Terms of Use

Agreement to Terms

This Terms of Use Agreement (“Agreement”), created on the effective date and last amended on the date above, is made between you (“user,” “you,” or “your”) and the website owner identified below.

Website Owner

• Website URL: www.nameavailability.com
• Website Name: NameAvailability.com
• Company Name: NameAvailability.com

Final company name, address, and support e-mail should be inserted here before publication of the site.

The owner referenced above includes affiliated companies, websites, applications, software, and tools (the “Company,” “we,” “us,” or “our”). This Agreement outlines the rights and obligations that apply to your use of the website and any related services, tools, or content made available through it.

Any free trial, sample, or abridged version of our services, if offered, is intended as a one-time use based on the registering of a user's e-mail. It is prohibited to create more than one e-mail address solely to access additional free trials.

Access

Your access to and use of the website and the services is conditional upon your acceptance of and compliance with this Agreement. If you do not agree with any term of this Agreement, you may not access the website or its services.

Your access to and use of the services is also conditional upon your acceptance of and compliance with our Privacy Policy, which describes our policies and procedures concerning the collection, use, and disclosure of Personal Information. You should review the Privacy Policy before accessing the website or its services.

a.) Minors (under the age of 18)

If any user is a minor in the jurisdiction where they reside, the minor must obtain permission from a parent or guardian to use the website. If a minor accesses the website, it is assumed that a parent or guardian has reviewed and agreed to this Agreement and has given permission to the minor to use the website.

b.) Children (under the age of 13)

If any user is a child under the age of thirteen (13) years and located in the United States, it is assumed that verifiable parental consent has been obtained. This Agreement recognizes the protections described under the Children's Online Privacy Protection Act, including 15 U.S. Code § 6502.

We do not claim that the website's content is appropriate or suitable for all visitors or all jurisdictions. Any use of the website in a location where such use is prohibited is undertaken at your own initiative, and you are solely responsible for compliance with applicable laws.

Any supplemental amendments or documents posted on the website after the effective date of this Agreement are expressly incorporated into this Agreement.

Prohibited Activities

As a user of our services, it is prohibited to engage in activities that include, but are not limited to:

• Systematically retrieving data or other content from the website or services to create or compile a collection, compilation, database, or directory without written permission.
• Tricking, defrauding, or misleading other users or us, including attempts to learn sensitive account information such as passwords.
• Circumventing, disabling, or interfering with security-related features of the website or services.
• Disparaging, tarnishing, or otherwise harming the company, website, or any related service.
• Using any information obtained from the website or the service to harass, abuse, or harm another person or group.
• Making improper use of support services or making false reports of abuse or misconduct.
• Using the website or services in a manner inconsistent with their intended use or with applicable law.
• Engaging in spamming, linking, or referrals to other websites for improper commercial purposes.
• Uploading or transmitting viruses, trojan horses, or other harmful or disruptive material.
• Attempting unauthorized automated use of the website, such as scripts, mining tools, bots, crawlers, spiders, scrapers, or offline readers.
• Deleting copyrights, trademarks, disclaimers, or other proprietary notices from the website or its content.
• Impersonating another user or person by use of a username, e-mail, personal name, or otherwise.
• Uploading or transmitting passive or active information collection mechanisms such as spyware, pixel tags, or other tracking devices without authorization.
• Interfering with, disrupting, or creating an undue burden on the website, services, networks, or related systems.
• Harassing, annoying, intimidating, or threatening users, employees, contractors, or affiliates.
• Disabling or attempting to disable restrictions that prohibit access to certain areas of the website.
• Copying or adapting the software of the website, including Flash, PHP, HTML, JavaScript, or other code.
• Deciphering, decompiling, disassembling, or reverse engineering any software on the website.
• Using the website, services, marks, content, data, or any part thereof for revenue-generating, competing, or unauthorized commercial purposes.
• Advertising or offering to sell goods or services through the website without authorization.
• Selling your user profile or account on the website.

Guidelines for Reviews

If the website provides the ability to leave a review or rating, any such review must:

• Reflect firsthand experience with the person or entity being reviewed.
• Not contain offensive, abusive, racist, or profanity-laden language.
• Not contain discriminatory references related to religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
• Not include references to illegal activity.
• Not be posted as part of a scheme working with one of our competitors.
• Not make unsupported suggestions or conclusions as to the legality of our services, products, or conduct.
• Not contain false or misleading statements about your experience.
• Not be part of a campaign encouraging others to post coordinated positive or negative reviews.

We may accept, reject, or remove reviews in our sole discretion. Reviews posted by users do not represent our views or statements. By posting a review, you grant us a perpetual, nonexclusive, worldwide, commercial, royalty-free, assignable, and sublicensable license to reproduce, modify, translate, transmit, display, perform, and distribute the content of such review.

Copyright Policy

a.) Intellectual Property Infringement

We respect the intellectual property rights of others and will respond to any claim that content on the website infringes a trademark, copyright, or other protected intellectual property right.

If you believe your protected intellectual property is being used without authorization, you must contact us using the contact details published on the website and include a detailed description of the alleged infringement.

b.) DMCA Notice and Procedure

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing the following information in writing:

• An electronic or physical signature of the copyright owner or a person authorized to act on their behalf.
• A description of the copyrighted work you claim has been infringed, including the URL or a copy of the work.
• Your contact details, including your name, address, phone number, and e-mail address.
• A statement that the claimed use is unauthorized and that the request is made in good faith.
• A statement under penalty of perjury that the information provided is accurate.

Upon receipt of a valid copyright infringement notification, we will take steps required by applicable law to remove or disable access to the challenged content.

Intellectual Property

Except as otherwise indicated, all source code, databases, functionality, software, graphic designs, media, content, trademarks, service marks, logos, and copyrights on the website are considered proprietary intellectual property owned by us or licensed to us and protected by applicable law.

No intellectual property may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for commercial purposes without our express prior written permission.

User Obligations

By using the website or any of its services, you agree that:

• Any information submitted for registration purposes, if required, will be accurate and complete.
• You will update your information in a timely fashion if it changes.
• You have the legal capacity to understand, agree with, and comply with this Agreement.
• You are not a minor in the jurisdiction where you reside unless use is permitted as described above.
• You will not access the website or its services through bots, scripts, or any unintended automated means.
• You will use the website and its services in an authorized and lawful manner consistent with this Agreement.

If information submitted by you is deemed inaccurate, outdated, or incomplete, we reserve the right to terminate your access or account and any future intended use.

Third Party Website and Content

Our website or services may contain links to third-party websites or services that are not owned or controlled by us. We assume no responsibility for the content, privacy policies, terms of use, practices, services, experiences, activities, or other acts of third parties.

If you are redirected to a third-party website, you agree to hold us harmless from liability for actions occurring on those third-party sites, including any resulting damages, losses, or claims.

Advertising

We may host, display, recommend, or link to websites or services in exchange for a fee. Such advertisements may be provided through advertising networks based on user data. We do not own or control such advertisements and assume no responsibility for their content, privacy policies, terms of use, practices, services, experiences, or activities.

Our relationship with advertisers begins and ends with providing space for the placement of such advertisements and receiving compensation in accordance with applicable advertising or affiliate terms.

Site Management

To ensure the best experience for all users, we reserve the right in our sole discretion to:

• Monitor the website, services, and related content for violations of this Agreement.
• Take appropriate action, including legal action, against users who violate this Agreement or attempt to defraud or harm others.
• Refuse, restrict, limit, disable, or remove files or content that are burdensome to our systems or users.
• Otherwise manage the website and services in a way that protects our rights and property and supports optimal operation.

Termination

We may terminate or suspend your account or access for any reason and at our sole discretion, with or without prior notice. Upon termination, your access to the website and services will cease immediately.

If you wish to terminate your relationship with us, you may do so by discontinuing use of the website and its services.

Governing Law

The laws governing the company's jurisdiction, as identified in the final published business information, shall govern this Agreement, including your use and access to the website and services. Your use of this website may also be subject to other local, state, national, and international laws.

Dispute Resolution

If you raise a dispute about the website, its content, or any of the services offered, you are required to attempt to resolve the dispute first by contacting us.

a.) Mediation

If a dispute cannot be resolved directly, it shall be moved to mediation for a period of 30 days with at least 10 hours to be committed by each party in accordance with the procedures of the United States Arbitration & Mediation. All costs related to mediation shall be shared equally by both parties.

b.) Arbitration

If the dispute cannot be resolved during the mediation period, the dispute will be submitted to binding arbitration in the jurisdiction of governing law.

We retain the right to bring proceedings regarding the substance of any dispute in the courts of the country where you or we reside.

“As-Is” Disclaimer

The website and any services offered are provided on an “as-is,” “where is,” and “as available” basis, including faults and defects without warranty.

To the maximum extent permitted under applicable law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as warranties arising from course of dealing, course of performance, usage, or trade practice.

Without limitation, we make no representation or warranty that:

• The website or any services will meet your requirements or achieve intended results.
• The website or services will be compatible with other software, applications, systems, devices, or services.
• The website or services will operate without interruption or meet any performance or reliability standards.
• The information or content provided through the website or services is accurate, reliable, or current.
• The website, services, servers, or communications are free of viruses, malware, or other harmful code.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on statutory rights, so some exclusions and limitations may not apply to you. These exclusions and limitations apply to the greatest extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, agents, affiliates, officers, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

• Our content.
• Your use of the website or any of our services.
• Your inability to use the website or any of our services.
• Your breach of this Agreement.
• Your breach of any representation or warranty set forth in this Agreement.
• Your violation of the rights of a third party, including intellectual property rights.
• Any overt harmful act toward another user of the website or its services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

Notices

Except as explicitly stated otherwise, notices sent to us should be sent using the official contact information published on NameAvailability.com. Notices sent to you regarding communication required by this Agreement may be sent to the e-mail associated with any account created on the website.