Service Agreement

WOPOP Domain Service Agreement

This Domain Name Registration and Administration Services Agreement (“Agreement”) is between the Customer and the Wopop International Ltd (“Registrar”) and governs the Customer's use of the Registrar’s domain name registration and administration services (“Services”). By submitting a request for the Services, the Customer acknowledges that the Customer has read, understood and agrees to be bound by all terms and conditions of this Agreement. This Agreement as well as any additional rules and policies, together with all modifications thereto, constitutes the complete and exclusive agreement between the Customer and the Registrar concerning the Customer's use of the Services, and supersedes and governs all prior proposals, agreements, representations or other communications. The Registrar reserves the right to modify this Agreement periodically and will use its best endeavours to notify the Customer of any such changes as published on www.wopop.com.

1. The Registrar is an accredited Registrar of the domain names of Hong Kong (“Hong Kong Domain Names”). The Hong Kong Domain Names registered, renewed, transferred or managed through the Registrar are subject to:

(a) these terms and conditions; and

(b) the policies published by Hong Kong Domain Name Registration Company Limited (“HKDNR”) from time to time at www.hkdnr.com.

2.The Registrar also provides domain name registrations, renewals, transfers and management for generic top-level domain names (“gTLDs”). The Registrar processes gTLDs through Shanghai Meicheng Technology Information Development Co. Ltd [(“ICANN Registrar”)], an Internet Corporation for Assigned Names and Numbers (ICANN) accredited registrar. All gTLDs registered, renewed, transferred or managed through the Registrar are subject to:

(a) these terms and conditions;

(b) the policies published by the ICANN Registrar from time to time at www.cndns.com; and

(c) ICANN's Uniform Domain Name Dispute Resolution Policy located at http://www.icann.org.

3.Upon accepting the Customer's application to register or renew a gTLD , the Registrar essentially acts as the Customer's sponsor for that application. All gTLD applications will be processed through the ICANN Registrar. The registration and renewal applications the Registrar process are not effective until the gTLD registration or renewal information the Customer provides with the Registrar is delivered to the registry administrator for gTLDs, as applicable, and the registry administrator puts into effect the Customer's gTLD registration or renewal.

4. The Customer acknowledges and agrees that the Registrar does not guarantee that the Customer will be able to register or renew a desired domain name. Even if WHOIS or other enquiry indicates that domain name is available, the Customer acknowledges that the Registrar cannot know with certainty whether or not the domain name which the Customer is seeking to register 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.

5.The Customer further acknowledges and agrees that the Registrar may, at its sole discretion, elect to accept or reject the Customer's application for registration or renewal for any reason, including, but not limited to, requests for registration or renewal of a prohibited domain name or domain name which a third party has any proprietary rights.

6. The Customer also acknowledges and agrees that, although the Registrar will use all reasonable endeavours, the Registrar is not liable or responsible in any way for any errors, omissions or any other actions by any registry administrator arising out of or related to the Customer's application for and registration of, renewal of, or failure to register or renew a particular domain name.

7. The Customer additionally agrees to indemnify, defend and hold harmless the Registrar and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, the Customer's application for and registration of, renewal of, or failure to register or renew, a particular domain name.

8. The Customer agrees that the Registrar’s maximum aggregate liability in respect of this clause shall not exceed the total amount paid by the Customer for the services.

9. By submitting a gTLD registration application to the Registrar, the Customer acknowledges and agrees that the Customer is a customer of the Registrar for purposes of the Services. The Customer further acknowledges that there is no customer relationship between the Customer and ICANN Registrar created hereunder. The Customer agrees that upon termination of relationship between the Registrar and the ICANN Registrar, The Registrar may, in its sole discretion, assign the Customer's domain name registration to a new ICANN registrar at no additional charge to the Customer and that this Agreement will continue in full force and effect between the Customer and any new ICANN registrar.

10. By submitting an application for a Hong Kong Domain Name registration to the Registrar, the Customer acknowledges and agrees that the Customer is a customer of the Registrar for purposes of the Services. The Customer agrees that the Registrar may, in its sole discretion, assign the Customer's domain name registration to a new registrar at no additional charge to the Customer and that this Agreement will continue in full force and effect between the Customer and any new registrar.

11. By applying to register a domain name, or by asking the Registrar to maintain or renew a domain name registration, the Customer hereby represents and warrants to the Registrar that:

(a) all statements made by the Customer in connection with such application for registration, maintenance, or renewal are complete and accurate;

(b) to the Customer's knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party (including any registered or unregistered trade mark, domain name, business name or any other name in which a third party has proprietary rights);

(c) the Customer is not registering the domain name for an unlawful purpose; and

(d) the Customer will not knowingly use the domain name in violation of any applicable laws or regulations.

12. The Customer agrees and acknowledges that it is the Customer's responsibility to determine whether its domain name registration infringes or violates someone else's rights including, but not limited to, trade mark rights, and whether any foreign language translations of its domain name, infringe or violate someone else's rights. The Customer acknowledges that the successful registration of a domain name does not give the Customer any proprietary rights in any word composing the domain name.

13. The Registrar will address and send emails to the person notified by the Customer as the Customer’s contact person at the email address supplied by the Customer. The Customer is solely responsible for ensuring that its Customer's contact details are current and correct, that its email services is operational and that it checks its emails regularly.

14. The Customer must inform the Registrar of any changes to its contact details by email to support@wopop.com within 30 days of any changes.

15. If the Registrar sends an email to the Customer's current email address as listed in the Customer's contact details, the Customer is deemed to have received that email and the Registrar is not obliged to take any further action to confirm that the Customer has received, opened and/or read the email unless the Customer promptly notifies the Registrar that the email was not delivered to its email address.

16. If the Registrar receives an automated email non-delivery notification indicating that the Customer has not received the email that the Registrar has sent the Customer regarding the Services, the Registrar will use reasonable endeavours to attempt to contact the Customer using the other contact details the Customer submitted, including non-electronic means, but does not guarantee that the Registrar will be able to contact the Customer.

17. In the first time the Customer applies to use the Services, the Customer will receive a domain name password. The Customer must safeguard the domain name password from any unauthorised use. The Customer acknowledges and agrees that in no event will the Registrar be liable for the unauthorised use or misuse of the Customer's domain name password.

18. As consideration for the Services, the Customer agrees to pay the Registrar, upon submission of the Customer's domain name application or renewal application to the Registrar, the then-current fees set forth in the Registrar price schedule for such services located at www.wopop.com.

19. All fees paid are non-refundable, in whole or in part, even if the Customer's domain name registration is suspended, cancelled or transferred prior to the end of the Customer's then-current registration term. The Registrar reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. The Registrar will use its best endeavours to notify the Customer of any such changes.

20. The Customer's Hong Kong Domain Name application or renewal application will not be processed by the Registrar until the Registrar receives payment of the registration or renewal fee, or reasonable assurance of payment of the registration or renewal fee from some other entity as determined by the Registrar in its sole discretion.

21. The Customer's gTLD application or renewal application will not be submitted to the ICANN Registrar until the Registrar receives actual payment of the registration or renewal fee, or reasonable assurance of payment of the registration or renewal fee from some other entity as determined by the Registrar in its sole discretion.

22. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by the Registrar) or other non-payment by the Customer in connection with the Customer's payment of the registration or renewal fee, the Customer acknowledges and agrees that the registration shall be transferred to the Registrar as the entity that has paid the registration or renewal fee for that registration to the registry, and that the Registrar reserves all rights regarding such domain name including, but not limited to, the right to make the domain name available to other parties for purchase. The Registrar will reinstate any such registration solely at its discretion, and subject to its receipt of the applicable registration or renewal fee and then-current reinstatement fee.

23. The administrative contact for a domain name will be notified by the Registrar at least 30 days before a renewal fee is due. A domain name will not be renewed unless the Registrar receives a request for renewal and full payment for renewal from the Customer. At any time before the expiration of the Customer's gTLD registration, the Customer may renew the Customer's gTLD by contacting the Registrar. Within 90 days before the expiration of the Customer's Hong Kong Domain Name registration, the Customer may renew the Customer's Hong Kong Domain Name by contacting the Registrar.

24. The Customer acknowledges that as the Internet, domain name system and the practice of registering and administering domain names are modified from time to time by third party, the Registrar may modify this Agreement, as well as any additional rules or policies that are or may be published by the Registrar, as necessary to comply with any ICANN-accepted policies, or with any other agreements that the Registrar is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. The Customer's continued use of any domain name registered through the Registrar shall constitute the Customer's acceptance of this Agreement as well as additional rules or policies that are or may be published by the Registrar, each with the new modifications. If the Customer does not agree to any of such changes, the Customer may request that the Customer's domain name registration be cancelled or transferred to a different domain name registrar. The Customer acknowledges and agrees that such cancellation or request for transfer will be the Customer's exclusive remedy and the Registrar sole liability if the Customer does not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by the Registrar.

25. The Customer hereby acknowledges and agrees that, in connection with the Customer's use of certain Services, the Customer is required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. Except as set forth below, all other information which the Registrar may request from the Customer in connection with domain name registration, administration, and renewal services is voluntary.

(a) The Customer is obligated to provide and keep current in connection with its use of the Registrar’s domain name registration, administration, and renewal services the following information: 1 its full name (or the name of the authorised person for contact purposes, if registration is for an organisation, a corporation or an association), postal address, email address, voice telephone number and fax number, if available (or if different from that of the domain name holder); 2 domain name being registered; and 3 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. 4 The Registrar reserves the right not to complete the registration until the Registrar receives from the Customer this information in its entirety.

(b) The Customer acknowledges and agrees that the type of information the Customer is required to provide may change. If the Customer does not wish to provide any new required information, the Registrar reserves the right to cancel or not renew the Customer's registration.

26. ln addition to the information the Customer provides (“User Information”), the Registrar may, subject to the Privacy Policy, maintain records relating to any domain name application received by the Registrar, as well as any domain name registered through, administered, or renewed by the Registrar. The Registrar also maintains records relating to the Services that the Registrar provides to the Customer. These records may include, but are not limited to:

(a) original creation date of a domain name registration, renewal, or request for service;

(b) the submission date and time of a registration or renewal application to the Registrar and by the Registrar to the proper registry;

(c) communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between the Customer and the Registrar;

(d) records of the Customer's account, including dates and amounts of all payments and refunds;

(e) the IP addresses of the primary nameserver and any secondary nameservers for the domain name;

(f) the corresponding names of those nameservers;

(g) the name, postal address, email address, voice telephone number, and where available, fax number of the zone contact for a domain name;

(h) the expiration date of a domain name registration; and

(i) information regarding all other activity between the Customer and the Registrar regarding the Customer's use of the Services (collectively “Other Information”).

27. In respect to Hong Kong Domain Names, the Customer agrees that the Registrar may provide the User Information and the Other Information to the Hong Kong Registry Operator to process the Customer's registration or renewal application.

28. In respect to gTLDs, the Customer agrees that the Registrar may provide the User Information and the Other Information to the ICANN Registrar to process the Customer's registration or renewal application.

29. In the event that

(a) in applying for the registration of a domain name the Customer is providing information about a third party; or

(b) Customer licenses a domain name registered in the Customer's name to a third party,

(c) the Customer hereby represents and warrants that the Customer has:

1 (i) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and

2 (ii) that the Customer has obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.

30. The Customer acknowledges and agrees that wilfully providing inaccurate or unreliable information or wilfully failing to update information promptly will constitute a material breach of this Agreement that will be a sufficient basis for cancellation of the Customer's domain name registration by the Registrar. The Customer further acknowledges and agrees that the Customer's failure to respond for over 15 calendar days to inquiries made by the Registrar concerning the accuracy of contact details associated with the Customer's domain name registration shall constitute a material breach of this Agreement and will be a sufficient basis for cancellation of the Customer's domain name registration by the Registrar.

31. The Customer acknowledges and agrees that, subject to the Privacy Policy, the Registrar may make available information the Customer provides or that the Registrar otherwise maintains to such public or private third party as applicable laws require or permit. The Registrar may, subject to the Privacy Policy, disclose personal information or information regarding the Customer's use of the Services or web sites accessible through the Services, if, in its sole discretion, the Registrar believes that it is reasonable to do so to satisfy laws, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating the Registrar’s terms of usage and user agreement; to operate the Services properly; or to protect the Registrar and the Registrar’s members.

32. The Customer hereby consents to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by the Customer in connection with the registration of a domain name or use of any Services (including any updates to such information), whether during or after the term of the Customer's registration of a domain name or other services. The Customer further acknowledges that the Registrar may use certain of the information provided by the Registrar regarding the Customer's domain name registration or renewal application in a manner consistent with the Registrar’s terms of usage and user agreement. The Registrar will only provide that information necessary to process the Customer's registration. The Customer hereby irrevocably waives any and all claims and causes of action the Customer may have arising from such disclosure or use of information provided by the Customer by the Registrar.

33. The Registrar will not process data about any identified or identifiable natural person that the Registrar obtains from the Customer in a way incompatible with the purposes and other limitations which the Registrar describes in this Agreement.

34. The Registrar will take reasonable precautions to protect the information it obtains from the Customer from loss, misuse, unauthorised access or disclosure or use, or alteration or destruction, of that information. The Registrar will have no liability to the Customer or any third party to the extent such reasonable precautions are taken.

35. Communications with the Registrar are not private and may be published either in their entirety or in edited form at any time, at the sole discretion of the Registrar.

36. The Customer acknowledges and agrees that, the Registrar owns all database, compilation, collective and similar rights, titles and interests worldwide in the Registrar’s proprietary information databases and all information and derivative works generated from those databases.

37. Additionally, the Customer hereby grants to the Registrar a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in its business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction (other than as set out in this Agreement) the following information:

(a) the original creation date of a domain name registration;

(b) the expiration date of a domain name registration;

(c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for a domain name registration;

(d) any remarks concerning a registered domain name that appear or should appear in a WHOIS or similar database; and

(e) any other information the Registrar generates or obtains in connection with the provision of the Services. The Registrar does not have any ownership interest in the Customer's specific personal registration information or other information other than its rights in its domain name database, as set out in this Agreement.

38. The Customer agrees that, if the Customer is acting as an agent for someone else, the Registrar is entitled to assume that the Customer has been duly appointed; and that the Customer has authority to exercise the powers and perform the duties customarily exercised or performed by that kind of officer or agent of a similar company.

39. The Customer accepts liability for harm caused by wrongful use of the Services. The Customer agrees that if the Customer licenses the use of a domain name registered in the Customer's name to a third party, the Customer nonetheless remains 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 the Customer's 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.

40. As further required by ICANN, the Customer shall accept liability for harm caused by wrongful use of the domain name, unless the Customer promptly discloses the identity of the licensee to a party providing the Customer with reasonable evidence of actionable harm.

41. The Registrar’s delivery of the Services depends upon its computer system and the computer system of the ICANN Registrar, the .hk registry operator, HKDNR and the gTLD registry, all of which are responsive to the demands of the domain name registration process. Occasionally, the Registrar’s computer system or the computer systems of ICANN Registrar, the .hk registry operator, HKDNR or the gTLD registry are subjected to exceptional volumes of incoming domain name registration requests, electronic mail messages, and/or WHOIS queries that result in significant degradation of the Registrar, ICANN Registrar’s, the .hk registry operator’s, HKDNR’s or the gTLD registry’s system processing and response time. Regardless of the reason, in those instances when there is system performance degradation as the result of an extremely large volume of incoming electronic messages, the Registrar reserves the right, in its sole discretion, to filter or block electronic messages originating from the identified sources of the high-volume traffic. The Registrar will selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. The Registrar further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.

42. The Customer agrees that the Registrar will not be liable, under any circumstances, for any:

(a) suspension, loss, or modification of the Customer's domain name registration;

(b) use of the Customer's domain name registration;

(c) interruption of business;

(d) access delays or access interruptions to this site or the web site(s) accessed by the domain name registered in the Customer's name;

(e) data non-delivery, misdelivery, corruption, destruction or other modification;

(f) events beyond the Registrar’s reasonable control;

(g) the processing of the Customer's domain name application or other service application; or

(h) application of any relevant dispute policies or any other ICANN (or similar governmental or successor organisation) adopted policies.

43. The Registrar also will not be liable for any indirect, special, incidental, exemplary, multiple 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 Registrar has been advised of the possibility of such damages. The Registrar’s maximum aggregate liability under this clause shall not exceed the total amount paid by the Customer for the services.

44. The Customer agrees to defend, indemnify and hold harmless the Registrar for any losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand related to :-

(a) the Customer's use of the Services, including, but not limited to, the Customer's application for registration, registration or renewal of any domain name registered in the Customer's name, and

(b) the Customer's use of any domain name registered in the Customer's name.

(c) This indemnification is in addition to any indemnification required under the UDRP or any similar policies.

45. The Customer represents that, to the best of its knowledge and belief, neither the registration of the domain name the Customer has applied for nor the manner in which it is intended to be or is directly or indirectly used infringes the legal rights of a third party, including any trademark rights anywhere in the world.

46. The Customer further represents and warrants that all information provided by the Customer in connection with the Customer's use of the services is accurate and current.

47. The Services are provided to the Customer on an "as is" basis. The Registrar 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.

48. Without any limitation to the above, the Registrar makes no representations or warranties of any kind whatsoever that registration or use of a domain name under this Agreement will immunise the Customer either from challenges to the Customer's domain name registration, or from suspension, cancellation or transfer of the domain name registered to the Customer.

49. The Customer acknowledges and agrees that the Registrar may suspend, cancel, transfer or modify the Customer's use of the Services at any time, for any reason, in the Registrar’s sole discretion.

50. The Customer also acknowledges and agrees that the Registrar may suspend, cancel, transfer or modify the Customer's domain name registration if it:

(a) materially breaches this Agreement (including any applicable additional rules or policies) and does not cure such breach within 5 calendar days of notice by the Registrar;

(b) uses the domain name registered to it to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet; or

(c) uses its domain name in connection with unlawful activity.

51. The Customer further acknowledges and agrees that its domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to the Customer's domain name registration, including, but not limited to

(a) the UDRP

(b) any ICANN-adopted policies;

(c)any HKDNR published policies;

(d)any registrar or registry administrator procedures; or

(e)any other ccTLD registry administrator procedures.

52. The Customer also agrees that the Registrar shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify the Customer's domain name registration at such time as the Registrar receives:

(a) a properly authenticated notification from a court of competent jurisdiction; or

(b) an arbitration award requiring the suspension, cancellation, transfer or modification of the Customer's domain name registration.

53. Agreement is governed by the law applicable in Hong Kong. The Customer and the Registrar agree to irrevocably and unconditionally submit to the nonexclusive jurisdiction of the courts of Hong Kong.

54. The Customer agrees that, unless other instructions are posted on the Registrar’s web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail return receipt requested, in accordance with the most current contact information the Customer has provided to the Registrar and the contact information for the Registrar posted on the Registrar’s web site. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

55. Waiver of any provision of or right under this Agreement:

(a) must be in writing signed by the party entitled to the benefit of that provision or right; and

(b) is effective only to the extent set out in any written waiver.

If the Customer has any questions relating to this Agreement, it may contact the Registrar at support@wopop.com.

56. The Customer agrees and acknowledges that domain is a virtual product, non-deliverable, and the customer has to login www.wopop.com to manage the domain.

57. For .com, .net domain, please submit the copy of the registrant’s personal ID or business registration certificate, otherwise the domain cannot be used. And no refund will be given.