NameLot

NamePros User Agreement

Last revised November 26, 2019

This NamePros User Agreement ("Terms", “Terms of Service”) is a legally binding contract between the providers ("We", "Us", "Our") of the website, products, services, software, email notifications, and any related media channels provided by Us (collectively, the "Services") and the user ("You", "Your", “Yourself”, "Visitor", “Accessor”) of the Services. Any use (e.g., visiting) of the Services means You agree to the Terms. If You do not agree to be bound by the Terms, do not use or visit the Services.

We are not responsible for any user-generated content and accounts, including any information, text, links, images, audio, videos, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Content submitted express the views of their author only.

Content on the Services is for educational purposes only and is not a substitute for individualized advice from a qualified legal practitioner. Communications on the Services are not privileged communications and do not create an attorney-client relationship.

You agree to take full responsibility for all Content You submit to the Services. You agree to assume any losses and/or liabilities that result from Your Content.

The forum software of the Services uses the word staff to indicate team members of the Services (“Staff”). Staff does not indicate employment or official representation of Us. Staff (e.g., moderators) are mostly volunteers or contracted to do specific tasks. They often use their personal accounts as regular users and as Staff. Content and opinions from volunteers and contracted Staff are their own, not those of Us, and they take full responsibility for their own Content unless they are actively paid by Us at the time and following explicit instructions from Us to complete assigned tasks. This might not include Our actively-paid employees when they’re posting authorized Content in accordance with their assigned duties.

You understand that We are not a publisher of Content on either Our forums or Our marketplace. There are thousands of new pieces of user-generated Content created every day on the Services. We do not moderate or see most Content. You may report Content that is in violation of the Terms.

You agree to not use the Services to submit or link to any Content that is abusive, unlawfully defamatory, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content (except in explicitly designated areas), risks copyright infringement, encourages unlawful activity, or otherwise violates any laws.

We reserve the rights to remove or modify any Content submitted for any reason without explanation. Requests for Content to be removed or modified will be undertaken only at Our sole discretion.

You agree not to hold Us liable for any loss that may result from the use of the Services. Sellers, re-sellers, brokers, and buyers’ liabilities regarding offerings, such as items or products, are their respective responsibilities and absolve Us of any liability.

We reserve the right to reclaim usernames from inactive accounts that have not been accessed for prolonged periods of time (e.g., more than 24 months) and reclaimed usernames may be released for availability to the community.

We reserve the right to revoke or repurpose an account's username at any time.

We reserve the right to take action against any account, Visitor, or user, including You, using the Services at any time for any reason. This may include restricting, blocking, or banning the account, Visitor, and/or user, including You.

You are granting Us with a non-exclusive, permanent, irrevocable, unlimited license to use, publish, or re-publish Your Content in connection with the Services. You retain copyright over the Content.

You agree to follow all guidelines, expectations, and official rules (collectively, the “Rules”) posted by Staff, as interpreted by Us. Rules apply throughout the Services, even when not readily displayed. This includes refraining from any effort to circumvent the Rules, Terms, or automated systems of the Services. Whether any activity is in violation of a rule or guideline is at Our sole discretion. Every user and You are expected to follow the Rules, but We cannot guarantee that they will do so. We do not guarantee that any Rules will be enforced or how they will be enforced.

You agree to create only a single account. This includes banned accounts, accounts created on behalf of business entities, and any other account that may be created by a single entity. Exceptions are made for accounts in good standing with active Gold subscriptions and upon request in advance for special circumstances, at Our sole discretion.

User accounts are for exclusive use by the individual or entity that created the account; they are not "owned" by anyone. You agree to not license, transfer, sell, or assign Your user account without written approval from NamePros Management. You are responsible for Your password and the activity that occurs through Your account. You may not share an account with other people without written approval from NamePros Management. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, the creation of an account for anyone other than Yourself is prohibited.

You agree not to use Tor, a VPN, SOCKS, or any other proxying mechanism ("proxy") that masks Your computer's identity on the Internet ("IP address") unless such a proxy is necessary to access the Services. If You require the use of a proxy for another reason, You agree to obtain written permission from Us before posting any content via the proxy, and within 24 hours of Your first use of the proxy to access the Services. If the request is denied, or remains unanswered/indeterminate for more than 72 hours, You agree to cease using the proxy to access the Services unless You are later granted written permission stating otherwise. Under no condition will You deny the use of a proxy if You are using or have used one, nor will You refuse to provide accurate information in a timely fashion about the proxy, when the proxy was used, or Your real IP address, when asked for such information by Staff, even if You have been granted written permission to use a proxy or must use a proxy to access the Services. Requests for permission to use a proxy should be e-mailed to [email protected]. You are granted implicit permission to use proxies as necessary if You are accessing the Services from within Iran or mainland China.

You agree to allow Us to track Your usage of the Services in an effort to prevent fraud, abuse, and/or illegal activities. You will not attempt to impede, evade, or mislead Our abuse-oriented tracking. This includes actions such as clearing cookies or Your browser cache to clear tracking information. By You creating an account, logging into an account, and/or using the Services as a registered user, You grant Us irrevocable permission to use tracking methods resilient to obstruction ("Persistent Tracking"); this may involve storing information ("Persistent Tracking Information") on Your computer that is difficult to view and/or remove. Persistent Tracking is used to prevent fraud, abuse, and/or illegal activities; it is not used for marketing or demographics, and information obtained through Persistent Tracking is governed by Our Privacy Policy. Information obtained through Persistent Tracking will not be sold to third parties and will only be released to third parties as necessary to prevent fraud, abuse, and/or illegal activities. Examples of Persistent Tracking methods include ETag pseudo-cookies and Flash-based local storage objects (LSOs). If You object to Persistent Tracking for the prevention of fraud, abuse, and/or illegal activities, You must not use the Services as a registered user. We may interpret attempts to hinder the effectiveness of Persistent Tracking as malicious activity and/or intent to defraud.

You may not make unauthorized use of, reproduce, prepare derivative works of, distribute copies of Our copyrights, trademarks or any confusingly similar marks, design rights, patents, or other intellectual property rights (registered and unregistered) including, but not limited to Our graphics, text, website compilation, photographs, images, software, code, video, audio, and advertisements supplied by Us or Our licensors, except when granted written permission by NamePros Management. This does not apply to user-generated content as long as proper citation and judicious restraint is used.

You agree that You are at least 13 years of age at the time of creating Your account and at least 18 years of age when using the marketplace.

You agree that all of Your registration information is accurate when You created Your account and that You will maintain the accuracy of such information.

You agree that We reserve the sole right to choose binding arbitration to resolve any legal or equitable dispute relating to Your use of the Services. You understand that you may be waiving Your right to a trial depending on Our sole discretion. A trial is only possible if We choose that option.

You agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, and province or territory determined solely by Us to resolve all legal matters.

The current Terms supersede all past and existing agreements. We may change the Terms at any time without explicit notice. Your use of the Services after modifications to the Terms constitutes that You agree to them.

You agree to abide by all international and federal regulations in the United States. Your region may enforce additional restrictions that apply to Your use of the Services.

If any portion(s) or clause(s) of the Terms is/are deemed invalid or unenforceable, then those portion(s) or clause(s) will be updated in accordance with the tenor of the Terms, and to the reasonable extent necessary for enforceability. If no such change is possible, then those portion(s) or clause(s) shall be severed and the remaining portion(s) and clause(s) of the Terms will remain in effect and enforced.

Our failure to enforce any right or provision of the Terms will not operate as a waiver of such right or provision.

If You do not agree with the Terms and Privacy Policy, do not use the Services.

Return and Refund Policy

Digital purchases are not physical items and therefore cannot be returned.

All purchases from Us are non-refundable but may be refunded at Our sole discretion. You can request a refund by visiting the Contact Us page on the Services.

Subscriptions for upgraded accounts can be cancelled by subscribers at any time by visiting Account Upgrades.

Payment Processing

We use a third party payment processor, Stripe™ (https://www.stripe.com/), for some credit card purchases and subscriptions. Stripe accepts most major credit cards from anywhere in the world. Stripe is PCI/PCI-DSS Compliant, utilizes CVC verification technology, and safeguards Your data with the latest protection technologies. We do not store Your financial information; Stripe handles Your financial data in a secure manner. For more information, review Stripe's Privacy Policy (https://stripe.com/privacy) to learn how they keep Your personal data safe and secure.

Stripe is solely responsible for protecting all data in their possession. Stripe will maintain commercially reasonable administrative, technical, and physical procedures to protect all of the personal information regarding Your purchase transaction(s) that are stored on their servers from unauthorized access and accidental loss or modification.

Stripe will only process card transactions that have been authorized by the applicable Card Network or card issuer. Stripe may add or remove one or more types of cards as a supported payment card type at any time.

Stripe reserves the right to not authorize or settle any transaction You submit that they believe is in violation of Our Terms, a Stripe agreement, or exposes You, Us, Stripe, other Stripe users, other users of the Services, or Stripe's processors to harm, including but not limited to fraud and other criminal acts. You are hereby granting NamePros and Stripe authorization to share information with law enforcement about You, Your transactions, or Your account if they reasonably suspect that Your use of Stripe through NamePros has been for an unauthorized, illegal, or criminal purpose.

You are responsible for paying for each subscription billing period in advance. Chargebacks, disputes, inaccurate information, fraud, or other billing difficulties may result in Your account being banned or suspended, at Our sole discretion. If access to Your account is revoked for any reason, You will not be refunded.

As our users come from a wide range of geographical regions with varying types of technology, We do not guarantee accessibility or uptime. We will do Our best to provide a reasonable degree of technical support at Our discretion. To ensure that You retain full access to the site, We recommend that You only use up-to-date web browsers and operating systems (https://www.namepros.com/namepros/billing/browsers.php).

Digital Millennium Copyright Act (DMCA)

We reserve the right to redistribute and/or publicize any communication regarding DMCA takedown requests, regardless of any confidentiality statements in documents, e-mails, or other communications. We do not agree to any confidentiality agreements in DMCA- and intellectual property-related communications, and are declining up front. Confidentiality notices in e-mails, letters, and other communications regarding such matters will not be honored. By communicating with us regarding any DMCA or intellectual property matters, You agree to forfeit confidentiality.

By contacting Us about DMCA takedown requests, copyright infringement, and/or other intellectual property matters, You agree to forfeit all confidentiality, regardless of any notices requesting otherwise.

DMCA takedown requests should be sent to [email protected]. Requests sent elsewhere are still subject to the above Terms.

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