PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
In this terms, conditions and services agreement (collectively, the “Agreement”) "You," "Your," And "Customer" Refer to each customer and "Gathernames," "We," "Us" And "Our" Refer to gathernames. This agreement explains our obligations to you, and explains your obligations to us regarding your use of GatherNames's services and website.
By registering for an Account and/or using the GatherNames’s Services you accept the terms and conditions set forth in this Agreement. If you do not accept all of these terms and conditions, please do not register for an Account or use the our Services. By completing the registration process for an Account and clicking the “I agree” button, you agree to be bound by this Agreement as well as the terms and conditions of the following:
Gathernames abides by the ICANN Transfer Dispute Resolution Policy (http://www.icann.org/en/transfers/dispute-policy-12jul04.htm),as well as its own Dispute Policy.
1.OUR SERVICES
We provide you with Internet technical services and network services, including but not limited to domain name registration, domain name management and domain name trading services. Detailed information is available at www.gathernames.com.
2.USE OF GATHERNAMES SERVICES
Use of GatherNames services, you agree that:
2.1 As a condition of your access to and use of the Services, you agree that you will comply with any and all applicable laws and regulations, and will not engage in fraudulent or deceptive practices, when using the Services.
2.2 You have full capacity for civil rights and full capacity for civil conduct. If you are under 18, you may use our Services only with involvement of a parent or guardian. When completing the user registration process, follow the prompts on the corresponding pages to ensure that the information filled in is true, accurate, complete and effective.
2.3 We have the right to collect more identification materials and information according to the website when the relevant products or services are opened. We can refuse to provide relevant services if you do not provide further information.
2.4 You promise to update the E-mail address, telephone number and other contact information in time, so that we can make effective contact.If fail to get in touch with you due to these contact information, any loss or additional costs incurred in the service process shall be borne by you.
2.5 If the materials or information provided by you are incorrect, untrue, outdated or incomplete, we shall have the right to issue a notice of correction to you and reserve the right to disqualify the user and terminate the relevant services at any time.
2.6 To register as an agent for any other natural person or entity, you must provide the detailed information and authorized written documents of the agent and the principal to us. We will regard the registrant as its user if you do not provide the above information and documents.
3.NOTICES
3.1We use email to perform our contract with you and fulfil your Services requests. Note that, generally, you may not opt-out of these communications, which are transactional and not promotional in nature. If you do not wish to receive them, you have the option to not utilize our website and/or services.
3.2You further agree that:
We send customized information or service information to you through email, phone number, etc.
4.YOU ACCOUNT
You must create an account to use the services of GatherNames. You are solely responsible for maintaining, securing, updating, and keeping strictly confidential all login IDs and passwords, and for all access to and use of your account by you or any third party.
4.1ACCOUNT CONTACT INFORMATION
You must provide certain current, complete and accurate information about you with respect to your Account information and with respect to the WHOIS information for your domain name(s). You must update such information as needed to keep it current, complete and accurate. You must submit the following with respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Services: name, postal address, e-mail address, voice telephone number, and where available, fax number. The type of information you are required to provide may change and you must provide such information and keep your Account information current. Not providing requested information may prevent you from obtaining all Services.
4.2OBLIGATIONS RELATING TO THE ACCOUNT
(a)If, in obtaining Services, you provide information about or on behalf of a third party, you represent and warrant that you have a provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and obtained the third party's express written consent to the disclosure and use of that party's information as set forth in this Agreement.
(b)You represent and warrant that the statements in your application are true and that no Services are being procured for any unlawful or abusive purpose, including but not limited to the infringement of any intellectual property right or other right; the distribution of malware; the abusive operation of botnets; phishing, fraudulent or deceptive practices, etc.
4.3ACCESSING YOUR ACCOUNT
(a)It is your duty to safeguard your Account login identifier and password from any unauthorized use. Any person in possession of your Account login identifier and password will have both the ability and your authorization to modify your account and uses the relevant services.
(b)If you and/or user find that the account password has been illegally used by others or has any abnormal situation, please inform us immediately. Note that , you have to to modify and update their passwords in time to ensure the security of their accounts.
(c)If you contact us alleging that a third party has unauthorized access to your Account or domain names, you agree that we need time to know about all the details. You will indemnify us for any reasonable attorneys’ fees and costs we may incur in relation to the matter, even if those fees and costs accrue as a result of defending an action, or responding to a threat of an action, initiated by you or a third party.
5.USER RIGHTS AND RESPONSIBILITIES
5.1 You shall have the right to enjoy the Internet technology, information services, consultation and other services provided by us.
5.2 You agree to
(a) Provide true, accurate, and current information about yourself,as well as information about your credit card, bank account or other forms of payment, as may be requested by gathernames.
(b) Maintain and promptly amend all information provided to gathernames to keep it true, accurate, and current.
(c) Provide any additional information to us in the time frame requested by gathernames in connection with customer service, risk control, fraud prevention and compliance procedures.
(d) Take your own initiative to maintain appropriate security, protection and backup of the account content.
(e) Comply with the terms and any and all applicable laws and regulations when using the gathernames services.
(f) Be responsible for the development, operation, maintenance, transfer, processing, storage, and use of the content that you run on gathernames services, cause to interface with the gathernames services, submit to or upload into the gathernames services under your account.
(g) Recharge the account according to the actual situation of using the services. The balance of the account can only be used for domain name registration, management, transaction and other services, but not for other purposes. Even if the account balance has not been designated for a specific service, such account balance shall not be transferred, inherited, withdrawn, or required to return the equivalent currency or other disposal or benefit as property.
5.3 You shall not
(a) Sell, transfer, or sublicense your GatherNames account to others without GatherNames’s prior written consent.
(b) Engage in or be part of any scheme to cheat, mislead or defraud GatherNames, other members, other users of the GatherNames Platform, any other third party or for any unlawful purpose.
(c) Infringe or otherwise abet or encourage the infringement or violation of any third party’s Intellectual Property Rights (as defined below) or other proprietary right or rights of publicity and privacy or other rights recognized at law.
(d) Violate any applicable law, statute, ordinance or regulation. We have the right to terminate the service and not refund any money when the you violate the above. If any loss is caused to us due to the above behavior, you shall compensate for it.
5.4 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.
6.GatherNames RIGHTS AND RESPONSIBILITIES
6.1GatherNames shall provide qualified network technology and information services according to the services selected by users and payment conditions.
6.2GatherNames shall make every effort to prevent the use or disclosure of the Confidential Information of users. The obligations of confidence referred to in the provisions of this Clause shall not apply to any Confidential Information that:
(a)may be provided in accordance with the terms of this agreement or other service agreements, contracts, online terms between GatherNames and the customer;
(b)is in the possession of and is at the free disposal of the customer or is published or is otherwise in the public domain prior to its receipt by the customer;
(c)Is required to be disclosed by any applicable law or regulation;
(d)You agree that we provide to third parties, Where we provide products, services and information to a third party for the purpose of providing products, services and information to the customers.
(e) We solve the report event, file a lawsuit and submit;
(f) We must be submitted to prevent serious illegal ACTS or suspected criminal ACTS from happening and to take necessary and reasonable actions.
6.3We shall have the right to directly deduct the relevant service fees from your account balance according to the service terms and other terms agreed by you.
6.4We have the right to review the user and decide whether to accept the user as a member of us or whether to conduct a certain transaction with the user.
6.5We reserve the right to terminate services and close the account if you in violation of the provisions of national or local laws and regulations or the terms of this online registration, and in any case, we shall not be liable for any indirect, incidental, special or consequential damages.
6.6Investigation and Enforcement
(a)GatherNames shall have the right, to investigate any end User or your breach or violation of the terms.
(b)GatherNames shall have the right to report any activities that GatherNames 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 GatherNames shall have the right to access, disclose and/or remove any content you published on or submitted to GatherNames or to the GatherNames Platform (including any acount IDs Content) 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 GatherNames, or its shareholders, subsidiaries or affiliates.
7.CHANGES TO THIS AGREEMENT
7.1This Agreement may change over time, either through amendments by us, changes to ICANN policy or applicable law which may or may not be reflected in the text of this Agreement, or otherwise. Before any material changes to this Agreement become binding on you (other than changes resulting from a change in ICANN policy or applicable law), we will notify you of such changes by, for example, sending email to you at your email address of record, or official website announcement. If, as a result of such a change, you no longer agree with the terms of this agreement, please discontinue use of our services.
7.2We have the right to modify its service system and price without the prior consent of the customer. However, if the customer has reached an agreement with GatherNames on specific services and paid fees in accordance with the agreement before such modification, GatherNames will execute the agreement until the service period with paid fees expires.
8.Disclaimers and Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GATHERNAMES SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SAVE ONLY FOR ANY WARRANTIES, REPRESENTATIONS, CONDITIONS AND UNDERTAKINGS BY GATHERNAMES EXPRESSLY SET FORTH IN THIS AGREEMENT, GATHERNAMES HEREBY EXCLUDES ALL OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND UNDERTAKINGS, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GATHERNAMES MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH GATHERNAMES.
8.3 GATHERNAMES MAY MAKE AVAILABLE TO YOU SERVICES OR PRODUCTS PROVIDED BY INDEPENDENT THIRD PARTIES ON A PASS-THROUGH BASIS. NO WARRANTY OR REPRESENTATION IS MADE WITH REGARD TO SUCH SERVICES OR PRODUCTS. IN NO EVENT SHALL GATHERNAMES AND ITS AFFILIATES BE HELD LIABLE FOR ANY SUCH SERVICES OR PRODUCTS.
8.4 GATHERNAMES SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF INFORMATION), WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE OR ANY OTHER DAMAGES RESULTING FROM ANY OF THE FOLLOWING:
(a) THE USE OR THE INABILITY TO USE GATHERNAMES SERVICES;
(b) UNAUTHORIZED ACCESS BY THIRD PARTIES TO DATA OR PRIVATE INFORMATION OF YOU;
(c) STATEMENTS OR CONDUCT OF ANY USER OF GATHERNAMES;
(d) INTERRUPTION OF YOUR BUSINESS, WEBSITE, EMAIL OR OTHER SERVICES;
(e) ERRORS, OMISSIONS, OR MISSTATEMETNS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED UNDER THIS AGREEMENT;
(f) EVENTS BEYOND THE REASONABLE CONTROL OF GATHERNAMES, INCLUDING, WITHOUT LIMITATION, FAILURE OF ELECTRICAL OR TELECOMMUNICATIONS SERVICES;
(g) ANY OTHER MATTER RELATING TO GATHERNAMES SERVICES HOWEVER ARISING, INCLUDING NEGLIGENCE; or
(h) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES.
GatherNames's entire liability, and your exclusive remedy, with respect to any GatherNames services provided under this Agreement and any breach of this Agreement is limited solely to the amount you paid for such services. IN NO EVENT WILL GatherNames'S MAXIMUM AGGREGATE LIABILITY EXCEED THE LESSER OF THE TOTAL AMOUNT PAID BY YOU FOR SUBSCRIPTION TO ANY OF OUR SERVICES FOR THE REGISTRATION OF THE DOMAIN NAME. 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 greatest extent permitted by law.
9. Indemnity
You will defend, indemnify, and hold harmless GatherNames, its affiliates, licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with any third party claim concerning your and/or your End Users:
(a) Use of the GatherNames Services;
(b) Breach of the Terms;
(c) Breach of any applicable laws;
(d)Alleged infringement (including infringement of any Intellectual Property Rights) or misappropriation of third party rights in respect of any Member Content or by the use, development, design, production advertising or marketing of the Member Content; and/or
(e) Disputes against each other.
GatherNames will promptly notify you of any claim subject to the above, but GatherNames’s failure to notify you will only affect your obligations above to the extent that our failure prejudices your ability to defend the claim. GatherNames reserves the right to assume control of the defense and settlement of the claim at any time.
10.Governing Law and Dispute Resolution
The terms shall be governed by the laws of HONGKONG without regard to its conflict of law provisions. The parties to the terms hereby submit to the exclusive jurisdiction of the courts of HONGKONG.
11.General
11.1 This Agreement and the Terms constitute the entire agreement between you and GatherNames with respect to and governs the use of the GatherNames services.
11.2 Customer may not assign this agreement, by operation of law or otherwise, without GatherNames's prior written consent. Subject to that restriction, this agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Neither party's failure to enforce performance of any provision of this agreement will constitute a waiver of such party's right to subsequently enforce such provision or any other provision of this agreement. If any provision of this agreement, or portion thereof, is found to be unenforceable, such provision will be enforced to the maximum extent possible and the remainder of this agreement will continue in full force and effect.
