Please read the terms and conditions of this agreement carefully. This
Membership Agreement applies to any person or entity which creates a user
account with Zname.com, otherwise has control over a user account with Zname.com,
or uses any of the services described herein.
By using this site or by clicking "I agree" to this Agreement,
you ("Member" or "You") signify your agreement to these
terms and conditions. This Agreement sets forth the general terms and
conditions of your use of the site and the products and services purchased or
accessed through this site (individually and collectively, the “Services”).
Please check this Agreement periodically for changes as Zname.com (“Zname.com”),
reserves the right to revise this Agreement and your continued use of this site
following the posting of any changes to the Agreement as well as any additional
rules and policies posted on Zname.com constitutes your acceptance of such
changes. We reserves the right to terminate a Member's use of this site at any
time, after, before or during a transaction, without notice, and may do so at
any time, for any reason.
The terms “we”, “us” or “our” shall refer to Zname.com. The terms “you”,
“your”, “User” or “customer” shall refer to any individual or entity who
accepts this Agreement, has access to your account or uses the Services.
Nothing in this Agreement shall be deemed to confer any third-party rights or
benefits.
1. Eligibility
By using Zname.com and its services, you represent and warrant that you
are recognized as being able to form legally binding contracts under applicable
law. You further represent and acknowledge that you are not previously barred
from purchasing or receiving services under the laws of applicable
jurisdiction. Likewise, you are not previously barred from using any of Zname.com'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 find that you do not
have the legal authority to bind such corporate entity, you will be personally
responsible for the obligations contained in this Agreement. We shall not be
liable for any loss or damage resulting from Zname.com’s reliance on any
instruction, notice, document or communication reasonably believed by ZNAME.COM
to be 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 you
create 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, out-of-date or
incomplete, Zname.com reserves the right, in its sole discretion, to suspend or
terminate your Account.
2.1 Account Verification
Customers will be notified what exact verification requirements Zname.com
will require 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, such as a passport; and any additional
verifications as deemed necessary. Zname.com reserves the right to revoke verification
on previously verified accounts and require the user to provide updated
verification information and documentation (i.e., re-verification) at Zname.com's
sole discretion.
2.2 Security
You agree that if you are issued IDs and Password by Zname.com you shall
use your best efforts to prevent access to this site through your email and
Password by anyone other than yourself, including but not limited to, keeping
such information strictly confidential, notify Zname.com immediately of any
breach of security or unauthorized use of your Account. You are solely
responsible for the activity that occurs on your Account, whether authorized by
you or not, and you must keep your Account information secure. Zname.com will
not be liable for any loss you incur due to any unauthorized use of your
Account. You, however, may be liable for any loss Zname.com or others incur
caused by your Account, whether caused by you, or by an authorized person, or
by an unauthorized person.
You agree that you shall not try to sign in the account by any unlawful
way or violation of applicable law. You understand that such actions are likely
to 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 its rights and
the rights of its other licensors.
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 that:
(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 as may be requested by us.
Furthermore, you have to maintain and promptly amend all information provided
to us to keep it true, accurate and current.
(iii) provide any additional information to Zname.com in the time frame
requested by Zname.com in connection with customer service, risk control, fraud
prevention and compliance procedures;
(iv) agree to back-up all of your user content so that you can access
and use it when needed. Zname.com does not warrant that it backs-up any account
or user content, and you agree to accept as a risk the loss of any and all of
your user content.
3.3 You shall not:
(i) promotes, encourages or engages in illegal activities;
(ii) engage in or be part of any scheme to cheat, mislead or defraud Zname.com,
other members, other users of our platform, any other third party or for any
unlawful purpose;
(iii) sell, transfer, or sublicense your account to others without Zname.com’s
prior written consent;
(iv) infringement or violation of any third party’s Intellectual
Property Rights or other proprietary right or rights of publicity and privacy
or other rights recognized at law.
(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 the integrity of the computer systems, disrupt, damage
or limit the functionality of any software or hardware, and interfere with the
operation of this site or the services found at this site. You will not modify
or alter any part of this site or the services found at this site or any of its
related technologies.
(viii) access or use our services in a way intended to avoid the
relevant fees or charges;
(ix) contains false or deceptive statement language , or unsubstantiated
claims, regarding Zname.com's services.
(x) resell or provide the services for a commercial purpose, including
any of related technologies, without Zname.com's express prior written consent.
3.4 without limiting any of the rights set forth elsewhere in this
agreement, Zname.com expressly reserves the right to deny, cancel, terminate,
suspend, or limit future access to this site or any services to any user, ex:
(i) whose account or services were previously terminated or suspended,
whether due to breach of this or any other agreement or any Zname.com policy;
or
(ii) who otherwise engages or has engaged in inappropriate or unlawful
activity while utilizing the site or services (as determined by Zname.com in its
sole and absolute discretion).
3.5 ICANN Registrant Rights and Responsibilities
You must comply with all applicable terms and conditions, policies and
procedures set by ICANN and summarized on ICANN's
website:http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.
3.6 General Data Protection Regulation (GDPR). By using this site and
our services you expressly agree that you have read and agree to both GDPR and Zname.com's
privacy policy. Should you not agree to Zname.com's privacy policy you agree
that you will not use our systems and services.
4. Intellectual Property.
4.1 This agreement does not grant either party any rights to the other’s
content or any of the other’s intellectual property rights except as set forth
otherwise in this agreement or other applicable agreements binding your use of Zname.com
services.
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 Zname.com 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. Zname.com 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 Zname.com’s legal notice.
5. Monitoring of Content; Investigation
5.1 Zname.com reserves the right, to investigate any end user or your
breach or violation of the Terms.
Zname.com may remove any item of User Content or terminate a User’s
access to the Services found violating this Agreement (as determined by Zname.com
in its sole and absolute discretion), at any time and without prior notice.
5.2 Zname.com shall have the right to report any activities that Zname.com
considers to be in violation of the Terms or any regulations or laws in any
jurisdiction to the relevant enforcement agencies, regulators, government
bodies, and any other appropriate third parties and Zname.com shall have the
right to access, disclose and/or remove any content you published on or
submitted to us or to the in connection therewith or to comply with applicable
law, legal process or lawful government requests, or in respect of any claims
or potential claims brought against us, or its shareholders, subsidiaries or
affiliates.
6. Fees, Payment and Tax
6.1 Unless otherwise provided by the terms of service or agreed to by us
in writing, any payments, fees, charges or taxes payable under this agreement
and/or the terms shall be payable by you in accordance with the prevailing Zname.com
payment and tax terms. You will pay Zname.com the applicable fees for use of
the relevant Zname.com services by the payment methods that the Zname.com
Platform supports.
6.2 The fees, charges, and tax terms for our services may be updated
from time to time on Zname.com and will take effect upon publication on the
platform.
6.3 Any and all payment made by you may not be set-off or counterclaimed
without the written consent of Zname.com.
6.4 Any payments that be judged fraudulent, questionable will not be
counted.
6.5 Agency payment, credit card cash-outs and money laundering are strictly prohibited from this site. Once found, your account balance will be frozen immediately.
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 its rights and remedies at law,
Zname.com may suspend or terminate your Account, or limit or restrict your
rights to your Account, immediately upon notice to you if, in the sole discretion
of Zname.com, you have engaged in any of the following:
(i) breached the Terms;
(ii) used Zname.com’s Services in a way that poses a security or system
stability risk to the Zname.com Platform or any third party;
(iii) used Zname.com’s Services in a way that subjects, or will subject,
Zname.com or its affiliates to liability;
(iv) engaged in any fraudulent, deceptive or unlawful act; or
(v) become the subject of any bankruptcy, reorganization, liquidation,
dissolution or similar proceedings.
(vi) other legal reasons.
7.3 If Zname.com suspends your right to use your account or any of the Zname.com
services, you shall remain responsible for any and all fees and charges for the
Zname.com services that you have incurred up to the date of service suspension.
You shall be responsible for the fees and charges for the Zname.com’s services
that you continue to have access or rights to use.
8. Terms Modifications
You acknowledge that the practice of registering and administering
domain names is constantly evolving; therefore, you agree that Zname.com may
modify this Agreement, or any other related and/or applicable agreement, as is
necessary to comply with its agreements with ICANN, a registry or any other
entity or individual, as well as to adjust to changing circumstances. 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 request for transfer will be your exclusive remedy if you do
not wish to abide by any change to this Agreement, or any other related and/or
applicable agreement.
9. Disclaimer of Warranties and Limitation of liability
9.1 You agree that your use of our service(s) is solely at your own risk
and that this site and the services found at this site are provided “as is”, “as
available”. to the maximum extent permitted by applicable law, Zname.com
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 Zname.com,
its officers, directors, employees, or agents (including without limitation its
customer service representatives), and services or products provided by
independent third parties on a pass-through basis.
9.3 Zname.com makes no representations or warranties of any kind
whatsoever that registration or use of a domain name under this agreement will
immunize you either from challenges to your domain name registration, or from
suspension, cancellation or transfer of the domain name registered to you.
9.4 Zname.com makes no representation or warranty that the content
available on this site or the services found at this site are appropriate in
every country or jurisdiction, and access to this site or the services found at
this site from countries or jurisdictions where its content is illegal is
prohibited.
9.5 The foregoing disclaimer of representations and warranties shall
apply to the fullest extent permitted by law, and shall survive any termination
or expiration of this agreement or your use of this site or the services found
at this site.
10. Indemnity
You agree to protect, defend, indemnify and hold harmless Zname.com and
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, without
limitation, reasonable attorneys’s fees) imposed upon or incurred by Zname.com
directly or indirectly arising from
(i) your use of and access to this site or the services found at this
site;
(ii) your violation of any provision of this agreement or the policies
or agreements which are incorporated herein; and/or
(iii) your violation of any third-party right, including without
limitation 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 this site or the
services found at this site.
11. Email Notifications
Any notice, direction or other communication given under this Agreement
shall be in writing and given by sending it via email or via regular mail. In
the case of 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.
In the case of notification to you 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 court or tribunal of competent
jurisdiction to be void or unenforceable, the validity or enforceability of the
remainder of the terms herein shall remain in full force and effect.