Effective Date: 01 October 2020
FOLLOWING ARE THE TERMS ON WHICH Namenative OFFERS YOU ACCESS TO OUR DOMAIN PARKING SERVICE.
This is the User Agreement (the "Agreement" or "User Agreement") that contains the terms and conditions ("T&C") applicable to your use of online Domain Parking Service ("Service" or "Services") as described and available under or through the domain, sub-domains, and affiliated domains of https://namenative.com (collectively, the "Site") IF YOU ("YOU" OR "USER") DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS OUR SITE OR SERVICES.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement which include those terms and conditions expressly set out below and those incorporated by reference, before you may use the Service. This Agreement is effective upon the earlier of: (i) your first use of the Service for any reason; (ii) the Effective Date noted on the posted version of the Agreement. Namenative may elect to discontinue offering the Service, or any portion thereof, at any time for any reason, with or without advance notice.
If Namenative intends to amend its Domain Parking Terms and Conditions, Namenative will notify You thereof. If you do not object thereto in due form or in due time, the amended Domain Parking Terms and Conditions shall take effect two (2) calendar weeks after receipt of the notice. An objection is only deemed to have been made in due form and in due time if it is made in writing and is received by Namenative within two weeks after receipt of the notice. Namenative shall notify You of the possibility of filing an objection and of the form and time limit therefor and the legal consequences of failing to file an objection in due form and in due time.
Unless otherwise agreed between Namenative and You, side agreements, amendments, or addenda to these T&C are not valid unless set forth in written form (e-mail and fax are sufficient). Any waiver of this written form requirement is also not valid unless set forth in written form.
These terms and conditions are drafted in English, German, French, Spanish and Chinese language. In the case of any inconsistency between the English version and the other versions, the English version will prevail.
At all times your use of the Service must be in compliance with this Agreement and the Acceptable Use Policies posted on the Namenative website under Policies, which are hereby incorporated by reference. If you violate the Acceptable Use terms described herein, Namenative may, in its sole discretion, with or without notice, terminate your access to the Service.
As a condition of your use of the Service, you warrant to Namenative that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
Domain Parking is an optional service for Users to "park" their undeveloped domain names in order to generate revenue and increase the chance of a sale. To use Domain Parking, the User must forward their Domain to a Nameserver specified by Namenative and enter the Domain in their Namenative account. As the registered owner of the Domain(s), the User is solely responsible for any content directly or indirectly displayed by directing the domain to Namenative's Services.
Namenative's Domain Parking Service is free of charge for Users. Users are responsible for all fees related to their registration and use of the Domain.
Users who utilize the Domain Parking Service are obligated and solely responsible for verifying that their use of the Domain Parking Service with their Domain(s) does not and will not violate the rights of any third parties, including, but not limited to, trademark rights, naming rights, and rights protected by unfair competition laws as well as any applicable laws. In addition, should User receive notice from a third party regarding their use of Namenative's Domain Parking Service, the User is obligated to immediately cease their use of the Domain Parking Service for the respective Domain and contact Namenative and provide any relevant information related to such notice.
Likewise, Users who utilize the Domain Parking Service are obligated and solely responsible for compliance with all relevant international regulations, including, but not limited to, the European Union’s General Data Protection Regulation (“GDPR”) regarding visitors to User’s Domains parked with the Service.
USER HEREBY INDEMNIFIES Namenative IN FULL SCOPE FROM ANY AND ALL POSSIBLE CLAIMS AGAINST Namenative IN RELATION TO USER'S VIOLATION OF THE OBLIGATIONS DESCRIBED IN THIS SECTION 3.3.
In the event that (a) Namenative has been notified by a third party that a User's use of the Domain Parking Service may infringe the rights of a third party or (b) Namenative identifies an abusive use of the Domain Parking or an infringement against Namenative policies, Namenative reserves the right to immediately suspend the Domain Parking service without prior notice and to prohibit the User from using the affected domain(s) with the Domain Parking Service.
Users who use the Domain Parking Service may select an advertising keyword for each of their parked Domains that is related to the subject matter of the Domain and which may control which advertisements appear for the respective Domain. All keyword selections must comply with Keyword Selection Policy, which is hereby incorporated by reference and subject to revision from time to time. User agrees not to select advertising keywords likely to cause the display of content infringing the rights of any third party. Namenative and its advertising providers reserve the right to disable or alter advertising keywords at any time, without notice, and at their sole discretion to ensure relevancy for advertisers, non-infringement of any third-party right, or violation of Namenative's Offensive Domain Policy.
You acknowledge that the content on parked Domains is generated automatically. Namenative makes no warranties as to the appropriateness, validity and non-infringement of such content. Namenative makes no warranties that such content when displayed on your Domain will not violate any applicable laws. You have the ability to discontinue the Domain Parking Service for any Domain and as such may choose to do so at your sole discretion. The entire risk arising out of the use of the Domain Parking Service remains with You, and You will indemnify Namenative from any claims arising in relation to your use of the Domain Parking Service.
If a mode of domain traffic monetization, like an advertising banner, advertising link, or redirect to an advertiser website, has been activated in compliance with the Rules for Domain Parkers by an internet user on the webpage of User's Domain(s) that he/she has listed with the Namenative's Domain Parking Service (“Monetization Event”), then a click balance shall be credited to the User's account in an amount and at a time determined at Namenative's sole discretion ("Click Balance").
DOMAINS THAT ARE NOT ADDED TO A Namenative USER ACCOUNT DO NOT ACCUMULATE A CLICK BALANCE.
The total Click Balance generated shall be paid out to the User, so long as there are no indications of "fake" or manipulated traffic, as defined below, or active legal disputes in relation to User's use of the Domain Parking Services, at an interval and in the manner as described in the Rules for Domain Parkers.
Any unredeemed Click Balance that has yet to expire will be held until the month in which the total amount due exceeds the chosen minimum payment amount for the chosen payment method or until the participation in the parking program has ended, in which case final payment will be made by method chosen by Namenative in its sole discretion and any unredeemed Click Balances less than $20 shall be forfeited.
Any Namenative-Clickbalance shall expire after twelve (12) months after being generated, for whatever reason.
In accordance with the Rules for Domain Parkers, Namenative reserves the right to reject payment requests to unconfirmed PayPal accounts. In addition, Namenative reserves the right to demand verification of User identity before releasing Click Balance payments to said User.
User Click Balances resulting from use of the Domain Parking Service are subject to revision for reasons including, but not limited to, accounting corrections from Namenative's advertising providers or revisions to rates per click. Namenative will only pay Click Balances that correlate to the actual share of revenue that we actually receive from our advertising provider.
In the event that Namenative discovers a mistake in a month's Click Balance already paid to User, the User agrees to cooperate with Namenative to correct the accounting discrepancies, including returning any unearned Click Balance mistakenly paid, so long as Namenative attempts to contact the User within 30 days of discovering the mistake.
PLEASE BE ADVISED THAT STATISTICS DISPLAYED IN YOUR ACCOUNT, ON THE Namenative MARKETPLACE OR OTHERWISE COMMUNICATED TO YOU BY Namenative ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT REFLECT REAL TIME ACCURATE ACCOUNTINGS OF DOMAIN STATISTICS OR CLICK BALANCE.
"Fake" or otherwise manipulated traffic is hereby defined as statistically measured visits to a Domain causing the Monetization Event associated with said Domain, which have been produced by anyone other than a living individual with good-faith intent to inquire about the subject matter being displayed on said Domain.
Upon reasonable suspicion that a User's Click Balance is the result of Fake Traffic, Namenative reserves the right, without prior notice and at Namenative's sole discretion, to delete any or all of the accumulated Click Balance for a User Account, to deny any or all of the User's Domain(s) from utilizing the Domain Parking Service, and/or suspend or delete the User's account. Nothing herein shall prevent Namenative from pursuing any claim of damages against the User in relation to their violation of this Section 3 or the Domain Parking Specifications and Guidelines.
Namenative reserves the right to terminate or discontinue provisions of the Domain Parking Service at any time, without reason and without prior notice to the User. Upon termination, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in Namenative's systems. Namenative is under no obligation to maintain any such data or information unless required by law.
Namenative does not guarantee the success of the search for the domain monetization model associated with the advertising keyword specified by the User, nor does Namenative guarantee that Users who direct their Domains to Namenative’s servers or participate in the Domain Parking Service generally will generate a Click Balance or earn any revenue from their participation. Please note that specific click rates or click prices fluctuate dependent upon market forces and are subject to change at any given time.
Namenative IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING ADVERTISERS) THROUGH THE DOMAIN PARKING SERVICE. USER IS SOLELY RESPONSIBLE FOR THE CONTENT DISPLAYED ON USER'S DOMAINS. Namenative AND ITS LICENSORS MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT. DOMAIN PARKING STATISTICS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. Namenative MAKES NO GUARANTEE AS TO THE ACCURACY OF ANY STATISTICAL INFORMATION PROVIDED.
Namenative and its advertising providers maintain all right, title and interest, including without limitation all intellectual property rights relating to the Domain Parking Service. Any rights not expressly granted herein are reserved. User shall not, and shall not allow any third party to: (a) modify, adapt, translate, prepare derivative works from, decompile (except to the extent allowed by law), reverse engineer, disassemble, or otherwise attempt to derive source code from the Domain Parking Service, the advertising links, or any other technology or documentation obtained from the Domain Parking Service; (b) crawl, index or in any non-transitory manner store or cache information obtained from the Domain Parking Service; (c) disclose information obtained from the Domain Parking Service to any third party offering services competitive with the Domain Parking Service; or (d) engage in any action or practice that reflects poorly on Namenative or its advertising partner.
Users should be aware that Namenative is not the editor of the parking pages it provides to its users. However, Namenative maintains all associated intellectual property rights, including, but not limited to, copyright rights in the design elements in such pages as they are published and reserves the right to alter, discontinue, or otherwise modify parking page templates available for users of the Domain Parking Service.