CN KEYWORDS - REGISTRATION AGREEMENT

The following terms and conditions set out the entire agreement between you and CommonName^TM Limited ("CommonName") relating to your registration of a CommonName Keyword ("CN Keyword"). By purchasing a CommonName Keyword you are consenting to be bound by the terms of this Agreement.

REGISTERING A COMMONNAME KEYWORD

Before applying for a CN Keyword you should ensure that your requested CN Keyword satisfies the CN Keyword Acceptance Guidelines listed on the CommonName website. Your CN Keyword must satisfy the CN Keyword Acceptance Guidelines for the life of your registration.

Review by CommonName of an application does not constitute any representation or warranty that your requested CN Keyword does not infringe third party rights. CommonName reserves the right to reject any application for any reason.

You are not permitted to re-direct the URL that is linked to your CN Keyword to another URL or alter the mapping of your CN Keyword in any way that has not first been expressly approved by CommonName.

COMMONNAME SERVICES

CommonName will use 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.

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 CN Keywords will be accessible through any particular browser, search engine or other method of distribution.

INTELLECTUAL PROPERTY

CommonName will at all times retain ownership in all intellectual property rights in the CommonName website, logos and services provided by CommonName ("CommonName Material") in any country or jurisdiction. Registration of a CN Keyword does not confer upon you any rights in the CommonName Material.

YOUR OBLIGATIONS TO COMMONNAME

By registering a CN Keyword you warrant and represent to CommonName that:

you have full capacity to enter into this Registration Agreement;
you own the URL and/or the e-mail address to which you wish to link the CN Keyword;
you will not re-direct the URL that is linked to your CN Keyword without the express written approval of CommonName;
your registration and use of the CN Keyword:-
- is not defamatory, obscene or linked to a URL or e-mail address which is unlawful, defamatory or obscene;
- does not infringe and will not infringe upon or otherwise violate the intellectual property rights of any third party, or tarnish another party's business or dilute their goodwill;
you are not registering and will not use the CommonName Keyword for an unlawful purpose or in violation of any applicable laws or regulations, accepted standards 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 and information.

INDEMNITY

You agree to indemnify CommonName against all liabilities, losses, damages, costs incurred (including but not limited to legal costs and disbursements on an indemnity basis), and claims or legal proceedings brought against CommonName which arise from your:-

registration or use of your CN Keyword; or

failure to comply with the provisions of this Registration Agreement

except when this arises due to the acts or omissions of CommonName.

CANCELLATIONS AND REFUNDS

CommonName may cancel your registration at any time without refund for the following reasons:

if your CN Keyword does not comply with the CN Keyword Acceptance Guidelines or the URL that is the ultimate destination has not been expressly approved by CommonName;

if you suffer any process of insolvency, bankruptcy or protection from your creditors; or

if you breach this agreement in any way.

CommonName may also cancel your registration for any other reason. If that is the case, you must seek a pro-rata refund for the unused past of the registration period from the reseller that sold you the CN Keyword.

If you cancel your CN Keyword, there is no refund. CommonName provides no traffic or other guarantees or claims in relation to CN Keywords.

DISPUTES

In the event of a dispute commenced against or by you regarding registration and or use of a CN Keyword you agree to comply with the terms of the Dispute Resolution Policy on the CommonName website. You must notfiy CommonName in writing of any disputes.

In the event of a dispute, except where the dispute is settled between the parties, CommonName will not recognise any instructions to transfer a CN Keyword registration 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 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 or arbitrator.

CommonName shall implement the decision of the administrative panel, court or other arbitrator (as the case may be).

EXCLUSION AND LIMITATION OF LIABILITY

CommonName will not be liable for any failure in the services provided to you under this Registration Agreement arising from reasons which are beyond its reasonable control.

CommonName will not be liable for any statements or representations made to you by any resellers that sell you a CN Keyword.

Except for liability for death or personal injury arising as a result of the negligence of CommonName or its employees contractors, CommonName's liability to you in 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 or otherwise for:

economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings or 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.

CONTACTING COMMONNAME

If you purchased your CN Keyword via a reseller and have any questions, you should contact your Reseller in the first instance.

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, United Kingdom. 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.

PRIVACY

You should read our Privacy policy, which can be found on the CommonName website. If you apply for a CN Keyword, then you will be giving us personal information about yourself. We will not pass on any of that information to third parties.

GENERAL

The terms of this Agreement may be changed with the mutual consent of the parties.

You may not without the prior written consent of CommonName assign otherwise dispose of your CN Keyword or any part of this Registration Agreement.

This Registration Agreement, and all agreements that are referred to in it 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.

A person who is not a party to this Registration Agreement shall have no right to enforce any term of this Registration Agreement or the equivalent in any other jurisdiction.

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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