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Domain Name Service Agreement

Updated Time:2023-01-05  Views:123209

This domain Name Service Agreement sets forth the terms and conditions applicable to your purchase and use of the domain name registration, backorder, management, renewal, redemption and any other related services provided by GATHER NAMES LIMITED offered or made available through the website currently located at the URL:www.gathernames.com. This document is a legally binding agreement between you (the "registrant") as the purchaser and/or user of the services and the GATHER NAMES LIMITED.

1.YOU AGREE TO THIS AGREEMENT
By using the services, you agree to all terms and conditions of this Agreement, the Uniform Domain Name Dispute Resolution Policy ("UDRP") or the Uniform Rapid Suspension Policy ("URS"), and any rules, policies, or agreements published in association with specific Services and/or which may be adopted or enforced by the Internet Corporation for Assigned Names and Numbers ("ICANN"), as well as Privacy Policy, Membership Agreement and Whois Data Policies, including the policies of relevant registries, and governments.

2.DOMAIN NAME REGISTRATION
2.1 All applications for the registration of a domain name shall be made in the form and manner as may be prescribed from time to time by GATHER NAMES LIMITED, and you undertake to select the domain category in accordance with the selection criteria prescribed by the Registrar in respect of the subject domain name. You are wholly responsible for the information you submit to GATHER NAMES LIMITED in connection with the domain name registration, and to inform GATHER NAMES LIMITED of any changes or amendments to the same in a prompt and timely manner, and in any case within seven (7) days of such change. You shall ensure that current and valid addresses for one or more contacts responsible for and knowledgeable about the domain name and its operation are provided to GATHER NAMES LIMITED and updated from time to time as may be necessary, and undertake to furnish such further information in relation to the domain name registration as may be requested by GATHER NAMES LIMITED from time to time, including documentary proof that you qualify to have the domain name registered in the domain category selected by you.
2.2 No domain name registrations that you seek to register will be effective until (i) we have delivered the domain name registration information provided by you to us via the GATHER NAMES LIMITED Platform to the relevant registry administrator; (ii) you have made payment of the applicable fees and GATHER NAMES LIMITED has accepted your registration request following receipt of such payment; (iii) the relevant registry administrator puts into effect your domain name registration; (iv) we have informed you that the domain name registration is activated from the date as may be specified by GATHER NAMES LIMITED.
2.3 You agree and acknowledge that (i) domain names are registered on a first-come-first-served basis, and that the domain name of your choice may not necessarily be available for registration;  (ii) your domain name registration application is based on the registration status and query results in the domain name database of the the domain name authority at the time, but the absence of any conflict in the query does not necessarily mean that the domain name will be successfully registered; (iii) you warrants that the domain name applied for registration does not infringe the lawful rights of GATHER NAMES LIMITED or any third party, including but limited to the trademark right, copyright and other intellectual property rights of others, and you shall solely bear all responsibilities if any violation; (iv) domain names are successfully registered which entitles you to use within the corresponding registration period under regulations and policies of ICANN, Versign and other relevant domain Registrar; (v) if you are found to be in violation of this Agreement or other relevant agreements and policies, GATHER NAMES LIMITED has the right to disable the domain name or cancel the domain name registration in other ways without prior notice to you due to compliance with ICANN policies, applicable laws or court orders, and/or other security reasons; (vi) GATHER NAMES LIMITED is not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator, including those arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration. 

3.PRE-REGISTRATION SERVICE & DOMAIN BACKORDER SERVICE
You may place a backorder/pre-registration request for certain domain names using backorder/pre-registration service. For each domain name you place a backorder/pre-registration request for, we will make reasonable attempts to acquire such domain name on your behalf. We do not guarantee your backorder/pre-registration request will result in you obtaining the domain name and expressly reserve the right to refuse additional backorder/pre-registration requests or cancel existing backorder/pre-registration request at any time for any reason. If we refuse or cancel your backorder/pre-registration request, we will promptly refund any fees paid for the backorder/pre-registration request in the form of account credit or, at our option, alipay. By placing a backorder/pre-registration request, you agree to the following additional terms: (i) if you fail to make timely payment for the secured domain name(s), we may restrict your login to your account, and reserve the right to delete the domain name(s) in your account and provide it to the public for registration. We will, at our sole discretion, provide the domain name(s) to a third party for purchase, or be responsible for the registration of the domain name(s). At the same time, the fees you have paid will not be refunded. If the above situation occurs repeatedly, GATHER NAMES LIMITED reserves the right to suspend the user's use of personal accounts or any GATHER NAMES LIMITED service; (ii) using our backorder/pre-registration service may result in your domain name having a different registrar of record than us. By using our backorder/pre-registration service you acknowledge, understand and agree that you are bound by the materially similar registration agreement of the registrar of record, whoever that registrar may be.

4.CONTACT INFORMATION & CHANGE REGISTRANT
4.1 Default information. When you register or bid for a domain name on GATHER NAMES LIMITED platform, we will submit your needs or orders to the upper level registrar or cooperative domain name service providers. Meanwhile, whois contact will be our default information.
4.2 You knowledge and agree that, for the purpose of facilitating your domain name transaction and management, you have to login in the account and enter the management center to edit contact information (registrant contact, administrative contact and technical contact), including but not limited to your name, identity information (such as high quality photocopy of ID card) and other relevant contact information(as email, address and phone number) . Once the contact information is edited, GATHER NAMES LIMITED is authorize to submit your contact information to independent third-party registrars and related domain name service providers. That is, contact information will be synchronized to the registrar or cooperative domain name service agencies.

5.DOMAIN NAME RENEWAL AND REDEMPTION
5.1 You may renew the domain name prior to its expiration date via the GATHER NAMES LIMITED Platform. All applications for the renewal of a domain name shall be made in the form and manner as may be prescribed from time to time by GATHER NAMES LIMITED. The renewal of a domain name is subject to (i) your compliance with the terms and conditions of this Service Agreement and any and all applicable renewal procedures; (ii) payment of all applicable service fees; (iii) our acceptance of your application for renewal.
5.2 If you fail to renew your domain name in the time frame indicated in this Service Agreement, certain Registries will provide a redemption grace period (the "Redemption Grace Period") during which you may pay a redemption fee to GATHER NAMES LIMITED and redeem your domain name. If you do not redeem your domain name prior to the Redemption Grace Period, such Registries will release your domain name and it will become available for registration on a first-come-first served basis. You agree and acknowledge that GATHER NAMES LIMITED shall not be liable in any way for any losses, damages, consequences or liabilities arising from the foregoing.

6.DOMAIN NAME PUSH
6.1 All applications for the domain name push shall be made in the form and manner as may be prescribed from time to time by GATHER NAMES LIMITED. The domain name push is subject to (i) your compliance with the terms and conditions of this Service Agreement and any and all applicable domain name push procedures as we may prescribe from time to time;and (ii) the domain name being valid and not having expired and not being subject to any disputes;and (iii) the domain name is not in arrears with registration fees;and (iv) agreement between the domain name transfer and the receiver.
6.2 Domain name push will not change WHOIS information. If you need to modify it, please manually modify it after pushing.
6.3 After sending push request, the other party must receive it within 15 days, otherwise the system will cancel the request automatically.
6.4 We will not be responsible for any loss of money due to improper keeping of the account password, loss or disclosure, which may result in the domain name being stolen, transferred or pushed.
6.5 Once the domain name is pushed and accepted, the domain name cannot be returned.
6.6 In case of any disputes, arbitration or theft in the process of PUSH, GATHER NAMES LIMITED shall have the right to stop and cancel the PUSH at any time and lock the domain name.

7.DOMAIN NAME TRANSFER
7.1 You may transfer a domain name either to or from another registrar via the GATHER NAMES LIMITED Platform, subject to (i) your compliance with the terms and conditions of this Service Agreement and any and all applicable transfer procedures;and (ii) payment of all applicable service fees;and (iii) our acceptance of your application for transfer;and (iv) certain restrictions published on GATHER NAMES LIMITED Platform and ICANN Transfer Policy;and (v) approval by the respective registries. All applications for the transfer of a domain name shall be made in the form and manner as may be prescribed from time to time by GATHER NAMES LIMITED. You shall promptly furnish GATHER NAMES LIMITED with any information necessary to transfer your domain name to or from another registrar, or to assist GATHER NAMES LIMITED with resolving any transfer dispute.
7.2 Transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, including the Registrar Transfer Dispute Resolution Policy, available at http://www.icann.org/en/transfers/dispute-policy-12jul04.htm as well as the UDRP and URS.
7.3 To transfer your domain name(s) you should first login to your Account to lock or unlock your domain name(s) and/or to obtain the EPP "AuthCode" which is required to transfer domain services in an EPP registry. Alternatively, you should contact us to have your domain name(s) services locked or unlocked or to obtain the EPP "AuthCode." Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. 
7.4 We will follow the procedures for both gaining and losing registrars as outlined in ICANN's transfer policies.
7.5 Each registrar has its own transfer process and may choose not to accept an transfer at its sole discretion. GATHER NAMES LIMITED shall not be responsible for any issues resulting out of the decision of another registrar to not accept an domain name transfer, such as due to system standards of such registrar, or any failure of such registrar's system preventing a transfer.
7.6 The domain name registered in your name may be transferred to another party without your consent and without notice to you if GATHER NAMES LIMITED receives a decision of an administrative panel appointed by a dispute resolution service provider approved by ICANN or by the respective registries for the purpose of resolving domain name disputes requiring such transfer pursuant to any administrative proceeding to which you were a party. Save for the foregoing, there shall not be any transfer of domain name between you and any other third party.

8.DISPUTE RESOLUTION POLICY
8.1 You agree to be bound by the appropriate domain dispute resolution policy ("Dispute Policy") applicable to the domain that you have selected, including the Uniform Domain Name Dispute Resolution Policy, which has been developed by ICANN and/or the specific Registration Administrator(s) and is incorporated by reference in this Agreement. Certain disputes are subject to the applicable Dispute Policy, in the event such dispute arises, you agree that you will be subject to the provisions specified in the applicable Dispute Policy in effect at the time your domain registration is disputed by a third party. You further agree that, in the event a domain dispute arises with any third party, you will indemnify and hold GATHER NAMES LIMITED harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. 
8.2 You agree to submit to any proceedings commenced under the UDRP, which can be found at http://www.icann.org/en/help/dndr/udrp, or the URS which can be found at http://newgtlds.icann.org/en/applicants/urs, as these may be amended from time to time. All other disputes between you and any party other than GATHER NAMES LIMITED regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of the UDRP may be resolved between you and such other party through any court, arbitration, or other proceeding that may be available.
8.3 We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

9.PAYMENTS AND FEES
9.1 Services fees are payable for the provision of the services. You shall make payment of the service fees corresponding to your use of the services in accordance with the payment schedule as posted on the GATHER NAMES LIMITED platform and the GATHER NAMES LIMITED payment and tax terms.
9.2 All services fees shall be in USD unless otherwise stated, and shall be paid to GATHER NAMES LIMITED in the manner and within the time period prescribed in the payment schedule. Failure to pay the service fees in the manner and within the time period prescribed may result in GATHER NAMES LIMITED terminating this service agreement, suspending or terminating all or part of the services.

10.WARRANTIES
10.1 You warrant: i) any and all information or document,statement you provide to GATHER NAMES LIMITED is true, accurate, correct, complete, and not deceptive, fraudulent or misleading:ii) your registration and use of the domain name will not infringe upon or otherwise violate the rights of any third party or applicable laws and regulations:iii) you are not registering the domain name for an unlawful purpose:and iv) you will not knowingly use the domain name in violation of any and all current and future policies, regulations, terms and conditions of ICANN, the relevant registries and laws.
10.2 You agree and acknowledge that: i) you are liable or responsible for determining whether your domain name registration infringes or violates the rights of any third party, and that GATHER NAMES LIMITED relies on your warranties herein to provide the services to you; ii) GATHER NAMES LIMITED does not evaluate whether the registration or use of the domain name may infringe upon any rights of any third party, and you shall not use the fact that the domain name is registered pursuant to this Service Agreement as a defence in any proceedings brought by any third party in connection with the domain name; iii) GATHER NAMES LIMITED does not guarantee that you will be able to register, renew, redeem or transfer a domain name, even if systems indicate that the domain name is available or you are able to complete an order with respect to such domain name; iv) GATHER NAMES LIMITED may elect to reject your application for registration, renewal, redemption or transfer of a domain name for any reason at its sole discretion, including, but not limited to, failure to comply with the terms and conditions herein, rejection due to a prohibited, improper, unavailable, infringing or otherwise questionable domain name; v) GATHER NAMES LIMITED may, in certain extenuating circumstances specifically approved by ICANN, required under a dispute policy, or mandated by a court of competent jurisdiction, renew your domain name registration without your explicit consent in order to prevent its deletion. Your failure to respond to expiration and/or renewal notices from GATHER NAMES LIMITED is not an extenuating circumstance; vi) GATHER NAMES LIMITED is not liable for any inaccuracies or errors in the domain name registration, renewal, redemption or transfer process, nor in any way for any errors, omissions, or any other actions by any third party or the Registry arising out of, or related to a request to register, renew, redeem or transfer a domain name.

11.INDEMNITY AND LIMITATION OF LIABILITY
11.1 You will defend, indemnify, and hold harmless GATHER NAMES LIMITED, its affiliates, licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with any third party claim concerning your: i) use of the Services; ii) breach of this Service Agreement; iii) breach of any applicable laws; a iv)defined in the GATHER NAMES LIMITED Membership Agreement) or misappropriation of third party rights in connection with your use of the Services.
11.2 GATHER NAMES LIMITED will promptly notify you of any claim subject to the above, but GATHER NAMES LIMITED's failure to notify you will only affect your obligations above to the extent that our failure prejudices your ability to defend the claim. GATHER NAMES LIMITED reserves the right to assume control of the defense and settlement of the claim at any time.
11.3 save only for any warranties, representations, conditions and undertakings by GATHER NAMES LIMITED expressly set forth in this Service Agreement, GATHER NAMES LIMITED hereby excludes all other warranties, representations, conditions and undertakings, express or implied, to the maximum extent permitted under applicable law.

12.MODIFICATION
You specially acknowledge and agree that the domain name system and its policies, and the practice of registering, monitoring and administering domain names are continually evolving. 
Therefore, GATHER NAMES LIMITED has the right to modify the terms of this agreement when necessary. 
Once the terms are changed, we will notify you of such changes by publishing announcements or other means. You agree that the above notices are deemed to have been delivered to users as long as they are posted on relevant webpages of GATHER NAMES LIMITED.
If you no longer agree to the terms of this agreement due to the above changes, you agree that your only remedy is to actively cancel the services you have obtained. If you continue to use the service, you will be deemed to accept the change of the service terms, and any such change shall be binding on you on the date of delivery.

13.TERM AND TERMINATION
13.1 Term. The term of this domain service Agreement commences on the day you accept this  Agreement to the day until the occurrence of any of the following: (i) your domain registration is cancelled; (ii) your domain is transferred to a third party; or (iii) your domain expires or is terminated; or(iv) you fail to pay any service fees due to GATHER NAMES LIMITED; or (v)you breach this Service Agreement or the additional terms and conditions; or (vi) We or the Registrar deem that you may have violated the Registrant Terms of Use; or (vii) your violation of GATHER NAMES LIMITED's security policy or Risk control policy; or (viii) to comply with any applicable law or requests of any governmental or regulatory entity.
Your obligation to pay any fees or other amounts under this Agreement which arose prior to expiration or other termination of this domain name service agreement shall survive any such expiration or termination.
13.2 Termination. GATHER NAMES LIMITED reserves the right to suspend, cancel, transfer or modify your domain registration if: (i) you materially breach this domain name service agreement and other relevant agreements and policies; (ii) you use the domain to send unsolicited email, in violation of this domain name service agreement or applicable laws; (iii) you use your domain in connection with unlawful activity. ANY LOSSES AND EXPENSES ARISING THEREFROM SHALL BE BORNE BY YOU.

14.DATA DISCLOSURE
14.1 You confirm and agree that GATHER NAMES LIMITED will collect and use your personal information and data in the process of providing you with such products and/or services, including but not limited to the registrant information and payment information you submit.
14.2 GATHER NAMES LIMITED will not disclose your information and data to any third party without authorization, unless:(i) disclosed to third parties with your prior consent; (ii) GATHER NAMES LIMITED is required to disclose according to the law; (iii) relevant law enforcement authorities, domain name dispute resolution agencies, third parties who need to claim rights from you, etc., require GATHER NAMES LIMITED to disclose through necessary procedures due to suspected illegal activities of your domain name; (iv) it is required to be disclosed according to the Privacy Policy of GATHER NAMES LIMITED.

15.MISCELLANEOUS
15.1 Governing Law and Jurisdiction. This Service Agreement shall be governed by the laws of Singapore without regard to its conflict of law provisions. The parties hereby submit to the jurisdiction of the courts of Singapore, on an exclusive basis, to settle any dispute or claim arising out of or in connection with this Agreement or their subject matter or formation (including non-contractual disputes or claims).
15.2 Notices. You agree that any notices required to be given under this domain service Agreement by GATHER NAMES LIMITED to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
15.3 Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this domain name service agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
15.4 Severability. If any provision or portion of any provision of this domain name service agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Last Updated: 5 January, 2023

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