INTRODUCTION. In this Service Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and "we", "us" and "our" refer to WorldNames, Inc and NuNames, LTD division of Worldnames, Inc. This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services. By selecting our service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional service(s) or to modify or cancel your service(s) (even if we were not notified of such authorization), this Agreement covers any such service or actions. Any acceptance of your application(s) for our services and the performance of our services will occur at our offices in Key West, Florida, US, the location of our principal place of business.
FEES, PAYMENT AND TERM OF SERVICE. As consideration for the services you have selected, you agree to pay us the applicable service(s) fees set forth on our client services Web site at my.nudomain.nu at the time of your selection. All fees are due immediately, payable only via online credit card transaction or PayPal, and are non-refundable. We may take all remedies available to collect fees owed. All prices and fees are subject to change without notice. Payment is due at the time of registration; names will be activated within 48 hours of registration. You agree that you will pay for any chargebacks or bank processing fees charged to us as the result of any action you take or may have taken with respect to your use of .our services. You understand and agree that if you are not current in any payments to us for these charges or for any other reasons, you will be denied registration and other services rights until such balances are cleared, and that you risk having any domain name registrations or other services cancelled.
Unless otherwise specified, each service is for a one-year initial term and renewable in perpetuity thereafter for successive one-year terms, but for no more than 10 years consecutively. Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal and in the case of domain name re-registration, our acceptance of your domain name registration. Registration renewal fees are due 30 days before the end of the registration period.
You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with us.
TECHNICAL LIMITATIONS AND REQUIREMENTS. You may register any domain name which contains as few as one and as many as 63 characters (not including top level extension).
Domain names may not begin or end with a dash, and upper case and lower case are treated as lower case only. Besides the - (dash) character, only alphanumeric characters a-z, 0-9 are accepted and characters from the European language ISO-8859-1 character set. Domain names may not contain spaces or any other non-alphanumeric characters (such as punctuation) or any non-ASCII characters except ISO-8859-1 characters.
Any person or organization located anywhere in the world may register any number of domain names as long as the domain names are actively supported by at least two authoritative name servers at the time of activation, and as long as the information provided by the customer is valid and verifiable. You must have name server support in order for your domain name to be active in the zone.
ACCURATE INFORMATION. As further consideration for our service(s), you agree to: (1) provide certain current, complete and accurate information about you as required by the application process; and (2) maintain and update this information as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services. You understand and agree that we may cancel your registration(s) if your registration information contains false or misleading information or conceals or omits any information we would consider material to its decision to approve your Registration Agreement or if use of the domain name(s) violates these Terms and Conditions, as determined solely by us.
Our privacy statement, located on our Web site and incorporated herein by reference sets forth your and our rights and responsibilities with regard to your personal information. You agree that we, in our sole discretion, may modify our privacy statement. We will post such revised statement on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by using our services after modifications to the privacy statement become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us. We will not process the personal data that we collect from you in a way incompatible with the purposes and other limitations described in our privacy statement and we will take reasonable precautions to protect your personal data from loss, misuse and unauthorized access, disclosure, alteration or destruction. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes for which such third party's personal data has been collected, (ii) the intended recipients or categories of recipients of the third party's personal data, (iii) which parts of the third party's data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future.
We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals nor for your providing outdated, incomplete or inaccurate information. Even if you intend to license the use of our domain name registration services to a third party, you will remain our customer and you are responsible for complying with all terms and conditions of this Agreement.
Subject to the requirements of our privacy statement, in order for us to be able to comply with current or future rules and policies for the domain name system, you hereby grant to us the right to disclose to third parties who follow certain disclosure procedures as required by us the following mandatory information that you are required to provide when registering or reserving, if a reservation service becomes available, a domain name: (i) the domain name(s) registered by you; (ii) your name and postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number and where available the fax number(s) of the technical and administrative contacts for your domain name(s); (iv) the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s); (v) the corresponding names of those nameservers; (vi) the original creation date of the registration; and (vii) the expiration date of the registration. You understand and agree that we may be required to make this information available to identified third parties who agree not to use it to (a) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam) or (b) enable high volume, automated, electronic processes that apply to our systems to register domain names.
MODIFICATIONS TO AGREEMENT. Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the service(s) on our Web sites, or upon notification to you by e-mail or United States mail. You agree to periodically review our Web sites, including the current version of this Agreement available on our Web sites, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or United States mail addressed as follows:
Attention: Business Affairs
WORLDNAMES INC
422 Fleming St, Suite 7
Key West, FL 33040
USA
MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use the Account Name and the Password that you received when you opened your account with us through our online application process. Please safeguard your Account Name and Password or security authentication option from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Name or Password.
TRADEMARK POLICY. Except for those domain names reserved or withheld by the applicable registry, which can not be registered by the general public, we will accept any name for registration and activation, with the following proviso: You agree at the time of registration that, to the best of your knowledge, the name(s) you are registering does not violate trademark law or other applicable law in your own jurisdiction or in the jurisdiction of WorldNames, Inc. or NuNames LTD division of Worldnames, Inc.
DOMAIN NAME DISPUTE POLICY. If a dispute arises between you and any other party with respect to trademarks or other issues related to intellectual property and your registration or use of a domain name, you agree to be bound by the Dispute Resolution Policy of the applicable registry.
DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.
DOMAIN NAME DISPUTES. You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registrar of the judicial body or as determined by the applicable registrar.
ACCEPTABLE USE. Use of a domain name registered at NuNames.NU, Worldnames, Inc. or any of our resellers or subregistrars for any unlawful purpose is not permitted and can cause revocation (deregistration) and/or hold status of your domain name without notice.
We fully cooperate with all law enforcement agencies.
We are not bound to maintain a name registration in active status if any part of your registration agreement or these terms and conditions of use are violated. "Unlawful Use" will be determined based on the laws of the jurisdiction of WorldNames, Inc. (the United States and the State of Florida).
The use of a domain name for the purpose of "phishing" or otherwise deceptive practices of fraudulently obtaining personal identity and financial account information is illegal. You agree not to use your domain name(s) or hosting service(s) for this purpose. We will take immediate action and revoke domain names used for phishing.
The sending of unsolicited bulk E-mail ("spam") constitutes theft of service. You agree not to use your domain name(s) or hosting service(s) for this purpose. Such abuse includes spamming, flooding, or otherwise abusing free search engine services.
You understand and agree that we reserve the right to revoke without refund any domain name which, in our judgment, has been used for any unlawful purposes, including but not limited to child pornography, child entrapment or abuse, advocacy of hatred, bigotry or violence towards persons or groups on the basis of their religion, race, ethnicity, sexual orientation or other immutable characteristics, 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 E-mail, or in violation of our policies with respect to spamming or otherwise abusing free search engine services (see above).
By registering or holding a domain name at NuNames.NU, or by purchasing or using a hosting service, you are acknowledging that you understand and agree to be bound by this policy.
AGENTS. You agree that, if your agent (e.g., an Internet Service Provider, employee, etc.) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the dispute policy. Your continued use of our services shall ratify any unauthorized actions of your agent. By acting on your behalf, your agent certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he or she has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund fees paid by you or your agent on your behalf for any reason, including, but not limited to, in the event that your agent fails to comply with the terms and conditions of this Agreement, your agent incorrectly provides information in the application process or if your agent changes or otherwise modifies your domain name record incorrectly.
NOTICES AND ANNOUNCEMENTS. You authorize us to notify you as our customer of information that we deem is of potential interest or importance to you. Notices and announcements may include technical changes to the system, price or policy changes, planned outages for online customer management systems, commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters. If you do not wish to receive bulk email solicitation notices or promotional announcements you may modify your customer profile to prevent such activities at http://my.nudomain.nu/clientarea.php.
LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any of our service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s). .NU Domain Ltd, WorldNames, Inc. and its contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of our services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Name or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your Web site; (8) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration fee or re-registration fee; or (9) loss or liability as a result of the application of our dispute policy.
INDEMNITY. You agree to release, indemnify, and hold us, in our capacities as the registry and a registrar, and our contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising under this Agreement, the services we provided hereunder or your use of our services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, of any intellectual property or other proprietary right of any person or entity, or a violation of any of our operating rules or policies relating to the service(s) provided. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement.
BREACH. You agree that your failure to abide by any provision of this Agreement, any of our operating rule or policy, the dispute policy, or your willful provision of inaccurate or unreliable information as part of the application process, or your failure to update your information to keep it current, complete or accurate, or your failure to respond for over fifteen (15) calendar days to inquiries from us concerning the accuracy of the contact details associated with your domain name registration may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within seven (7) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name and/or terminate the other service(s) we provide to you without further notice. We will not refund any fees paid by you if we terminate your Agreement due to your breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.
NO GUARANTY. You agree that, by registration of your chosen domain name, such registration does not confer immunity from objection to either the registration or use of your domain name.
REPRESENTATIONS AND WARRANTIES. You agree and warrant that: (i) the information that you or your agent on your behalf provide to us during the application process to register your domain name or to apply for other service(s) is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time, (ii) to the best of your knowledge and belief neither the registration of your domain name nor the manner in which you intend to use such domain name will directly or indirectly infringe the legal rights of a third party, (iii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, (iv) you have selected the necessary security option(s) for your domain name registration record, and (v) you are of legal age to enter into this Agreement. You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an "as is," and "as available" basis.
DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S). WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
REVOCATION. You agree that we may terminate your contractual right to use our service(s) if the information that you are obligated to provide to register your domain name or register for other . service(s), or that you subsequently modify, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register your domain name or to continue to provide you domain name registration services. Furthermore, you agree that we may suspend, cancel or transfer your domain name registration services in order to: (i) correct mistakes made by us or the .NU registry in registering your chosen domain name, or (ii) to resolve a dispute under our dispute policy. We will not refund any fees paid by you if we terminate your services.
You agree that we may, at our sole discretion, revoke, suspend, transfer or otherwise modify your domain name registration upon seven (7) calendar days prior notice, or at such time as we receive 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. Notwithstanding any other provisions in these terms and conditions, in the case of nonpayment, chargeback or other direct violation of these terms and conditions, you agree that we may, at our sole discretion, revoke, suspend, transfer or otherwise modify your domain name registration without notice.
RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register your chosen domain name or register you for our other service(s), or to delete your domain name within the first thirty (30) calendar days from receipt of your payment for such services. In the event we do not register your domain name or register you for our other service(s), or we delete your domain name or our other service(s) within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, the deletion of your domain name or refusal to register you for our other service(s).
SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
ENTIRETY. You agree that this Agreement, the rules and policies published by us, the dispute policy and the privacy statement are the complete and exclusive agreement between you and us regarding our services. This Agreement, our rules and policies, the dispute policy and the privacy statement supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
TRANSFER AND ASSIGNMENT. You may transfer your domain name registration to a third party of your choice, subject to any fees, procedures and conditions that may be charged by the applicable registry. Your rights under this Agreement are not assignable and any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option.
You may also transfer your services, including registration and renewal services, to any other Certified Registrar 60 days or more after you have registered your domain name. Procedures and limitations for transferring to another Registrar are available at http://www.nunames.nu/about/transfer.cfm
GOVERNING LAW. You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of Massachusetts, United States of America, excluding its conflict of laws rules. Except for disputes concerning or arising from your use of a domain name registered with us, you and we each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the United States District Court for Massachusetts. If there is no jurisdiction in the United States District Court for Florida, then jurisdiction shall be in the Supreme Court of Florida, Tallahassee, FL. Only for disputes concerning or arising from your use of a domain name registered with us, you agree to submit to subject matter jurisdiction, personal jurisdiction and venue of the United States District Court for the Southern District of Florida and the courts of your domicile.
AGREEMENT TO BE BOUND. By applying for our service(s) through our online application process or by using the service(s) provided by us under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.
