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Membership Agreement

Updated Time:2020-07-16  Views:841

PLEASE READ THIS TERMS OF THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

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 Gname, GNAME.COM PTE. LTD., LLC, a Singapore limited liability company (collectively, the "Company" or “Gname”), 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 Gname.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 Gname. 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 Gname.com and its services, you represent and warrant that you are at least twenty-one (21) years of age or otherwise 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 found under the laws of Singapore or other applicable jurisdiction. Likewise, you are not previously barred from using any of Gname'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 Gname’s reliance on any instruction, notice, document or communication reasonably believed by GNAME 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, Gname reserves the right, in its sole discretion, to suspend or terminate your Account. 
2.1ACCOUNT VERIFICATION
Customers will be notified what exact verification requirements Gname 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. Gname 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 gname's sole discretion. 
2.2SECURITY
You agree that if you are issued IDs and Password by gname 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 Gname 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. Gname 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 Gname 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 gname in the time frame requested by gname 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. gname 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 illegal activity;
(ii)engage in or be part of any scheme to cheat, mislead or defraud gname, 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 gname’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 (including without limitation those commodity trading act, consumer protection, unfair competition, anti-discrimination or false advertising or similar law);
(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 gname'  s services.
(x)resell or provide the services for a commercial purpose, including any of related technologies, without gname's express prior written consent.
3.4 without limiting any of the rights set forth elsewhere in this agreement, gname expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this site or any servicesto 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 gname policy; or
(ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the site or services (as determined by gname 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 gname's privacy policy. Should you not agree to gname'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 gname 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 gname 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. Gname 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 Gname’s legal notice.

5. Monitoring Of Content; Investigation
5.1 Gname reserves the right, to investigate any end user or your breach or violation of the Terms.
Gname may remove any item of User Content or terminate a User’s access to the Services found violating this Agreement (as determined by Gname in its sole and absolute discretion), at any time and without prior notice.
5.2 Gname shall have the right to report any activities that gname 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 gname 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 gname payment and tax terms. You will pay gname the applicable fees for use of the relevant gname services by the payment methods that the gname platform supports.
6.2 The fees, charges, and tax terms for our services may be may be updated from time to time on gname.com Platform 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 gname. 
6.4 Any payments that be judged fraudulent, questionable will not be counted.

7.Term; Termination
7.1 This Agreement shall become effective immediately upon your registration and activation of account successfully.
7.2 Without prejudice and in addition to its rights and remedies at law, gname 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 gname, you have engaged in any of the following:
(i) breached the Terms;
(ii) used gname’s Services in a way that poses a security or system stability risk to the gname  Platform or any third party;
(iii) used gname’s Services in a way that subjects, or will subject, gname 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 gname suspends your right to use your account or any of the gname services, you shall remain responsible for any and all fees and charges for the gname services that you have incurred up to the date of service suspension. You shall be responsible for the fees and charges for the gname’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 Gname 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, gname 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 gname, 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 gname 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 gname 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 gname 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 gname 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.GOVERNING LAW; JURISDICTION.
This agreement shall be governed by and interpreted and enforced in accordance with the laws of Singapore applicable therein without regard to its conflict of law provisions. Any action relating to this agreement must be submit to the exclusive jurisdiction of the courts of Singapore.

12.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.

13.General
13.1 The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
13.2 Gname’s failure to enforce any right or failure to act with respect to any breach by you under this Agreement will not waive that right nor waive gname’s right to act with respect with subsequent or similar breaches.
13.3 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.

14. CONTACT INFORMATION 
If you have any questions about this agreement, please contact us by email at legal@gname.com or sumit a ticket via your Gname account.

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