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AGREEMENT WITH COMMONNAME
The following terms and conditions set out the entire agreement between you and CommonNameTM Limited ("CommonName") a company registered in England and Wales (Registration number 3910727) relating to your registration of a CommonName Identity. By clicking the "Accept" button or by purchasing a CommonName Identity from your Reseller you are accepting the terms and consenting to be bound by:
- this Registration Agreement;
- the Dispute Resolution Policy;
- the Website Terms and Conditions (if you use any part of our website);
- the CommonName Identity Acceptance Guidelines; and
- the Privacy Policy
All of these agreements, policies and guidelines are on the CommonName Website ("the website"). In the event of an inconsistency between the terms of this Registration Agreement and the Website Terms and Conditions, the terms of this Registration Agreement shall prevail.
CHANGES TO THE REGISTRATION AGREEMENT
CommonName may change the terms of this Registration Agreement and the agreements referred to above and such changes will be effective 30 days after notice of the change is posted on the Website, except that changes to the Website Terms and Conditions and the Acceptance Guidelines will be effective immediately upon notice of the changes being posted on the Website. Provided, however, that any changes to this Registration Agreement that are not to your detriment (or require you to carry out any action) will be effective immediately upon posting on the Website.
REGISTERING A COMMONNAME IDENTITY
Before applying for a CommonName Identity you should:
- read and ensure your requested CommonName Identity satisfies the appropriate Acceptance Guidelines; and
- complete the appropriate registration form.
Any acceptance of your registration does not constitute any representation or warranty that your requested CommonName Identity does not infringe third party rights. CommonName will notify you by e-mail to confirm if your request for a CommonName Identity has been accepted or rejected. If CommonName rejects the CommonName Identity, CommonName may at its discretion provide you with a general explanation as to why it was not accepted.
You are not permitted to re-direct the URL that is linked to your CommonName Identity to another URL that has not first been expressly approved by CommonName. You are also not permitted to link your CommonName Identity to a URL where the domain name is owned by another party.
ONE REGISTRATION
You may register ONLY ONE CommonName Identity – usually your name. CommonName is committed to providing this service free of charge for as long as it is commercially viable for it to do so. CommonName will notify you if, for commercial reasons, it is unable to continue providing this service free of charge. It will then give you the option of either renewing your CommonName Identity registration subject to payment of the registration charge or cancelling your CommonName Identity registration.
COMMONNAME SERVICES
CommonName shall use its reasonable endeavours to ensure that its Website and services are functional at all times except in the event of scheduled maintenance, required repairs, a commercial decision by CommonName to stop any part of the service, legal reasons (including legal threats or a high risk of legal action from a third party), and loss or interruption of service for reasons beyond CommonName's reasonable control including the failure of a third party, government actions or other events of force majeure including acts of god, civil or military authority, acts of public enemy, war, accidents, fire, explosions, earth quakes, floods, failures of transportation or telecommunications, machinery or suppliers or vandalism. You are not entitled to a refund or part refund if any part of the CommonName service is withdrawn for any of the above reasons as long as parts of the service remain. You acknowledge that the service provided by CommonName has multiple components and that no one component is crucial to the service.
CommonName does not represent or undertake that any of its services and/or use of any CommonName shall be without interruption or error free or that any CommonName Identity registered under this Agreement shall be accessible through any particular browser, search engine or other method of distribution.
INTELLECTUAL PROPERTY
CommonName and/or its suppliers, subcontractors and/or agents shall at all times retain ownership in all intellectual property rights in the CommonName Website, CommonName logos, CommonName services and content of the CommonName Website ("CommonName Material") which shall include all patents, trade marks, service marks, registered designs, design rights, copyright, database rights, Internet domain names, know-how, trade or business names, applications for any of these and other similar rights in the nature of the above in any country or jurisdiction. Registration and/or use of a CommonName Identity and/or use of the CommonName services does not confer upon you any rights in the CommonName Material.
YOUR OBLIGATIONS TO COMMONNAME
By registering a CommonName Identity you warrant and represent to CommonName that:
- you have full capacity to enter into this Registration Agreement and all statements which you make in this Registration Agreement are complete and accurate;
- you own the URL and/or the e-mail address to which you have specified the CommonName Identity should point or you have consent to link to that URL and/or e-mail address and that it is lawful and fully operational;
- you will not re-direct the URL that is linked to your CommonName Identity to another URL that has not first been expressly approved by CommonName or link your CommonName Identity to a URL where the domain name is owned by another party;
- registration and use of the CommonName Identity:-
- is not defamatory, obscene or linked to a URL and/or e-mail address which is unlawful, defamatory and/or obscene;
- does not infringe and will not infringe upon or otherwise violate the intellectual property rights of any third party;
- does not tarnish another party's business or dilute their goodwill;
- does not take unfair advantage of or derogate from the distinctive character or repute of a third party's trade mark or sign;
- you are not registering and will not use the CommonName Identity for an unlawful purpose, including any of the uses set out above;
- you will not knowingly use the CommonName Identity in violation of any applicable laws or regulations, accepted standards and/or honest practices in industrial or commercial matters;
- you will provide CommonName with accurate information and shall keep CommonName notified of any changes to your contact details including your billing address.
INDEMNITY
You agree to indemnify CommonName against all liabilities, losses, damages, costs, charges and expenses incurred (including but not limited to legal costs and disbursements on an indemnity basis), and claims and/or legal proceedings brought against CommonName which arise from your:-
- registration and/or use of your CommonName Identity;
- failure to comply with the provisions of this Registration Agreement; or
- disputes regarding registration and/or use of your CommonName Identity
except when this arises due to the acts or omissions of CommonName.
DISPUTES
In the event of a dispute commenced against or by you regarding registration and/or use of a CommonName Identity you will notify CommonName in writing (including by appropriate electronic means) of any administrative proceedings brought under the Dispute Resolution Policy, court action or other arbitration proceedings.
If your registration and/or use of a CommonName Identity is challenged by a third party ("Complainant"), pursuant to the Dispute Resolution Policy you agree to comply with the terms of the Dispute Resolution Policy in effect at the time the Complainant lodges a complaint form.
In the event of a dispute regarding your registration and/or use of a CommonName Identity, except where the dispute is settled between the parties, CommonName will not recognise and will not act upon any instructions to transfer your CommonName Identity registration to another person, during:
- a pending administrative proceeding brought pursuant to the Dispute Resolution Policy;
- the period of 15 calendar days after conclusion of an administrative proceeding; or
- a pending court proceeding, or arbitration proceeding. unless the party to whom the registration is being transferred agrees in writing to be bound by the decision of the court and/or arbitrator (as the case may be).
In the event that your CommonName Identity results in a claim, demand or dispute of any kind, which involves CommonName, CommonName may, in its entire discretion, if satisfied that such action is necessary, withdraw, refuse or otherwise suspend use of your CommonName Identity and take such other action as it deems reasonably necessary.
CommonName shall implement the decision of the Administrative Panel, court and/or other arbitrator (as the case may be) and transfer or cancel your registration.
EXCLUSION AND LIMITATION OF LIABILITY
CommonName shall not be liable for any failure in the services provided to you under this Registration Agreement arising from:
- faults in your Equipment;
- reasons which are beyond CommonName's reasonable control including the default or failure of a third party, government actions or other events of force majeure including acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, failures of transportation or telecommunications, machinery or supplies, vandalism, or any similar cause; or
- you changing the URL and/or e-mail address to which your CommonName Identity points.
Except for liability for death or personal injury arising as a result of the negligence of CommonName, its employees, suppliers, agents or subcontractors, CommonName's liability to you or otherwise will be limited to £100 for any one incident or series of related incidents subject to a maximum of £300 for all incidents in any 12 month period.
CommonName shall not be liable to you in contract, tort, negligence (other than for fraudulent or negligent misrepresentations) or otherwise for:
- economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings);
- loss of goodwill or reputation;
- loss of data; or
- special, indirect or consequential loss.
The express terms of this Registration Agreement are in lieu of all warranties conditions, undertakings, terms and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
TERM AND TERMINATION
This Registration Agreement shall commence on the date you click on the "Accept" button and shall continue thereafter unless terminated by either party in the circumstances set out below.
CommonName may terminate this Registration Agreement for any reason whatsoever by giving you not less than 4 weeks prior written notice.
Upon termination of this Registration Agreement for any reason whatsoever you must not make further use of the CommonName Identity.
The indemnity set out above shall survive termination or expiration of this Registration Agreement for any reason whatsoever.
CONTACTING COMMONNAME
You can contact and send notices to CommonName, by sending an email to support@commonname.com or by writing to us at, 144 Liverpool Road, London, N1 1LA. If you purchased your CommonName via your Reseller and have any questions, you should contact your Reseller in the first instance.
CommonName may send you notices by posting general notices on its Website, or by email or post at the addresses which you have provided to CommonName.
Notices which are emailed or posted on the Website will be deemed received immediately from the date on which the notice was sent or posted on the Website. If sent by normal post, the notice will be deemed received two days after posting or seven days after posting if the notice is posted to another country.
PERSONAL INFORMATION
You acknowledge and agree that CommonName may in the course of providing the services to you pursuant to this agreement collect personal information about you. Subject to any opt out which you may make at the point of collection, you agree that CommonName may use your personal information for the purposes set out in the Privacy Policy. Your personal information may also be used by CommonName for credit verification and debt collection purposes (including disclosure to and use by third parties acting on CommonName's behalf for such purposes). If you purchased your CommonName Keyword from your Reseller, the Reseller may also use your personal information in accordance with its own policies.
GENERAL
You may not without the prior written consent of CommonName assign, novate, sub-licence or otherwise dispose of the whole or any part of this Registration Agreement.
This Registration Agreement, which includes for the avoidance of doubt the Privacy Policy, the Dispute Resolution Policy and Rules and the WIPO Supplemental Rules, the Website Terms and Conditions, the CommonName Identity Acceptance Guidelines, constitutes the entire agreement between you and CommonName and supersedes all prior or contemporaneous communications and proposals, whether oral or written between you and CommonName.
No failure, delay, relaxation or forbearance on the part of either party in exercising any power or right under this Registration Agreement shall operate as a waiver of such power or right.
A person who is not a party to this Registration Agreement shall have no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Registration Agreement or the equivalent in any other jurisdiction. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
This Registration Agreement is governed by and construed under English Law and you agree to submit to the exclusive jurisdiction of the courts of England and Wales except that if urgent interim injunctive or declaratory relief is sought, CommonName may commence court proceedings against you in any appropriate jurisdiction.
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