Domain Name Backorder&Auction Service Agreement

Domain Name Backorder&Auction Service Agreement

Dear users, welcome to choose and use the domain name backorder&Auction service from 上海昀祎网络科技有限责任公司!

 

Foreword

 

Before you agree to this agreement, you should carefully read and abide by all the contents of this agreement.. Please be sure to carefully read and fully understand the contents of the terms. If you have any questions about the terms of this agreement, please inquire through the customer service channel, and we will explain the contents of the terms to you. If you do not agree to any of the terms of this agreement, or if you do not accurately understand 上海昀祎网络科技有限责任公司's interpretation of the terms, do not proceed.Otherwise, you agree to be bound by this Agreement by accepting the terms and conditions set forth below. You should not then claim that this Agreement is invalid, or ask for its rescission, on the grounds that you have not read the contents of this Agreement, or that you have not received answers to your inquiries from 上海昀祎网络科技有限责任公司.

 

1. Explanation of items and terminology

 

1.1 "Domain Name backorder&auction" domain name subscription refers to the preemptive registration of a domain name to be deleted. According to the rules of the domain name registration authority (registry), when the registered domain name expires and the user fails to renew, the registry will delete the domain name after a period of time. The domain name can be re-registered after deletion.

上海昀祎网络科技有限责任公司 provides a subscription service that allows users to subscribe to a domain name until the domain name is deleted by the registry. When a domain name is deleted by the registry, 上海昀祎网络科技有限责任公司 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 due to the first-come first-served rule of domain names. After booking, they will enter the auction process, and the final bidder will get the ownership of the domain name.

1.2 "上海昀祎网络科技有限责任公司" refers to the cybersquatting platform that provides users with the systems, technology and related support needed to conduct online domain name backorder activities.

1.3 "User" refers to the 上海昀祎网络科技有限责任公司 members who conduct domain name transactions through the domain name backorder system provided by 上海昀祎网络科技有限责任公司, including individual users (natural persons, individual proprietorships, individual partnerships and individual industrial and commercial households, etc.) And unit users (state organs, corporate partnerships, institutions, social organizations and other organizations, etc.).

1.4 "Proxy Auction" means that the buyer can set the auction amount of the domain name according to his psychological price. When the auction is higher than the current minimum auction amount (minimum auction = current price markup margin)The system will automatically help the user to auction according to the minimum auction amount and set the user's auction as the proxy price. The system will automatically auction upward with the minimum increment amount according to the auction of other buyers, so as to maintain the position of the buyer ahead of the bidder until the buyer's auction is surpassed by other buyers (exceeding means that the proxy price is invalid).

 

2. Service content and transaction process

 

2.1 上海昀祎网络科技有限责任公司 Platform provides users with online backorder, auction system and related technical support and services for domain names. That is to say, users can book, auction and complete a series of transactions through the system. 上海昀祎网络科技有限责任公司 has the right to decide the service scope of domain name backorder service provided to users, and has the right to add, delete, update, adjust or cancel the functions of this service according to the company's business development.

2.2 Subscribing to a Domain Name

2.2.1 The user makes a domain name reservation through the domain name cybersquatting system provided by 上海昀祎网络科技有限责任公司, and completes the domain name reservation by paying the deposit.

2.2.2 When a domain name is deleted by the registry, 上海昀祎网络科技有限责任公司 will automatically submit a registration request to the registry to help the user complete the domain name registration. The user understands and agrees that successful booking does not mean successful preemptive registration, and that if preemptive registration fails, the relevant funds will be returned to the user's account.

2.2.3 Deadline for domain name backorder: 24:00（UTC 8）on the day the domain name is deleted. Please make your reservation before 22:30（UTC 8）if possible, otherwise you can not guarantee the success of the submission in the external platform.

2.3 auction

Through the platform's own channel to rush to register successful domain names, if only one person booked will not enter the auction stage, the domain name will be directly delivered to the booking user. If there are many people scheduled, then enter the auction stage, users can auction during the auction period, the final auction for the ownership of the domain name.

2.3 Domain Name auction

2.3.1 Meaning of Domain Name auction

A domain name is booked by more than one person, and the price of the booking is the same, the user wants to successfully buy this domain name will need to auction.

2.3.2 Description of Domain Name auction Rule

2.3.2.1 auctions should be frozen at 20% of the auction amount as a deposit, which will be automatically unfrozen when the auction is exceeded.

2.3.2.2 Within 5 minutes before the end of auction, in order to ensure fairness, if there are new auctions, it will automatically delay 0-10 minutes until there are no new auctions;Due to fluctuations in the actual closing time, the last 3 minutes of auction is not guaranteed to be valid, please be sure to auction before the last 3 minutes.

2.3.2.3 External auction Description: It is the auction of external platform users. External auctions sometimes do not auction according to the price increase range (or offer the same price but lead), which is caused by the existence of agency price on the external platform, which is a normal phenomenon.

2.3.2.4 Proxy auction

1) Note of proxy auction: When your actual auction is higher than the minimum auction required at that time, the system will still quote for you with the minimum auction. If there is no auction, you will win the auction with the lowest auction;If someone auctions, the system will automatically auction for you until your agent price is exceeded.

2) Agency price setting: direct auction, the system will only increase the price for you with the increase range, and the higher part will be automatically set as the agent price.

2.3.2.5 Time Remaining Display: "Coming to the End" means the internal end, but the external end is not yet finished. There may be new auctions for the external end. Please stay focused until the end.

2.3.2.6 The price of domain name auction shall be subject to the price displayed in the auction of 上海昀祎网络科技有限责任公司 official website, and the price displayed in other websites is not synchronous with 上海昀祎网络科技有限责任公司.

2.3.2.7 Intrude auction

  1) Note: If the user does not make a domain name reservation within the specified time, he can submit an application for entry auction before the end time of the reservation auction, and freeze the corresponding entry fee through this site to obtain the auction qualification to participate in the auction.

   2) Note: If the auction is not succeed, the fee will be deducted directly;If the auction is succeed, the fee will be unfrozen automatically.

2.4 End of auction and Payment

After the end of the auction, the winning user needs to pay within 7 days, if the user does not take the initiative to pay, but the account balance is sufficient, the system will automatically complete the deduction operation, enter the domain name delivery process. Because of the particularity and fairness of auction, this platform does not allow breach of contract, if the user fails to pay, it will be dealt with as breach of contract.

1) Breach of contract: freeze your account and all the domain names under it. If you do not contact the 上海昀祎网络科技有限责任公司 official customer service within three days, 上海昀祎网络科技有限责任公司 has the right to auction all the domain names under your account, and the deducted fees are not refundable.

2) Please do not use the domain name to make illegal websites such as phishing, etc. Once found, the domain name and account will be blocked, and the fees will not be refunded.

2.5 Domain Name Delivery

2.5.1 After the domain name auction is over, the domain name will enter the delivery process, and the delivery time is 1-2 working days after the successful payment.

2.5.2 The Buyer understands and agrees that in order to complete the delivery more quickly, the domain name will use the temporary template provided by the platform to complete the delivery. After the successful delivery, the Buyer shall modify the domain name information by itself to ensure the authenticity and accuracy of the domain name registration information.

2.5.3 The Buyer understands and agrees that the domain name using the temporary template can not carry out the operations such as domain name push, domain name transfer out, DNS modification, etc.

 

3. Rights and obligations of users

 

3.1 The user understands and warrants that:

3.1.1 When using the backorder service provided by this platform, the user has carefully read and fully understood the Terms of Service and the domain name backorder rules published by 上海昀祎网络科技有限责任公司 on the relevant pages;The user shall abide by these terms of service and all rules of 上海昀祎网络科技有限责任公司, and shall not use the reason of not carefully reading the rules or the deviation of understanding the rules as the reason for the user's non-compliance with the rules and breach of contract.

3.1.2 Users shall be responsible for the authenticity and accuracy of the information provided by users when backorder and auction;Such information errors caused by the user's intention or negligence shall be the responsibility and consequences of the user.

3.1.3 The description of the domain name in the domain name backorder information displayed by 上海昀祎网络科技有限责任公司 is only for reference purposes, and does not serve as the evaluation basis for the actual domain name transaction.

3.1.4 In any case, users should not trust loans, ask for passwords or other network information involving property;If property operation is involved, please verify the identity of the other party first, and please always pay attention to 上海昀祎网络科技有限责任公司's tips on preventing fraud crimes.

3.1.5 The user understands and agrees that if the user commits fraud, infringes the legitimate rights and interests of others or other acts in violation of the Terms, laws and regulations in the process of domain name backorder & auction, 上海昀祎网络科技有限责任公司 has the right to terminate this service and carry out other necessary operations,including but not limited to the domain name released off the shelf, the domain name should be locked, the domain name information should be prohibited to modify and transfer out, and the domain name transaction should be judged invalid and so on.

3.1.6 The User shall provide correct and accurate contact information (including but not limited to email, contact address or other contact details) to 上海昀祎网络科技有限责任公司, and the User shall be responsible for any result caused by inaccurate contact information. User agrees that, in the event of a dispute or controversy arising out of a domain name auction, 上海昀祎网络科技有限责任公司 shall have the right to provide User's information to the counterparty with whom the transaction was entered into for the purpose of resolving such dispute or controversy.

3.1.7 Users shall not use the transaction rules of online transactions of 上海昀祎网络科技有限责任公司 domain names to conduct any illegal activities, including but not limited to credit card cashing, money laundering and other activities. The funds used by users to pay for the purchase of domain names should be legitimate gains, if any illegal transactions caused by improper sources of funds, users should bear full responsibility on their own, and have nothing to do with this website.

3.1.8 User understands and agrees that if 上海昀祎网络科技有限责任公司, by itself or through other third parties, including but not limited to government agencies, authorities, courts, domain name administrators, etc determines that there is a violation or illegal use of certain domain names, 上海昀祎网络科技有限责任公司 has the right to terminate the service and take other necessary actions, including but not limited to taking down the domain names posted, Lock the domain name, prohibit the modification and transfer of domain name information, and determine the invalidity of domain name transactions.

3.1.9 The user understands and agrees that 上海昀祎网络科技有限责任公司 has the right, through judgment, to take such measures as temporarily freezing the trading function, blacklisting, permanently sealing the domain name trading authority of the account, and restricting the overall business operation authority of the account against the user who maliciously disrupts the trading market.

 

4. Rights and obligations of 上海昀祎网络科技有限责任公司

 

4.1 上海昀祎网络科技有限责任公司 commits to:

4.1.1 上海昀祎网络科技有限责任公司 will adopt necessary technical means and management measures to ensure the normal operation of the domain name registration system, provide necessary and reliable trading environment and trading services, and maintain the order of network transactions.

4.1.2 上海昀祎网络科技有限责任公司 will take security and confidentiality measures to protect all data and information involving business secrets of operators or personal information of consumers. Without the consent of the parties to the transaction, it shall not disclose, transfer, use or sell to any third party the list of parties to the transaction, transaction records and other data involving business secrets of operators or personal information of consumers, except as otherwise provided by laws, administrative regulations and the Terms of Service.

4.2 User understands and agrees that:

4.2.1 上海昀祎网络科技有限责任公司 shall have the right to terminate the transaction between the two parties or invalidate the transaction when it finds any abnormality in the transaction, and shall have the right to determine whether the transaction is abnormal and take appropriate measures.

4.2.2 上海昀祎网络科技有限责任公司 has the right to deal with the violation of the domain name backorder& auction and transaction process as the user's breach of contract.

4.3 上海昀祎网络科技有限责任公司 shall have the right to notify the User in advance, within a reasonable period of time, of any matters relating to the domain name backorder& auction by means of a notice on the relevant webpage, and the User shall be deemed to have been notified as soon as the notice is published.

 

5. Cost of services

 

5.1 Users agree that 上海昀祎网络科技有限责任公司 will publicize the relevant charging standards and payment requirements on the relevant pages of the website (www.idcw.co), and have the right to adjust the above standards and requirements according to business needs and market changes;Or according to the market conditions at that time and their own business policies and other factors, formulate different service fee standards, preferential and promotional policies, etc.

5.2 If the user has any objection to the charging standard and the notice content of fee settlement provided by 上海昀祎网络科技有限责任公司, the user shall promptly inform 上海昀祎网络科技有限责任公司 in writing and stop using the domain name  backorder& auction service provided by 上海昀祎网络科技有限责任公司;Otherwise, it is deemed that the user approves the notice content of the expense settlement provided by 上海昀祎网络科技有限责任公司, and both parties shall settle and pay the expense according to the notice content of the expense settlement provided by 上海昀祎网络科技有限责任公司.

5.3 User agrees that 上海昀祎网络科技有限责任公司 has the right to exempt from litigation or arbitration for any dispute arising from the adjustment of fee standards, except as expressly provided by law.

 

6. Force majeure and liability

 

6.1 The User understands and agrees 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 and 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 or any other similar events.In the event of any of the above circumstances, 上海昀祎网络科技有限责任公司 will endeavor to cooperate with the relevant units at the first time to repair them in a timely manner, but 上海昀祎网络科技有限责任公司 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, 上海昀祎网络科技有限责任公司 reserves the right to make corresponding adjustments to the content and mode of the service. 上海昀祎网络科技有限责任公司 shall not be liable for any loss caused to the user.

6.2 To the extent permitted by law, 上海昀祎网络科技有限责任公司 shall not be liable for any interruption or disruption of service caused by:

6.2.1 By computer viruses, Trojans or other malicious programs, hacker attacks damage;

6.2.2 Failure of the user's or 上海昀祎网络科技有限责任公司's computer software, system, hardware and communication lines;

6.2.3 Improper user operation;

6.2.4 User uses the Service in a manner not authorized by 上海昀祎网络科技有限责任公司;

6.2.5 Other circumstances beyond 上海昀祎网络科技有限责任公司's control or reasonably foreseeable.

6.3 User understands and agrees that in the process of using this service, it may encounter risks caused by network information or other user behavior, and 上海昀祎网络科技有限责任公司 shall not be responsible for the authenticity, applicability and legality of any information, 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:

6.3.1 Anonymous or pseudonymous information from others containing threats, defamation or illegal content;

6.3.2 Suffer any psychological, physical injury and economic loss caused or possibly caused by others' misleading, cheating or other reasons due to the use of the service under this agreement;

6.3.3 Ownership disputes and transfer disputes involved in the domain name itself;

6.3.4 Other risks caused by network information or user behavior.

 

7. Applicable law and dispute resolution

 

7.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore.

7.2 All disputes related to this service term shall be settled by both parties through friendly negotiation.

7.3 If negotiations fail, the parties agree to submit to the exclusive jurisdiction of the courts of Singapore in respect of any dispute arising out of or in connection with this Agreement.

 

8. Other

 

8.1 The validity, interpretation, performance and dispute resolution of these Terms of Service shall be governed by the laws and regulations of the Republic of Singapore, the Domain Name Dispute Resolution Policy/Policy of the Domain Name Authority and the Computer Industry Practice.

8.2 In case of any inconsistency or conflict between the relevant terms or agreements and the relevant terms previously signed by both parties or the relevant statements of 上海昀祎网络科技有限责任公司, the Terms of Service shall prevail.

8.3 This Agreement includes the terms and conditions set forth above, as well as any rules that 上海昀祎网络科技有限责任公司 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, the User has read, understood and accepted all the terms and conditions of this Agreement, and has promised to abide by the laws and regulations of Singapore. In case of any violation that results in any legal liabilities, the User shall bear the corresponding legal liabilities independently in its own name.