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CN SEARCH - REGISTRATION AGREEMENT


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 and use of CommonName Search. By clicking the "Accept" button or by using CommonName Search you are accepting the terms and consenting to be bound by:
  • this Registration Agreement;


  • the Website Terms and Conditions (if you use any part of our website);


  • the CommonName Search 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 CommonName Search 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 FOR COMMONNAME SEARCH

To register for CommonName Search you should:
  • complete the sign-up process, and


  • read the CommonName Search Acceptance Guidelines.
Once you have completed the sign-up process, CommonName analysts will then review your requested search terms and advertisements to check (as far as they are able to) whether it satisfies the CommonName Search Acceptance Guidelines. However, such check does not constitute any representation or warranty that your requested terms and advertisements do not infringe third party rights.

If CommonName rejects any search terms or advertisements, CommonName will provide you with a general explanation as to why they were not accepted. CommonName may also provide suggested alternatives for you to choose from.

You are not permitted to re-direct the URL or change the URL that is linked to your advertisements to another URL that has not first been expressly approved by CommonName. You are also not permitted to link your advertisement to a URL where the domain name is owned by another party.

You will be asked to provide your credit card details and payment will be taken from your credit card for the amount that you deposit into your bid account. Of this deposit, $25 (or £25 in the UK) is a non-refundable administration charge, although that amount can still be used to purchase clicks. Any deposit above the $25 (£25) that is not used is refundable within 45 days of the request, less bank charges (if any). The method for topping up your bid account is selected by you in the sign-up process and can be changed by you at any time.

COMMONNAME SERVICES

CommonName will use its reasonable endeavours to ensure that its 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.

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 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 and/or use of the CommonName services does not confer upon you any rights in the CommonName Material.

YOUR OBLIGATIONS TO COMMONNAME

By registering for CommonName Search 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 URLs to which you link your advertisements to or you have consent to link to the URLs and they are lawful, fully operational and compatible with the search terms selected;
  • you will not re-direct or change any URL that is linked to an advertisement to another URL that has not first been expressly approved by CommonName;


  • your registration and use of any search term or advertisment:-


    • is not defamatory, obscene or linked to a URL 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 advertisement for an unlawful purpose, including any of the uses set out above;


  • you will not knowingly use the advertisement 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 search terms and advertisements;


  • failure to comply with the provisions of this Registration Agreement; or


  • disputes regarding registration and/or use of your search terms and advertisements


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

REFUNDS

You will be asked to provide your credit card details and payment will be taken from your credit card for the amount that you deposit into your bid account. Of this deposit, $25 (or £25 in the UK) is a non-refundable administration charge, although that amount can still be used to purchase clicks. Any deposit above the $25 (£25) that is not used is refundable within 45 days of the request, less bank charges (if any).

If CommonName for any reason decides to terminate your account because you have breached any terms of this Registration Agreement or the CommonName Search Acceptance Guidelines, any unused deposit (excluding the non-refundable administration charge) will be refunded to you within 45 days, less bank charges (if any). If CommonName decides to terminate your account for a reason other than a breach by you of this Registration Agreement or the CommonName Search Acceptance Guidelines, then CommonName will refund the full amount deposited with CommonName with 45 days.

DISPUTES

In the event that there is a dispute between you and a third party over the use of a search term or advertisement, CommonName may take whatever action it deems fit, including suspension of the search term or advertisement. Such suspension does not imply that CommonName is taking sides in any dispute, it merely implies that one course of action open to CommonName is to suspend the service until the two parties resolve their dispute. CommonName is not obliged to take any action whatsoever.

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 address to which your advertisements point to.


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. Either party may terminate this Registration Agreement for any reason at any time.

Upon termination of this Registration Agreement for any reason whatsoever both sides must pay to the other side monies that are owing.

The Indemnity and Liability clauses set out above shall survive termination or expiration of this Registration Agreement for any reason whatsoever.

Without prejudice to its other rights under this Registration Agreement, CommonName may suspend the services provided to you for any reason.

CONTACTING COMMONNAME

You can send notices to CommonName by writing to us at 144 Liverpool Road, London, N1 1LA.

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).

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 Website Terms and Conditions and the CommonName Search 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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