The renewed domains will go into 30 days “Renewal Grace Period” during which You may reimburse CHINA SPRINGBOARD for the renewal and keep Your domain name. If You do not reimburse CHINA SPRINGBOARD for the renewal during the Renewal Grace Period Your domain name will be placed on Hold and flagged for deletion after which You will have a 30-day redemption period during which You may pay CHINA SPRINGBOARD a Redemption fee and redeem Your domain name. If You do not redeem Your domain name prior to the end of the 30-day redemption period CHINA SPRINGBOARD may, at its sole discretion, delete Your domain name. Renewal Grace Periods and Redemption Grace Periods vary for different ccTLDs. Please refer to the specific terms for the applicable ccTLD
Transfers. If you will be transferring domains to CHINA SPRINGBOARD currently registered with another registrar, you understand that there may be certain confirmations and procedures required by the transferring registrar in order to complete the transfer process, such as responding to e-mails acknowledging the transfer request. You agree to promptly cooperate with such procedures and you acknowledge that any delays in your compliance with the applicable procedures may delay the effective date of such transfer to CHINA SPRINGBOARD. You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with CHINA SPRINGBOARD. Customer understands that CHINA SPRINGBOARD is only responsible for the submission of the registrar transfer request to the Registry and the adding of the domain name to CHINA SPRINGBOARD registrar database upon a successful transfer. CHINA SPRINGBOARD is not responsible for any action required by the previous registrar or by the customer to either facilitate the transfer or expedite it. Transfers may take from one day to several days depending on the processes of the current registrar. Due to the time constraints involved, CHINA SPRINGBOARD does not recommend that a Customer request a registrar transfer within thirty (30) days of the expiration date of the affected domain name. Customer understands that transferring of a domain not owned by the Customer results in CHINA SPRINGBOARD performing customer service functions and often paying the previous registrar to transfer the domain back on behalf of the rightful owner. Customer agrees to pay a transfer reversal Fee of $120.00 for any registrar transfer affecting a domain name for which the Customer is not the valid owner excluding any transfers effected by CHINA SPRINGBOARD in error.
Registrant Transfers. You agree that if you initiate a transfer of registrant request through CHINA SPRINGBOARD, CHINA SPRINGBOARD is authorized to process such request without requiring you to provide any notarized statements or other proof of ownership of the affected domain name or otherwise confirming such transaction with the registrant of record. In submitting each such request, you represent and warrant that: (a) you are the rightful owner of the domain name affected by the request, (b) the change of registrant of the affected domain name will not infringe upon or otherwise violate the rights of any third party; (c) the request is not submitted for an unlawful purpose; (d) you will not knowingly use the affected domain name in violation of any applicable laws or regulations; and (e) before any such request is submitted through CHINA SPRINGBOARD, you have received verification from both parties to the transfer that such transfer has been duly authorized and approved. CHINA SPRINGBOARD assumes no liability with respect to any such transfers.? After advance notice to you, CHINA SPRINGBOARD may reverse a registrant transfer request or suspend, transfer or cancel a domain name affected by such request for any reason, including, without limitation, if CHINA SPRINGBOARD has reason to believe that a registrant transfer was consummated in error or in violation of the rights of a third party. Customer agrees to pay a transfer reversal Fee of $120.00 for any domain registrant transfer affecting a domain name for which the Customer is not the valid owner excluding any transfers effected by CHINA SPRINGBOARD in error.
Domain Modifications Through the Portal, Customer may perform all Domain Modifications affecting Automated Domains at no charge. Customer agrees that in instances where the Registry Operator charges a modification fee to CHINA SPRINGBOARD, Customer will reimburse CHINA SPRINGBOARD for all fees and out of pocket expenses incurred in the course of effectuating the modification on behalf of Customer.
Suspension, Cancellation, Transfer or Modification. CHINA SPRINGBOARD may suspend, cancel, transfer or modify your domain name registration upon sixty (60) days advance notice to you if (a) you materially breach this Agreement and do not cure such breach within sixty (60) calendar days of notice by CHINA SPRINGBOARD, (b) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or (c) you use your domain name in connection with unlawful activity. You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the CNDRP, (ii) any ICANN adopted policy, (iii) any Registrar (including CHINA SPRINGBOARD) or Registry Operator procedures, (iv) to correct mistakes by CHINA SPRINGBOARD or the Registry Operator in registering the name (v) for the resolution of disputes concerning the registered domain name, or (vi) any applicable policy adopted by any ccTLD Registry Operator. You also agree that CHINA SPRINGBOARD shall have the right to suspend, cancel, transfer or otherwise modify your domain name registration at such time as CHINA SPRINGBOARD receives (i) a properly authenticated notification from a court of competent jurisdiction, or (ii) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration. If CHINA SPRINGBOARD is aware of or becomes aware of any pending suspension, cancellation, transfer or modification of your domain name, CHINA SPRINGBOARD will provide notice of such to you immediately.
3. ORDERS
Customer agrees that any verbal, written or electronic requests for services, such as registration, renewal or Transfer submitted to CHINA SPRINGBOARD, are subject to all of the terms and conditions of these Domain Management Terms. Orders for Services may be placed by Primary User or any Sub-User with such permission in the Portal through the Portal, by e-mail, or telecopy. CHINA SPRINGBOARD may accept an Order through any of the following means: (i) entering the Order or domain name into the Customer's Portal account, or (ii) issuance of an Estimate describing the specific terms and conditions applicable to the Services ordered. In the event an Estimate is issued, Customer agrees to sign and return the Estimate in the manner specified therein. Customer's failure to sign the Estimate may result in CHINA SPRINGBOARD canceling the Order. Once accepted, no Orders may be cancelled by Customer unless such order is not fulfilled in thirty (30) days. Customer acknowledges that Services which are unfulfilled for more than six months due to a failure of Customer to provide requested information and or documentation will be considered closed by CHINA SPRINGBOARD and require the Customer to submit another Order to reinstate the Services affected.
4. PAYMENT
Your domain name application, renewal application, or registrar transfer request will not be submitted to the applicable Registry Operator unless we receive actual payment of the registration, renewal, or transfer fee. CHINA SPRINGBOARD shall submit invoices to Customer to the billing contact or contacts as listed in the Portal either at the beginning of each calendar month or beginning of each calendar quarter based on the Customer??s preference, which shall reference the Fees associated with all Orders and recurring Services accepted by CHINA SPRINGBOARD during the prior month or quarter. All invoices are due and payable by Customer within thirty (30) days of the invoice date or in accordance with any other payment terms contained in an Estimate.
The Customer shall not, under any circumstances, receive any credits or refunds in connection with any Services which have been paid in full, including, without limitation, any a) fraudulent registration, b) registration in bad faith, c) loss of a domain dispute via the Uniform Domain Name Dispute Resolution Policy or legal action taken by a third party, c) reversal decision by the Registry, d) cancellation by CHINA SPRINGBOARD due to Customer spamming, or other violations of this agreement by Customer, e) closed Services, f) cancellation for any reason by Customer, or g) inability on the part of any Registry Operator or registrar to deliver or otherwise complete the Services requested.
5. TERM AND TERMINATION
The term of this Agreement will commence on the Effective Date and shall continue during the period in which the Customer receives any Services hereunder. Any termination of this Agreement shall not relieve Customer of any obligations to pay undisputed Fees and undisputed Third-Party Costs accrued prior to the termination date and any other undisputed amounts owed by Customer to CHINA SPRINGBOARD as provided in this Agreement. Upon termination of this Agreement, CHINA SPRINGBOARD will have no obligation to pay renewal Fees beyond that which was pre-paid by Customer. It is Customer's responsibility to modify billing contacts of domain names in order to receive renewal notices directly. CHINA SPRINGBOARD is not responsible to file, forward, or in anyway administer renewal notices beyond that which CHINA SPRINGBOARD has received applicable undisputed Fees for by Customer. The terms set forth in Sections 2.1-2.6, 2.9-2.12, 4, and 5 ?C 10 shall survive the cancellation, termination or expiration of this Agreement. In the event CHINA SPRINGBOARD terminates this Agreement, CHINA SPRINGBOARD agrees that Customer shall have a reasonable period of time, no less than 60 days, as is necessary to implement replacement products or services before being required to return, delete, destroy or otherwise cease its use of the products or services (hereinafter the Transition Period).
6. DOMAIN NAME REGISTRATION INFORMATION AND ITS USE
You hereby acknowledge and agree that, in connection with your use of certain of CHINA SPRINGBOARD Services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. The information you are obligated to provide and keep current in connection with your use of CHINA SPRINGBOARD domain name registration, administration, and renewal services is the following:
• Your full name (or the name of the authorized person for contact purposes, if registration is for an organization, corporation or association), postal address, email address, voice telephone number,
• and fax number, if available (or if different, that of the domain name holder);
• The domain name being registered; and
• The name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact, technical contact and billing contact for the domain name registration.
You acknowledge and agree that when you renew a domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, the registration may not be renewed. In addition to the information you provide, we maintain records relating to any domain name application received by CHINA SPRINGBOARD, as well as any domain name registered through, administered, or renewed by CHINA SPRINGBOARD. We also maintain records relating to other services that we provide to you. These records may include, but are not limited to:
• The original creation date of a domain name registration, renewal, or request for service;
• The submission date and time of a registration or renewal application to us and
• by us to the proper registry;
• Communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us;
• Records of your account, including dates and amounts of all payments and refunds;
• The IP addresses of the primary name server and any secondary name servers for the domain name;
• The corresponding names of those name servers;
• The name, postal address, email address, voice telephone number, and where available, fax number of the zone contact for a domain name;
• The expiration date of a domain name registration; and,
• Information regarding all other activity between you and us regarding your use of the Services. You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be sufficient basis for cancellation of your domain name registration.
You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to inquiries by CHINA SPRINGBOARD concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
CHINA SPRINGBOARD will act in good faith and use all reasonable efforts to contact you during the aforementioned fifteen (15) day period, including e-mail, regular U.S. Mail, fax, and telephone. You acknowledge and agree that CHINA SPRINGBOARD may make available information you provide or that we otherwise maintain to such third parties as applicable laws require. You further acknowledge and agree that CHINA SPRINGBOARD may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service or BulkWhois requirements specified by ICANN) as required
by applicable laws. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name or use of any Services (including any updates to such information).
We agree that we will maintain and enforce safety and physical security procedures with respect to our access and maintenance of your confidential information that are (a) at least equal to industry standards for such types of locations but in no event less than our own safety and physical security procedures, and (b) which provide reasonably appropriate technical and organizational safeguards against accidental or unlawful destruction, loss, alteration, or unauthorized disclosure or access of your confidential information. Without limiting the generality of the foregoing, CHINA SPRINGBOARD will take all reasonable measures to secure and defend its location and equipment against ??hackers?? and others who may seek, without authorization, to modify or access CHINA SPRINGBOARD systems or the information found therein. CHINA SPRINGBOARD will periodically test its systems for potential areas where security could be breached. CHINA SPRINGBOARD will immediately report to you any breaches of security or unauthorized access to your systems that CHINA SPRINGBOARD detects or becomes aware of. CHINA SPRINGBOARD will use diligent efforts to remedy such breach of security or unauthorized access in a timely manner and deliver to Customer a root cause assessment and future incident mitigation plan with regard to any breach of security or unauthorized access affecting your confidential information.
You acknowledge and agree that CHINA SPRINGBOARD owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name and other proprietary information databases
7. AGENTS AND LICENSES
You agree that, if you are using the Services for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy. You accept liability for harm caused by wrongful use of the Services. You agree that if you license the use of a domain name registered in your name to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. As further required by ICANN, you shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm. In the event that (i) in applying for the registration of a domain name you are providing information about a third party, or (ii) you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. Customer agrees that as long as CHINA SPRINGBOARD is currently providing Services to Customer, that Customer will allow CHINA SPRINGBOARD to list Customer's company name, in text format only, on its client list currently located on its website.
8. LIMITED WARRANTY
CHINA SPRINGBOARD warrants that the services will be performed in a professional and workmanlike manner and the products hereunder will perform substantially in accordance with the requirements of this agreement and, solely to the extent not inconsistent, the documentation for the term of the agreement (the ??Warranty Period??). Customer shall provide written notice of any warranty failure to CHINA SPRINGBOARD.
CHINA SPRINGBOARD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CHINA SPRINGBOARD MAKES NO REPRESENTATIONS OR WARRANTIES THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE CUSTOMER EITHER FROM CHALLENGES TO ITS DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO CUSTOMER.
EXCEPT FOR BREACH OF CONFIDENTIALITY, INSURED CLAIMS, AND THE PARTIES?? RESPECTIVE EXPRESS INDEMNITY OBLIGATIONS, NO PARTY TO THIS AGREEMENT WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ANY PARTY??S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE SERVICES. BECAUSE SOME LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE PARTIES?? LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Parties You agree to defend, indemnify and hold harmless each other and/or any Registry Operator (including, but not limited to any parents, subsidiaries, shareholders, members, officers, directors, employees, affiliates, agents and subcontractors of the Parties) from any third party claim, action or demand, resulting in loss, damages or costs (including reasonable attorney's fees and expenses) due to, arising out of or related to: (i) Customer's use of the Services, (ii) Customer's application for and registration of, or failure to register or renew, a particular domain name; (iii) Customer's use of any domain name registered in Customer's name; (iv) any disputes involving the intellectual property rights of others; (v) processing any registrant transfers in accordance with this Agreement; and (vi) Customer's use of any domain name affected by any transfer of registrant request. This indemnification is in addition to any indemnification required under the CNDRP or any similar policy.
9. CONDUCT
You may access and use the Services for lawful purposes only and you are solely responsible for the knowledge and adherence to any and all laws, statutes, rules and regulations pertaining to your use of the Services.? You agree that you will not (i) use the Services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local state, Federal or international law or regulation; (ii) upload or otherwise transmit any content that you do not have a right to transmit under any law or contractual or fiduciary duty; (iii) knowingly interfere or infringe with any trademark or proprietary rights of any other party; (iv) interfere with the ability of other users to access or use the Services; (v) claim a relationship with or to speak for any individual, business, association, institution or other organization for which you are not authorized to claim such a relationship; (vi) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or (vii) reproduce, duplicate, copy, use, distribute, sell, resell or otherwise exploit for any commercial purposes any portion of
the Services.
10. GENERAL
You acknowledge that the Internet, domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that CHINA SPRINGBOARD may modify or amend this Agreement, as well as any additional rules or policies that are or may be published by CHINA SPRINGBOARD, by notice to you through any means (including, without limitation, through e-mail or through posting the revised terms on CHINA SPRINGBOARD's website), as necessary to comply with any other agreements that CHINA SPRINGBOARD is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of any domain name registered through CHINA SPRINGBOARD shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by CHINA SPRINGBOARD, each with the new modifications. If you do not agree to any of such changes, you may request that your domain name registration be cancelled or transferred to a different domain name registrar. Except as otherwise set forth in the CNDRP or any similar policy with respect to any dispute over your domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Peoples Republic of China, as if the Agreement was a contract wholly entered into and wholly performed within the Peoples Republic of China. You agree and acknowledge that any acceptance of your application for the Services and the performance thereof will occur at our offices in Beijing, China, the location of our principal place of business. Except as otherwise set forth in the CNDRP or any similar policy with respect to any dispute over your domain name registration, any action to enforce this Agreement or any matter relating to your use of the CHINA SPRINGBOARD site shall be brought exclusively in the Chinese Court System. Notwithstanding the foregoing, for the adjudication of disputes concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder's domicile, and (b) where CHINA SPRINGBOARD's headquarters are located, currently Beijing, Peoples Republic of China.
These Domain Management Terms, the Exhibits hereto, as well as any additional rules and policies adopted by CHINA SPRINGBOARD from time to time, constitute the complete and exclusive agreement between you and CHINA SPRINGBOARD concerning your use of the Services, and supersede and govern all prior proposals, agreements, or other communications; provided, however, if you have executed a written agreement with CHINA SPRINGBOARD with respect to the Services, such written agreement shall govern your use of the Services, subject to any additional terms that may be contained in the Exhibits hereto and or any CHINA SPRINGBOARD polices adopted from time to time. All notices shall be made in writing and shall be sent by mail or telecopy to the addresses set forth on the signature page of this Agreement. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. CHINA SPRINGBOARD will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of CHINA SPRINGBOARD as reflected in the original provision.