Terms of Service

1. Acceptance Of Terms.

1.1 NameCatch®, provides its Service (as defined below) to You through its web site located at www.namecatch.com (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, You acknowledge that you have read, understood, and agree to be bound by this TOS. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If You do not have such authority, or if you do not agree with these TOS, You must not accept these TOS and may not use the Service.

1.2 NameCatch® may change this TOS from time to time without prior notice. You can review the most current version of this TOS at any time at http://www.namecatch.com/terms. The revised terms and conditions will become effective upon posting and if You use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to You, your only remedy is to stop accessing and using the Service.

1.3 This policy is effective from 01 April 2010. It was last updated on 19 September 2010.

2. Description Of Service.

The “Service” includes (a) the Site, (b) tools and services provided through the Site and (c) all software, data, text, images, sounds, video, and content made available through the Site or services (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.

3. General Conditions/ Access And Use Of The Service.

3.1 Subject to the terms and conditions of this TOS, You may access and use the Service only for your internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components. Since running a help desk is a game where the objective is to move tickets to state “Closed” as fast (and kindly) as possible, You agree to use all reasonable effort to bring all of your tickets to a closed state.

3.2 Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to NameCatch. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with NameCatch®, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.

3.3 You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of your login and account and are fully responsible for any and all activities that occur under your login or account. You agree and acknowledge that your login may only be used by one (1) person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows. NameCatch® reserves the right to access any or all your accounts in order to respond to your requests for technical support.

3.4 You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to NameCatch’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service.

3.5 The failure of NameCatch® to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and NameCatch®, even though it is electronic and is not physically signed by you and NameCatch®, and it governs your use of the Service and takes the place of any prior agreements between You and NameCatch.

4. Trademarks.

NameCatch® and NameCatch’s various logos used or displayed on the Service are registered trademarks of NameCatch® under class 09, 35, 42 and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the NameCatch® products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings.

5. Payment And Refunds.

This section has been removed. Currently there are no paid services.

6. Cancellation And Termination.

6.1 NameCatch® reserves the right to (a) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (b) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of your content in the Service, for any reason, including, if NameCatch® believes that You have violated these TOS. NameCatch® will use best efforts to publish on the Site or notify You about any planned downtime of the Service, and will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. NameCatch® shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.

7. Disclaimer Of Warranties.

THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND NameCatch® EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT NameCatch® DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM NameCatch® OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

8. Limitation Of Liability.

8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NameCatch® BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, NameCatch® SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE SUBSCRIPTION FEE PAID. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.

8.2 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

8.3 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

8.4 The content of the pages of this website is subject to change without notice.

9. Assignment.

NameCatch® may assign or transfer this TOS, in whole or in part, without restriction.

10. Governing Law.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.


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