I hereby acknowledge that I have read and agree to the NameJet Terms of Use (including the Partner Services Agreements for the affiliated registrars) and NameJet Privacy Policy. I consent to receive news, updates and offers (including the weekly NameJet newsletters) from NameJet by email sent via a third-party email marketing platform, such as MailChimp.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH NAMEJET OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to NameJet's Terms of Use (the "Terms of Use" or "Agreement") for auctions or other purchases in the NameJet marketplace. These Terms of Use describe the terms and conditions applicable to a user's ("you" or "your") use of our services available under the domain namejet.com and sub-domains of NameJet's website (the "Site") and the general principles for the websites of our subsidiaries. Use of NameJet's services will constitute acceptance of these Terms of Use. If you do not agree to be bound by these Terms of Use and other applicable partner services terms and conditions, do not use or access the services on our Site.
Before you may become a user of any NameJet service, you must read, agree with, and accept all of the terms and conditions contained in these Terms of Use, the NameJet Privacy Policy [located at https://assets.web.com/legal/English/PrivacyPolicy.pdf], and any and all applicable registration agreements or terms of use mandated by our partners that offer domain names on our platform ("Partner Services Agreements"). Links to our Partner Services Agreements are located at the bottom of these Terms of Use. We strongly recommend that, as you read these Terms of Use and the Partner Services Agreements, you also access and read the information contained in the other pages and Web sites referred to in this document and the links to the Partner Services Agreements that follow it, as they contain further terms and conditions that apply to you as a NameJet user. Please note: underlined words and phrases are links to these pages and Web sites. By accepting these Terms of Use, you also agree that your use of other NameJet Web sites will be governed by the NameJet Privacy Policy and any and all Partner Services Agreements posted on those Web sites.
We may amend these Terms of Use at any time by posting the amended terms on our Site. All amended terms shall automatically be effective immediately after they are posted on the Site and you agree to be bound by these amended terms if you continue to use our auction services. These Terms of Use may not be otherwise amended by you except in a writing signed by you and NameJet. These Terms of Use are effective upon your participation in any auction.
1.1 Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minor children (persons under the age of 18) or to individuals whose use of the NameJet auction services has been temporarily or indefinitely suspended. If you are age 13 or younger, you may not use our services. If you are at least 14 years old but under the age of 18, you may use our services only with, and under, the supervision of your parents or guardians. If you do not meet our qualifications, please do not use our Site. By using our services you warrant and represent that you are of legal age to agree to these Terms of Use (or you are at least 13 years of age and have your parents' permission to apply for services hereunder); and you agree to comply with all applicable laws and regulations governing the use of our services.
1.2 The Site and services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury's Office of Foreign Assets Control ("OFAC"), Department of State, and other United States authorities (collectively, "U.S. Trade Laws"). You may not use the services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, NameJet also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name ("ccTLD") for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the services
1.3 By entering into this Agreement, you acknowledge that we may contact you by telephone and email to discuss the services and you consent to such contact. Upon request, we may also contact you via text message in order to provide you with auction alerts or other information you request. You do not need to agree to this provision 1.3 in order to use the Site or the services
2.1 Creating an account with us and bidding on domain names at NameJet is free. If you are the winning bidder, NameJet may, at its sole discretion, require you to tender payment for the domain name in the manner of its choosing, including but not limited to credit card, debit account, or wire transfer. NameJet may also charge an additional administrative fee to allow for payment via various methods, online or otherwise. All payments charged and collected by NameJet are non-refundable. We may choose to change our credits policy and such changes are effective when we post the changes on the Site. We may, in our sole discretion, change some or all of our services at any time. In the event we introduce a new service, any fees for that service are effective at the launch of the service. Unless otherwise stated, all payment must be made in U.S. Dollars. By using our services, you agree that you are responsible for making all payment associated with using our service and the Site and all applicable taxes and those payments are due immediately upon demand or may be charged to your credit card number or debited to your account which you have provided to us and are non-refundable. In the event of a charge reversal or chargeback by a credit card company or other payment provider, or if we determine in our sole discretion that we are unable or unlikely to collect payment, any associated domain registration will immediately terminate and/or the domain name will be transferred to NameJet as the paying entity for the registration.
2.2 NameJet currently charges a 2.5% Online Administration Fee for all payments made to NameJet via any online method, such as credit card (regardless of what credit card is used), PayPal or Alipay. This fee will be applied to any payments billed for auction wins when utilizing an online method (including the credit card on file) and for adding funds to a NameJet account via an online method. By participating in or winning any auctions or otherwise purchasing any domains via NameJet following this date you agree to this fee and the payment thereof.
2.3 In the event that you default on making payment to NameJet after being named the winning bidder, NameJet reserves the right to charge, and you agree to pay, a fee for defaulting on payment, the amount of which shall be determined by NameJet.
For non-Verified Bidders, if a domain is not paid for within seven (7) days from the date a domain is won on the Site, your account will enter Past Due status, and if payment is not remitted within seven (7) days from the time an account is placed in Past Due status (14 days total from the date an auction closes), the account then enters Default status, whereby the account is closed and all rights to the use the Site and account are terminated.
For Verified Bidders, if a domain is not paid for within fourteen (14) days from the date a domain is won on the Site, your account will enter Past Due status, and if payment is not remitted within fourteen (14) days from the time an account is placed in Past Due status (28 days total from the date an auction closes), the account then enters Default status, whereby the account is closed and all rights to the use the Site and account are terminated.
3.1 NameJet is not an Auctioneer. Although we state that the Site includes online auctions, it is important to realize that we are not a traditional "auctioneer." Instead, the Site acts as a venue to allow parties to offer, sell, buy and register domain names, at any time, from anywhere, in a variety of pricing formats, including a fixed price format and an auction-style format commonly referred to as "online auctions" or "auctions." We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of domain names from the seller to the buyer. Also we do not and cannot guarantee the acquisition of any domain name through our auction process. There is also no guarantee that one of our registrar partners, on its fully-automated Web site, will not facilitate the registration of the name you want by someone else who applies through the registrar's own Web site interface.
3.2 Fixed Price Marketplace. We may also offer you the availability to register domain names at a fixed price from the Site.
3.3 Identity Verification. We attempt to verify the accuracy of the information our users provide us when they register on our Site. Some bids may require you to enter our Verified Bidder Program [please see http://www.namejet.com/Pages/VerifiedBidding.aspx] and complete our Verified Bidder Request Form [located at http://www.namejet.com/Pages/VerifiedBidding.aspx]. However, NameJet does not confirm or guarantee any users purported identity. You agree that you assume all risk when transacting business with other users using our system. When asked for information about you, agree to: (1) provide certain true, current, complete and accurate information about you as required by the online registration process; and (2) maintain and update according to our modification procedures the information you provided to us when purchasing our services as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services.
3.4 Waiver in the Event of Dispute. Because we are only a venue for auctions to occur, we do not check to see whether the domain name you bid on to register infringes the legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others. We will not investigate any trademark claim nor provide you with any notice that we have received such a claim from any third party. You should seek one or more opinions from competent trademark practitioners in connection with any domain name on which you bid. You agree to assume all responsibility in selecting a domain name to register and/or monitor. Should we be sued or threatened with a lawsuit in connection with any domain name and/or subscription to any other of our services, we will turn to you to hold us harmless and indemnify us pursuant to the Indemnification provision of this Agreement. Similarly, you recognize that we have no responsibility to determine whether domain names monitored or acquired by others through our site infringe your own rights in trademarks or domain names, and you agree to release NameJet from any legal claims asserting such a responsibility.
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name, and/or NameJet's services. You will not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves. NameJet will not honor registrations that NameJet reasonably believes infringe on its own trademarks or the trademarks of Network Solutions or the trademarks of eNom. Should you fail to substantially prevail in any lawsuit brought against NameJet, NameJet will be entitled to recover its reasonable attorneys' fees and costs from you. If you are a California resident, you hereby waive your rights under California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
As a buyer, you are obligated to complete the transaction with the seller:
Buy It Now: When a domain name is listed with an indicator to "Buy It Now", NameJet will begin the process to fulfill the domain purchase through the corresponding Buy It Now provider after receipt of payment from the buyer. Upon successfully provisioning the domain name, NameJet will send an email to the buyer with the corresponding provider information to manage the newly purchased domain. History of purchases can be found in NameJet under "My Domains". A "Buy It Now" transaction may be cancelled or suspended by NameJet at any time prior to the transfer of the domain name into the buyer's account. If the transaction is cancelled, the buyer will be refunded the amount the buyer paid to Namejet for the domain name.
Bidding rules: Bidding rules vary by auction and type of auction. You must read the rules for each particular type of auction prior to bidding. The rules for each auction type are written below. Please see Section 5 below for NameJet’s Shill Bidding Policy.
Jet Packs: Domain names offered as a "JetPack™" are bundled and cannot be registered or paid for separately. Buyers of JetPacks pay one price for all of the domain names in the bundle.
Reserve: When a domain name is listed for a private or public auction, NameJet may set a reserve price (the "Reserve Price"). If the highest bid does not meet that Reserve Price, then the seller is under no obligation to sell the domain name to the then highest bidder.
Except for special rules that may apply to certain domain names, in which case, those special rules may be posted next to the domain name(s) and will be the controlling auction rules, the following additional rules apply to each of the below types of auctions:
Public Auction: Participation is open to all NameJet users that have agreed to these Terms of Use. If no one else places a bid that is more than your bid at the expiration of the auction time, you will be awarded the auctioned domain name and charged the winning bid amount.
If you are not the winning bidder after completion of a Public Auction but the winning bidder is later disqualified by NameJet because of fraud or bidder's breach of these Terms of Use, Seller may, at its sole discretion, conduct a second auction of the domain name. If such an auction is conducted you will automatically be entered into this second auction and notified by e-mail that a second auction has occurred.
Private Auction: Participation is limited to certain NameJet users that have placed a backorder on the domain name slated for auction and have agreed to these Terms of Use. If no one else places a bid that is more than your bid at the expiration of the auction time, you will be awarded the auctioned domain name and charged the bid amount.
In the case of identical high bids (in either a Public or Private auction), the winner is the bidder who entered their bid first.
By bidding on a domain name, you agree to be bound by any conditions of sale that may be included in the item's description so long as those conditions of sale are not in violation of these Terms of Use or unlawful. Bids are not retractable. You also agree that NameJet shall have the right in its sole discretion to suspend, cancel, or restart any auction (Public, Private or Advance) prior to commencement of, during, or after completion of, the auction.
If you are registering a domain name purchased through the NameJet auction service, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name, as your registration is the result of a transfer from a previous registrant. If the domain name is provided to us through one of our registrar partners, such as Network Solutions and eNom, you agree to be bound by the applicable terms and conditions related to domain name registrations found in their respective service agreements.
Live Auction: NameJet may as a service provider support online participation in live auctions that utilize a traditional auctioneer. In such cases, the auctioneer’s rules and decisions in conjunction with the live auction shall be binding on all participants. Please note that in supporting such events, NameJet itself shall not be considered an auctioneer as NameJet and shall only be acting as a venue to allow parties to offer, sell, and buy domain names in that live auction-style format.
5.1 Listing Description. To list a domain name for auction, you must be legally able to transfer the domain name(s) you list for auction on the Site. You must list your domain name(s) and all terms of auction on the listing page of the Site.
5.2 Binding Bids. If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated as the seller to complete the transaction with the highest bidder upon completion of the auction, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
5.3 Backorder Cancellation. A backorder can be cancelled at any time before the posted backorder deadline, so long as the backorder is at the minimum bid.
5.4 Shill Bidding Policy. Shill bidding is strictly prohibited on NameJet. Shill bidding is the placing of a bid to artificially drive up the price or apparent value of a domain name. Shill bidding may also include placing a bid with no legitimate intention of winning an auction.
Shill bidding by anyone, including a seller, his or her friends, family, roommates, employees, acquaintances or online connections, will not be tolerated on NameJet. You may bid on a domain name belonging to someone that you know, provided that your bid is legitimate and that you do not intend to artificially increase the price or apparent value of the domain name. If you are found to violate this policy it may result in account closure, suspension, cancellation of listings, referral to law enforcement, legal action, and/or forfeiture of fees or other funds collected.
NameJet is committed to providing the best experience for its buyers and sellers and takes possible violations of this shill bidding policy seriously. If you think you see shill bidding taking place on NameJet, please report it to us immediately at report_abuse[at]namejet.com. NameJet will investigate every report received and will take the actions it deems appropriate in its sole and absolute discretion.
5.5 Fraud. Without limiting any other remedies, NameJet may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our Site.
6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for the online distribution and publication of Your Information.
6.2 Restricted Activities. Your Information (or any domain names that you list for auction on our Site) and all of your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the transfer of hijacked or stolen domain names; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any section of these Terms of Use, law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or; (g) create any liability for NameJet, LLC or its members, officers, directors, employees or agents, or cause us to lose (in whole or in part) services provided to us from our third party suppliers.
6.3 License. Solely to enable NameJet to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.
6.4 Account Access. To access or use the NameJet services or to modify your account, you may be required to establish an account and obtain a login name, account number, password. You authorize us to process any and all account transactions initiated through the use of your password. You are solely responsible for maintaining the confidentiality of your password. NameJet does not guarantee the security of your account information and you assume all risks that the password you select may be compromised as a result of fraudulent, unauthorized or illegal activity. You must immediately notify us of any unauthorized use of your password, and you are responsible for any unauthorized activities, charges and/or liabilities made through your password. In no event will we be liable for the unauthorized use or misuse of your login name, account number, password. You agree that we may log off any account that is inactive for an extended period of time.
We will only use Your Information as described in the NameJet Privacy Policy [located at https://assets.web.com/legal/English/PrivacyPolicy.pdf]. We understand clearly that you and Your Information is one of our most important assets. If you object to Your Information being transferred or used in this way you may opt-out of receiving some third party advertising or refrain from using our services. You agree that we, in our sole discretion, may modify our Privacy Policy at any time. We will post such revised statement on our Site before and/or as it becomes effective. You agree that, by using our Site and/or services after modifications to the Privacy Policy become effective, you have agreed to these modifications. If you do not agree to any such modification, your only remedy is to terminate your account with us.
YOU AGREE THAT YOUR USE OF AND PARTICIPATION IN OUR SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER NAMEJET, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AGENTS, MAKE ANY WARRANTY THAT SERVICE(S) LICENSED HEREUNDER WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY DOMAIN NAMES OR OTHER SERVICES PURCHASED OR OBTAINED THROUGH OUR SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DOMAIN NAMES OR OTHER SERVICES PURCHASED BY YOU FROM A THIRD PARTY THROUGH OUR SITE.
9.1 IN NO EVENT SHALL WE, OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THESE TERMS OF USE (HOWEVER ARISING, INCLUDING NEGLIGENCE).
9.2 OUR LIABILITY, AND THE LIABILITY OF OUR MEMBERS, , OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $1,000. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9.3 YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY OF OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.
You agree to release, indemnify, defend and hold harmless NameJet, LLC, Network Solutions, eNom, Inc. and any of its members, employees, officers, directors, agents, parent companies, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising out of (a) these Terms of Use or the breach of your warranties, representations and obligations under these Terms of Use, (b) the NameJet domain name auction or listing services or your use of such services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, (c) any intellectual property or other proprietary right of any person or entity, (d) a violation of any of our operating rules or policies relating to the service(s) provided, or (e) any information or data you supplied to NameJet, including, without limitation, any misrepresentation in your registration application, if applicable. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of these Terms of Use. We shall have the right to participate in any defense by you of a third-party claim related to your use of any of the NameJet services, with counsel of our choice at our own expense. We shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of these Terms of Use.
11.1 You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of domain names.
11.2 You agree to use our services only for lawful purposes. Any misuse of NameJet resources that disrupts the normal use of the auction or domain name registration system is strictly prohibited. Such system abuse may lead to immediate suspension and/or termination of your account.
Examples of system abuse include, but are not limited to, spawning many processes that consume resources, consuming excessive amounts of disk storage or main memory or CPU for long periods of time, etc. Any attempts to penetrate NameJet's security will result in the termination of your account without notice, as well as notification of appropriate law-enforcement agencies.
12.1 You and NameJet are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.
12.2 If you are acting as an agent of another when using our services, you represent that you have the authority to bind your principal to all terms and conditions contained in these Terms of Use. A breach of these Terms of Use by your principal or licensee will be considered a breach by you.
You agree and warrant that: (i) the information that you or your agent provide to us is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time, (ii) to the best of your knowledge and belief neither the registration of any domain name nor the manner in which you intend to use such domain name or any other NameJet service will directly or indirectly infringe the legal rights of a third party, including trademark rights, (iii) you are not registering a domain name for an unlawful purpose; (iv) you will not knowingly use the domain name in violation of any applicable laws or regulations, (v) you are of legal age and have all requisite power and authority to agree to these Terms of Use and to perform your obligations hereunder.
Except as explicitly stated otherwise, any notices shall be given by postal mail to NameJet, LLC, Attn: General Counsel, 5335 Gate Parkway, Jacksonville, FL 32256. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to NameJet during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
15.1 In the event a dispute arises between you and NameJet, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute as an alternative to litigation. You agree to hereby waive any right to jury trial with respect to any action brought in connection with this Agreement.
15.2 Application of Virginia Law & Jurisdiction. You understand and acknowledge that Network Solutions, LLC, is an organizational member of NameJet, LLC and provides certain services to NameJet from its office located in Herndon, Virginia. As such, you agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflicts of laws rules. You and we each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the United States District Court for the Eastern District of Virginia, Alexandria Division for any disputes between you and NameJet under, arising out of, or related in any way to this Agreement (whether or not such disputes also involve other parties in addition to you and NameJet). If there is no jurisdiction in the United States District Court for the Eastern District of Virginia, Alexandria Division, for any such disputes, you and we agree that exclusive jurisdiction and venue shall be in the courts of Fairfax County, Fairfax, Virginia.
The following policies are incorporated into these Terms of Use by reference and provide additional terms and conditions related to specific services offered on the Site: NameJet Privacy Policy, Network Solutions Service Agreement and eNomCentral Registration Agreement. Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, except for the Privacy Policy for which we will provide you with thirty (30) days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into these Terms of Use.
We may terminate our Agreement with you, suspend your account, and/or otherwise stop providing any part of the NameJet services at any time for any reason, with or without notice. Justification for immediate termination includes, but is in no way limited to, the following: (a) your failure to pay for domains by the established due dates, (b) your breach of these Terms of Use or the documents incorporated herein by reference in any manner, (c) our inability to verify or authenticate the accuracy or completeness of the information you have provided to us; and/or (d) our belief that your continued use of our Site or services may cause risk, financial loss or legal liability for NameJet, our partners and/or our customers.
If termination of the Agreement is due to your default of these Terms of Use, you shall bear all costs of such termination, including any reasonable costs NameJet incurs in closing your account. You agree to pay any and all costs incurred by NameJet in enforcing your compliance with this Section.
You may discontinue using the Site and NameJet services at any time, however you will remain fully responsible for payment for all domains you win or otherwise purchase via the Site and for all domains you win via active bids and backorders placed on the Site prior to this discontinuation. Moreover, unless your NameJet account is closed, all backorders in the account will continue to be placed into auctions, whereby you will be fully responsible for payment for all domains won or otherwise purchased via those backorders.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by NameJet in accordance with Section 16 "Notices", in our sole discretion, however, your rights and obligations under these Terms of Use are not assignable or transferable; Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 1 (Eligibility, Prohibited Persons, and Communication), 2 (Payment for Domains), 3.4 (Waiver in Event of Dispute), 6.3 (License), 8 (No Warranty), 9 (Liability Limit), 10 (Indemnity) and 15.2 (Application of Virginia Law & Jurisdiction) and 18 (General) shall survive any termination or expiration of these Terms of Use.
By registering an account for a NameJet service(s) through our online application process or otherwise, or by using the service(s) provided by NameJet under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and all agreement and policies incorporated herein by reference.
Neither you or NameJet shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over NameJet, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party.
Questions regarding our services may be reported to Customer Support by submitting a ticket via your NameJet account or by otherwise using the contact information found on our Contact Us page [located at http://www.namejet.com/Pages/Contact.aspx].
Last Modified: Feb 24, 2022
NameJet knows that you care about how your personal information is used and shared and we appreciate your trust that we will do so carefully and sensibly. This Privacy Policy describes our policies on the collection, use and disclosure of your personal information in connection with your use of our websites, platform, services and/or mobile applications (collectively and individually referred to herein as our "Services"). By visiting this or another NameJet website displaying this Privacy Policy or a link thereto (the "Website", or collectively the "Websites"), or by creating a NameJet account or otherwise using or accepting our Services, you agree to accept the practices described in this Privacy Policy.
We encourage you to read the entire Privacy Policy, and for any questions regarding this Privacy Policy please contact NameJet using our contact information found here or by submitting a ticket from your NameJet account.
NameJet believes in limiting the use of your personal information and only looks to collect or use it (a) where we have been given permission, (b) as necessary to provide the Services, or (c) as we may be required or permitted for legal compliance or other lawful purposes. These uses include:
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.
These parties have access to user information needed to perform their functions for the benefit of the user. These parties may, or may not, retain, share, store or use personally identifiable information that you provide to NameJet for any secondary purposes.
If you have given your consent to send you email, phone or SMS marketing, or if you have provided us with your postal address, we will use the personal data you give to us to contact you from time to time. If you create a NameJet account, you can select which marketing emails you receive by updating your Email Preferences as follows:
If you do not want to receive electronic communications, you may withdraw your consent at any time, by changing your Email Preferences, clicking the unsubscribe link in an email communication, or emailing us using the address provided below. Note that, generally, you may not opt-out of communications that are transactional and not promotional in nature, or otherwise are for a legitimate business interest. If you do not wish to receive these types of notices, you have the option to not utilize our Website and/or Services.
For services in the United States, by creating an account on NameJet and providing your telephone number, you agree that this action constitutes a purchase, inquiry and/or application for purposes of telemarketing laws. Regardless of the fact that your telephone and/or cell number may be listed with the Federal Do-Not-Call Registry or your local State Do-Not-Call list, you are providing your express written consent to receive future information (including telemarketing) about products and services from us and/or our affiliates, and you hereby agree and consent to our contacting you using the information you have provided and will provide to us. This means we may contact you by e-mail, phone and/or cell number (including use of automated dialing equipment and/or pre-recorded calls), text (SMS) message, social networks or any other means of communication that your wireless or other telecommunications device may be capable of receiving (i.e. video, etc.). We may also send you information or offers from time to time to the postal address or email address we have on file (as further outlined in this Privacy Policy).
We further release account and other personal information when we believe release is required to comply with federal or state law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of NameJet, our users, or others. This includes potentially exchanging information with other companies, organizations and members of law enforcement to protect against fraud or other criminal or improper activity.
The information we receive from or about you is stored on systems designed to prevent the loss, disclosure, or destruction of that information. We follow generally accepted standards to store and protect the personal data we collect, both during transmission and once received and stored, including utilization of encryption where appropriate. Specifically, we often protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input and the information we may send to our agents. NameJet has gone to great lengths to ensure your information is securely obtained. For example, we encrypt your credit card number before it is stored in our database. However, no method of transmission over the Internet or method of electronic storage is completely secure and we cannot guarantee its absolute security. You can further help to ensure your security by taking a few simple precautions. For instance, it is important to protect against unauthorized access to your computer and your NameJet account username and password, and to be sure to sign off when you are finished using a shared computer.
We retain personal information for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods that are (a) mandated by law, contract or similar obligations applicable to our business operations; (b) needed for preserving, resolving, defending or enforcing our legal and/or contractual rights; or (c) necessary to maintain adequate and accurate business and financial records.
You have certain rights to your personal information, including but not limited to the following:
Your rights in relation to your personal information are limited in some situations. For example, if we have a legal requirement or a compelling legitimate ground we may continue to process your information. We will provide you with clarification regarding whether there are limits or exemptions that apply to any data request that you make. To access, view, update or delete your available personal information, or to otherwise update your account preferences, please log into your account for such access and/or submit a ticket via the account. Please note, however, that no information will be provided without verification. Also, if you make a request to delete or change your personal information and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual record-keeping obligations.
You have the right to make a complaint if you feel your personal information has been mishandled. We encourage you to come to us in the first instance but, to the extent that this right applies to you, you are entitled to complain directly to the relevant supervisory authority. This can be the supervisory authority where you reside or work, or where you believe a breach has taken place.
If you are unable for any reason to access your NameJet account please contact us via our contact information found here.
The Websites provided by NameJet contain links to other websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware when they leave our Website and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by this Website.
You must be at least eighteen years old to register online or purchase or otherwise use our Services. If you are under 18, you may use our Services only with involvement of a parent or guardian. NameJet does not knowingly collect information from children under the age of eighteen. If you know of or have reason to believe anyone under the age of 18 has provided us with any personal data, please contact us.
If you choose to visit our Website, create a NameJet account, and/or utilize our Services, any dispute over privacy related to the same is subject to this Privacy Policy and our Terms of Use, including limitations on damages, arbitration of disputes, and application of the law of the Commonwealth of Virginia. If you have any concern about privacy at NameJet, please send us your concern using our contact information found here or submit a ticket via your NameJet account, and we will investigate and address it as necessary. Our business changes constantly – so we reserve the right to modify this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy, by email, and/or by means of a notice on our home page of our Website prior to the implementation of the changes.
Also, as we continue to develop our business, we might sell or buy businesses or their assets. In such transactions, customer information generally is one of the transferred business assets. Also, if NameJet, or substantially all of its assets, were ever to be acquired, customer information would most likely be one of the transferred assets.
If you have questions or concerns regarding this Privacy Policy, please contact us via the contact information found here, or submit a ticket via your NameJet account.