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Schedule 1/11-8
to the Multiple Services Contract Effective December 24, 2013 |
Partner — an individual or legal entity participating in the Contractor’s partnership program (a party under Multiple Services Contract, index NIC-REG) that has applied to the Contractor for preorder domain name registration service.
Customer — Contractor’s Partner, who applied to the Contractor for preorder domain name registration for the Applicant.
Preorder — a Customer's address to the Contractor in the format established by the Contractor containing all necessary data for domain name registration for the name specified in the Order.
New gTLD domain name preorder registration (Preorder registration) — a service delivered by the Contractor to the Customer (hereinafter referred to as the "Service"), consisting in submission to the Registry of a second domain name registration in new gTLD upon the start of the appropriate New gTLD domain name registration period and transferring the domain name (entry of corresponding record into the Registry) to the Applicant specified by the Customer in the service order under the policies, established by the gTLD Administrator and corresponding Registry Operator, as well as informing the Customer about the policy, time of registration, prices for the selected domain name.
New gTLDs — new areas of the Internet hierarchical name space allocated by ICANN under New gTLD Program (new generic Top Level Domains program launched by ICANN). In the Domain Name System (DNS) it is the highest hierarchy level of the hierarchy after the root.
Prepayment — funds on a Customer's personal account, reserved by the Contractor as prepayment for domain name preorder registration.
gTLD Administrator — a legal entity accredited by ICANN that manages gTLD.
Registry — the central database of a corresponding gTLD, which contains information about registered domain names and corresponding DNS servers, as well as other information required for the registration and delegation of domains.
Registry Operator — the legal entity responsible for the operation of Registry and providing access to the Registry for Registrars so that they can provide second-level domain name registration services.
Registrar — any legal entity accredited by ICANN or another authorized party including gTLD Administrator to provide domain name registration services and deliver required information to the Registry.
ICANN — the corporation that holds authority for the allocation of domain names and numbers, exercises general control over the system of domain names and the space of IP addresses, including the development of rules, and ensures the efficient operation of root servers.
Subcontractor — a legal entity that receives and fulfills Contractor's orders for domain name registration for the Applicant's name specified by the Customer in the service order or another person indicated as an Administrative contact in cases provided hereunder.
Sunrise, Landrush, or General Availability Domain Name Registration Period Under the New gTLD Program — second-level domain name registration under the New gTLD program during the certain period of time and for the specific Customer categories under the procedure set forth by the TLD Administrator or Registry Operator.
2.1. To obtain services from the Contractor, the Customer should be enlisted into Contractor's database, for which purpose - fill out a form in the format set by the Contractor. The Customer is responsible for selecting and registering individual administrative and technical passwords during the registration on the database, for securing their confidentiality, and for all actions that involve using the passwords.
2.2. A Preorder serves Customer's full and unconditional consent with the terms of this Schedule and the procedure of its modification. The Customer agrees with the prices and terms of the New gTLD domain name registration by paying the full domain name registration fee, details of which and Schedules of further New gTLDs domain name registration periods will be available on the Contractor's web server. The Contractor will also send notifications to the Customer's contact e-mail addresses specified in the Contractor's database. The relationship between the Customer and persons indicated in service order shall be governed by a separate agreement between them.
2.3. If the domain name preorder registration service was not delivered due to the events listed in the section 3.1.6 hereinbelow, it shall not be payable by the Customer and the Prepayment will be released on the Customer's personal account and may be refunded by an official letter with specification of recipient's details;
2.4. From the moment of record entry into the Registry about the domain name registration of the Applicant specified by the Customer in the service order, the Customer and Applicant will be deemed to be bound by New gTLDs domain name registration schedules. These schedules will be available on the Contractor's web server before the launch of the corresponding domain name registration period. The Contractor will send notifications to the Customer's contact e-mail addresses specified in the Contractor's database. The Customer shall acknowledge the Applicant with the specified documents. The Customer is entitled to cancel an order, if he disagrees with the schedules or prices available before the launch of the corresponding domain name registration period. In this case the funds reserved on the Customer's personal account will be released.
2.5. Documents that set forth the policy of further gTLD domain name registration and renewal periods will be adopted by the gTLD Administrator and Registry Operator. The Contractor undertakes to publish the links to the above documents as soon as this policy is published.
2.6. In any respects that have not been regulated hereunder or by the documents specified in section 2.5 hereinabove, the Contractor and the Customer shall be governed by the following documents:
2.7. The Customer shall acknowledge the Applicant with the document "Terms of Name Registration and Use in Worldwide Domains", published on the Contractor's web-server at https://www.nic.ru/dns/contract/condition_all_dom.html, the procedure of its modification, and will also mean that Customer read and studied the provisions of these Terms. The documents established by the Registry, Registry Operator, ccTLD Administrator, gTLD Administrator and/or Subcontractor shall prevail. Customer's notification about modification of documents listed in "Terms of Name Registration and Use in Worldwide Domains" is beyond the Contractor's responsibility. The Contractor shall at its sole discretion track any changes introduced in the specified documents.
2.8. Subcontractor may be:
2.9. The Customer shall abide by the terms and conditions given in the Subcontractors' documents listed in section 2.8 hereinabove. By ordering the service the Customer confirms that he and the Applicant studied and agrees with the above terms and conditions. The Contractor shall not be liable for any actions of the Registry Operator, gTLD Administrator, that result in refusal to register a domain name, as well as unfair domain name registration by third parties and third parties' rights violations associated with the selection and registration of the domain name. Upon domain names registration the Applicant is solely responsible for the selection of the domain name and possible violations of the rights of any third party in connection with the selection and use of the domain name, and is liable for the costs of such violations. The Customer undertakes to relieve the Contractor from any liabilities associated with third parties' claims.
3. Domain Name Preorder Registration
3.1.1. The Contractor will deliver this Service only for the second-level domains in top-level domains listed on the Contractor's web server new.nic.ru.
3.1.2. The Contractor will accept preorder under the following terms:
a) The Customer concluded with the Contractor Multiple Services Contract (NIC-REG) in a written form;
b) the Customer has on his/her personal account a sufficient sum to cover the preorder service. The account recharge procedure is given on the Contractor's web server located at https://www.nic.ru/ (in Pricing section);
c) The Customer generated preorder on the Contractor's web server new.nic.ru located at http://new.nic.ru/.
3.1.3. The Contractor delivers the Service under the following terms:
a) The generated preorder is available on the Contractor's web server as per item 3.1.2.
b) The Customer has on his/her personal account a sufficient amount to cover the second-level domain registration service. The account recharge procedure is given on the Contractor's web server located at https://www.nic.ru/ (in Pricing section);
c) the terms listed in subitems (a, b) hereinabove shall be met by the launch of the corresponding domain names registration Period.
When a certain domain name registration period under the New gTLD program starts, the Contractor will stop accepting service preorders. From this moment on, the Contractor will start accepting orders pursuant to the Schedule 1/30-1, the Schedule 1/30-2.
3.1.4. The procedure of registration of domain names, for which two or more applications have been received, is established by the gTLD Administrator.
3.1.5. The Customer is entitled to request from the Customer additional information about the Applicant specified by the Customer in the service order required by the gTLD Administrator, Registry Operator for second-level domain registration for which the request has been submitted. The Contractor is entitled to store any information required for domain name registration.
3.1.6. The Contractor does not guarantee delivery of the Service to the Customer in the following cases:
a) the Contractor's preorder request to the Registry was not the first one among those submitted by other Registrars;
b) the domain name is a subject of legal proceedings, provided that the Contractor has the appropriate evidence confirming that the domain name is the issue in the litigation;
c) domain name registration is cancelled by an enacted court decision, when a person, whose rights are deemed violated by the court, has a priority to a cancelled domain registration;
d) domain name registration is impossible pursuant to the registration policy of the corresponding domain zone established by the Registry Operator and gTLD Administrator.
e) the domain name does not meet Registry's eligibility criteria;
f) domain names registration in the selected domain zone has not launched, or has been ceased or suspended.
g) in other cases likely to cause third parties' rights violation as deemed by the Contractor.
h) in other cases likely to hinder domain name registration based on a Customer's preorder request.
3.1.7. The Contractor is entitled at its sole discretion to reject a preorder, if a domain registration is contradictory to item 3.1.6 hereinabove.
3.2.1. Preorder is generated by the Customer on the Contractor's web server new.nic.ru.
3.2.2. If the order is not ready for implementation by the start of the General Availability period in a corresponding top-level domain, the order will be cancelled.
3.2.3. A Preorder may be canceled by the Customer on web server https://www.nic.ru/auction/ (in section "My auctions") no later than the date listed in clause 2.1.3 of the Addendum 1 hereto.
3.2.4. An accomplished preorder starts implementing after the launch of the corresponding domain names registration period, provided that preorder is fully paid for pursuant to the corresponding Schedule (Schedule 1/30-1, Schedule 1/30-2). In this case, if the Contractor successfully completed domain name registration in the Registry, the Contractor will ensure domain name transfer procedure (record entry to the Registry) according to the policy established by the gTLD Administrator.
4.1. Service Payment
4.1.1. The Contractor keeps a record of Customer's payments and the services provided to the Customer, according to the actual prices of these services, on the Customer's Personal account. Any payment made by a Customer shall be deemed added to the Personal account after the money has been credited to the Contractor's bank account and the Contractor has received from the bank a document identifying the payment. In the process of preparing payment documents by the Customer, a reference to the number of the Customer's agreement with the Contractor is required in the "Payment Purpose" section.
A Customer can access the information of his Contract Account under the Agreement on the Contractor's web server in the "Manage your account" panel (link "Account balance").
The Customer may recharge his/her personal account under procedure described on the Contractor's web server www.nic.ru (in Pricing section).
4.1.2. Service payment shall be made in two stages:
4.1.2.1. Preliminary payment for second-level domain name registration.
4.1.2.2. The funds required to cover domain name registration in the Registry.
This sum will be publicized on the Contractor's web server upon approval by the gTLD Administrator and/or Subcontractor of the terms and prices required for service delivery. Upon payment of this sum the Customer will agree with the terms of new gTLD second-level domain names, as well as confirms that he acknowledged the Applicant with the above terms and conditions and the Applicant agreed to follow them.