Membership Service Agreement (the "Agreement") is made between you (also referred to as "member", "user" or "you") and NAMEMART PTE. LTD. ("NameMart", "we", or "the Company") regarding your use of https://www.namemart.com (the "Website") and the products and services purchased or accessed through the Website (individually and collectively, the "Services"). Please read the terms and conditions of this agreement carefully. This Agreement applies to any person or entity account which created with NameMart.
By using this website or by clicking "I agree", you signify your agreement to be bound by these terms and conditions. NameMart reserves the right to amend or update this Agreement from time to time. The revised version will take effect once posted on the Website. Your continued use of the Website after the posting of any modification shall constitute your acceptance of the amended Agreement. We also reserve the right to suspend or terminate your use of the Website at any time, without notice.
The terms “we”, “us” or “our” shall refer to NameMart. The terms “you”, “your”, “user” or “customer” shall refer to any individual or entity who accepts this Agreement and/ or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. Eligibility
You represent and warrant that under the applicable laws, you have the legal capacity to enter into a binding contract. You further represent and acknowledge that you comply with the laws and regulations of your jurisdiction regarding the use of the Services. Likewise, you are not previously barred from using any of NameMart's services.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement. If, after your electronic acceptance of this Agreement, we subsequently determine that you do not have such legal authority, you will be personally responsible for the obligations contained in this Agreement. We shall not be liable for any loss or damage resulting from NameMart’s reliance on any instruction, notice, document or communication reasonably believe to have been genuine and originating from an authorized representative of your corporate entity. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
2. Your Account
You represent and warrant to us that all information you submit when creating your account is accurate, current and complete, and that you will keep your account information accurate, current and complete. If we have reason to believe that your account information is untrue, inaccurate, outdated or incomplete, NameMart reserves the right to suspend or terminate your account at its sole discretion.
2.1 Account Verification
You will be notified what exact verification requirements during the sign-up process and use of our services. Forms of verification may include, but are not limited to: phone number verification; email verification; high quality color scan or photo of an official government issued identification card ( e.g. passport); and any additional verification steps deemed necessary by NameMart. NameMart reserves the right to revoke verification on previously verified accounts and may require the user to provide updated verification information and documentation (i.e., re-verification).
2.2 Account Security
You agree to maintain strict confidentiality of your account credentials and to prevent unauthorized access. You must notify NameMart immediately of any security breach or unauthorized use of your account. You are solely responsible for the activity that occurs on your account, whether authorized by you or not. NameMart shall not be liable for any losses you incur due to unauthorized access; however, you may be liable for any losses suffered by NameMart or others due to such unauthorized access.
You agree that you shall not try to sign in the account in any unlawful way or violation of applicable law. You understand that any such conduct may subject you to serious civil and criminal legal penalties and that we shall pursue such penalties to the full extent of the law to protect our rights and those of our other licensees.
3. Member Rights and Responsibilities
3.1 Except as otherwise expressly provided, you shall have the right to access to the Internet technology, information services, consultation and other services provided by us.
3.2 You acknowledge and agree to:
(i) comply with the terms and any and all applicable laws, rules and regulations when using the our services, including any content you submit;
(ii) provide true, accurate, and current information about yourself, your business, and other related information, and promptly update such information;
(iii) provide any additional information requested by NameMart within the prescribed time frame for purposes of customer service, risk control, fraud prevention and compliance procedures;
(iv) back up your user content so that you can access and use it when needed. NameMart does not warrant that it backs up any account or user content, and you agree to accept the risk of loss of any and all user content.
3.3 You shall not:
(i) promote, encourage or engage in illegal activities;
(ii) engage in schemes intended to cheat, mislead or defraud NameMart, other members, other users, orr third parties;
(iii) sell, transfer, or sublicense your account to others without NameMart’s prior written consent;
(iv) infringe upon any intellectual property, proprietary rights, publicity rights, privacy rights, or other legal rights of any third party;
(v) impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity, or otherwise engage in fraudulent representations or conduct;
(vi) violate any applicable law, statute, ordinance or regulation;
(vii) undermine computer system integrity, disrupt, damage or limit the functionality of any software or hardware, or interfere with the operation of the Website or Services. You shall not modify or alter any part of the Website, Services or any related technologies;
(viii) access or use our services in a way intended to avoid the relevant fees or charges;
(ix) make false, misleading, or unsubstantiated statements regarding NameMart’s Services.
(x) resell or commercially provide the Services or related technology without our prior written consent.
3.4 NameMart reserves the right to deny, suspend, terminate, or restrict your access to the Website or Services if:
(i) your account or Services were previously terminated or suspended, regardless of the reason;
(ii) we determine, in our sole discretion, that you have engaged in inappropriate or unlawful activities.
3.5 ICANN Registrant Rights and Responsibilities
You must comply with all applicable ICANN policies and procedures, available at:
http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.
3.6 Data Protection
By using this Website and our Services, you expressly agree that you have read and agree to both EU General Data Protection Regulation (GDPR) and NameMart's Privacy Policy. If you do not agree, you may not use our Website or Services.
4. Intellectual Property
4.1 Except as otherwise provided in this Agreement or other applicable agreements governing your use of NameMart Services, this Agreement does not grant either party any rights to the other’s content or any of the other’s intellectual property .
4.2 Each Party continues to own its respective items of intellectual property, including its patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, trade secret, or any other intellectual proprietary rights are granted by NameMart to you, or by any disclosure of any confidential information to you. You agree that you will not create or attempt to violate or infringe any forms of intellectual property or business reputation. You hereby agree to adhere to all applicable laws and regulations in conducting your business, including, but not limited to all privacy laws.
4.3 Trademark and/or copyright claims. NameMart supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to NameMart’s Legal Notice terms.
5. Monitoring of Content and Investigation
5.1 NameMart reserves the right to investigate any end user or your violation of these Terms.
NameMart may, at its sole discretion and without prior notice, remove any item of user content or terminate a user’s access to the Services found to be in violation of this Agreement.
5.2 NameMart shall have the right to report any activities it considers to be in violation of this Agreement or any regulations or laws in any jurisdiction to the relevant enforcement agencies, regulators, government bodies, and any other appropriate third parties. To comply with applicable laws, legal processes, or governmental requests, or to defend against actual or potential claims, NameMart reserves the right to access, disclose, and/or remove any content you have submitted to or published on the Services.
6. Fees, Payment and Taxes
6.1 Unless otherwise provided by the Terms of Service or agreed in writing, you shall pay all amounts, fees, charges, and taxes due under this Agreement in accordance with the prevailing NameMart payment and tax policies. Payment must be made using the methods supported by NameMart.
6.2 The fees, charges, and applicable tax terms for the Services may be updated from time to time and shall take effect upon being published at https://www.namemart.com or other official NameMart platforms.
6.3 You shall not set off, withhold, or claim a refund of any payment made, unless expressly authorized in writing by NameMart.
6.4 Any payments determined to be fraudulent or suspicious will not be counted.
6.5 Acts such as proxy payments, false transactions, credit card cash-outs, or money laundering are strictly prohibited and will result in immediate account freezing and further action as required by law.
7. Term and Termination
7.1 This Agreement shall become effective immediately upon your successful registration and activation of account.
7.2 Without prejudice and in addition to any rights and remedies by law, NameMart may suspend or terminate your account, or limit or restrict your rights to your account, immediately upon notice to you:
(i) Violation of the terms of this Agreement;
(ii) Using NameMart’s Services in a way that poses a security or system stability risk to the NameMart Platform or any third party;
(iii) Using NameMart’s Services in a way that poses a security or system stability risk to NameMart or any third party;
(iv) Engaging in any fraudulent, deceptive or unlawful act;
(v) Becoming the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceedings;
(vi) Other statutory reasons.
7.3 If NameMart suspends your right to use your account or any of the NameMart services, you remain responsible for all fees incurred up to the date of suspension. You shall bear all fees resulting from your continued access or use of NameMart Services.
8. Terms Modifications
You acknowledge that the methods of registering and administering domain names are constantly evolving; therefore, you agree that NameMart may modify this Agreement, or any other related or other applicable agreements to adapt to changing circumstances and comply with its agreements with ICANN, registries or any other entities or individuals. Your continued use of the domain name registered to you will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name registration be cancelled or transferred to a different accredited registrar. You agree that such cancellation or transfer request will be your exclusive remedy if you do not wish to accept any changes to this Agreement or any other related/applicable agreement.
9. Disclaimer of Warranties and Limitation of liability
9.1 You agree to assume all risks associated with using our Services, and that the Website and Services are provided “as is”, “as available”. To the maximum extent permitted by applicable law, NameMart expressly disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
9.2 You agree that no oral or written information or advice provided by NameMart’s officers, directors, employees, or agents (including customer service representatives), and services or products provided by independent third parties on a pass-through basis.
9.3 NameMart makes no representations or warranties that registration or use of a domain name under this Agreement will immunize you from challenges to your domain name registration, or from suspension, cancellation, or transfer of the domain name registered to you.
9.4 NameMart makes no representation or warranty that the content available on the Website or the Services are appropriate in every country or jurisdiction, and access from countries or jurisdictions where the content is illegal is prohibited.
9.5 The foregoing disclaimers shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this Agreement or your use of the Website or the Services found at the Website.
10. Indemnification
You agree to protect, defend, indemnify and hold harmless NameMart, its officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including reasonable attorney fees) imposed upon or incurred by NameMart directly or indirectly arising from:
(i) Your use of and access to the Website or the services found at the Website;
(ii) Your violation of any provision of this Agreement or incorporated policies or agreements;
(iii) Your violation of any third-party rights, including any intellectual property or other proprietary right.
The indemnification obligations under this section shall survive any termination or expiration of this agreement or your use of the Website or the services found at the Website.
11. Email Notifications
Any notice, direction or other communication given under this Agreement shall be in writing and sent by email or regular mail. For email, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. Any notice to you will be sent to the email address provided by you in your Whois record. For mail, notice shall be sent to the address specified in the "Administrative Contact" in your WHOIS record.
12. Severability
If any term herein is adjudicated by a competent court or tribunal to be void or unenforceable, the validity or enforceability of the remainder of the terms herein shall remain in full force and effect.