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Users must promise not to transfer any illegal, sexual harassment, slanderous, the abusive nature, threatening, abusive, vulgar, obscene, and other information. FOLLOWING ARE THE TERMS ON WHICH DNBIZ OFFERS YOU ACCESS TO OUR WEB SITE AND SERVICES. This is the user agreement (the "Agreement" or "User Agreement") for your use of web sites owned or operated by, and services offered by, DNBIZ.Inc ("DNBIZ").This Agreement contains the terms and conditions ("T&C") applicable to your use of our services ("Service" or "Services") available under or through the domain, sub-domains(collectively, the "Site"). IF YOU ("YOU" OR "USER") DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS OUR SITE OR SERVICES. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use the Site or the Services or become a registered user of the Site. This Agreement is effective upon the earlier of: (i) your first use of the Site for any reason; (ii) acceptance of this Agreement by new registering users. 1. Eligible Users Use of the Site and Services is restricted to persons: (a) at least 18 years old, and (b)If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. If you are not yet 18, do not have the capacity to enter into contracts, if you are easily offended, or are accessing this Site from any country where material on this Site is prohibited or illegal, you do not have permission to access the Site or the Services. 2. Modification of This Agreement We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective at 12:01 am on the Effective Date. This Agreement may not be amended or modified except in a writing signed by you and DNBIZ. 3. Acceptable Use 3.1. User Accounts If you violate the Acceptable Use terms described herein, DNBIZ may, in its sole discretion, with or without notice, terminate your access to the Site and Services. You are allowed to create one (1) user account with DNBIZ. Your right to use the Site is personal to you. As a condition of your use of the Site, you warrant to DNBIZ that you will not use the Site for any purpose that is unlawful, or prohibited by this Agreement. Prohibited uses include, but are not limited to: competitive analysis (including copying and/or providing screen shots, which are copyrighted material owned by DNBIZ); data mining or scraping through the use of robots, spiders, or otherwise; and/or any use with the potential to infringe the rights of any third party. In addition, you hereby represent and warrant that: (a) you are an eligible user (see Section 1, Eligible Users); (b) you have provided accurate and complete information in connection with your registration and use of the Site (all such information collectively referred to as "Your Information"), and (c) you will update DNBIZ to ensure that Your Information remains accurate and complete. 3.2. Use of the Site and Services You may not use the Site or the Services provided through or in connection with the Site to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) conduct or forward illegal contests, pyramid schemes, or chain letters; (c) publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks," "hacks," or other programs written to defeat the security measures of any computer, system or programs); (d) sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that: (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold, would cause DNBIZ to violate any law, statute or regulation; (e)harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties; (f) restrict or inhibit any other user from using and enjoying its rights in the Services or the Site, interfering with or disrupting the Services or the Site service or servers or network connected to the Site; (g) use a Domain in connection with your use of the Site that is confusing or misleading to other Users or to the public; (h) email or otherwise transmit, distribute, publish or disseminate any "junk email," "Spam," "chain letters," "pyramid schemes," or any other form of duplicative or inappropriate solicitations or messages (commercial or otherwise); (i) violate the rights of any third parties, including, but not limited to, trademark, naming or publicity rights, or (j) violate any applicable government laws or regulations. DNBIZ does not condone or allow Spam. DNBIZ will cooperate with legal authorities and Internet service providers in releasing information about users who violate this Acceptable Use Policy. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Site, except as expressly provided herein. At all times, you remain solely responsible for Your Information 3.3. Privacy and Confidentiality Protecting your privacy and the personal information you provide us is a top priority at DNBIZ. For this reason, DNBIZ does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. At DNBIZ, we want our users to fully understand what information we collect, how we use this information, and the steps we take to protect your personal information. Please read the DNBIZ Privacy Policy, which is hereby incorporated by reference, to learn more about the policies and procedures DNBIZ has put in place to achieve this goal. You agree not to share any information provided to you by or on behalf of DNBIZ with any third party except as expressly permitted herein. If you sell or otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or services sold or otherwise distributed by DNBIZ via the Site or offered by the Site, you may not: (a) use or acquire, or have any other person use or acquire on your behalf, the products or services of the Services or the Site for which you offer competing or substitute products or services; or (b) advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with your use of the Services or the Site. DNBIZ is not obligated to monitor the content on the Site. However, with respect to the use of the Services or the Site, DNBIZ reserves the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in DNBIZ's sole discretion, without notice at any time. 3.4. Violations of Acceptable Use DNBIZ may elect to discontinue offering the Site or the Services, or any portion thereof, at any time for any reason, with or without advance notice. You are responsible for safeguarding the confidentiality of your password(s) and login name(s) issued to you by DNBIZ, and for any use or misuse of your account or the Services or the Site resulting from any third party using a password or login name issued to you. You agree that you will notify DNBIZ immediately of any known or suspected unauthorized use, breach of security, or violation of this Agreement, on or relating to the Site. 4. DNBIZ Fees Except as otherwise noted, creating a user account with DNBIZ is free. We do charge fees for our domain-related services and you are given an opportunity to review and accept the fees that will be charged in connection with certain Services. You are responsible for all applicable taxes (except for DNBIZ's income taxes), costs, hardware, software, services and all other costs and expenses related to the Services or your activity conducted through the Site. DNBIZ may, in its sole discretion, add, delete or change any of the Services provided or fees charged by DNBIZ. DNBIZ's standard fees and any changes will be posted to our Price List, and the applicable Services and fees will be binding on the effective date noted on the Price List. No advance notice is required for any prospectively-effective change in Services offered or fees charged therefore. Unless otherwise stated, all fees and currency amounts are quoted in Dollars. The fees charged for DNBIZ services that are specified by DNBIZ are considered to be end prices and are understood to include any applicable taxes. 5. DNBIZ Services Among other Services, DNBIZ and the Site serve as a trading platform as well as a separate Auction platform to allow Users to offer to sell and buy Domains, complete web sites, and/or web-based businesses (collectively, "Domains"). DNBIZ only gets involved in a resulting transaction to collect a fee for Services, or as otherwise agreed by all parties. 6.General Terms Applicable to Both Marketplace and Auction Platform 6.1. Domain Listing Rules The following Domain listing requirements and obligations apply to your use of DNBIZ's Domain Marketplace and Auction Platform: (a) The Seller agrees to set up a user account and to fill out the registration form completely and accurately. (b) Domains are the result of, and are subject to all of the conditions, limitations, and restrictions contained in, Domain registration agreements between the Seller and a third-party Domain registrar or other service provider. As such, the transferability of Domain registration may be limited, prohibited, or otherwise subject to conditions imposed by the Domain registrar or service provider. Nothing in this Agreement or on the Site shall be construed to imply that the Seller possesses any rights to a Domain beyond those specified in the Seller's agreement with the relevant Domain registrar or service provider. The term "Domain" as used herein, shall refer to any rights the Seller may possess with regard to the registration of a particular Domain under its Domain registration agreement with a Domain registrar or other service provider as well as any content available at or through a particular URL. (c) As a Seller of a Domain listed on the Domain Marketplace and/or Auction, you represent and warrant that: (i) you have registered the Domain with the appropriate Domain registrar or other registration authority; (ii) your registration of the Domain is current and not subject to deletion, cancellation, rescission, or deactivation by the applicable Domain registrar or other registration authority; (iii) you have not taken any action that would impair your ability or right to transfer the Domain registration and no such action has been taken against you; (iv) the Domain has not been used in such a manner as to infringe the rights of any third party, including, but not limited to, trademark, naming or publicity rights; (v) the Domain is not the subject of any legal disputes or proceedings challenging your right to register or use the Domain; (vi) you will accurately describe the subject listing; (vii) you own and have the right to sell the content, if any, listed as part of your Domain; and (viii) if your offer to sell and transfer the Domain is accepted, you will complete the transaction with a ready, willing, and able Buyer. You will not under any circumstances list or transfer the rights to any Domain that you do not have sufficient rights to transfer or that is illegal to transfer under applicable law. (d) The Seller agrees not to list any Domains which violate DNBIZ's Offensive Domain Name Policy, which is hereby incorporated by reference. DNBIZ may refuse to list, or remove the listing for, any Domain which, in DNBIZ's sole discretion, may potentially infringe or violate the proprietary rights of any third person or any other Domain, or which in DNBIZ's sole discretion, is inflammatory, offensive, inconsistent with DNBIZ's general policies or Acceptable Use terms, or otherwise may infringe any proprietary right of any third party. (e) The Seller of a Domain agrees not to enter a bid for his/her own offer and not to instruct other persons to do so. In addition, any user manipulation of Domain listing statistics is prohibited, including, but not limited to, manipulating or otherwise falsely inflating traffic statistics represented to Buyer during the course of negotiation or which are measured and displayed by DNBIZ. (f) You will not yourself, nor will you allow or enable another, to directly or indirectly interfere or attempt to interfere with the operations of the Site or the Services. (g) The Seller agrees to keep any data which he/she has added to the Domain Marketplace up-to-date. If a Domain has been sold, he/she is to remove it from the Marketplace. Furthermore, the Seller agrees to remove a Domain from the Domain Marketplace and/or Auction immediately if a warning has been issued, or as soon as any notice or knowledge has been received that the rights of a third party or applicable laws could be violated by the listing. This shall apply until legal clarification of the situation has been made. 6.2 Bidding Offers DNBIZ makes no representations or warranties regarding the features of Domains listed in the Domain Marketplace. This shall apply particularly, but not exclusively, to visitor statistics, traffic statistics, and the precise alpha-numerical composition of a Domain. If, during the course of an Open Bid Thread, a Customer makes an offer for the conclusion of a purchase and sale agreement, then he/she is bound to this offer for 168 hours, which corresponds to seven days from the time when the offer was rendered. Due to the binding nature of offers to purchase or sell Domains, Users should review the Domain listing to avoid mistake before submitting a binding offer. Mistake does not relieve a User from their obligations to purchase or sell a Domain once a binding offer has been accepted. The request shall lapse if the other User rejects the offer, accepts another User's offer, submits a counter-offer, or the binding time period is allowed to lapse. A belated acceptance of the offer or a counter-offer shall be considered to be a new offer. 7. Legal Relationship as Between DNBIZ, Buyer and Seller DNBIZ is neither owner of the Domains listed in the Domain Marketplace and/or Auction nor does it have any influence or control on the business conducted among Users of the Domain Marketplace and/or Auction. The responsibility for the content of Domain listings, including the accuracy of any statistics, whether measured and displayed by DNBIZ or otherwise, lies exclusively with the respective Sellers, Buyers, and users. DNBIZ shall not be liable for legal transactions or other acts of Domain Marketplace and/or Auction users. This also applies to any violations of rights of a third party through the listing of a Domain in the Domain Marketplace and/or Auction, in particular his/her/its intellectual property rights, rights of the use of a name, and trademark rights. Buyer and Seller agree that DNBIZ shall not be held responsible for the failure of either party to a purchase and sale agreement to follow-through with their obligations under such an agreement and that DNBIZ, as the neutral facilitator of the Domain Marketplace, Auction, and associated Services, shall not be subject to any claims arising from the attempted purchase and sale of Domains. 8. Liability Disclaimer and Indemnification DNBIZ is in no way responsible for the content of any web site owned or operated by a third party that may be linked to or from the Site via hyperlink, whether such hyperlink is provided by DNBIZ or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any web site to which the Site may link, including information on the web site regarding the DNBIZ Site. By providing access to other web Sites, neither DNBIZ nor its affiliates are recommending the purchase or sale of the stock issued by any company, nor are they endorsing products or services offered by any web site's sponsoring organization. YOU AGREE THAT USE OF DNBIZ'S SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. DNBIZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DNBIZ MAKES NO WARRANTY TO ANY PROSPECTIVE BUYER THAT THE DOMAINS LISTED BY SELLERS ON THE DNBIZ DATABASE HAVE IN FACT BEEN REGISTERED, OR THAT THE SELLERS ARE THE LEGAL OWNER OF SUCH DOMAINS, OR THAT THEY ARE AUTHORIZED TO ASSIGN/LICENSE SUCH DOMAINS. DNBIZ MAKES NO WARRANTY THAT THE BUYER MAY USE THE DOMAIN OR THAT THE SELLER MAY TRANSFER THE DOMAIN WITHOUT VIOLATING ANY RIGHTS OF A THIRD PARTY. DNBIZ MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES DNBIZ MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY DNBIZ IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM DNBIZ OR THROUGH THE SERVICES PROVIDED BY DNBIZ SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN. You agree that, regardless of any statute or law to the contrary, except as prohibited by law, any claim or cause of action arising out of or related to this Agreement, the Site, or DNBIZ's products or Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. IN NO EVENT SHALL DNBIZ, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). DNBIZ'S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. YOU AGREE TO INDEMNIFY AND HOLD DNBIZ AND (AS APPLICABLE) DNBIZ'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. 9. Intellectual Property All content, database information, data and services available on, and collected as a whole through this Site are property of DNBIZ, its affiliates, advertisers and its licensors and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by DNBIZ, its affiliates, advertisers, and licensors. DNBIZ's licensors' or other third party materials, services or products referenced on this Site are common law or registered trade marks or service marks of such parties. Solely to enable DNBIZ to use Your Information, so that we are not violating any rights you might have in such information, you agree to grant us a non- exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. DNBIZ will only use Your Information in accordance with our Privacy Policy. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, notify DNBIZ's designated agent in writing and provide the following information; your name; your email address; your mailing address; your phone number; the URL, path or other specific location where the allegedly infringing material is located; description of the allegedly infringed work, including (if available) the URL, path or other specific location where the copyrighted work may be found for comparison; and your relationship to the owner of the allegedly infringed work. Pursuant to European Law, notifications of claimed copyright infringement should be sent to DNBIZ's Designated Agent. See Section 10 (How to Contact DNBIZ). All contents of the Site are: Copyright © 2006 DNBIZ.com. All rights reserved. 10. Term and Termination Until and unless terminated by you or DNBIZ, your status as an eligible or registered user will continue indefinitely, and fees for services will be charged as described herein (see Section 4, Fees). DNBIZ may terminate this Agreement and your access to the Site and related Services at any time, with or without cause, and with or without notice. Upon termination of your right to use the Site, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in the Site or DNBIZ's systems. DNBIZ is under no obligation to maintain any such data or information. Your obligations pursuant to Section 3 (Acceptable Use), Section 4 (Fees), Section 6 (Liability Disclaimer and Indemnification), Section 7 (Intellectual Property), Section 8 (Term and Termination), and Section 9 (General) shall survive the termination of this Agreement and your right to use the Site. 11. General DNBIZ manages the Site from its offices in Cologne, Germany. This Agreement is governed by the laws of Cologne, Germany, without regard to its choice of law rules. You hereby consent to the jurisdiction of, and venue in, courts located in Cologne, Germany, in all disputes arising out of or relating to the Site. In addition, you hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by you against DNBIZ or its affiliates in any dispute arising out of or relating to the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DNBIZ as a result of this Agreement or use of the Site. DNBIZ's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of DNBIZ's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DNBIZ with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and DNBIZ with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DNBIZ with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, and any such printed, true, and accurate copy shall be deemed an original document for evidentiary purposes. Any failure of DNBIZ to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense your rights hereunder to any third party. At any time, DNBIZ may, in its sole discretion and without providing notice or obtaining your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder.
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© 2005 DNBIZ [ DnBiz.com ]
ICP NO.06011218
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Address:9th Floor Shengjia Building, No.400 Shaoxing Road, Xia cheng District, Hangzhou, China Postcode: 310004