NamusFamus Terms of Service

This Terms of Service Agreement (the “Terms of Service” or “TOS”) governs the use of the NamusFamus.com website and all services offered by NamusFamus (“the Company”) through the NamusFamus.com website (“the Website”). This TOS contains the terms and conditions governing your use of the services (“Service” or “Services”) made available by NamusFamus. IF YOU (“YOU” OR “USER”) DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU DO NOT HAVE PERMISSION TO USE OR ACCESS OUR SITE OR SERVICES, AND ANY ACCESS OR USE BY YOU IS WITHOUT PERMISSION AND AT YOUR OWN RISK.

You must read, agree with and accept all of this Terms of Service document in its entirety, as well as the NamusFamus Privacy Policy, which together incorporate and include those terms and conditions expressly set out below and those incorporated by reference, before you may use the Website or the Services or become a registered user of the Website. This TOS is effective upon the earlier of: (i) your first use of the Site for any reason; (ii) acceptance of this Agreement by new registering users; or (iii) the Effective Date noted on the posted version of the Agreement.

1. Eligible Website Users

Use of the Webite and Services is restricted to persons who: (a) are at least 18 years of age at the time of their use of the Website, and (b) reside, or have a business address within the United States, Canada, Mexico, The United Kingdom, and limited other nations as they are explicitly approved on a case-by-case basis. If you are registering as a business entity, you represent that you have the authority to bind the entity your represent to this TOS. If you are not yet 18, if do not have the legal standing or capacity to enter into contracts, or if you are accessing this Website from any country where content or Services contained on or offered by on this Website is prohibited or illegal, you do not have permission to access the Website or to use the Services.

Those who choose to access the NamusFamus Website from locations where our Services, products and/or content is illegal do so knowingly, on their own initiative and at their own risk. Such users are responsible for compliance with their own local laws and the consequences of violating such laws.

2. Modification of This Agreement

NamusFamus may amend this Terms of Service Agreement at any time by posting the amended TOS on the Website. Except as stated below, all amended terms shall automatically be effective at 12:01 AM on the first day following the date the amended TOS is posted. Except as provided in this Section 2, this Agreement may not be amended or modified except in writing signed by both you and an authorized NamusFamus agent.

3. Acceptable Use

3.1. Restrictions and Prohibitions

If you violate the Acceptable Use terms described herein, NamusFamus may, in its sole discretion, and with or without notice, terminate your access to the Website and our Services.

NamusFamus reserves the right to refuse access to the Website and Services to anyone based on its own discretion, with or without cause, and with or without notice and/or disclosure.

As a condition of your use of the Website, you warrant to NamusFamus that you will not use the Website or Services for any purpose that is unlawful, or that is prohibited by this Agreement. Prohibited uses include, but are not limited to: competitive analysis, data mining or scraping through the use of robots, spiders, or otherwise; and/or any use with the potential to infringe the rights of any third party.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Website, except as expressly provided herein, or except as agreed in writing and signed by an authorized NamusFamus agent.

In addition, you hereby represent and warrant that you are an eligible user, as defined above in Section 1, Eligible Users.

3.2. Privacy and Confidentiality

Protecting your privacy and the personal information you provide us is a top priority. As such, NamusFamus will never sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We want our users to fully understand what information we collect, how we use this information, and the steps we take to protect your personal information. Please read the NamusFamus Privacy Policy, to learn more about the policies and procedures NamusFamus uses to achieve this goal.

You agree not to share any information provided to you by or on behalf of NamusFamus with any third party except as expressly permitted herein.

NamusFamus reserves the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, without notice at any time.

3.3. Violations of Acceptable Use

NamusFamus may elect to discontinue offering the Website or the Services, or any portion thereof, at any time for any reason, with or without advance notice.

You are responsible for safeguarding the confidentiality of any password(s) and login name(s) issued to you by NamusFamus, and for any use or misuse of such, or misuse of the Services or the Website resulting from any third party using a password or login name issued to you.

You agree that you will notify NamusFamus immediately of any known or suspected unauthorized use, breach of security, or violation of this Terms of Service Agreement, on or relating to the Website.

4. NamusFamus Fees

Browsing the NamusFamus.com Website and using the Services therein is free. NamusFamus does charge specific and individually listed amounts for each of the domain names listed for sale. You are responsible for paying any and all applicable taxes (except for NamusFamus’s income tax), costs, hardware, software, services and all other costs and expenses related to the Services or your activity conducted through the Website.

NamusFamus may, in its sole discretion, add, delete or change any of the Services provided or fees charged for those services. Any changes to offered Services or their associated fees will be prominently displayed on the Website, and users will receive fair and explicit notification of such. Changes in Services offered and/or fees charged may be implemented with or without notice.

Unless otherwise stated, all fees and currency amounts are quoted in United States Dollars. All quoted prices are understood to be end prices and are understood to include any applicable taxes.

5. Specific Services and Applicable Terms

The following terms and conditions pertain to particular Services offered by NamusFamus and through the NamusFamus.com Website.

NamusFamus and the NamusFamus.com Website serve as a marketplace to allow Users to purchase Domain Names (“Domains”).

Before entering into a binding agreement to purchase any Domain, you are strongly advised to perform all research necessary to ensure that you are aware of any factors potentially affecting your purchase, registration and use of the Domain, including, but not limited to, the applicable annual registration fees required to maintain your registration and use of the Domain, that your prospective use of the Domain will not infringe the rights of any third parties, and that you have all the information necessary to make an informed purchasing decision. NamusFamus is not responsible for any negative outcome of any purchase decision you make.

5.1. Description of Service: Domain Name Sales

NamusFamus provides Domain Name sales to prospective buyers of Domains (“Buyers”).

Buyer agrees that Buyer is responsible for any related fees charged and/or policies enforced by his/her registrar and/or service provider.

Not all domain extensions are alike, and certain top-level domains (TLDs) carry abnormal registration policies, restrictions, prices and other associated fees. Buyers are responsible for conducting all research necessary to make themselves familiar with the rules, regulations and fees of the associated registrar prior to purchase. Buyer agrees that NamusFamus shall not be held responsible for any abnormal registration policies, prices or fees enforced by the registrar. All registration fees must be paid by the Buyer, and Buyer agrees that NamusFamus is explicitly not responsible for any fees or policies of the registrar.

5.1.1. Fixed Price Sales Listings

All NamusFamus sales listings are offered at a fixed price, as quoted in United States Dollars. The sales price for any given Domain is considered to be the end price for the Buyer, and includes any applicable taxes.

Domain sales are conducted on a first-come, first-served basis. Buyers may claim one or more Domains from either the current Daily Listings Page or the current Star Deal Page by completing and submitting the form on the Purchase Page. A submitted purchase claim does not ensure a right to purchase the Domain(s) claimed.

NamusFamus will reply to all Domain claims that are submitted within regular business hours in a timely manner. Replies will 1) identify all claimed Domains that are already sold or claimed; 2) confirm all claimed Domains that are still unsold and unclaimed; 3) provide/confirm the total price; 4) provide PayPal payment instructions; 5) confirm the Buyer’s GoDaddy account information; and 6) state the time by which NamusFamus must receive payment, and after which the Buyer’s claim on the subject Domain(s) will expire if payment has not yet been received by NamusFamus.

If the Buyer remits payment for the claimed and confirmed Domain names by the end of the guarantee period, the Buyer will own the Domain(s) and transfer of control of the Domain(s) to the Buyer’s GoDaddy account will be processed by NamusFamus within two business days.

If the Buyer does not remit payment by the end of the guarantee period, the claim on the Domain(s) will expire, and the Domains will become available for purchase by another Buyer.

5.1.2. Liability

NamusFamus in no way guarantees or further warrants that the Website or any specific portion of the Website is continuously or permanently accessible. A Buyer may not argue that he would have been able to claim a Domain had the Website been available and that he, therefore, has a right to or a claim on that Domain.

5.1.3. Purchase Price / Currency Conversion

The purchase price for the Domain shall be listed in United States Dollars.

All prices quoted are understood to be end prices and indlude any applicable taxes.

5.2. Transfer of Ownership/Control of Domain Names

Once the full amount of the purchase price owed has been received by NamusFamus, the process of transferring ownership of the Domain(s) from NamusFamus to the new owner (the Buyer) shall commence. NamusFamus will transfer ownership and control of all Domains to the Buyer via a “push” to the Buyer’s GoDaddy account, as identified by the account number and account-associated email address supplied by the Buyer through the Purchase Claim form. NamusFamus will make all efforts to affect said transfers of control within two business days. In the event that unforeseen problems arise which preclude transfer of control of the Domain to the Buyer within two business days, NamusFamus will keep Buyer informed of problems and progress, and will work with Buyer and GoDaddy to resolve the issues in a timely manner.

In certain rare circumstances, it may become necessary for NamusFamus to perform a Quick Transfer. In a Quick Transfer, NamusFamus will creating a new GoDaddy account on behalf of the Buyer. Upon successful creation of the account, the Domain(s) will be “pushed” into the new account,  and NamusFamus will provide the Buyer with their GoDaddy account information, including password and login details. User agrees that this Quick Transfer process equates to both a transfer of domain ownership and a transfer of control of the Domain, and that once the Buyer has control over the purchased domain, NamusFamus has performed its duties under this Terms of Service Agreement.

5.2.1. Unsuccessful Transfers

In the event that the transfer of ownership is ultimately unsuccessful, as determined by NamusFamus, the full payment submitted to NamusFamus shall be refunded to the Buyer. NamusFamus shall not consider it an ultimate failure of the transfer if the unsuccessful transfer of the Domain to the Buyer is due to the failure of the Buyer to undertake further cooperative, as requested by NamusFamus and/or GoDaddy. In such cases where transfer of control continues to be unsuccessful, but the transfer is not deemed an ultimate failure because of lack of action on the part of the Buyer, NamusFamus shall have sole discretion in whether the Buyer shall be refunded or not. If it is determined that the buyer shall not be refunded the purchase price, NamusFamus will hold the Domain in its registrar account with the understanding that it is owned by the Buyer. The Buyer, however, will be responsible for monitoring the expiration date of the registration, and will be responsible for paying all renewal fees as they become collectible by the registrar. NamusFamus accepts no responsibility for the expiration of any Domain in its control, and retains the right to register any Domain that expires after it is dropped.

5.3. Publication Rights

The Buyer agrees that NamusFamus retains the right to publish the name of a Domain sold, as well as the purchase price of the Domain both on the Website and in other locations. NamusFamus will never publish the name or personal information of any Buyer without explicit prior permission.

6. Intellectual Property and Copyright

All content, database information, data and Services available on and through this Website are the property of NamusFamus and its affiliates, advertisers and licensors, and are protected by United States copyright law. All rights not expressly granted herein are fully reserved by NamusFamus, its affiliates, advertisers, and licensors.

If you believe that your copyright protected work has been copied and is accessible on the NamusFamus Website in a way that constitutes copyright infringement, please notify NamusFamus in writing and provide the following information:

• Name
• Email address
• Mailing address
• Phone number
• The URL, path or other specific location where the allegedly infringing material is located
• A description of the allegedly infringed work, including (if available) the URL, path or other specific location where the copyrighted work may be found for comparison
• Your relationship to the owner of the allegedly infringed work

All contents of the NamusFamus Website are protected: Copyright 2010, NamusFamus. All rights reserved.