"Namecore" refers to Namecore.com and its owners, operators, representatives, parents, subsidiaries, successors, assigns, employees, attorneys, contractors, independent contractors, agents, officers, directors, shareholders, partners, advertisers, affiliates, co-branders, registrants, and related parties. "You" refers to you as a user of this Web site, any party authorized to act on your behalf, your company, partner, or any party you are representing or acting on behalf of, on Namecore. "Domain" or "Domains" refers to a domain name registration that is owned by Namecore.
You represent that you are at least eighteen years old and have provided and will continue to provide accurate and correct information to Namecore. You represent that you have full authority to enter into this Agreement and perform its terms and conditions. You warrant that each action you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of any third parties.
This Agreement is subject to the laws of the State of Florida, United States of America. You agree that any dispute arising out of your use of Namecore or services provided shall be governed by and construed in accordance with local laws applicable of the State of Florida, United States of America, notwithstanding any differences between the said applicable legislation and legislation in force at your location. You agree to waive questions of jurisdiction and all disputes brought by you shall be located exclusively in the courts of the City of West Palm Beach, State of Florida, United States of America. The parties specifically exclude the United Nations Convention of Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act from application to this Agreement.
The content and the services provided to you on and via Namecore are provided on an "as is" and "as available" basis. You understand and agree that your use of Namecore and of any services or content provided is at your own risk. As such, Namecore makes no warranty or representation, either express or implied, regarding the quality, availability, reliability, stability, security, safeness, virus-freeness, accuracy or completeness of such content and expressly disclaims liability for errors and/or omissions in said content and services. Namecore will not be held responsible or liable for timeliness, removal of information, failure to store information, or improper delivery of information. You agree that Namecore reserves the right to modify or discontinue provision of Namecore and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability toward you. You agree that Namecore may expose you to content that may be objectionable or offensive. Namecore will not be responsible to you in any way for content displayed or accessible on Namecore, nor for any errors and/or omissions. You understand and agree that neither Namecore nor any participant of Namecore provides professional advice of any kind and that any advice or any other information obtained via Namecore may be used solely at your own risk, and Namecore will not be held liable in any way for such advice or information.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions of this Agreement remain enforceable notwithstanding.
All messages, responses, and other communication between you and Namecore, including but not limited to electronic mails ("e-mails"), instant messages, text messages, phone conversations, voicemails, and Web pages are confidential and/or subject to copyrights. You agree to take all reasonable steps to protect this confidential information and shall not copy, distribute, share, or make public, any information from Namecore without prior written permission from Namecore.
Namecore makes no warranty or representation, either express or implied, that any of its Domains are "for sale." Domains that are listed "for sale" on any listing directories or on any services (including this Web site, WHOIS records, marketplaces, partner sites or affiliate sites) shall be verified as "for sale" with written documentation from Namecore and any "for sale" listings without supporting confirmation from Namecore do not constitute an offer to sell the Domains, and Namecore is not stating any explicit intention to sell the Domains. As such, Namecore explicitly disclaims liability for unavailable, inaccurate, erroneous, misrepresented and/or misleading "for sale" listings of Domains or information about Domains.
You understand and agree that all of Namecore's Domains have been and continue to be registered for development purposes and all of Namecore's Domains are scheduled for active development, in a state of active development or are fully developed, and the Domains will act or presently act as an active Web presence for a project, business or advocacy group. You understand and agree that all of Namecore's Domains have been and continue to be registered in good-faith and under the belief (to Namecore's knowledge) that the Domains do not conflict or infringe on any trademarks (Domains are held to a high level of "genericness") and it is not Namecore's intention to solicit or profit from any trademark owners (or any competitors of trademark owners). You agree that all of Namecore's Domains are of generic or undefined nature, and applicable to any market or business without prejudice. As such, you understand and agree that owning a trademark on a generic or undefined name in one market does not grant you any legal rights to the name (or relevant Domain) that could be used in a second, unrelated market to the market for which you have a trademark, and you will not claim any rights over Namecore's Domains or file any disputes against Namecore for any Domains, especially if your trademark is not an internationally recognized brand among tens of millions of people with an equally large Web presence. You understand that some of Namecore's Domains may enlist in WHOIS contact privacy services, to fight the constant threat of spam and viruses transmitted via publicly available contact information, and you agree that this is not indicative of "bad faith" use by Namecore. As always, you are able to reach Namecore directly at any time via the Contact Us page on this Web site.
By interacting and/or communicating with Namecore in any way regarding Namecore's Domains, you are acting as the sole initiator of a possible transaction between you and Namecore, and as such, you agree not to file any disputes against Namecore for any reason and forgo all rights available to you regarding Namecore's Domains through Internet Corporation for Assigned Names and Numbers ("ICANN"), including those available under the Uniform Domain-Name Dispute-Resolution Policy ("UDRP"), and World Intellectual Property Organization ("WIPO") and any other legal mediator.
By using Namecore or any service provided, you explicitly agree that: (a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, designed to interfere with or disrupt the operation of Namecore or any service provided, infected with a virus or other destructive or deleterious programming routine, giving rise to civil or criminal liability or in violation of an applicable local, national or international law; (b) you will not impersonate or misrepresent your association with any person or entity, and you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you; (c) you will not collect or harvest any information about other users; (d) you will not provide, and you will not use Namecore to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes or any other form of unauthorized advertising or commerce; you will not use Namecore to promote or operate any service or content without prior written consent from Namecore; (e) you will not provide any content that may give rise to Namecore being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.
Should any access to the Namecore Web site, its programs, processes, or systems be found in abuse or violation of this Agreement, Namecore retains the right to deny service (including access to this Web site) for failure to comply with this Agreement.
Namecore shall not be liable under any circumstances to you or any other person for direct, indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit, data, goodwill or any intangible losses, for any matter, whether such liability is asserted on the basis of contract, tort (including but not limited to negligence) or breach of warranties, either express or implied.
In the event that any state or province or country does not permit this broad exclusion or limitation on liability for damages as contained herein, or if the broad exclusion is invalidated in whole or in part for any reason, Namecore's liability is limited to the full extent that is permitted by law. You agree that in no event shall Namecore's maximum aggregate liability exceed one-hundred United States dollars ($100 USD).
You agree to defend, indemnify and hold harmless Namecore from any loss, liability, damages or expense, including reasonable legal fees, resulting from any third party claim, action, proceeding or demand related to your use (including your agents, affiliates or anyone acting on your behalf) of Namecore.
Namecore is not liable for any cessation, interruption, or delay in the performance of its obligations hereunder due to natural disasters (including fire, flood, earthquake, storm, hurricane or any other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, riots, civil commotion, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, governmental acts or restriction (such as government sanction), blockage, embargo, labor dispute, strike, technical difficulties, lockout or interruption or failure of electricity, internet or telephone service, or any other causes beyond Namecore's reasonable control.
If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. Namecore will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Namecore as reflected in the original provision.
By using any services provided by Namecore (including this Web site) or contacting Namecore by any other method to request a purchase price, make an offer, negotiate a sale or agree to a purchase price for a domain name, you agree to Namecore's Terms of Sale.
You agree that any claim or cause in respect of Namecore or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation.
This Agreement is considered a legally binding contract. This Agreement is binding on you, your heirs, successors and assigns, partners, agents, parent corporations, subsidiaries, affiliates, employees. You acknowledge these terms and conditions, and you agree to be bound by them.