TERMS OF USE/REGISTRATION AGREEMENT
THIS AGREEMENT HAS A PROVISION FOR ARBITRATION OF DISPUTES BETWEEN THE PARTIES.
1. INTRODUCTION
In this Registration Agreement ("Agreement"),"Registrant" "you" and "your" refer to the registrant
listed in the WHOIS information for the domain name, "Registrar", "we", "us" and "our" refer to 1
MORE NAME, and our registrars. Any one of which will be the registrar for your domain name and all
of which share common ownership, common terms and conditions, and a Shared Services arrangement.
To see which registrar your domain name is registered to you can perform a
WHOIS lookup at
NamePal WHOIS.
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1.1 Our domain registrations will successfully end up at any of our registrar’s, so we can maximize
the chance of successful registrations we leverage a network of multiple registrars.
The backordered domain may be registered through any one of these registrars therefore we do not
guarantee that the registration will occur at any specific registrar. Subject to registry/registrar
requirement’s, you may subsequently transfer any backordered domain to a registrar of your choice.
If you wish to transfer your domain please follow :
ICANN transfer policy requirements, (Usually a 60 day wait period).
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1.2 Any acceptance of your account(s) for our services and the performance of our services will
occur at our office 1755 Telstar dr, Suite 114, the location of our principal place of business.
2. ELGIBILITY
Our services are only available to the public who will abide by the terms of use which is applicable with
the law. Any child under the age of 18 is strictly prohibited to participate in this event. If you do not
meet these qualifications please do not use our services. By using this site you acknowledge that you
are of legal age, (or over the age of 13 with parent consent to participate). You must agree to the laws and regulations required by law to use our services.
3. PRIVACY ACT
We understand that you and your Information is one of our most important assets. If you disagree with
your information being used or transferred in this way you can opt out of our service(s) at any time
by replying "unsubscribe" to
[email protected]. Your service will then be terminated with us where you
would have to remake an account with us if you do agree to our services.
4. INDEMNITY
You agree to release, indemnify, and hold
NamePal.com, our partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising from your domain name registration or use of your domain name or other services provided hereunder.
In addition, you agree to indemnify and hold harmless VeriSign Naming and Directory Services (VNDS) and its directory, 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 your domain name registration.
5. YOUR AGREEMENT
By using the Services, you agree to all terms and conditions of this Agreement, the Uniform Dispute Resolution Policy (UDRP) , and any rules, policies, or agreements published in association with specific Services and or which may be enforced by the Internet Corporation for Assigned Names and Numbers ("ICANN"), any registries, or governments.
6. CHANGES TO THIS AGREEMENT
This agreement will change overtime with response to changes in modifications by us, ICANN policy, or applicable law which may or may not be reflected in the text of this agreement. Before any material changes to this agreement becomes required on you (other than changes in ICANN policy or applicable law). You will be notified of such changes through your email address we have of record. When such changes take place and you no longer agree to these terms of this agreement, (A) You can transfer your domain name to any ICANN accredited registrar, or (B) you can cancel your domain registration services with us. If you continue to use our services after being notified of such changes, indicates your consent/agreement to such changes. Any such revision or change will be binding and effective within 30 calendar days of the date on which the changes to the agreement were posted to the website, unless immediately if such change is a result of a new or amended ICANN policy or applicable law.
7. REGISTRANT'S RIGHTS AND RESPONSIBILITIES
ICANN has established a webpage that explains the importance of the registrant’s rights and responsibilities. This link provides a summary of the terms related to the Rights and Responsibilities as set out in the Registrar Accreditation Agreement (RAA) to be able to post on registrar websites. Most of the terms do not specifically relate to registrant’s, but those terms are included for a better understanding of registrar/registrant relations.
Rights and Responsibilities
8. YOUR ACCOUNT
You must create an account to use our services (Account). Your account is typically created for you when you purchase a domain name from one of our current registrars. You are fully responsible for maintaining, updating, securing, and keeping your Login information confidential.
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8.1 In order to manage/change any of your account information including the WHOIS information, you
will have to access your account. You are at your own risk with your account access information,
any person in possession of your account login information will have the ability and authorization to modify your account and domain name information included but not limited to (A) initiate transfers of your domain name, (B)update DNS changes to your domain name, (C) Update WHOIS information which would terminate your rights to use such domain name(s).
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8.2 Sharing of whois information.
All domain information you provide will be available to the public unless posted otherwise. The registry administrator(s), ICANN, any ICANN-authorized escrow service, and any third party will be provided all WHOIS information for their databases.
9. EXPIRATION AND RENEWAL OF SERVICES
Subscriber acknowledges and confirms that the obligation to renew his/her/its Domain(s) is solely and exclusively
the responsibility of the Subscriber, and is not the obligation (contractual or otherwise) of NamePal.
Subscriber hereby releases NamePal from any and all liability for failure for any reason to renew said
Account or said Domain(s). Subscriber acknowledges that there may be many reasons why NamePal is unable to
renew said Account or Domain, including but not limited to inability of NamePal, for any reason, to bill said
renewal to Subscriber's method of payment on file, to contact or otherwise get response from Subscriber at the
email address on file, or otherwise. Subscriber acknowledges that said Account and/or Domain, if not renewed,
for whatever reason, will expire on the Account or Domain Expiration Date, as applicable. In the event that a
Domain expires, NamePal will hold the expired Domain for up to 20 days as a courtesy and not as an obligation
(contractual or otherwise). 20 days after expiration, the Domain will be placed in Redemption and listed for public auction.
During the Redemption period the Domain will be inaccessible and unable to be registered elsewhere. In order to bring a Domain
out of Redemption, Subscriber must pay a Redemption Fee, as well as a Renewal Fee for the current year. Domain registration
vouchers cannot be applied toward the cost of Redemption. If the Domain is not redeemed within 20 days of redemption, it will
be released back to the domain registry or delivered to a new registrant as chosen by NamePal. After this period of 40 days,
the Domain will be no longer be recoverable.
10. PAYMENT ISSUES
In the event of a charge back by any credit card company or (our other available method of payments), in connection with any of our service(s) provided, we will suspend your account and/or terminate your services until the situation is resolved. Please be aware there will be a $25.00 fee for any charge back related transactions. If you have an issue with your credit card or other payment charges, you should contact your Primary Service Provider, first, and us, second, regarding the issue before you contact your credit card or other payment process company to request a charge back or reversal of the charges.
11. TRANSFERS
Transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available at
http://www.icann.org/transfers/,, including the Registrar Transfer Dispute Resolution Policy, available at http://www.icann.org/en/transfers/dispute-policy-12jul04.htm. To transfer your domain name(s) First, login into your account, now that you are in your account, click on your domain name you wish to transfer. Next, you are now in your control panel for your domain name; locate the Authorization code located under the domain information section. Click the “Get” Button. This EPP “Authorization code” is what you’re going to provide the registrar of your choice with.
*Please note that this process can take up to 5 business days to complete.
* Without limitation, domain name services may not be transferred within 60 days of initial registration, within 60 days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due.
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11.1 We may place a "Registrar Lock" on your domain name services and this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed.
12. OUR INVOLVEMENT IN DISPUTES
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12.1 We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not contain us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such taking place, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
- 12.2 You agree that any information provided to us is, to the best of your knowledge and accurate and complete, neither the ownership of any domain name nor the manner in which you intend to use such domain name will infringe the legal rights of a third party, including trademark rights. We do not check to see whether the domain name you register infringes the legal rights of others. We urge you to investigate to see whether the domain name you select or its use oversteps legal rights of others. We will not examine any trademark claim nor provide you with any material that we have received such a claim from any third party. You agree to accept all responsibility in selecting a domain name to register ownership.
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12.3 It is not our responsibility to check to see whether the domain name you tend to register infringes the legal rights of others. We urge you to investigate to see whether the domain name you select or its use oversteps legal rights of others. We will not examine any trademark claim nor provide you with any material that we have received such a claim from any third party. You agree to accept all responsibility in selecting a domain name to register ownership.
13. GUARANTEES
We can guarantee you all rights and title to the domain once you make the purchase. You will be able to verify domain ownership by checking the WHOIS settings for the domain and see that the domain is registered in your name. Also, you will be able to manage every aspect of the domain, including name servers, whois record, host records, domain forwarding and email forwarding. You will also be able to obtain the authorization code for the domain so you can transfer the domain.
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13.1 IN NO EVENT WILL 1 MORE NAME (LLC), BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL DOMAINS ARE SOLD “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRENTY WHAT SO EVER. PLEASE BE AWARE ONCE YOU ENTER OUR SITE YOU ARE AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE RESERVE THE RIGHT TO CHANGE ANY INFORMATION TO THE TERMS OF USE UPON OUR DISCRETION.
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13.2 IN NO EVENT SHALL WE, OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THESE TERMS OF USE.
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13.3 YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY OF OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.
14. TERMINATION/SUSPENSION.
You may terminate your service with NamePal at any time by give us a call (407) 329-3297.
Please conclude that all chargebacks and nonpayment accounts will be put on suspension until your account is in good standing. NamePal may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our Site.
15. FRAUD INDEMNIFICATION
The act of internet fraud is both a tort action (civil offence) and a criminal offense. This means that the victim of internet fraud has the legal right to seek compensatory damages from the internet fraudster. Internet fraud is also a serious criminal offense that is prosecuted to the full extent of the law. A person convicted of internet fraud can face incarceration, heavy fines, restitution, probation, community service, and more. We reserve the right to review every purchase made by any client, but not limited to, Internet Sales, Backorder Sales, Auctions, Hosting, SEO , Web Development and more, that requires online payment or bank transfers. If anyone uses a credit card illegally, they will be reported to their governing authorities and held accountable to any and all damages caused to an organization or personal victim. We are not responsible for the act of fraud committed by any other individual and every account is put on a 60 day review period from the time the transaction(s) is made and we reserve the right to retrieve any and all purchases made fraudulently. We also reserve the right to suspend and or block any and all accounts and ask for; Photo I.D., proof of account ownership and written statement authorizing use of credit card or banking information. If requested documents are not provided within 5-7 Business Days, the account will be blocked and the purchaser will not be allowed any future transactions indefinitely. Under and fraud investigation, the 60 day period of suspension or blocking of an account, may be extended. Your protection is our top priority and we will do everything we can to promote the safest online transactions for our clients.
16. CUSTOMER SUPPORT
If you have any questions or concerns in regards to the terms of use provided please give our customer support a call (407) 329-3297 and one of our sales professionals would gladly be able to assist you in any way possible.
NamePal
Domain Registrar
1755 Telstar dr, Suite 114, +1 (407) 329-3297