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This Agreement (the "Agreement") between
NamesDirect.com Ltd. ("NamesDirect.com") and you (the "Applicant")
contains the following terms and conditions:
The Applicant will pay the initial registration
fee (as posted on www.namesdirect.com) to NamesDirect.com
as soon as the domain name registration application has been
submitted, and the credit card charges are approved through
the appropriate channels.
By submitting a domain name registration
application the Applicant agrees to be bound by this Agreement,
the Registration Service Agreement as found here,
the Uniform Dispute Resolution Policy as found here and
all Terms and Conditions of any Partner Services utilized
by the Applicant. It is the Applicant's responsibility to
review the Terms and Conditions of NamesDirect.com's Partner
Services before utilizing the services.
All fees paid to NamesDirect.com are non-refundable
and non-transferable.
Once registered, the Applicant assumes
all responsibility for any future obligations, trademark
disputes, maintenance fees etc. required to maintain or to
modify a domain name.
The Applicant warrants to NamesDirect.com
that the details submitted by the Applicant to NamesDirect.com
are true and correct, and that future additions or alterations
to those details will be true and correct.
Chargeback Policy:
In the event of a disputed credit card
charge resulting in a chargeback of the purchase of a domain
name, NamesDirect.com reserves the right to suspend all service
to the Applicant's domain until the domain is paid in full.
1. NamesDirect.com will not guarantee that
the domain name being applied for will be registered for
the applicant.
2. Only valid credit cards will be billed
automatically by NamesDirect.com.
3. NamesDirect.com will only accept credit
card form of payment to successfuly register domain names.
4. NamesDirect.com does not accept the
responsibility for the use of any domain name for any conflict
with trade marks, registered or unregistered, or with rights
to names in other contexts.
5. NamesDirect.com will attempt to avoid
the registration of domain names that are potentially disputable,
but will not be held responsible in the event that a dispute
does arise. NamesDirect.com is entitled to reject an application
which NamesDirect.com considers as being unsuitable or likely
to be involved in a trade mark dispute.
Termination Policy:
Any misuse of NamesDirect.com resources
that disrupts the normal use of the system is strictly prohibited.
Such system abuse may lead to termination of the account
without notice. Examples of such system abuse include, but
are not limited to, consuming excessive amounts of disk storage
or main memory or CPU for long periods of time, spawning
many processes that consume resources, or the like. Any attempts
to penetrate NamesDirect.com security will result in the
termination of the Customer's account(s) without notice,
as well as notification of appropriate law-enforcement and
government agencies.
We reserve the right, in extreme circumstances,
to revoke without refund any domain name services which,
in our judgment, has been used for any unlawful purpose,
including theft of e-mail service, or as a source of unsolicited
bulk e-mail or as an address to use for replying to unsolicited
bulk email. This policy also applies to Usenet Spam (off-topic,
bulk posting/cross-posting, advertising in non-commercial
newsgroups, etc.). This will not apply to e-mail return addresses
used without the owners knowledge or consent, however.
The Applicant agrees to use the services
provided by NamesDirect.com only for lawful purposes. The
Applicant will not use these services to conduct any business
or activity or solicit the performance of any activity that
is prohibited by law. The following violations of "netiquette" are
grounds for immediate suspension of service pending investigation
by NamesDirect.com and will result in termination of the
Customer's account(s) if an investigation determines that
the customer has originated or is any way responsible for
such violations:
1. Posting a single article or substantially
similar articles to an excessive number of newsgroups (i.e.,
more than 5) or continued posting of articles which are off-topic
(e.g., off-topic according to the newsgroup charter or the
article provokes complaints from the readers of the newsgroup
for being off-topic) using a NamesDirect.com hosted domain.
2. Sending unsolicited mass emails (ie.
to more than 10 individuals, generally referred to as Spamming)
which provokes complaints from the recipients.
3. Engaging in Spamming from any provider
and using a NamesDirect.com hosted domain name as a response
address.
4. Harassment of other individuals utilizing
the Internet after being asked to stop by those individuals,
a court, a law-enforcement agency and/or NamesDirect.com.
5. Impersonating another user or otherwise
falsifying ones user name for fraudulent purposes in email,
Usenet postings, on IRC, or with any other Internet service.
6. Using a NamesDirect.com hosted domain
to point to or otherwise direct traffic to any material that,
in the sole opinion of NamesDirect.com, is associated with "email
spamming", adult material, nudity, warez or links to warez
material, in violation of copyright law, material legally
judged to be threatening or obscene or any other use that
in the sole opinion of NamesDirect.com, is considered a misuse
of service.
NamesDirect.com reserves the right to reject
any email to or passing through a NamesDirect.com hosted
domain or any NamesDirect.com computer from any user, domain,
provider, IP address/netblock, or company that engages in,
permits, or allows itself to be used for Spamming as defined
above.
When changing registrars or transferring
ownership of a domain name, the Applicant will need to supply
NamesDirect.com with the information requested in our Transfer
Your Domains section.
A domain name can only be modified/transferred
by one of the contacts listed under the registered domain
name.
Disputes between Domain Name Holders and
Third Parties:
NamesDirect.com neither acts as arbiter
nor provides resolution of disputes between Applicants and
third party complainants arising out of the registration
or use of a domain name. In case of a dispute as to the rights
to a particular domain name registration, NamesDirect.com
shall have no role or responsibility other than to provide
the contact information to both parties. In the event of
dispute of ownership or control of a domain, Applicant agrees
to be bound by the terms and conditions of the Uniform Dispute
Resolution Policy. This policy does not limit the administrative
or legal procedures NamesDirect.com may use when third-party
conflicts arise. NamesDirect.com shall have the right to
revoke, suspend, transfer or otherwise modify a domain name
registration at such time as NamesDirect.com receives a properly
authenticated order from a court of competent jurisdiction,
or arbitration award, requiring the revocation, suspension,
transfer or modification of the domain name registration.
Disclaimer:
NamesDirect.com at its sole discretion,
may change the terms, conditions and operation of this Web
site (the "Site") at anytime.
By using this service the user agrees to
the terms of this disclaimer and further waives any rights
or claims it may have against NamesDirect.com.
The content available through the Site
is the sole property of NamesDirect.com or its advertisers,
suppliers or licensors and is protected by patent, copyright,
trademark and other intellectual property laws. Except as
otherwise explicitly agreed in writing, NamesDirect.com-owned
content received through the Site may be downloaded, displayed,
reformatted and printed for your personal, non-commercial
use only. Content owned by NamesDirect.com advertisers, suppliers
or licensors may be subject to additional restrictions. You
agree not to reproduce, retransmit, distribute, disseminate,
sell, publish, broadcast or circulate the content received
through the Site to anyone, including but not limited to
others in the same company or organization without NamesDirect.com's
express prior written consent. NamesDirect.com's services
are not to be resold without prior written permission.
The Applicant hereby agrees to defend,
indemnify and hold harmless
(i) NamesDirect.com, its officers, directors,
employees and agents;
(ii) the Internet Corporation for Assigned
Names and Numbers ("ICANN"), its officers, directors, employees
and agents;
(iii) Network Solutions Inc., ("NSI") and
its directors, officers, employees and agents acting in such
role, or such other entity as may come to act as registry,(collectively,
the "Indemnified Parties"), for any claims, action, demand,
liabilities, losses, costs, expenses or damages awarded by
a court of competent jurisdiction, including reasonable legal
fees and expenses, arising out of, resulting from or related
to the registration or use of a domain name. Such claims
shall include, without limitation, those based upon trademark
or service mark infringement, tradename infringement, dilution,
tortious interference with contract or prospective business
advantage, unfair competition, defamation or injury to business
reputation. Each Indemnified Party shall send written notice
to the Applicant of any such claim, action, or demand against
that party within a reasonable time. The failure of any Indemnified
Party to give the appropriate notice shall not affect the
rights of other Indemnified Parties. NamesDirect.com recognizes
that certain educational and governmental entities may not
be able to provide complete indemnification.
If the Applicant is
(i) a governmental or non-profit educational
entity, and
(ii) not permitted by law or under its
organizational documents to provide indemnification, the
Applicant must notify NamesDirect.com in writing and, upon
receiving appropriate proof of such restriction, NamesDirect.com
may provide an alternative provision for such a Applicant.
WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS
PROVIDE THE NAMESDIRECT.COM WEB SITE AND OUR SERVICES "AS
IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED.
WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA
AND/OR INFORMATION RESIDING ON ANY NAMESDIRECT.COM COMPUTER,
OR COMPUTER SYSTEM ACCESSED THROUGH NAMESDIRECT.COM. WE AND
OUR ADVERTISERS, SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM
ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES,
SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER
LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
WITHOUT LIMITING THE FOREGOING, NAMESDIRECT.COM
SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL,
INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR
DAMAGES OF ANY KIND, OR LOST OR IMPUTED PROFITS OR ROYALTIES
ARISING OUT OF THE USE OF THIS SITE OR ANY GOODS OR SERVICES
PROVIDED, OR ANY LOSS OF OR USE OF CUSTOMERS DOMAIN NAME,
OR INTERRUPTION OF BUSINESS, WHETHER FOR BREACH OF WARRANTY
OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER
LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE
AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER
YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS
OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE
EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.
YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT
AND SERVICE PROVIDERS MAY ADVERTISE THEIR PRODUCTS AND SERVICES
ON THE NAMESDIRECT.COM WEB SITE AND THAT NAMESDIRECT.COM
MAY FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS
FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF
THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE
AND AGREE THAT AT NO TIME IS NAMESDIRECT.COM MAKING ANY REPRESENTATION
OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES,
NOR WILL NAMESDIRECT.COM BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD
PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE
ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST NAMESDIRECT.COM
WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE
MAXIMUM EXTENT PERMITTED BY LAW.
NamesDirect.com reserves the right to interrupt
service periodically, and without notice, for maintenance.
NamesDirect.com will do its utmost to provide service 24
hours a day, 7 days a week.
Customers acknowledge and agree that this
Policy may change from time to time and that, upon thirty
(30) days posting on the NamesDirect.com website, NamesDirect.com
may modify or amend this Policy and that such changes are
binding upon the Customer. If you do not agree with these
terms, conditions, and policies please contact customer support to
terminate your account.
Failure to comply with this Policy may
result in termination of your account(s) with no refunds
offered.
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