西部数码 Domain Name Trading Service Agreement
Published: 2024-06-08
Contents
2. Conclusion, Effectiveness and Scope of Application of the Agreement
4. Buyer's Rights and Obligations
5. Seller's Rights and Obligations
6. 西部数码's Rights and Obligations
8. Force Majeure and Other Disclaimer
9. Jurisdiction and Applicable Law
10. Miscellaneous
Dear users, welcome to use 西部数码 domain name transaction services!
To better provide services to 西部数码 users and regulate the behavior of 西部数码 users, you should read and comply with the "西部数码 Domain Name Transaction Service Agreement" (hereinafter referred to as "this Agreement"); this Agreement is entered into between you and 西部数码 regarding the user's use of 西部数码 related services; "西部数码" refers to 成都西维数码科技有限公司 and its possible operational affiliates related to its services; "buyer" refers to the buyer who uses 西部数码 domain name transaction services, "seller" refers to the seller who uses 西部数码 domain name transaction services, and in this Agreement they are collectively referred to as "you";
Before accepting this Agreement, please carefully read and fully understand the contents of each clause. Regarding this Agreement, you are reminded to pay special attention to the limitation and disclaimer clauses, the clauses on 西部数码's determination of your violations and defaults, and the jurisdiction court clauses. If you have any questions about the terms of this Agreement, please consult through 西部数码 customer service center, and 西部数码 will explain the terms to you. If you do not agree to any content of this Agreement, or cannot accurately understand 西部数码's interpretation of the terms, please do not agree to this Agreement or use the services under this Agreement; otherwise, it indicates that you have accepted the terms and conditions below and agree to be bound by this Agreement. At that time, you shall not claim that this Agreement is invalid or request revocation of this Agreement on the grounds that you have not read the content of this Agreement or have not received answers from 西部数码 to your inquiries;
2. Conclusion, Effectiveness and Scope of Application of the Agreement
2.1 By confirming this Agreement on the 西部数码 platform or otherwise confirming this Agreement, including but not limited to using 西部数码 domain name transaction services without clicking to confirm this Agreement, it indicates that the user and 西部数码 have reached an agreement on this Agreement and agree to accept all the provisions of this Agreement;
2.2 This Agreement takes effect immediately upon the user's confirmation of this Agreement. If the user does not click to confirm this Agreement, but in fact has already used 西部数码 services or performed this Agreement, this Agreement will take effect at the time when the user's factual behavior first occurs;
2.3 This Agreement includes the main body of this Agreement and all rules, regulations, notices and announcements regarding 西部数码 services that have been issued or may be issued by 西部数码 in the future (hereinafter collectively referred to as "Rules"), all of which are an integral part of this Agreement and have the same legal effect as the main body of the Agreement;
3.1 西部数码 domain name transaction service applies network technology to provide buyers and sellers with a professional trading platform through the Internet;
3.2 "西部数码" refers to the company that provides users with the systems, technologies and related support required for activities such as domain name registration, domain name auction, domain name transaction, domain name query, domain name management, etc.Including but not limited to成都西维数码科技有限公司.
3.3 You may conduct related transaction display behaviors on the 西部数码 platform, such as publishing domain name transactions, querying domain name transaction information, participating in domain name transactions, displaying domain names, etc.;
3.4The scope of transactions provided by the 西部数码 platform is not limited by nationality or region;
3.5 Reconciliation platform: refers to the platform authorized by 西部数码 to provide reconciliation and settlement services for seller users, including but not limited to 成都西泰米农网络技术服务有限公司.
4. Buyer's Rights and Obligations
4.1 西部数码 reminds you that before you bid on or purchase a domain name, please check the current status of the domain name yourself;
4.2 You understand and guarantee that before purchasing a domain name, you have read and understood the rules of different types of transactions on the webpage. If you have any questions about the transaction rules, you may consult 西部数码 customer service center (customer service hotline: 400-667-9006);
4.3 You need to follow the transaction rules for different transaction types of 西部数码. If you have not carefully read the rules or have a misunderstanding of the rules, it cannot be used as an explanation for your non-compliance with the rules;
4.4 You understand and agree that the description of the domain name in the transaction information is for your reference only and is not used as an assessment of the actual domain name transaction;
4.5 You understand and agree that the relevant notices of 西部数码 only need to be published on the relevant web pages of 西部数码 to be deemed as having been notified;
4.6 You understand and agree that you shall provide 西部数码 with correct and accurate email, contact address or other contact details, and agree that 西部数码 may use the above information to contact you when necessary (see 西部数码's privacy policy);
4.7 You understand and agree that your transaction is completed under equal, authentic and lawful conditions between both parties, and 西部数码 as a platform does not make any commitments or guarantees regarding your transaction;
4.8 You understand and agree that the funds you use to pay for fixed-price domain name transactions shall be lawfully obtained, and you shall independently bear corresponding responsibility for illegal transaction activities caused by improper source of funds. Except as expressly provided by law, 西部数码 shall not be liable for this.
4.9 You understand and agree that if you fail to conduct a domain name transaction in accordance with the transaction process of the 西部数码 platform, any series of problems arising therefrom are unrelated to 西部数码;
4.10 The buyer guarantees that after becoming the holder of a fixed-price domain name, you will not engage in any illegal activities regarding the domain name, including:
(1) The application of the domain name will not infringe upon the rights and interests of any third party, the purchase of the domain name is not for malicious or any illegal purpose; the use of the domain name will not violate any relevant laws and regulations.
(2) You shall not use the entrusted purchased domain name to produce, copy, publish or disseminate any harmful information prohibited by laws and regulations. You guarantee that the use of the domain name will not spread malicious software, maliciously operate botnets, phishing, piracy, infringe trademarks or intellectual property rights, commit fraud or deception, counterfeit or forge, send spam emails or participate in other activities contrary to the law.
(3) Your direct or indirect use of the entrusted purchased domain name will not infringe upon the legal rights of others (e.g., the name rights, trademark rights and domain name rights of others).
(4) Other illegal acts prescribed by laws and regulations.
If the buyer violates the above provisions, 西部数码 has the right to block the domain name or freeze the buyer's business, balance under the member account of 西部数码, or take other necessary measures until resolution through legal channels.
5. Seller's Rights and Obligations
5.1 You understand and guarantee that when conducting domain name transactions, you shall comply with different types of transaction rules. 西部数码 has the right to supervise your transaction behavior. If the following behaviors occur, 西部数码 has the right to prohibit your transaction:
5.1.1 If the description of the domain name in the transaction information is false or misleading, 西部数码 has the right to cancel the transaction; if the domain name in the transaction has expired, or is a domain name that has been serverholded by the registry, 西部数码 has the right to prohibit your transaction, and for such domain names that have been successfully traded, 西部数码 has the right to revoke them;
5.1.2 Self-purchasing and self-selling is prohibited. 西部数码 has the right to take corresponding measures against such violations, including but not limited to delisting the domain name, closing the trading platform account, etc.;
5.2 You understand and guarantee that the description of the domain name in the published transaction information shall be clear, objective, accurate, not false or misleading;
5.3 You understand and agree that the relevant notices of 西部数码 only need to be published on the relevant web pages of 西部数码 to be deemed as having been notified;
5.4 You understand and agree that you shall provide 西部数码 with correct and accurate email, contact address or other contact details, and agree that 西部数码 may use the above information to contact you when necessary (see 西部数码's privacy policy);
5.5 You understand and agree that your transaction is completed under equal, authentic and lawful conditions between both parties, and 西部数码 as a platform does not make any commitments or guarantees regarding your transaction;
5.6 You understand and agree that the transaction information you publish is true and valid, and you guarantee that you have legal rights to the domain name, have complete ownership and disposal rights, and there are no disputes or conflicts;
5.7 You understand and agree that if you fail to conduct a domain name transaction in accordance with the transaction process of the 西部数码 platform, any series of problems arising therefrom are unrelated to 西部数码;
5.8 You need to follow the transaction rules for different transaction types of 西部数码. If you have not carefully read the rules or have a misunderstanding of the rules, it cannot be used as an explanation for your non-compliance with the rules;
6. 西部数码's Rights and Obligations
6.1 西部数码 will take necessary technical means and management measures to ensure the normal operation of domain name online transactions, provide a necessary and reliable trading environment and services, and maintain the normal order of domain name transactions.
6.2 西部数码 will take necessary technical measures to protect all user information data. Without the consent of the transaction parties, it shall not disclose, transfer, use or sell to third parties the information of the transaction parties and their transaction records and other materials and data involving business secrets of operators and personal information of users, except as otherwise provided by laws and regulations.
6.3 西部数码 will not review the transaction intentions of both parties, but has the right to review whether the fixed-price domain names published by sellers and their transactions are compliant. For non-compliant domain names and their transactions, 西部数码 has the right to delete or delist them and shall not bear any responsibility.
6.4 西部数码 has the right to determine on its own whether a transaction is abnormal and take appropriate measures. When an abnormal transaction is discovered, it has the right to terminate the transaction or declare the transaction invalid.
6.5 西部数码 has the right to treat violations arising during fixed-price domain name transactions as user defaults and to publicly sell the defaulted domain names.
6.6 西部数码 is only a service support platform that provides fixed-price domain name information and the publishing, selling and purchasing of fixed-price domain names, and is not the owner or holder of fixed-price domain names.
6.7 You understand and agree that 西部数码 will make the greatest effort to ensure the legality, validity and security of transactions; however, 西部数码 cannot foresee transaction risks at all times, including but not limited to: the authenticity and validity of the domain name holder's information, disputes or conflicts over the domain name itself, etc., and 西部数码 shall not bear any responsibility for any losses that may be caused to you as a result;
7.1 You understand and agree that 西部数码 will charge a handling fee based on the transaction type you choose;
7.2 You understand and agree that if you publish a domain name under other registrars on 西部数码, you must transfer the domain name to 西部数码 in order to complete the transaction. The cost of domain name transfer and taxes arising from the transaction shall be borne by you;
7.3 You understand and agree that 西部数码 reserves the right to modify the fee terms at any time without further notice; you should pay attention to and comply with them when using the domain name transaction services;
7.4 If you have any objections to the contents of the notices regarding fee settlement matters such as fee standards and service usage periods provided by 西部数码, you shall promptly notify 西部数码 in writing. 西部数码 will verify upon receiving your written notice; otherwise, it is deemed that you accept the contents of the notices regarding fee settlement matters provided by 西部数码, and both parties shall settle and pay fees in accordance with such notices;
8. Force Majeure and Other Disclaimer
8.1 You understand and agree that in the course of using this service, risk factors such as force majeure may be encountered, causing interruption of this service. Force majeure refers to objective events that cannot be foreseen, cannot be overcome and cannot be avoided and have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, plague epidemics and storms, as well as social events such as war, unrest, government actions, etc. When the above situations occur, 西部数码 will strive to cooperate with relevant units at the first time and make repairs in a timely manner, but 西部数码 shall be exempted from liability within the scope permitted by law for losses caused to you thereby;
8.2 You understand and agree that if network problems such as network disconnection or attacks occur, 西部数码 reserves the right to make corresponding adjustments;
8.3 Within the scope permitted by law, 西部数码 shall not be liable for service interruption or obstruction caused by the following circumstances:
8.3.1 Damage caused by computer viruses, Trojan horses or other malicious programs, or hacker attacks;
8.3.2 Failure of the computer software, systems, hardware or communication lines of the user or 西部数码;
8.3.3 Improper operation by the user;
8.3.4 Use of this service by the user in a manner not authorized by 西部数码;
8.3.5 Other circumstances that 西部数码 cannot control or reasonably foresee;
8.4 You understand and agree that in the course of using this service, you may encounter risks brought by network information or other user behaviors. 西部数码 shall not be liable for the authenticity, applicability or legality of any information, nor for damage caused to you by infringement or disputes over the domain name itself. These risks include but are not limited to:
8.4.1 Information from anonymous or impersonating others containing threats, defamation, or illegal content;
8.4.2 Being misled, deceived or otherwise suffering any psychological, physical harm or economic loss caused by others due to the use of services under this Agreement;
8.4.3 The domain name itself involves ownership disputes or transfer disputes;
8.4.4 Other risks caused by network information or user behavior;
8.5 You understand and agree that this domain name transaction agreement is not designed for certain specific purposes, including but not limited to nuclear facilities, military purposes, medical facilities, transportation and communications and other important fields. If failures of the above operations caused by software or services result in casualties, property losses or environmental damage, 西部数码 shall not bear legal liability;
8.6 西部数码 obtains the right to handle illegal or rule-violating content in accordance with this Agreement. This right does not constitute an obligation or commitment of 西部数码, and 西部数码 cannot guarantee the timely discovery of illegal acts or corresponding handling;
8.7 Under no circumstances should you readily believe online information involving borrowing, requests for passwords or other property-related matters; for operations involving property, please verify the identity of the other party first, and please regularly pay attention to 西部数码's tips on preventing fraud and crime;
9. Jurisdiction and Applicable Law
9.1 The place of signing this Agreement is Chengdu, Sichuan Province, People's Republic of China;
9.2 The conclusion, effectiveness, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the mainland of the People's Republic of China;
9.3 If any dispute arises between you and 西部数码, it shall first be resolved through friendly negotiation; if negotiation fails, you agree to submit the dispute to the competent people's court of the place where this Agreement is signed;
9.4The headings of all clauses in this Agreement are for convenience of reading only, have no actual meaning in themselves, and cannot be used as a basis for interpreting the meaning of this Agreement;
9.5If any provision of this Agreement is partially invalid or unenforceable for any reason, the remaining provisions shall remain valid and binding on both parties;
If you have any comments or suggestions regarding this Agreement or this service, you may contact 西部数码 customer service center (西部数码 customer service hotline: 400-667-9006), and we will give you the necessary assistance;
The content of this Agreement includes the above clauses and various rules that have been issued or may be issued by 西部数码 in the future. All rules are an integral part of this Agreement and have the same legal effect. When using this service, you have read, understood and accepted all the clauses and various rules of this Agreement, and undertaken to comply with various laws and regulations of China. If any legal liability arises due to violation, you will independently bear the corresponding legal liability in your own name.
For transaction types, transaction rules and fee collection, please refer to the following rules:
"Publishing Domain Name Transactions"
"Fixed-Price Transaction Rules"
"Fixed-Price Domain Name Signed Store Service Agreement"
"Expired Domain Name Registration"