Domain Name Management Services
Terms of Service
1. ACCEPTANCE OF TERMS
Namestead provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from
time to time without notice to you. You can review the most current version of
the TOS at any time at: http://www.namestead.com/domains/tos.asp.
In addition, when using particular Namestead services, you shall be
subject to any posted guidelines or rules applicable to such services which may
be posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Namestead currently provides users with domain name management services and personalized content through the site
(the "Service"). You understand and agree that the Service may
include advertisements and that these advertisements are necessary for Namestead
to provide the Service. Unless explicitly stated otherwise, any new features
that augment or enhance the current Service, including the release of new Namestead
services, shall be subject to the TOS. You understand and agree that the
Service is provided "AS-IS" and that Namestead assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings.
You are responsible for obtaining access to the Service and that access may
involve third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Namestead has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, Namestead has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion
You agree to refrain from making multiple registration attempts with
different email addresses. You agree not to access the Service from a computer
that is shared with another individual who has an existing Namestead account.
You agree to refrain from using a free email address to register for Namestead membership. Email addresses from domains sponsored by free services such as Yahoo or Hotmail are not permitted. Acceptable email addresses are those from domain names provided by your company, internet service provider (ISP) or school. After
completing the registration process, you may change your email address to any email address of your choosing -- including one provided by a free service.
From time to time, Namestead may make free service offers. Not to be
confused with free trial offers, free service offers are solely intended for the personal use of our members. All commercial use
of the service by companies, family of companies or related companies requires payment for services.
Multiple Namestead accounts are not permitted unless each account is set up
as a paid account.
Namestead is concerned about the safety and privacy of all its users,
particularly children. For this reason, Namestead does not allow the creation of
accounts by children under the age of 13. If you are the parent or guardian of a
child of any age, it is your responsibility to determine whether any of the
Services and/or Content (as defined in this TOS) are appropriate for your child.
Registration Data and certain other information about you is subject to our
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will define or receive a password and account designation upon completing
the Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify Namestead of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit from your account
at the end of each session. Namestead cannot and will not be liable for any loss
or damage arising from your failure to comply with these requirements.
6. MEMBER CONDUCT
You understand that all information, data, text or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content originated. This means
that you, and not Namestead, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via the Service. Namestead
does not control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will Namestead be liable in any
way for any Content, including, but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any kind incurred as a result of
the use of any Content posted, emailed, transmitted or otherwise made available
via the Service.
You agree to not use the Service to:
||upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
||harm minors in any way;
||impersonate any person or entity, including, but not limited to, a Namestead
official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
||forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
||upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
||upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
||upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, or any
other form of solicitation;
||upload, post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment;
||interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
||intentionally or unintentionally violate any applicable local, state,
national or international law;
||"stalk" or otherwise harass another;
||collect or store personal data about other users;
||provide links to or promote competing services without prior
||execute third-party scripts as a way to automate the functionality or
usability of the Service.
You acknowledge that Namestead does not pre-screen Content, but that Namestead
and its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, Namestead and its designees shall have the right
to remove any Content that violates the TOS or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on any
Content created by Namestead or submitted to Namestead, including without limitation
information in Namestead Control Panel and in all other
parts of the Service.
You acknowledge and agree that Namestead may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of Namestead, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
You agree to not publish, copy, distribute, transmit,
reproduce, license or sell any information obtained on the Namestead website
or obtained from using the Service unless explicit permission is granted.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Namestead does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make
available for inclusion on publicly accessible areas of the Service, you grant Namestead
the following world-wide, royalty free and non-exclusive license(s), as
With respect to Content you submit or make available for inclusion on
publicly accessible areas of Namestead, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on the Service
solely for the purposes of providing and promoting the Service to
which such Content was submitted or made available. This license exists only for
as long as you elect to continue to include such Content on the Service and will
terminate at the time you remove or Namestead removes such Content from the
"Publicly accessible" areas of the Service are those areas of Namestead
that are intended by Namestead to be available to the general public.
You agree to indemnify and hold Namestead, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or make
available through the Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service without the express written permission of Namestead.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Namestead may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that domain name monitors or other uploaded Content will be retained
by the Service, the maximum number of domain name monitors that may be created by an account on the Service, the maximum size of any
domain name being monitored that may be created by an account on the Service, the maximum disk
space that will be allotted on Namestead's servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may access the Service
in a given period of time.
You agree that Namestead has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service. You
acknowledge that Namestead reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that Namestead
reserves the right to change these general practices and limits at any time, in
its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Namestead reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that Namestead shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
You agree that Namestead, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without limitation, for
lack of use or if Namestead believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. Namestead
also in its sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this TOS may be effected
without prior notice, and acknowledge and agree that Namestead may immediately
deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or the Service. Further, you
agree that Namestead shall not be liable to you or any third-party for any
termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that Namestead shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Namestead has no control over such sites and
resources, you acknowledge and agree that Namestead is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that Namestead shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
16. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by Namestead
advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
||YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. NAMESTEAD
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.
||NAMESTEAD MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED.
||ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE 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 ANY SUCH MATERIAL.
||NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM NAMESTEAD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NAMESTEAD SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF NAMESTEAD HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF DISCLAIMER OF WARRANTIES SECTION AND
LIMITATION OF LIABILITY SECTION MAY NOT APPLY
Notices to you may be made via email. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
21. TRADEMARK INFORMATION
Namestead, the Namestead logo and other Namestead logos and product and service
names are trademarks of Namestead (the "Namestead Marks"). Without
Namestead's prior permission, you agree not to display or use in any manner, the
22. COPYRIGHTS AND COPYRIGHT AGENTS
Namestead respects the intellectual property of others, and we ask our users to
do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide Namestead's Copyright Agent the following
- an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
- a description of the copyrighted work or other intellectual property that
you claim has been infringed;
- a description of where the material that you claim is infringing is
located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
Namestead's Agent for Notice of claims of copyright or other intellectual property
infringement can be reached online
or by email.
23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Namestead and govern
your use of the Service, superceding any prior agreements between you and Namestead. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and Namestead shall be governed
by the laws of the State of California without regard to its conflict of law
provisions. You and Namestead agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of San Francisco,
failure of Namestead to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision. If any provision of
the TOS is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the TOS
remain in full force and effect. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to use
of the Service or the TOS must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
Please report any violations of the TOS to the Namestead Administrators.