NameShark and its affiliates provide products and services to clients all around the world. NameShark has the responsibility to protect each client and provide them with the best services available. The following conditions were designed to protect our products and services.
If you visit, shop, or use any of our products and services at NameShark, you accept these conditions.
Please read them carefully. In addition, when you use any current or future NameShark products and services or visit or purchase from any business affiliated with NameShark, whether or not included in the NameShark Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
DEFINITIONS USED IN THIS DOCUMENT
“NameShark.”, “NameShark.net”, and “We” are defined as the company NameShark.net “The customer”, “NameShark’s customers,” and “You” are defined as patrons of NameShark, “This site” is defined as any website that is owned, operated or otherwise directly or indirectly maintained by NameShark “Service” and “Product” are interchangeable, and defined as any merchandise or commercial offering of NameShark. The term “spam” is used as it is currently defined by the Federal Trade Commission.
SERVICE LEVEL AGREEMENT
Please review our Service Level Agreement policy.
When you visit NameShark or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All products and services provided by NameShark may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statute. You agree to indemnify and hold harmless NameShark from any claims resulting from the use of the service which directly or indirectly damages any other party.
COMMERCIAL ADVERTISING AND BULK EMAIL
NameShark takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of NameShark may not use or permit others to use our network to partake in UCE or SPAM distribution. Customers of NameShark may not host or permit hosting of sites or information that is advertised by UCE or SPAM sent from other servers or networks.
In addition to U.S. Federal Trade Commission (FTC) definitions, SPAM is further defined as any email that is sent to a recipient that did not ask for it to be sent to them or any email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In for email correspondence purposes. Users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. NameShark will be the sole arbiter as to what constitutes a violation of this provision and may take actions including, but not limited to, immediate service disconnection or suspension to ensure the quality of our network.
Users who: Maintain email lists
Send emails to more than 10 recipients at a time
Send more than 1,000 emails in a 30-day period
…must maintain complete and accurate records of all consents and opt-ins and provide such records to NameShark upon its request and allow any party sent email to remove itself automatically and permanently. If a user cannot provide positive and verifiable proof of such consents and opt-ins, NameShark will consider the mass mailing to be unsolicited and take appropriate action to ensure the quality of our network.
Other prohibited activities related to email include, without limitation, the following:
Use of NameShark Network for the receipt of replies to unsolicited mass e-mail
Forgery of e-mail headers (“spoofing”)
Spamming via third-party proxy, ip tunneling, aggregation of proxy lists, or installation of proxy mailing software
Configuration of any server to accept and process third-party messages for sending without verified user identification and authentication (open-relay mailers)
Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”)
Hosting web pages or providing services that support bulk emailers or SPAM
Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, USENET posts, pop-up messages, instant messages, or SMS messages
Configuring or altering a server in such a way as to defeat remote anti-SPAM filters such as trying to send emails out multiple IP addresses on the same server, or using invalid or recently registered domain names to mask the true identity of your emails
Use of any email address on a mailing list that was not opt-in verified by the same IP address and domain used to send outbound emails
SPAM COMPLAINT FEES
A service fee of $50/complaint will be applied to any customer with more than 5 (five) verified abuse complaints in a given month. Abuse complaints are defined as documented issues that are confirmed violations of these terms of service and to be a result of customer, or customer’s, web hosted content or information.
A service fee of $125/hour will apply for investigation and corrective work performed by NameShark to resolve SPAM violations.
IP BLACKLIST FEES
If, as a result of a Customer’s actions, NameShark’s mail servers or IP address ranges are placed on email black hole lists or other mail filtering software system list, NameShark shall charge the Customer $250 upfront and $125/hour thereafter for any necessary investigation and corrective work.
ACCEPTABLE USE POLICY
General Statement: NameShark’s Acceptable Use Policy (“AUP”) is provided to give our customers and users a clear understanding of what NameShark expects of them while using a product or service. All users of NameShark’s products and services: those who access some of our Products and Services but do not have accounts, users accessing content you place on NameShark’s products and services, as well as those who pay a service fee to subscribe to any Products or Services, may not use, promote, host, or participate in:
Copyright Infringement including no hosting of warez trackers, torrent sites, or link sites to copyright or protected content: Direct copyright infringement as defined and noted under Title 17, Section 512 of the United States Code
Unsolicited Email ‘SPAM’ to be defined as any mailing to more than 10 people at once who did not opt-in or request to be contacted
Proxy Email (SPAM): defined as the use of services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties
UseNet SPAM: sending, receiving, forwarding, or posting excessive UseNet content. This includes UseNet services located within the NameShark network or unrelated third party networks
Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services
Illegal Use: This includes, but is not limited to: death threats, terrorist threats, threats of harm to another individual, multi-level marketing schemes, “ponzi schemes”, invasion of privacy, credit card fraud, racketeering, defamation, slander, and other illegal activities
Threats & Harassment: Including but not limited to threats or harassment to individuals, organizations or businesses
Denial of Service (DOS and DDOS)
Terrorist Websites: This includes sites advocating human violence and hate crimes of any kind
Distribution of Malware: including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity, or any software appropriated for these or related activities
Phishing: any activity associated with phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense
Automated Bots for the purposes of posting/automating content/interactions/scraping/harvesting on any websites, blogs, forums, or other similar services including social media sites
Adult Content on any web hosting type service is prohibited
Online gaming that is part of denial of service attacks such as ‘Runescape’, ‘Habbo Hotel’, etc
Ping bots, network scanning programs, automated network intrusion programs
IRC ‘Internet Relay Chat’ related applications
Hosting any form of proxy software, or anonymous proxy services
Any form of pharmacy/drug/medicine related websites on any shared hosting service
The offering, or reselling to another party who offers, any sort of “free host” or “free hosting” services
Customers removed from our network as a result of any policy violation may not return for new services under any new or existing account unless explicit permission has been given in writing prior to activation of any new account or services. Customers found to be in violation of this guideline are subject to immediate suspension and/or termination without notice. Refunds for violating this guideline are at the sole discretion of management.
DOS & DDOS INCIDENT FEES
Any website, server, service, or client who hosts, promotes, instigates, or gives cause or access in any form to cause a Denial of Service attack (DoS) or Distributed Denial of Service attack (DDoS) shall be responsible for the billable time of staff and mitigation services at $85 per hour, the cost of excessive bandwidth or other resource consumption, and a per-incident fee of $250. Services may remain suspended or offline until such time that these fees are paid, infull, or alternate terms are agreed to by our billing department during normal business hours. Customers subscribed to our DoS & DDoS filtering plans shall be exempt from these fees unless the combined number of incidents or combined incident bandwidth consumption exceeds the limits as defined in said customers filtering plan.
REVERSE DNS / RDNS / PTR
Clients requesting Reverse DNS / PTR on their assigned IP space must adhere to the following policies:
The domain requested in the PTR must be older than 60 days
Clients must create and maintain matching FWD “A” records for the requested PTR
The PTR requested must be a unique, browser loadable website -OR- justification must be provided as to the use of the PTR
DEDICATED SERVER OPERATING SYSTEM RELOADS
NameShark will provided unlimited operating system reloads (reinstallation of base operating system only) free of charge within the first (30) days of service on all NameShark owned servers. After (30) days of service, NameShark will provide (1) operating system reload (reinstallation of base operating system only) free of charge, per month, on all NameShark owned servers. Additional fees may apply for multiple reloads after 30 days within a (1) month period.
INTERACTION WITH CUSTOMER SERVICE
The NameShark customer service team takes great lengths to provide polite, prompt and excellent customer service at all times. For the safety, wellbeing, and protection of our staff and their families we have a zero tolerance policy in regards to abuse of our staff. You may not threaten, bully, intimidate, abuse, shout at, swear at, insult, or otherwise disrespect our staff during any form of business communication including, but not limited to in person, telephone, live chat, fax, postal mail, Email, forum post, blog post, instant messenger, or ticket response. It is not ok to treat another human being abusively, nor is it ok to threaten their livelihood or wellbeing in order to gain a discount, or have someone rush your support request – we have a zero tolerance policy with people who abuse our staff. Violations of this aspect of the Terms of Service is subject to account termination without warning. If such a termination takes place no refund will be given.
PROMOTIONS AND DISCOUNT COUPONS
Discount coupons offered as promotion of any of the NameShark Services are presented as an enticement to increase our customer base and offer additional services to current customers. Coupons are limited to 1 per customer, new orders only and may not be combined with other coupons or special offers. NameShark active customers that present coupons for a similar service to what they currently subscribe to, and cancel their current service will not be eligible to have such a discount as offered with said coupon.
Promotional coupons may only be used once by any customer. Creation of different/multiple accounts in order to utilize more than one coupon, or to utilize the 30 day money back guarantee more than once, may subject your account to suspension and/or cancellation or, it may cause your services to lose the discount provided by the coupon and revert to standard retail pricing retroactively to the date of the initial subscription.
ACCOUNT TRANSFERS AND MIGRATIONS
Customers may transfer a NameShark service to another NameShark service at any time. NameShark will provide migration and transferal assistance for a one-time $50.00 (fifty dollar) assistance surcharge. Additional restrictions may apply, such as discount promotions may be voided if transferring from a higher cost or existing NameShark service. For additional information about this service, you may contact our help desk or sales team.
NameShark awards customer loyalty. When a current NameShark customer purchases a new service, during a time frame when this specific promotion is being offered, in addition to their existing service, you will receive one free month of service on your new service for every year that you have been a continuous NameShark customer. Free months of service are added at the end of the 12 (twelve) month period that your new service has been continuously active. Customers may only sign up for 1 (one) new product or service at the then offered promotional rate. This offer is null and void if a customer cancels any previously existing NameShark service during the 12 (twelve) month period from the date a purchase was made in connection with this offer. To be eligible for this offer, all accounts must remain in good standing for the full term of the offer.
PAYMENT AND BILLING
You agree to pay NameShark for Products and Services without deduction, or delay for any reason. At any time, NameShark may require you to pay a deposit or increase an existing deposit as a condition of providing Services. You authorize NameShark to investigate your credit history at any time and to share credit information about you with credit reporting agencies. Payment of all charges is due within three (3) days after the date of invoice, in U.S. currency. Invoices are issued seven (7) days prior to subscription renewal dates (if you bill on the 15th of the month, an invoice is generated on the 8th of the month and must be paid in full by the 15th of the month). Past due accounts that receive payments will have those payments applied to the oldest past due invoices first. Failure to pay any invoice may place the account into default, and could lead to suspension of all services until the account is paid and current. You will be responsible for reimbursing NameShark for all costs (including reasonable attorney fees) associated with collecting delinquent or dishonored payments. Accounts not paid in full within three (3) days of the invoice due date may be suspended, or terminated and a reconnection late fee of THIRTY FIVE DOLLARS ($35) may be applied for each service in the overdue invoice. Accounts not paid in full within fourteen (14) days of the invoice due date may be terminated and any past due invoices turned over to our collections service with an additional collections fee of SEVENTY NINE DOLLARS ($79) will be applied in addition to any past due balance and/or late fees. A late fee of 1.5% will be applied monthly for services over 30 days past due. Dedicated Servers are due the due date or within 3 days of service or are subject to termination.
If you dispute charges on your bill, you must notify NameShark in writing of the dispute within sixty days of the date on the affected bill, or else you waive the dispute.
You hereby agree to being billed for your service(s) on an automatic renewal basis and your service(s) will continue to be billed until cancelled by you pursuant to the terms of these Terms of Service. All payment periods are for the full period. Example: If you pay for a service on a monthly basis, the service shall remain active (barring it being suspended or terminated pursuant to other terms within these Terms of Service) for the full month and no prorated amount shall be refunded should you decide to cancel the service prior to the end of the billing period. If you pay for a service annually, the service will remain active (barring it being suspended or terminated pursuant to other terms within these Terms of Service) for the full period even if you decide to cancel said service prior to the end of the billing period. ONLY ON ANNUAL CONTRACTS: Should you cancel an annual contract prior to the end of the full term, prorated refunds may be granted and shall be calculated based upon converting the service back to the normal monthly rate and applying a $175.00 (one hundred seventy five dollar) early termination fee. If the termination fee exceeds the amount of the prorated refund, no refund shall be issued.
Upon the expiration or termination of a Service Order/Agreement/Contract under which space is made available to Customer, Customer will surrender the applicable Space to NameShark (hereinafter referred to as “Company”) and, within thirty (30) days after the date of such expiration or termination, return the Space to Company in the same condition as it was originally delivered to Customer, reasonable wear and tear excepted. Customer will remove the Equipment from the Space and the Facility and will fully repair any damage to the Facility caused by Customer, including, without limitation, any damage resulting from Customer’s removal of the Equipment from the Space. Any Equipment and/or personal property of Customer not removed within thirty (30) days after the date of expiration or termination of the applicable Service Order will, at Company’s option, conclusively be deemed to have been abandoned by Customer. Company may, upon written notice to Customer, apportion, sell, use, store, destroy, or otherwise dispose of the Equipment or Customer’s personal property without liability to Customer or any other person or entity. Customer will pay all expenses and costs incurred in connection with Company’s disposition of the Equipment and Customer’s personal property, including, without limitation, the cost of restoring the Facility to its original condition and of removing the Equipment or Customer’s personal property from the Facility. Should Customer wish to leave Equipment at NameShark for an indefinite period, Customer may do so at a rate of $50.00 (fifty dollars USD) per 1U per month of space occupied.
TAXES AND REGULATORY SURCHARGES
Rates outlined on attached order forms are exclusive of any applicable taxes. You are responsible for all taxes, gross receipts taxes, fees and surcharges relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent that you provide NameShark with a valid tax exemption certificate before NameShark provides Services to you. You are responsible for payment of any and all state, federal, or international surcharges.
NameShark offers multiple flexible bandwidth packages on all web hosting and service plans. Hosting and Service Plans with Un-Metered Bandwidth provides you with a network port locked at a specific Un-Metered Bandwidth speed (for example, Un-Metered 10 Mbps means your server has a 10 Mbps port) and you can use that network port during the entire billing period without any bandwidth over-usage fees. Hosting and Service Plans with Total Monthly Bandwidth allotment plans (such as 1000 GB per month) allow you to push traffic at very high speeds (Up to 100 Mbit or higher, depending on your server’s port speed) over our Premium Network. The bandwidth is calculated 50/50 between inbound and outbound usage. For example, on a 1000 GB plan, your hosting plan can transmit up to a total of 500 GB of data per month and receive up to 500 GB of data per month. Usage levels over your included bandwidth are billed monthly at the rate of $0.50 per GB. If you exceed or are about to exceed your monthly allotted bandwidth during any billing cycle, we reserve the right to limit network access, bill for estimated overage in advance, or suspend service until payment for the bandwidth overage is completed.
FAIR USAGE AND EXCESSIVE RESOURCE USAGE POLICY
NameShark provides this section to detail additional policies regarding ‘FAIR USE’ on our network and services to ensure that no single client can consumed all the available resources on a given system, network or server – thereby avoiding any possible degrading of service for other clients who may be sharing the same system(s). No account, server, or service may consume more than 10 % of the resources in total available such as CPU utilization, Disk space, Disk I/O, Memory, web port connections, network bandwidth or network packets per second.
In additional to the above, accounts on any web hosting plan (also known as ‘shared’, ‘ultimate’ and ‘reseller’ plans) may not run daemons or back ground tasks. Web hosting Accounts may store at most 1 (one) backup of their account in the server’s disk space. Web hosting Accounts may not use the server disk space for storage of backups, file sharing, file storage, and/or any type of content that is not accessible on the web site you are hosting. Users found to be utilizing their web hosting accounts to store multiple backups or violate this policy in any manner may be suspended and/or backups/hosted data removed without notice. NameShark will make reasonable efforts where possible to contact the web hosting account holder to offer a paid upgrade to Virtual or Dedicated Server hosting when an account exceeds the resource usage policy limits.
Servers operating under the VPS or Cloud platforms (TURBO Cloud Servers, KVM, Xen, T series etc.) are permitted to run daemons and background tasks so long as they adhere to the above mentioned resource usage restrictions. However, “Bot” applications, such as social media data mining applications, bitcoin mining, video encoding, or unattended applications which consume 100% of disk and or CPU resources for prolonged periods of time are prohibited on these platforms. Dedicated servers and collocated hardware are excluded from these background task limitations.
If the resource usage limits are exceeded NameShark may, without prior notice or warning, limit access, suspend or terminate the service or account at NameShark’s sole discretion. Suspended accounts are subject to termination at NameShark’s discretion 30 days after suspension. Web Hosting Accounts that no longer resolve to NameShark’s network are subject to termination at NameShark’s discretion.
All content included on NameShark’s websites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of NameShark or its content suppliers and protected by United States and international copyright laws. The compilation of all content on NameShark’s websites is the exclusive property of NameShark and protected by U.S. and international copyright laws. All software used on NameShark’s websites is the property of NameShark or its software suppliers and protected by United States and international copyright laws.
NameShark, NameShark.net and other marks indicated on our site are registered trademarks of NameShark, Inc. or its subsidiaries, in the United States and other countries. NameShark’s trademarks and trade dress may not be used in connection with any product or service that is not NameShark’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NameShark. All other trademarks not owned by NameShark or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NameShark or its subsidiaries.
LICENSE AND SITE ACCESS
NameShark grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of NameShark. This license does not include any resale or commercial use of NameShark’s websites or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NameShark. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NameShark and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing NameShark’s name or trademarks without the express written consent of NameShark. Any unauthorized use terminates the permission or license granted by NameShark. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of NameShark so long as the link does not portray NameShark, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any NameShark logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use NameShark products and services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use NameShark only with involvement of a parent or guardian. NameShark and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders and or services at its sole discretion.
As a courtesy to all clients who utilize, and pay for, data storage or backup services from NameShark, if you exceed the space you have available for data storage or backup services, we will notify you via email of having exceeded your quota. Unless instructed otherwise, by the client, in a timely fashion, NameShark, at its sole discretion, although under no requirement, obligation or liability, may increase your data storage or backup storage quota and charge the prevailing rate for such increase in storage space. NameShark, its affiliates, assigns, or employees, does not accept any liability for incomplete data recovery under this provision. You are solely responsible for verifying the completeness and accuracy of your backups.
CANCELLATION or NON-RENEWAL
To cancel or elect not to renew any product or service, the customer must submit a cancellation request via the NameShark Client Area. Cancellation requests must be submitted at least seven (7) calendar days prior to expiration of the current renewal term. To insure the privacy and security of both the customer and NameShark, cancellation must be completed via the NameShark Client Care Center only. No refunds, partial or otherwise, will be issued (excluding our 30 day money back guarantee, if applicable) for any unused portion of any billing cycle or late cancellations. For special promotions, a 50% off promotion, for example, NameShark applies those funds at the full value rate to whichever period the funds are covering at the service’s normal rate, and the remaining time is provided at no charge. More specifically – if you purchase a service with a semi-annual billing period at 50% off, NameShark applies the full rate to the first three months of service, and the ensuing 3 months of the 6 month term are provided at no charge. As such, any cancellations placed during the time frame in which service is being provided at no charge shall be ineligible for a refund. Furthermore, requests for refunds will only be considered if the cancellation request is for an immediate cancellation. Also, understand that you must have all your data backed-up and off the NameShark Network, because immediate cancellations may lead to the immediate and irrecoverable loss of any and all data associated with your service. The 30-day money-back guarantee may only be taken advantage of once by any one customer. Additionally, if you order 3 non-identical services on the same day and cancel all 3 within the 30-day money-back guarantee period, only one of the services will be refunded. Cancellations requests MUST be made seven (7) or more days prior to expiration of the current billing cycle. Cancellations made within the last seven (7) days of the current billing cycle and marked “Cancel at end of billing period” will not be terminated until the end of following billing cycle and the invoice will be due and processed. Cancellations made within the last seven (7) days of the billing cycle and marked “Immediate cancel” will be terminated by midnight of the day of the cancellation request, and the current invoice will still be due and processed per our Terms of Service.
No refunds will be given on customized services/orders, associated setup fees and/or services/orders with explicitly requested and provided IP diversity, unless specified at the time of purchase.
Any orders that have utilized a license for which NameShark has paid fees to a third party – such as (but not limited to) Microsoft Licenses, WHMCS Licenses, and cPanel Licenses – are non-refundable. Payments for domain names, for which NameShark pays to a registrar, are also non-refundable.
Dedicated Server Purchases are exempt from any 30 Day Refund policy.
NameShark and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please visit our Abuse Center.
NameShark and its affiliates attempt to be as accurate as possible. However, NameShark does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered by NameShark itself is not as described, your sole remedy is to return it in unused condition and discontinue using said service within five (5) business days.
Parties other than NameShark and its subsidiaries operate stores, provide services, or sell product lines on or through this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. NameShark does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.
Any attempts to undermine or cause harm to a NameShark service or customer of NameShark is strictly prohibited. NameShark will pursue legal action to the fullest extent for any abuse of NameShark or its products or services.
BREACH OF TERMS OF SERVICE
If any terms or conditions are failed to be followed, it will result in grounds for service suspension or deactivation. NameShark reserves the right to remove any account or service without prior notice. If NameShark deactivates your service or account(s) for violating policy, you will forfeit your rights to a refund. No refunds for advance payments on deactivated accounts. Serious offenses may cause immediate deactivation WITHOUT WARNING.
You agree to indemnify and keep indemnified NameShark (and its parent, subsidiaries, affiliates, officers and employees) from and against any costs, damages, liabilities and losses (including legal fees) suffered or incurred by NameShark as a result of any claim made by any third party due to or arising out of your use of the Service, your connection to the service or any breach by you of any of your obligations under these Terms and Conditions.
LENGTH OF CONTRACT
The agreement between You and NameShark will be effective as of the date you sign up for any NameShark Product or Service, and will remain effective until terminated by either party. You agree to any and all changes to the Terms of Service unless you elect to terminate service in writing with NameShark via the primary NameShark website, www.nameshark.net.
Without limiting other remedies, NameShark or its affiliates may limit, suspend, or terminate your use of NameShark Products and Services, prohibit access to NameShark’s website, remove hosted content such as emails and website data, and take technical and legal steps to keep you off NameShark’s network if we suspect that you are in breach of these Terms of Service, or are past due by more than 3 days on your account balance (subscription payment), causing possible legal liabilities, acting inconsistently with the letter or spirit of our policies, your use of any Product or Service degrades the quality and performance of the NameShark network, if you purchased NameShark Product or Services from an unauthorized reseller, or for other similar reasons, with immediate effect and without recourse to the courts. NameShark shall effect such termination by preventing access to your account and to the NameShark network as well as delete any website content, data, or domain names stored on our network. If you provided a valid email address, NameShark may provide notice to you by email, but is not under obligation to notify you.
All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the agreement, including without limitation, all of your representations, warranties and indemnification obligations.
You acknowledge and agree that any termination of the Service under any provision of this Agreement may be effected without prior notice, and agree that NameShark may immediately thereafter delete any and all hosted data, backup files, email files, domain names, account settings, network addresses and any other content within your account that is stored on the NameShark network.
You acknowledge and understand that if the NameShark Service or Products do not function as a result of a force majeure event, NameShark will not be in breach of any of its obligations toward you under these Terms of Service. A force majeure event means any event beyond the control of NameShark. In the event NameShark is affected by a force majeure event, it shall post a notification on the NameShark website or contact you directly concerning the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. NameShark will not accept any liability for the consequences arising out of a force majeure event.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE, ALONG WITH ITS PRODUCTS AND SERVICES, ARE PROVIDED BY NAMESHARK ON AN “AS- IS” AND “AS-AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, AND OUR PRODUCTS AND OUR SERVICES ARE AT YOUR SOLE RISK.
NAMESHARK 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. NAMESHARK 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 SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NAMESHARK OR THROUGH OR FROM ANY OF ITS SERVICE PROVIDERS SHALL CREATE ANY WARRANTY ABOVE AND BEYOND THAT WHICH IS EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NAMESHARK 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 NAMESHARK 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, OBTAINED, STORED, SENT OR RECEIVED 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.
Except in relation to such liability as has been expressly excluded the maximum aggregate liability of NameShark in contract, tort, statutory duty or otherwise (even where NameShark has been advised of the possibility of such loss or damage) for any loss or damage whatever arising from or in relation to this Agreement shall be limited to lessor of (i) $500; (ii) the monthly cost of the Service which has been paid for a given month. This limit shall also apply in the event that any exclusion or other provision contained in these Terms and Conditions is held to be invalid for any reason and NameShark becomes liable for loss or damage that would otherwise have been limited.
By visiting NameShark, you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and NameShark or its affiliates.
Any dispute relating in any way to your visit to NameShark or to products and services you purchase through NameShark shall be submitted to confidential arbitration in Toledo, Ohio, except that, to the extent you have in any manner violated or threatened to violate NameShark’s intellectual property rights, NameShark may seek injunctive or other appropriate relief in any state or federal court in the state of Ohio, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVER-ABILITY