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Membership Agreement

Updated Time:2020-07-16  Views:93119

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

This Membership Agreement (this "Agreement") represents an agreement entered into between you, and anyone acting on your behalf, ("you", "your" or "User") and GNAME.COM PTE. LTD. ("Gname", "we", "us" or "our") and governs your access to and use of Gname.com (the "Website") and/or the products and services purchased or accessed through the Website (collectively, the "Services"). Please note that this Agreement includes and incorporates by reference our Privacy Policy accessible at <http://go.gname.net/privacy> ("Privacy Policy").

By using accessing or using any part of the Website and/or Services and/or by clicking "I agree" to this Agreement, you acknowledge and agree that (i) you have read, understood, and agreed to be bound by the terms of this Agreement and Privacy Policy, (ii) you are of legal age, and (iii) have the capacity to form a binding contract with Gname under the applicable law. If you (i) do not agree to be bound by the terms of this Agreement and Privacy Policy, (ii) are not of legal age, or (iii) do not have the capacity to form a binding contract with Gname, you may not access or use the Website or Services.

1.ELIGIBILITY

You represent and warrant that you are of legal age and have the capacity to form a binding contract with Gname under the applicable law. You further represent and acknowledge that you have not been previously banned from the Website and/or 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 in this Agreement. If 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 such 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 an account ("Account") with us 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, at its sole discretion, to suspend or terminate your Account.

2.1 ACCOUNT VERIFICATION

You will be notified of the exact verification requirements required by Gname when you create your Account. The methods of verification may include phone verification, email verification, verification through a high quality color scan or photo of an official government issued identification card such as a passport etc, and any additional verifications as deemed necessary. Gname reserves the right to require you to provide updated verification information and documentation, and/or to reject your verification if it suspects that you have provided false or outdated verification information and documentation. 

2.2 SECURITY

You agree that you shall be solely responsible for maintaining the confidentiality and security of your Account and any Account passwords issued by Gname, and shall use your best efforts to prevent unauthorised access to your Account. You shall immediately notify Gname if you suspect or become aware of any breach of security or unauthorized use of your Account. Notwithstanding the foregoing, you acknowledge and agree that you are solely responsible for all activities that occurs on your Account and all actions taken through the use of your Account shall be attributable to you, whether authorized by you or not. Gname shall not be liable for any loss or damage due to any unauthorized use of your Account. You, however, may be held liable for any expenses, losses or damages Gname or others incurred that were caused by your Account, whether or not caused by you, and whether or not authorised by you.

You agree that you shall not sign in  (or attempt to sign in) to the Account by any unlawful way or in violation of applicable laws, rules and regulations. 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 our rights.

2.3 Disclosure of Account information and other information

Gname shall have the right to access and/or disclose your Account information and any information (including personal data) that you have provided to us to comply with any applicable laws, rules, regulations, legal process, court orders, or lawful requests by enforcement agencies, regulators, competent courts, government bodies, and any other appropriate third parties (including Gname’s suppliers and payment gateway partners), whether in Singapore or other jurisdictions.

3.USER Rights And Responsibilities

3.1 Subject to the terms and conditions of this Agreement and any other agreement you have with Gname, Gname grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, and non-assignable license to access and use the Website and/or Services.

3.2 You shall:

comply with the terms of this Agreement and all applicable laws, rules, regulations and when accessing and/or using the Website and/or Services.

provide true, accurate, and current information about yourself, your business, and other related information as may be requested by us. Furthermore, you shall maintain and promptly amend all information provided to us to keep it true, accurate and current.

provide any additional information to Gname in the time frame requested by Gname in connection with Gname's customer service, risk control, fraud prevention and compliance procedures etc;

be responsible for storing all of your user content so that you can access and use it when needed. Gname does not back-up any account or user content, and is not responsible for any loss of your 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:

promote, encourage or engage in illegal activity through the use of the Website and/or Services;

engage in or be part of any scheme to cheat, mislead or defraud Gname, other Users of the Website and/or Services or any other third party;

sell, transfer, or sublicense your Account to others;

infringe or violate any person or entity’s intellectual property rights, proprietary rights, right of publicity, rights to privacy, or other rights recognized at law through the use of the Website and/or Services;

impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity or otherwise engage in fraudulent representations or conduct through the use of the Website and/or Services;

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);

interfere with or disrupt the integrity or performance of the Website and/or Services;

access and/or use the Website and/or Services in a way intended to avoid incurring relevant fees or charges;

make any false or deceptive statement or unsubstantiated claims regarding Gname, the Website and/or the Services;

resell or provide the Services for a commercial purpose, including any of related technologies, without Gname’s  express prior written consent;

use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download any information and data from the Website;

reverse engineer, decompile, disassemble, extract any element of, or otherwise attempt to derive the underlying source code, algorithm, software programs, processes, methods, techniques, trade secrets, structure or organization of the Website, the Services and/or Gname's system or network;

upload, store on, or transmit or make available through the Website, the Services and/or Gname's system or network any Harmful Codes; and

attempt to probe, scan, or test the vulnerability of the Website, the Services and/or Gname's system or network, bypass any restrictions, or breach any security or authentication measures.

For the purposes of this Agreement, “Harmful Code” means any computer code, files, scripts and programs, including any malware and/or software, that is intended or known to be harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorised disclosure or destruction or corruption of data, including viruses, worms, spyware, adware, keyloggers, trojans, ransomware and any other types of threat.

3.4 You acknowledge and agree that, without limiting any of the rights set forth elsewhere in this Agreement, Gname expressly reserves the right to deny, cancel, terminate, suspend, or limit any future access to this Website or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any User (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 using the Website or Services (as determined by Gname in its sole and absolute discretion).

3.5 You acknowledge and agree that, if your purchase or account activity shows signs of fraud, abuse or any other suspicious activity, Gname may cancel any service associated with your name, email address or account and close any associated Gname accounts. If Gname, in its sole discretion, determines that any conducted activity is fraudulent, Gname reserves the right to take any necessary legal action and you may be liable for monetary losses to Gname including litigation costs and damages. Please contact Gname online customer service if to contest cancellation of Services or freezing or closure of an account.

4.Intellectual Property

4.1 You do not acquire any rights, title or interest in or to the Website and/or Services, other than a right to use the Website and/or Services in accordance with the limited license granted hereunder and subject to all terms, conditions and restrictions under this Agreement.

4.2 Gname reserves and shall retain its entire right, title, and interest in and to the Website and/or Services, including all intellectual property rights therein or relating thereto. You agree that you will not create or attempt to infringe any person's or entity's intellectual property rights or damage any person's or entity's 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 Gname supports the protection of intellectual property rights. If you would like to submit (i) a trademark claim for violation of a valid and registered trademark or service mark, or (ii) a copyright claim in relation to material which you hold a bona fide copyright, please refer to Gname’s legal notice accessible at <https://www.gname.com/law?lang=us>.

5.Monitoring Of Content & Investigation

5.1 Gname reserves the right to monitor your access to or use of the Website and/or Services, check, vet and/or control any activity, content or information occurring on or through the Website and/or Services, to ensure your compliance with this Agreement, or to comply with Gname’s obligations under applicable laws, rules or regulations, or the order or requirement of a court or other governmental authority, whether in Singapore or other jurisdictions.

5.2 Gname shall have the right to report any activities that Gname considers to be in violation of the terms of this Agreement or any applicable laws, rules and regulations in any jurisdiction to the relevant enforcement agencies, regulators, government bodies, and any other appropriate third parties, whether in Singapore or other jurisdictions. 

5.3 Gname shall have the right to access, disclose and/or remove any content published on the Website and/or Services or submitted to us to comply with any applicable laws, rules, regulations, legal process, court orders or lawful requests by enforcement agencies, regulators, competent courts, government bodies, and any other appropriate third parties, whether in Singapore or other jurisdictions, or in respect of any claims or potential claims brought against us, or our shareholders, subsidiaries or affiliates.

5.4 Gname reserves the right to remove any item of User’s content (whether posted to a website hosted by Gname or posted to this Website), and/or suspend or terminate User’s access to this Website and/or Services for posting any material in violation of this Agreement and other Gname policy (as determined by Gname in its sole and absolute discretion), at any time and without prior notice. Gname may also suspend or terminate a User’s access to the Website and/or Services if Gname has reason to believe the User might be a repeat offender.

5.5 If Gname terminates your access to this Website and/or Services, Gname may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

5.6 Gname reserves the right, but assumes no liability, to review the User’s use of the Services and account activity for any behavior that may breach this Agreement or pose a risk to Gname and/or Gname’s systems.

6.Fees, Payment & Tax

6.1 In order to access and use our Services that are pay-per-use services, you must make full payment of the fees for the Services which you have received and used. The fees will be displayed to you through the Website prior to you receiving our Services. Should you choose to accept the fees and receive our Services, such fees will be due and payable by you immediately. Gname may suspend or terminate your further use of the Website and/or Services if you do not make full payment of the fees. 

6.2 Refund Policy. For detailed refund policy and refund process, please consult online customer service.

6.3 Price Changes. Gname reserves the right to change its prices and fees at any time, and such changes shall either be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal.

6.4 You must pay the fees in accordance with the payment methods available on the Website and all payments shall be made in the currency as indicated within the Website for the relevant Services. You shall be responsible for all taxes and transaction charges associated with your payments.

6.5 We may reject a payment if we suspect that the payment is fraudulent, illegal, questionable, suspicious, in violation of the terms of this Agreement, or for any other reason. If the payments involved in any illegal conduct, we may reasonably dispose of the payment in accordance with the requirements in any jurisdiction to the relevant enforcement agencies, regulators, government bodies, and any other appropriate third parties, whether in Singapore or other jurisdictions. 

7.Term & Termination

7.1 This Agreement shall become effective immediately upon your acceptance of this Agreement. It shall remain in full force and effect while you access or use the Website and/or Services, unless terminated earlier in accordance with the terms of this Agreement.

7.2 Gname reserves the right to terminate or suspend your Account and/or remove or disable your access to and use of the Website and/or Services (or any part thereof) at any time and without prior notice for any reason or no reason, including without limitation to circumstances where Gname, at its sole discretion, considers you to have:

breached the terms of this Agreement;

used the Services in a way that poses a security or system stability risk to Gname or any third party;

used the Services in a way that subjects, or will subject, Gname or its affiliates to liability;

engaged in any fraudulent, deceptive or unlawful act; or

become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceedings.

7.3 If Gname terminates or suspends your Account and/or removes or disables your access to and use of the Website and/or Services, you shall remain responsible for any and all fees and charges for that you have incurred up to the date of suspension and removal. You shall continue to be responsible for the fees and charges for the Services which you can access and/or use.

 

8.MODIFICATIONS OF TERMS

The terms of this Agreement may be revised from time to time by us to accurately reflect our Services and policies. We will use commercially reasonable methods to notify you of such revisions, such as by posting a most recent version of this Agreement on the Website, posting notice on the Gname website or by notifying you of the revision via email if you have provided your email address to us. Notices will be deemed to be effective upon posting and notice by email will be deemed effective by the time the email is sent. Your continued access to and/or use of the Website and/or Services after such notice had been given and such revised Agreement had come into effect shall constitute your acceptance of the revised Agreement.

Without limiting the foregoing, Gname may revise the terms of this Agreement to comply with its agreements with ICANN, a registry or any other entity or individual. Your continued access to and/or use of the Website and/or Services and/or domain name registered to you shall constitute your acceptance of such 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 such revisions to this Agreement.

9.Disclaimer of Warranties & Limitation of liability

9.1 You acknowledge and agree that to the fullest extent permitted by applicable laws, rules and regulations, the Website and Services are provided on an “as is,” and “as available” basis with all faults. Gname expressly disclaims all warranties, representations, and conditions of any kind, whether express, implied, statutory or otherwise with respect to the Website and Services, including but not limited to all warranties of merchantability, third-party rights, satisfactory quality, fitness for a particular purpose, title, non-infringement, accuracy, timeliness or effectiveness, compliance with applicable laws, rules and regulations, and any warranties arising from a course of dealing or usage or trade.

9.2 Without prejudice to the generality of Clause 9.1, Gname does not warrant:

that the Website or the Services will meet your requirements;

the access and/or use of the Website or Services will be or will remain to be permitted by applicable laws, rules and regulations;

the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Website and/or Services; and

that the Website and/or Services, or any material or information obtained through the Website and/or Services, will be provided uninterrupted, secure, or free from errors, Harmful Codes, or omissions.

You acknowledge and agree that Gname have no control over the availability of this Website and/or Service on a continuous or uninterrupted basis, and that Gname undertakes no duty to you or any other party with regard thereto

9.3 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. 

In no event shall Gname be liable to you for:

any loss of earnings, revenue, profits, sales, contracts, business opportunity, business or anticipated savings;

any loss of goodwill or loss of reputation;

any loss of or corruption of data, including costs to recover any data; or

any incidental, consequential, exemplary, special, punitive, multiple, pure economic loss or other indirect losses;

whether based upon warranty, contract, tort, statute, strict liability or otherwise, even if Gname has been advised of the possibility of such damages or losses, arising out of, resulting from or relating in any way to:

your use or inability to use the Website and/or Services for any reasons;

your reliance on any material or information made available through the Website and/or Services;

any unauthorized access to or alteration of your data or information; or

any other matter relating to the Website and/or Services.

9.5 The Website and Services may contain links to websites ("Third Party Websites”) operated by third parties (“Third Party Operators”). You acknowledge and agree that:

such Third Party Websites are provided by the relevant Third Party Operators and not Gname.

your access to and use of such Third Party Websites may be subject to additional terms of use (“Third Party Terms”). You are advised to read and understand such Third Party Terms before you access and use such Third Party Websites. We shall under no circumstances be a party to any agreement or arrangement between you and any Third Party Operators, shall not be responsible for ensuring that any Third Party Operators will comply with or comply with its obligations under any Third Party Terms, and shall not be liable to you whatsoever and howsoever under such Third Party Terms;

each Third Party Operator is an independent natural person or organisation separate and distinct from Gname. Unless otherwise stated by Gname in writing, there is no agency, partnership, joint venture, employee-employer, contractor, principal-agent, or franchisor-franchisee relationship between such Third Party Operators and Gname. Third Party Operators are not authorized to make any representation, warranties, contract, commitment, or any action on behalf of Gname; and

Gname makes no representation or warranties of any kind with respect to any Third Party Operators or Third Party Websites (including the completeness, correctness, accuracy, currency or reliability of any services provided by any Third Party Operators), nor shall Gname be deemed to endorse any Third Party Operators or Third Party Websites, notwithstanding that access by you to any Third Party Operators or Third Party Websites is made through the Website and the Services. Your access to and use of the Third Party Websites shall be at your own risks.

10.Indemnity

You shall 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, actions, suit proceedings, costs, penalties, expenses, losses, liabilities and damages of every kind and nature (including, but not limited to, legal fees incurred by us on a full indemnity basis) which may be imposed upon, suffered or incurred by Gname as a result of or in connection with: 

your access to and/or use of the Website or Services;

any breach of this Agreement by you;

any damage or injury caused by you to any person and/or their property; and

your infringement of any third-party right, including without limitation any intellectual property or other proprietary right

You acknowledge and agree that your indemnification obligations under this section shall survive any termination or expiration of this Agreement.

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 dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.

12.EMAIL NOTIFICATIONS

Any notice, direction or other communication given under this Agreement shall be in writing and posted on the Website, and/or sent via email address provided by you to us.

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.

13.4 This Agreement, together with all policies and the applicable product agreements on Gname's websites (collectively, the “Agreement”), is executed in the English language.  Please note that any translation provided  is purely for your convenience and and in the event of any conflict between the English and translated version, to the degree allowed by law, the English version will control and prevail.  

14.CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email at [email protected] or submit a ticket via your Account.