Domain Name Service Agreement (the “Agreement”) sets forth the terms and conditions applicable to your purchase and use of the domain name registration, backorder, management, renewal and redemption services and any other related services ( the “Service”) provided by NAMEMART PTE. LTD. (“NameMart”, “we”, “us” or “our”) through https://www.namemart.com (the “Website”). This Agreement is a legally binding agreement between you (the “registrant”, “purchaser” or “user”) and NameMart.

1. User Acceptance

By using the services provided on https://www.namemart.com, you agree to all terms and conditions of this Agreement, and agree to comply with the Uniform Domain Name Dispute Resolution Policy (“UDPR”) or the Uniform Rapid Suspension Policy (“URS”), any rules, policies, or agreements published in association with specific services and/or which may be adopted or enforced by the Internet Corporation for Assigned Names and Numbers (“ICANN”), as well as NameMart's Privacy Policy, User Service Agreement and WHOIS Data Policy.

2. Domain Registration

2.1 All applications for the domain registration shall be made in the form and manner as may be prescribed by NameMart, and you undertake to select the domain category in accordance with the selection criteria prescribed by the registrar in respect of the subject domain name. You shall ensure that current and valid addresses for one or more contacts responsible for and knowledgeable about the domain name and its operation are provided to NameMart and updated from time to time as may be necessary, and undertake to furnish such further information in relation to the domain registration as may be requested by NameMart from time to time, including documentary proof that you qualify to have the domain registered in the domain category selected by you.

You are wholly responsible for the information you submit to NameMart in connection with the domain registration, and shall ensure that such information is true, accurate, and complete. You are responsible for promptly notifying NameMart of any changes or amendments to such information in a prompt and timely manner within 7 days and providing valid contact information and supporting documents as may be required by NameMart.

2.2 Domain name registration shall be successful only when all of the following conditions are met:

(i) We have delivered the domain registration information provided by you  through https://www.namemart.com to the relevant registry;

(ii) You have made payment of the applicable fees and NameMart has accepted your registration request following receipt of such payment;

(iii) The relevant registry has approved and activated the domain name registration;

(iv) We have informed you that the domain name registration has been activated.

2.3 You agree and acknowledge that:

(i) Domains are registered on a first-come-first-served basis, and your desired domain name may not be available for registration;

(ii) Your domain registration request is based on the registration status and query results in the domain name database at that time, but the absence of any conflict in the query does not necessarily mean that the domain name will be successfully registered;

(iii) You warrants that the domain applied for registration does not infringe the leagal rights of NameMart or any third party (including but limited to the trademark rights, copyrights and other intellectual property rights of others), otherwise you shall solely bear all responsibilities if any violation;

(iv) The user owns the domain name successfully registered within the corresponding registration period granted by relevant domain name registration authorities such as ICANN and SGNIC;

(v) If you are found to be in breach of the terms and conditions of this domain name service agreement or the Membership Agreement, NameMart had the right to suspend or otherwise revoke the domain name registration without prior notice due to compliance with ICANN policies, applicable laws or a court orders, and/or other security reasons;  

(vi) NameMart is not liable or responsible in any way for any errors, omissions or any other actions by the registry (including those arising out of or related to a request to register, renew, modify the settings, or transfer the domain).

3. Pre-registration Service and Domain Backorder Services

You may place a backorder/pre-registration request for certain domains using backorder/pre-registration service. We will make reasonable attempts to acquire that domain once you place a backorder/pre-registration request, but do not guarantee success, and expressly reserve the right to refuse additional backorder/pre-registration requests or cancel existing backorder/pre-registration request at any time for any reason. If we refuse or cancel your backorder/pre-registration request, we will promptly refund any fees paid for the such request in the form of account credit or Alipay. By placing a backorder/pre-registration request, you agree to the following additional terms:

(i) If you fail to make timely payment for a protected domain, we may restrict your access to the account, delete the domain, or make available for public registration again, and the fees you have paid will not be refunded. If the above situation occurs multiple times, NameMart reserves the right to suspend your use of your personal account or any NameMart services;

(ii) Using our domain backorder/pre-registration service may result in your domain having a different registrar of record than us.  

By using our backorder/pre-registration service you acknowledge, understand and agree that you are bound by the materially similar registration agreement of the registrar of record, whoever that registrar may be.

4. Contact Information and Registrant Changes

4.1 Default information. When you register or bid for a domain on https://www.namemart.com, we will submit your needs or orders to the upper-level registrars or cooperative domain service providers. Meanwhile, the Whois contact information will default to NameMart’s information.

4.2 You know and agree that, for the purpose of facilitating your domain transaction and management, you must login in your account and enter the Member Center to edit contact information (registrant contact, administrative contact and technical contact information), including but not limited to your name, identity information and other relevant contact information (such as email, address and phone number). Once the contact information is updated, NameMart has the right to submit your contact information to independent third-party registrars and related domain service providers. That is, contact information will be synchronized to the registrar or cooperative domain service agencies.

5. Domain Renewal and Redemption

5.1 You may renew the domain prior to its expiration date via https://www.namemart.com. All applications for the renewal of a domain shall be made in the form and manner as may be prescribed from time to time by NameMart. Successful domain name renewal is subject to:

(i) Your compliance with the terms and conditions of this Agreement and any and all applicable renewal procedures;  

(ii) You have paid all applicable service fees;

(iii) Our acceptance of your application for renewal.

5.2 If you fail to renew your domain in the time frame indicated in this Agreement, certain domain name registrars will provide a redemption grace period (the “Redemption Grace Period”). During this period, you need to pay a redemption fee to NameMart to redeem your domain. If you do not redeem your domain prior to the Redemption Grace Period, the domain will be released and re-registered on a first-come, first served basis. You agree and acknowledge that NameMart shall not be liable in any way for any losses, damages, consequences or liabilities arising from the foregoing.

6. Domain PUSH

6.1 All applications for the domain PUSH shall be made in the form and manner as may be prescribed from time to time by NameMart. The domain PUSH is subject to:

(i) Your compliance with the terms and conditions of this Agreement and any and all applicable domain PUSH procedures as we may prescribe from time to time;

(ii) The domain is valid and not expired and not involved in any disputes;

(iii) The domain has no outstanding fees;

(iv) A valid agreement has been reached between the domain name transferor and the recipient.

6.2 Domain PUSH will change Whois information.

6.3 The recipient must accept the PUSH request within 15 days, otherwise the system will automatically cancel the request.

6.4 We will not be responsible for any loss due to improper storage, loss or disclosure of account passwords.

6.5 Once the domain is pushed and accepted, the domain cannot be returned.

6.6 In case of any disputes, arbitration or theft in the process of PUSH, NameMart has the right to stop and cancel your PUSH at any time and lock the domain.

7. Domain Transfer

7.1 Transferring domain names into or out of the NameMart platform is subject to the following conditions:

(i) Your compliance with the terms and conditions of this Agreement and any and all applicable transfer procedures;

(ii) Payment of all applicable service fees;

(iii) Our acceptance of your application for transfer;

(v) Approval by the relevant registrar. All applications for domain transfer shall be made in the form and manner prescribed by NameMart. You shall promptly furnish NameMart with any information necessary to transfer your domain to or from another registrar, or to assist NameMart with resolving any transfer dispute.

7.2 Your domain name transfer service shall comply with ICANN's transfer policy, which is available at http://www.icann.org/transfers/. Similarly, you can view the Registrar Transfer Dispute Resolution Policy at http://www.icann.org/en/transfers/dispute-policy-12jul04.htm, as well as the Uniform Domain Name Dispute Resolution Policy (UDRP) and the Uniform Rapid Suspension System (URS).

7.3 To transfer your domain name(s) you should first login to your Account to lock or unlock your domain name(s) and/or to obtain the EPP “AuthCode” which is required to transfer domain services in an EPP registry. Alternatively, you should contact us to have your domain name(s) services locked or unlocked or to obtain the EPP “AuthCode.” Only the registrant and the administrative contacts listed in the Whois may approve or deny a transfer request.

7.4 NameMart follows ICANN transfer policy procedures. We will follow the procedures for both gaining and losing registrars as outlined in ICANN’s transfer policies.

7.5 Each registrar has its own transfer process and may choose not to accept an transfer at its sole discretion. NameMart shall not be responsible for any issues resulting out of the decision of another registrar to not accept domain transfer request, such as due to system standards of such registrar, or any failure of such registrar’s system preventing a transfer.

7.6 The domain registered in your name may be transferred to another party without your consent and without notice to you if NameMart receives a decision of an administrative panel appointed by a dispute resolution service provider approved by ICANN or by the respective registries for the purpose of resolving domain disputes requiring such transfer pursuant to any administrative proceeding to which you were a party. Save for the foregoing, there shall not be any transfer of the domain between you and any other third party.

8. Dispute Resolution Policy

8.1 You agree to be bound by the appropriate domain dispute resolution policy (“Dispute Policy”) applicable to the domain that you have selected, including the Uniform Domain Name Dispute Resolution Policy, which has been developed by ICANN and/or the specific Registration Administrator(s) and is incorporated by reference in this Agreement. Certain disputes are subject to the applicable Dispute Policy, in the event such dispute arises, you agree that you will be subject to the provisions specified in the applicable Dispute Policy in effect at the time your domain registration is disputed by a third party. You further agree that, in the event a domain dispute arises with any third party, you will indemnify and hold NameMart harmless pursuant to the terms and conditions contained in the applicable Dispute Policy.

8.2 You agree to resolve domain name disputes according to the relevant provisions of ICANN’s UDRP (available at http://www.icann.org/en/help/dndr/udrp) or ICANN's URS (available at http://newgtlds.icann.org/en/applicants/urs). The above content may be revised from time to time. All other disputes between you and any party other than NameMart regarding your domain registration that are not brought pursuant to the mandatory administrative proceeding provisions of the UDRP may be resolved between you and such other party through any court, arbitration, or other proceeding that may be available.

8.3 NameMart will not participate in any way in any dispute between you and third parties. You shall not name 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 proceeding, we reserve the right to raise defenses and take other necessary actions to defend ourselves.

9. Payments and Fees

9.1 You can enjoy the services we provide after paying the service fees. You shall make payment of the service fees or tax corresponding to your use of the services in accordance with the payment schedule as posted on https://www.namemart.com and other relevant websites.

9.2 All services fees shall be in USD unless otherwise stated, and shall be paid to NameMart in the manner and within the time period prescribed in the payment schedule. Failure to pay the service fees in the manner and within the time period prescribed may result in NameMart suspending or terminating all or part of the services according this Agreement.

10. Warranties

10.1 You warrant that:

(i) Any and all information or document, statement you provide to NameMart is true, accurate, correct, complete, and not deceptive, fraudulent or misleading;

(ii) Your registration and use of the domain will not infringe any third party’s rights or violate applicable laws and regulations;

(iii) You are not registering the domain for an illegal purpose;

(iv) You will not knowingly use the domain in violation of any and all current and future policies, regulations, terms and conditions of ICANN, the relevant registrars terms and laws.

10.2 You agree and acknowledge that:

(i) You are liable or responsible for determining whether your domain registration infringes or violates the rights of any third party, and that NameMart provides services to you based on the warranties you provide;

(ii) NameMart does not evaluate whether the registration or use of the domain may infringe upon any rights of any third party, and you shall not use the registration under this Agreement as a defense in third-party litigation;

(iii) NameMart does not guarantee that you will be able to register, renew, redeem or transfer a domain name, even if NameMart’s systems indicate that the domain is available or you are able to complete an order with respect to such domain;

(iv) NameMart may elect to reject your application for registration, renewal, redemption or transfer of a domain name for any reason at its sole discretion, including but not limited to, failure to comply with the terms and conditions herein, rejection due to a prohibited, improper, unavailable, infringing or otherwise questionable domain;

(v) NameMart may in certain extenuating circumstances specifically approved by ICANN, required under a dispute policy, or mandated by a court of competent jurisdiction, renew your domain name registration without your explicit consent in order to prevent its deletion. Your failure to respond to expiration and/or renewal notices from NameMart.com is not an extenuating circumstance;

(vi) NameMart is not liable for any inaccuracies or errors in the domain registration, renewal, redemption or transfer process, nor in any way for any errors, omissions, or any other actions by any third party or registrar arising from the above reasons.

11. Indemnity and Limitation of Liability

11.1 You agree to indemnify NameMart and its affiliates for any claims, costs, losses (including reasonable attorney fees) arising from:

(i) Your use of the services provided on the Website;

(ii) Violation of this Agreement;

(iii) Violation of any applicable law;

(iv) Violation of the provisions in the NameMart Membership Agreement or your infringement of any third-party rights..

11.2 NameMart will promptly notify you of any claim subject to the above, but failure to notify will not affect your indemnification obligations. NameMart reserves the right to defend and settle claims at any time.

11.3 Save only for any warranties, representations, conditions and undertakings by NameMart expressly set forth in this Agreement, NameMart hereby excludes all other warranties, representations, conditions and undertakings, express or implied, to the maximum extent permitted under applicable law.

12. Agreement Modification

You specially acknowledge and agree that the methods of registering and managing domain names are constantly evolving. Thus, NameMart has the right to modify the service terms in this Agreement when necessary. Once the service terms are changed, we will notify you of such changes by prompting on important pages of the website or publishing announcements. You agree that the above notice shall be deemed to have been delivered to the user once published on NameMart's relevant web pages (including but not limited to https://www.namemart.com).

If, as a result of such a change, you no longer agree with the terms of this Agreement, you agree that your exclusive remedy is to cancel your services. Your continued use of the services following notification of a change in this agreement indicates your consent to the changes. Unless otherwise specified by us, any such change binds you.

13. Term and Termination

13.1 Term. The term of this Agreement commences on the day you accept this Agreement to the day until the occurrence of any of the following:

(i) Your domain registration is cancelled;

(ii) Your domain is transferred to a third party;

(iii) Your domain expired or terminated;

(iv) You fail to pay any service fees due to NameMart;

(v) You violate this Agreement or the additional terms and conditions;

(vi) We or the registrar deem that you may have violated the Registrant Terms of Use;

(vii) Your violation of NameMart’s security policy or risk control policy;

(viii) To comply with any applicable law or requests of any governmental or regulatory entity.

Your obligation to pay any fees or other amounts under this Agreement which arose prior to expiration or other termination of this domain name service agreement shall survive any such expiration or termination.

13.2 Termination. NameMart reserves the right to suspend, cancel, transfer or modify your domain registration, if:

(i) You materially breach this Agreement and other relevant agreement or policies;

(ii) You use the domain to send unsolicited email, violating this Agreement or applicable laws;

(iii) You use your domain for illegal activities.

14. Data Disclosure

14.1 You acknowledge and agree that NameMart will collect and use your personal information and data in the process of providing such products and/or services to you, including but not limited to the registrant information and payment information submitted by you.

14.2 NameMart will not disclose your information and data to any third party without authorization, unless:

(i) Disclosed to third parties with your prior consent;

(ii) NameMart is required to be disclosed in accordance with legal provisions;

(iii) Your domain is suspected of illegal activities, relevant law-enforcing department, domain dispute resolution institutions, third parties who need to claim rights against you require NameMart to disclose through necessary procedures;

(iv) Required disclosure according to NameMart’s Privacy Policy.

15. Miscellaneous

15.1 Notification. You agree that any notices sent to you by NameMart pursuant to this Agreement will be deemed to have been sent in accordance with the contact information you provided.

15.2 Waiver. No failure or delay by either party to exercise any right or remedy shall constitute a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Domain Name Service Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

15.3 Severability. If any provision of this Agreement is adjudicated to be invalid, it shall not affect the validity of the other provisions.