Universal Terms of Service for GoName.com, Inc.
Software Licenses and / or Services
Please read this document carefully. It contains important information about your
relationship to GoName.com, Inc., including your legal rights and remedies.
This Agreement ("Agreement") is by and between GoName.com, Inc. and / or any
Licensor or successor of GoName.com, Inc. that may at a future date enter into a business relationship with GoName.com. Inc. ("Licensor"), who are known collectively as "GoName in this document, and you, your heirs, agents, successors, and assigns, or anyone
or any entity who accepts this Agreement in your behalf, who are referred to in this document collectively as "You" or "Your". This Agreement is
made effective as of the date of electronic execution. This Agreement shall both bind and also benefit the Parties and the respective heirs,
successors, and assigns.
In addition to the above constructions, within this Agreement, the terms "We", "Us", and "Our" refer to GONAME.COM, INC..
This Agreement sets forth the general terms and conditions of Your use of GONAME.COM, INC. software licenses ("Software Licenses") and / or services ("Services") and
explains GONAME.COM, INC.'s obligations to You and Your obligations to GONAME.COM, INC. in relation to the Software Licenses and / or Services You purchase. In the remainder of this
Agreement, such Software Licenses and / or Services are known collectively as “Offerings”. This Agreement is in addition to, and not in lieu of, any other
Agreements that may apply to particular Offerings.
Your electronic acceptance of this Agreement, by any sequence of actions by you, including, but not limited to, any form of electronic acceptance, signifies
that you have read it, understand it, acknowledge it, and agree to be bound by it.
This Agreement, as well as any additional GONAME.COM, INC. policies and Agreements, including but not limited to those shown below this paragraph, together with all
modifications to them, constitute the complete and exclusive agreement between You and GONAME.COM, INC. concerning Your use of GONAME.COM, INC.'s Offerings, and supersede and
govern all prior proposals, agreements, or other communications. All GONAME.COM, INC. policies and agreements specific to particular Offerings are incorporated into this
Agreement and are made part of this Agreement by reference. By purchasing GONAME.COM, INC.'s Offerings, You acknowledge that You have read, understood, and agree to
be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new,
different or additional terms, conditions or policies which GONAME.COM, INC. may establish from time to time, and any agreements that GONAME.COM, INC. is currently bound by or will be
bound by in the future. You may view the latest versions of these Agreements on the GONAME.COM, INC. website. If you do not agree to be bound by these Agreements in
their most recent revised form, do not use, or continue to use, either the GONAME.COM, INC. website or GONAME.COM, INC.’s Offerings.
As discussed above, you also agree to abide by the following policies and Agreements, which are incorporated by reference into this Agreement, and which
are subject to revision, as well:
· GONAME.COM, INC.’s Anti-Spam Policy
· GONAME.COM, INC.’s Refund Policy
· GONAME.COM, INC.’s Trademark and Service Mark Policy
· ICANN’s Registrar Transfer Dispute Resolution Policy
GONAME.COM, INC. may communicate some important changes via email. You agree that it is your responsibility to maintain an email address accessible by GONAME.COM, INC., and to
monitor it regularly for changes to this or related GONAME.COM, INC. policies and / or Agreements. You further agree that GONAME.COM, INC. has no liability or responsibility for your failure
to receive an email notification for any reason.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on
Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with GONAME.COM, INC., whether or not the
transactions were made in Your behalf. You acknowledge that GONAME.COM, INC.'s acceptance of any application made by You for Offerings provided by GONAME.COM, INC. will take place
at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Falcon, Colorado, USA.
The General Terms in Section A apply to all customers of GONAME.COM, INC.. The Offerings Specific Agreements incorporated in Section B apply only to customers who have
purchased those referenced Offerings.
A. GENERAL TERMS APPLICABLE TO ALL OFFERINGS
1. TERM OF AGREEMENT; MODIFICATIONS
You agree that GONAME.COM, INC. may modify this Agreement and the Offerings from time to time. You agree to be bound by any changes GONAME.COM, INC. may reasonably make to this
Agreement whenever such changes are made. You agree to review the current state of this Agreement, as posted on the GONAME.COM, INC. website, from time to time, not
to exceed 30 day intervals, to determine if such changes have been made and, if so, how they affect You. If You have purchased Offerings from GONAME.COM, INC., the term
of this Agreement shall continue in full force and effect as long as You take advantage of and use the Offerings. You agree that GONAME.COM, INC. shall not be bound by any
representations made by third parties whom You may use to purchase Offerings from GONAME.COM, INC.. You agree that any statement of a general nature, which may be
posted on GONAME.COM, INC.'s Web site or contained in GONAME.COM, INC.'s promotional materials, which may be found to conflict with terms or provisions of this Agreement, in whatever
form it exists at the time, will be superseded by the terms of such agreement, and in such cases, will not bind GONAME.COM, INC.. GONAME.COM, INC. may, at times, offer certain
promotions with different charges and features; however, none of such promotions shall modify this Agreement.
You agree that You will be responsible for notifying GONAME.COM, INC. should You desire to terminate Your use of GONAME.COM, INC.'s Offerings. Notification of Your intent to terminate
must be provided to GONAME.COM, INC. no earlier than 10 days prior to Your billing date, but no later than three days prior to Your billing date.
You agree not to rely on any assumptions of any future availability of any Offering You have not yet actually purchased from GONAME.COM, INC. for any purpose whatsoever,
including business or personal.
1. ACCURATE INFORMATION
You agree to maintain accurate information by providing updates to GONAME.COM, INC., as needed, while You are using GONAME.COM, INC.'s Offerings. You agree You will notify GONAME.COM, INC. within
five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for
whatever reason, to respond within five (5) business days to any inquiries made by GONAME.COM, INC. to determine the validity of information provided by You will constitute
a material breach of this Agreement.
You agree that GONAME.COM, INC. may use and rely on any such information provided by You for all purposes in connection with Your Offerings, subject to GONAME.COM, INC.'s Privacy
Policy , which is published on the GONAME.COM, INC. website. If You provide any information that is inaccurate, not current, false, misleading, or incomplete, or if GONAME.COM, INC. has
reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading, or incomplete, GONAME.COM, INC. has the absolute right, at its sole
discretion, to terminate, suspend, or lock its Offerings and close Your account.
You further agree to notify GONAME.COM, INC. immediately of any breach of security or unauthorized use of your GONAME.COM, INC. Offerings or of any information supporting such use.
GONAME.COM, INC. will not be responsible for any losses You may incur, for whatever reason, as a result of any such breach, unauthorized use, or information. You may be
liable for any loss GONAME.COM, INC. or others incur caused by Your Offerings, whether such loss be caused by You, someone acting with Your permission, or by an
unauthorized person or persons.
For some GONAME.COM, INC. operations, including, but not limited to, accessing the GONAME.COM, INC. websites and Offerings, Your communications may result in the transfer of
information, including Your account information, across international borders. You agree to such transfers.
3. ACCOUNT SECURITY
You agree that You are entirely responsible for maintaining the confidentiality of Your customer number/login, password, credit card number, and shopper PIN
(collectively, the "Account Access Information"). You agree to check Your account or accounts with GONAME.COM, INC. from time to time, to insure that no unauthorized
usage is occurring or has occurred, and if You determine that it has, to notify GONAME.COM, INC. as soon as possible. You agree that You are entirely responsible for any and
all activities that occur under Your account. You agree to notify GONAME.COM, INC. immediately of any unauthorized use of Your account or any other breach of security. You
agree that GONAME.COM, INC. will not be liable for any loss that You may incur as a result of someone else’s use of Your Account Access Information, either with or without
Your knowledge. You further agree that You could be held liable for losses incurred by GONAME.COM, INC. or another party due to someone else’s use of Your Account Access
For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your
Account Access Information. You agree that GONAME.COM, INC. has no responsibility whatsoever to preserve any data, passwords, account information, or other assets for
you, and that you are solely responsible for providing adequate backup, recovery, and archival activities with regard to any information or data originated by
You or over which You have discretionary oversight. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by
others on Your behalf, or by any other means. GONAME.COM, INC. specifically disclaims liability for any activity in Your account, whether authorized by You or not.
4. NO UNLAWFUL CONDUCT OR IMPROPER USE
As a condition of Your use of GONAME.COM, INC.'s Offerings, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You
agree to comply with any applicable local, state, federal and international laws, government rules, or requirements. You agree that You will not be entitled to
a refund of any fees paid to GONAME.COM, INC. if, for any reason, GONAME.COM, INC. takes corrective action with respect to Your suspected or proven improper or illegal use of its Offerings.
GONAME.COM, INC. reserves the right at all times to disclose any information as GONAME.COM, INC. deems necessary to satisfy any applicable law, regulation, legal process, or
governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, at GONAME.COM, INC.'s sole discretion.
If You have purchased Offerings, GONAME.COM, INC. has no obligation to monitor Your use of the Offerings. GONAME.COM, INC. reserves the right to review Your use of the Offerings and to
cancel the Offerings at its sole discretion. GONAME.COM, INC. reserves the right to terminate, suspend, or lock Your access to the Offerings at any time, without notice, for
any reason whatsoever.
GONAME.COM, INC. reserves the right to terminate, suspend, or lock Offerings if Your usage of the Offerings results in, or is the subject of, legal action or threatened legal
action, against GONAME.COM, INC. or any of its affiliates, partners, customers, or employees, without consideration for whether such legal action or threatened legal action is
eventually determined to be with or without merit. GONAME.COM, INC. may review every account for excessive space and bandwidth utilization and may terminate, suspend,
or lock or apply additional fees to those accounts that exceed allowed levels.
Except as set forth below, GONAME.COM, INC. may also cancel Your use of the Offerings, after thirty (30) days, if You are using the Offerings, as determined by GONAME.COM, INC. at its sole
discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to:
· Activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties;
· Activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, including but not limited to the
o The International Traffic in Arms Regulations (ITARs),
o Laws and Administrative Acts regarding the export or re-export of data or software promulgated by the United States Department
of Commerce, the United States State Department, the United States Department of Commerce, the United States Department of
the Treasury, including the Office of Foreign Assets Control (OFAC);
o Laws prohibiting the download or export of software or data to nationals or residents of any country with which the United States
has trade embargoes or to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United
States Department of Commerce's Denied Persons List, or to any other denied parties lists under U.S. Export Laws, including
anti-Boycott laws; and
o Laws or activities regulating money laundering, drug trafficking, contraband, or trafficking in stolen property;
· Activities designed to encourage unlawful behavior by others, such as hate speech or hate crimes, terrorism, acts of war, rebellion, or
insurrection, violence against people, animals, or property, intolerance against protected classes, or child pornography; activities that are
tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable;
· Activities designed to impersonate the identity of a third party, to illegally access other computers or networks (i.e., cracking or hacking), or
to distribute Internet viruses, bugs, phishing operations, Trojan horses, rootkits, worms, robots, zombies, botnets, screenscrapes, or similar
destructive activities intended to damage, destroy, disrupt, or limit the functionality of any software, hardware, or connected devices;
· Activities which interfere with, alter, or modify in any way the operation of GONAME.COM, INC.’s business, including but not limited to, its Site, computers,
networks, or other business assets, including false, defamatory, or unsubstantiated language, or comparative claims regarding GONAME.COM, INC. or its
· Activities which access GONAME.COM, INC.’s assets by any means other than those provided by GONAME.COM, INC.;
· Activities intended to or having the effect of violating the Ryan Haight Pharmacy Consumer Protection Act of 2008 or other similar laws, or
promotes, encourages, or engages in sales or distribution of medications requiring a prescription, without a valid prescription;
· Activities which infringe or violate intellectual property rights of third parties;
· Activities which infringe or violate the privacy or publicity rights of third parties or violates such prior agreements for non-disclosure as You
may have with third parties;
· Activities intended to or having the effect of collecting or harvesting content on any GONAME.COM, INC. asset posted by any third party or by GONAME.COM, INC. itself, or
any non-public or personally identifiable information about another User or any other person or entity, or other legally protected information
or data, without the express prior written consent of the legal owner; and
· Activities designed to harm or use unethically minors in any way.
GONAME.COM, INC. does not and cannot represent or warrant that the use of its website or its Offerings is or are legal and / or appropriate or advisable for every country,
local jurisdiction, or other area. Access to the GONAME.COM, INC. website and the purchase or use of its Offerings in jurisdictions where prevailing law makes such actions
illegal is expressly prohibited.
Notwithstanding anything to the contrary herein, in the event GONAME.COM, INC. cancels Your Offerings during the first thirty (30) days after You purchase the Offerings, You
will receive a refund of any fees paid to GONAME.COM, INC. in connection with the Offerings being canceled. In the event GONAME.COM, INC. deletes Your Offerings because they are being
used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to
GONAME.COM, INC. if, for any reason, GONAME.COM, INC. takes corrective action with respect to Your improper or illegal use of its Offerings.
5. NO SPAM; LIQUIDATED DAMAGES
You agree that GONAME.COM, INC. may immediately terminate, suspend, or lock any account which it believes, in its sole discretion, is transmitting or is otherwise connected
with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated, then You agree to pay GONAME.COM, INC. liquidated damages
of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account; otherwise, You agree to pay GONAME.COM, INC.'s actual
damages. You acknowledge you have read, understand, and agree to the terms of GONAME.COM, INC.’s Anti-Spam Policy referenced earlier in this Agreement, and
incorporated by reference into this Agreement.
6. INTELLECTUAL PROPERTY
You agree that GONAME.COM, INC. or its Licensor holds all rights, title, and interest in all Software and Offerings and all intellectual property, including other rights related to
intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You, and
You agree to make no claim of interest in any such Offerings or other intellectual property.
You understand and agree that all content and materials contained in this Agreement, other policies, the GONAME.COM, INC. web site, and any affiliated web sites, are
protected by the various copyright, patent, trademark, service mark, and trade secret laws of the United States and other nations as established by treaty, as
well as any other applicable proprietary rights and laws, and that GONAME.COM, INC. or its Licensor expressly reserves its rights in and to all such content and materials. You
further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the
express written permission of GONAME.COM, INC. or its Licensor. No license or right under any copyright, patent, trademark, service mark, trade secret, or other proprietary
right or license is granted to You or conferred upon You by this Agreement or otherwise.
7. LINKS TO THIRD PARTY WEBSITES
GONAME.COM, INC.’s website may, from time to time, contain links to third party websites. GONAME.COM, INC. may or may not have control over any aspect of those websites. You agree
that GONAME.COM, INC. shall not be liable for any harm, loss, or damages incurred by any party as a result of Your visiting such websites, irrespective of the manner by
which You came to do so. You agree that, if You have any reservations about visiting such third party sites, You will not access them. You agree that Your
access of any of GONAME.COM, INC.’s assets constitutes express release of liability by You of GONAME.COM, INC. for any loss you or any third party may incur as a result of your access of
such sites. You are cautioned to carefully review all materials at your disposal prior to accessing such sites, since You do so entirely at Your own risk.
8. USE OF GONAME.COM, INC.'s SOFTWARE
If You have licensed the use of Software from GONAME.COM, INC., GONAME.COM, INC. grants You a limited, non-exclusive, nontransferable and non-assignable license to use the Software for
such purposes as are ordinary and customary. You are free to use the Software on any computer, but not on two or more computers at one time.
You agree to not alter or modify the Software. You agree You are not authorized to combine the Software with any other software, create derivative works
based upon the Software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to
reverse engineer, decompile, or otherwise attempt to uncover the source code, algorithms, processes, data designs, timing, event triggers, or stored
procedures associated with the Software.
GONAME.COM, INC. reserves all rights to the Software. The Software and any copies You are authorized to make are the intellectual property of GONAME.COM, INC.. The source code and its
organization are the exclusive property of GONAME.COM, INC., and the Software is protected by copyright, including United States and applicable International Copyright Law,
as well as trade secret laws. Except as expressly provided for in this section, this Agreement does not grant You any rights in the Software, and all rights are
reserved by GONAME.COM, INC..
GONAME.COM, INC. PROVIDES THIS SOFTWARE "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. FEES AND PAYMENTS
As consideration for the Offerings purchased by You and provided to You by GONAME.COM, INC., You agree to pay GONAME.COM, INC. at the time You order. All fees are due immediately and
are non-refundable unless otherwise expressly noted, even if Your Offerings are suspended, terminated, locked, or transferred prior to the end of the
Offerings term. GONAME.COM, INC. expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by You by
providing either a valid credit or debit card, a PayPal payment, an online check, or a personal check. GONAME.COM, INC. transactions are governed by the GONAME.COM, INC. Refund Policy,
which is published on the GONAME.COM, INC. website.
If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the Offerings, unless
that date falls after the 28th of the month, in which case Your billing date will be the 28th of each month. If You signed up for an annual (or longer) payment
plan, and You elected the automatic renewal option, GONAME.COM, INC. will automatically renew Your Offerings when they come up for renewal and will take payment from
the Payment Method You have on file with GONAME.COM, INC., at GONAME.COM, INC.'s then-current rates.
If for any reason GONAME.COM, INC. is unable to charge Your Payment Method for the full amount owed GONAME.COM, INC. for the Offerings provided, or if GONAME.COM, INC. is charged a penalty for any
fee it previously charged to Your Payment Method, You agree that GONAME.COM, INC. may pursue all available remedies in order to obtain payment. If You pay by credit card
and if for any reason GONAME.COM, INC. is unable to charge Your credit card with the full amount of the Offerings provided, or if GONAME.COM, INC. is charged back for any fee it previously
charged to the credit card You provided, You agree that GONAME.COM, INC. may pursue all available remedies in order to obtain payment. You agree that, among the
remedies GONAME.COM, INC. may pursue in order to effect payment, are included, but will are not limited to, immediate cancellation without notice to You of any domain
names or Offerings registered or renewed on Your behalf. GONAME.COM, INC. reserves the right to charge a reasonable administrative fee for administrative tasks outside the
scope of its regular Offerings, including additional costs that it may incur in providing the Offerings, and pass fees along to You. These fees include, but are
not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties You have elected to use
as payment methods, including PayPal and Certegy, Inc., and disputes that require legal services. These charges will be billed to the Payment Method we
have on file for You. You may change Your Payment Method at any time by logging into Your Account Manager. For GONAME.COM, INC. orders where payment has not been
received or GONAME.COM, INC. has received a chargeback for any portion of the transaction, You agree that in, addition to any administrative fees GONAME.COM, INC. may charge for the
handling of the chargeback, GONAME.COM, INC. may also pursue all available lawful remedies to collect payment plus applicable fees, or obtain property for which it was not
You agree that You are solely liable for arranging that Your Offerings are renewed, and that GONAME.COM, INC. shall not be liable to You or to any third party if it is unable to
charge Your Payment Method in order to renew Your Offerings. Further, GONAME.COM, INC. shall not be responsible for giving notice of the expiration of any Offerings, or for
the expiration of any registrations or for the timing of any important dates, and shall in no way be liable for any such expirations or their consequences.
While all transactions are processed in US dollars, GONAME.COM, INC. may provide an estimated conversion price from currencies other than US dollars. You acknowledge
and agree that the pricing displayed during the checkout process is only an estimate. Due to potential slight time delays between actual purchase and the
payment settlement, the actual price charged may fluctuate. GONAME.COM, INC. makes no representations or warranties that the estimated price will be the same or
substantially similar to the actual price You will pay, and You waive any and all claims based upon any discrepancy between the estimated price, the actual
price paid, and the amount, if any, paid as a result of any subsequent refund. In addition, you may be charged VAT, GST or other localized taxes, based on the
country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.
b. Payment By Check
By using GONAME.COM, INC.'s Pay By Check option ("Pay By Check"), You can purchase GONAME.COM, INC. Offerings using a personal check. In consideration of Your purchase of the
Offerings provided to You by GONAME.COM, INC., You agree to allow Certegy Check Services, Inc. ("Certegy") to debit the full amount of this transaction from Your checking
account, which is non-refundable. Certegy will create an electronic funds transfer (EFT) or bank draft which will be presented to Your bank or financial
institution for payment from Your checking account. The checking account must be at a financial institution in the United States, and the check must be
payable in U.S. dollars.
It is Your responsibility to keep Your checking account current, and to have available funds in it. You agree that Certegy and GONAME.COM, INC. will not be responsible for
payments that fail to go through as a result of Your checking account’s being inaccessible, no longer in existence, or holding insufficient funds. If for any
reason Certegy is unable to withdraw the full amount owed for the Offerings provided, You agree that Certegy and GONAME.COM, INC. may pursue all available remedies in
order to obtain payment. You agree that if the EFT or bank draft is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed
by law, which may be debited from Your account using an EFT or bank draft.
The check may not be for less than the full amount required at the time the check is written. Personal checks under $1,000 are subject to the same
processing fees as wire transfers. Your usage of the Offerings. Will be delayed until Your check clears the bank. In rare cases, this may take up to fourteen
By clicking the box labeled "I agree", referring to the Pay by Check terms, You agree to the terms of this Section of this Agreement, and You further authorize
that the information You provided be used for the creation of an electronic funds transfer (EFT) or bank draft, and You authorize a debit of THE FULL AMOUNT
of Your order from Your checking account.
c. Pay by PayPal
By using GONAME.COM, INC.'s pay by PayPal, Inc. ("PayPal") option ("Pay by PayPal"), You can purchase GONAME.COM, INC. Offerings using PayPal. In consideration of Your purchase of for
the Offerings provided to You by GONAME.COM, INC., You agree to allow PayPal to debit the full amount of this transaction from Your PayPal account balance or the Preferred
Funding Source You established with PayPal, which is non-refundable.
It is Your responsibility to keep Your PayPal Account current and to have available funds in it or to have funding sources with available funds enabled. You
agree that PayPal and GONAME.COM, INC. will not be responsible for payments that fail to go through as a result of Your Funding Source’s being inaccessible, no longer in
existence, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Offerings provided, You agree that PayPal
and GONAME.COM, INC. may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, You will pay a service charge of
$25.00 or the maximum amount allowed by law, which may be debited from Your account by PayPal or charged to Your Preferred Funding Source.
By clicking the box labeled "I agree", referring to the Pay by PayPal terms, You agree to the terms of this Section of this Agreement, and You further authorize
that the information You provided be used for the creation of PayPal funds transfer, and You authorize a debit of THE FULL AMOUNT of Your order from Your
PayPal Account or Preferred Funding Source.
d. Pay by Credit Card
By using GONAME.COM, INC.'s pay by Credit Card ("Credit Card") option ("Pay by Credit Card"), You can purchase GONAME.COM, INC. Offerings using a credit card. In consideration of Your
purchase of for the Offerings provided to You by GONAME.COM, INC., You agree to allow the financial institution issuing your credit card to debit the full amount of this
transaction to Your credit card account balance, which is non-refundable.
It is Your responsibility to keep Your credit card Account current and to have available credit in it. You agree that your financial institution and GONAME.COM, INC. will not be
responsible for payments that fail to go through as a result of credit card account’s being inaccessible, no longer in existence, or having insufficient credit
reserves. If for any reason your financial institution is unable to debit the full amount owed for the Offerings provided, You agree that your financial institution
and GONAME.COM, INC. may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, You will pay a service charge of
$25.00 or the maximum amount allowed by law, which may be debited to Your account by your financial institution.
By clicking the box labeled "I agree", referring to the Pay by Credit Card terms, You agree to the terms of this Section of this Agreement, and You further
authorize that the information You provided be used for the creation of the credit card funds transfer, and You authorize a debit of THE FULL AMOUNT of Your
order to Your credit card account.
10. DATA ACCESS AGREEMENT
All registrar data, including registrant WHOIS data, is provided for public, non-commercial use only. Any information made available by GONAME.COM, INC. and its affiliate
registrars shall not be collected, distributed or used for any commercial activity. Third parties to agree not to use the data to allow, enable, or otherwise
support any marketing activities, regardless of the medium used. Such media include, but are not limited to, e-mail, telephone, facsimile, postal mail, SMS,
and wireless alerts.
11. REPRESENTATIONS AND WARRANTIES
You, or the individuals who electronically execute this Agreement on behalf of You, represent and warrant that they have the right, power, legal capacity, and
appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or
interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law
to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done in
good faith and that You have no knowledge of such action’s infringing upon or conflicting with the legal rights of any third party or any third party's trademark,
service mark, or trade name.
You represent and warrant that You are not a national or resident of, located in, or under the control of, any restricted country; that You are not on any denied
parties list; and that You agree to comply with all United States Export Laws, including but not limited to “anti-boycott”, “deemed export” and “deemed
re-export” regulations. If You access this Site or the Services found at this Site from countries or jurisdictions outside the United States, You are responsible
for compliance with local laws of that jurisdiction, to the extent those local laws do not conflict with United States Export Laws. If such laws do conflict with
United States Export Laws, then You agree not to access GONAME.COM, INC.’s website or purchase any of its Offerings. The obligations under this section shall survive
expiration or termination of this agreement or cessation of Your use of the GONAME.COM, INC. website or GONAME.COM, INC.’s offerings, and extend into the maximum time limit permitted
under governing law.
GONAME.COM, INC. expressly reserves the right to deny, cancel, or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity
and stability of the registry, to comply with any applicable laws, government rules or requirements, or requests of law enforcement, to comply with any
dispute resolution process, to correct mistakes caused by human or system errors, or to avoid any liability, civil or criminal, on the part of GONAME.COM, INC., as well as its
affiliates, subsidiaries, officers, directors and employees. GONAME.COM, INC. also reserves the right to freeze a domain name during the resolution of a dispute.
On rare occasions, Our system may misidentify domains as being in inventory when they are not. Also, We may offer for sale domains which we are in an
auction to acquire, in the expectation that we will successfully acquire them. In the rare case that You buy a domain that is later determined not to be in Our
inventory, We reserve the right to either refund Your money or to acquire the domain on Your behalf, at Our sole discretion. In cases where we are unable to
supply a domain you have intended to purchase, You agree that Your sole and complete remedy shall be a refund of fees paid. You agree that You shall not
rely on the potential availability of any Offering, including, but not limited to, the purchase of a domain name, for any purpose, unless and until such name is
actually registered to You.
GONAME.COM, INC. makes every attempt to carry out its work flawlessly, including both human and machine processes. Such attempts notwithstanding, it cannot be ruled
out that errors may occur on occasion, despite all efforts to avoid them. In the case of errors by Us, You agree that Your sole remedy shall be a full refund of
fees actually paid by you to GONAME.COM, INC. for the specific, individual transaction during the execution or processing of which such an error occurred. You agree to
forever forebear from any and all attempts to recover any money, property, or intangible rights or value from Us as a result of any errors we may make, other
than the full refund of fees actually paid by you to GONAME.COM, INC. for the specific, individual transaction during the execution or processing of which such an error
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL GONAME.COM, INC. BE LIABLE FOR AN AGGREGATE AMOUNT IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100.00) TO YOU OR TO ANY OTHER PERSON
OR ENTITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR
ANY MATTER, WHETHER SUCH LIABILITY BE ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER
EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE OFFERINGS, YOUR
LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF GONAME.COM, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL GONAME.COM, INC. BE LIABLE FOR COMPENSATORY DAMAGES IN EXCESS OF FUNDS ACTUALLY AND CONSTRUCTIVELY RECEIVED AS A RESULT OF THE
TRANSACTIONS UNDER DISPUTE.
Some states may not allow such a broad exclusion or limitation on liability for damages as stated above. In such states, GONAME.COM, INC.'s liability is limited to the full
extent permitted by law. You agree that in no event shall GONAME.COM, INC.'s maximum aggregate liability exceed the total amount paid by You for the particular Offering in
dispute purchased from GONAME.COM, INC..
13. ATTORNEYS’ FEES
In litigation, arbitration, or litigation to enforce judgment of an arbiter's award, the prevailing party in such proceedings shall be entitled to recover its
reasonable attorney's fees and costs of litigation or arbitration from the non-prevailing party, and in addition, ten percent (10%) simple interest on all sums
due, from the date they become due until the date they are paid.
14. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
GONAME.COM, INC. AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, SUPPLIERS, AGENTS, CALL CENTERS, CUSTOMER SERVICE
REPRESENTATIVES, AND AFFILIATES, ACTING INDIVIDUALY OR COLLECTIVELY, KNOWN IN THIS SECTION AS THE “GONAME.COM, INC. TEAM”, 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, AND NON-INFRINGEMENT. SUCH OFFERINGS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", AND “WITH ALL FAULTS” BASIS.
THE GONAME.COM, INC. TEAM MAKES NO WARRANTY THAT ITS OFFERINGS WILL MEET YOUR EXPECTATIONS, HOPES, DESIRES, ASPIRATIONS, OR REQUIREMENTS, OR THAT
THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE GONAME.COM, INC. TEAM DOES NOT WARRANT,
NOR MAKE ANY REPRESENTATIONS, REGARDING THE USE OR RESULTS OF ANY OF THE OFFERINGS IT PROVIDES, INCLUDING THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHER ATTRIBUTES.
YOU AGREE THAT YOUR USE OF THE GONAME.COM, INC. WEBSITE, INCLUDING ALL OFFERINGS AND ALL EXTERNAL LINKS, IS AT YOUR OWN RISK. YOU AGREE THAT NO ORAL,
WRITTEN, OR ELECTRONIC ADVICE, INFORMATION, OR DATA PROVIDED TO YOU BY THE GONAME.COM, INC. TEAM MODIFIES THIS AGREEMENT IN ANY WAY OR CONSTITUTES
ANY WARRANTY OF ANY KIND. YOU AGREE THAT YOU CANNOT AND WILL NOT RELY ON ANY ORAL, WRITTEN, OR ELECTRONIC ADVICE, INFORMATION, OR
DATA PROVIDED TO YOU BY THE GONAME.COM, INC. TEAM CONSTITUES FOR ANY LEGAL, FINANCIAL, ENGINEERING, STRATEGIC, OR OTHER ACTIONS, FOREBEARANCE,
DECISIONS, OR OTHER PURPOSES.
THIS DISCLAIMER OF WARRANTIES AND REPRESENTATIONS SHALL BE CONSTRUED TO APPLY IN THE WIDEST SENSE PERMITTED UNDER GOVERNING LAW.
THIS DISCLAIMER SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT OR CESSATION OF YOUR USE OF THE GONAME.COM, INC. WEBSITE OR GONAME.COM, INC.’S
OFFERINGS, AND EXTEND INTO THE MAXIMUM TIME LIMIT PERMITTED UNDER GOVERNING LAW. IN THE CASE OF JURISDICTIONS THAT DO NOT ALLOW THE
DISCLAIMER OF EXPRESSED AND IMPLIED WARRANTIES, YOU AGREE THAT SUCH WARRANTIES BE INTERPRETED IN THE MOST EXPANSIVE MANNER
PERMITTED IN THOSE JURISDICTIONS
You agree to defend, indemnify, and hold harmless GONAME.COM, INC. and its officers, directors, shareholders, employees, contractors, consultants, suppliers, agents, call
centers, customer service representatives, and affiliates from any and all claims, demands, losses, liabilities, costs, damages, or expenses, including, without
limitation, reasonable attorneys' fees, resulting from any third party claim, action, proceeding, or demand related to Your use of the Offerings You purchased
from GONAME.COM, INC. or Your breach or violation of any portion of this Agreement or incorporated agreements and policies, including the use of Your account, Offerings
with GONAME.COM, INC. by Your agents or affiliates, whether or not on Your behalf, and whether or not with Your permission.
In addition, You agree to indemnify and hold the GONAME.COM, INC. Team harmless from any loss, liability, damages, or expense, including reasonable attorneys' fees,
arising out of any breach of any representation or warranty provided in this Agreement, any negligence or willful misconduct by You, or any allegation that
Your account infringes a third person's copyright, trademark, service mark, or proprietary or intellectual property right, or misappropriates a third person's
trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should GONAME.COM, INC. be notified of a pending law suit, or receive
notice of the filing of a law suit, GONAME.COM, INC. may seek a written confirmation from You concerning Your obligation to indemnify GONAME.COM, INC.. Your failure to provide such a
confirmation may be considered a breach of this agreement. You agree that GONAME.COM, INC. shall have the right to participate in the defense of any such claim through
counsel of its own choosing. You agree to notify GONAME.COM, INC. of any such claim promptly in writing and to allow GONAME.COM, INC. to control the proceedings. You agree to cooperate
fully with GONAME.COM, INC. during such proceedings. You agree You will not be entitled to a refund of any fees paid to GONAME.COM, INC. if, for any reason, GONAME.COM, INC. takes corrective action
with respect to Your improper or illegal use of its Offerings.
You also agree that if GONAME.COM, INC. is notified that a complaint has been filed with a governmental, administrative, or judicial body, that GONAME.COM, INC., in its sole discretion, may
take whatever action GONAME.COM, INC. deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or
requirements of the governmental, administrative, or judicial body until such time as the dispute is settled.
The indemnifications described above, to which You agree, shall survive expiration or termination of this Agreement or cessation of Your use of the GONAME.COM, INC.
website or GONAME.COM, INC.’s offerings, and shall extend into the maximum time limit permitted under the governing law.
16. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY
This agreement shall be deemed entered into in the State of Tennessee. Except for disputes concerning the user of a domain name registered with GONAME.COM, INC., You agree that the laws and judicial decisions of Williamson County, TN to determine the validity, construction, interpretation and legal effect of
this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Williamson County, TN. For the
adjudication of disputes concerning the use of any domain name registered with GONAME.COM, INC., You agree to submit to jurisdiction and venue in the U.S. District Court, 21st district Tennessee.
You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
You agree that all notices (except for notices concerning breach of this Agreement) from GONAME.COM, INC. to You may be posted on our Web site. Notices concerning
breach will be sent either to the email or postal address You have on file with GONAME.COM, INC.. In either case, delivery shall be deemed to have been made five (5) days
after the date sent.
Notices from You to GONAME.COM, INC. shall be made either by email, sent by first class mail to the physical address provided on the GONAME.COM, INC. Web site, or sent by first class mail
to GONAME.COM, INC.'s address at:
GoName.com, Inc., Inc.
106 Mission Court Suite 702
Franklin, TN 37067
The headings in this Agreement are descriptive only, and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms
of this Agreement shall prevail.
19. ENTIRE AGREEMENT
You agree that this Agreement, including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.), constitute the complete and only
Agreement between You and GONAME.COM, INC. regarding the Offerings contemplated in this Agreement.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the
agreement will be interpreted in accordance with applicable law as closely as possible, in accordance with the original intention of both parties to the
Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
The failure of GONAME.COM, INC. to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be
construed to be a waiver of the right of GONAME.COM, INC. to enforce such provisions at any future time.
22. FORCE MAJEURE
GONAME.COM, INC. will make every effort to keep its Web site and Offerings operational. However, certain technical difficulties and other factors outside of its control may,
from time to time, result in temporary service interruptions. You agree not to hold GONAME.COM, INC. liable for any of the consequences of such interruptions.
23. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express or implied, is intended to, nor shall, confer upon any third party any rights, remedies, obligations, or liabilities under or by
reason of this Agreement, except as expressly provided in this Agreement.
B. OFFERINGS SPECIFIC AGREEMENTS
If You purchase Offerings from GONAME.COM, INC., You may be subject to additional Offering Agreements, specific to Your purchase or use. In such cases, these Agreements
shall be incorporated into this Agreement in addition to the Sections above.
Revised: November 19, 2012
Copyright © 2012 GoName.com, Inc.. All Rights Reserved.