NAMEDRIVE.COM USER AGREEMENT
The following terms and conditions are applicable to all
users ("You" "Your") accessing NAMEDRIVE.COM.
Please read all the terms and conditions which constitutes
the "User Agreement" or "Agreement" prior to using the web
site. By accessing and using NAMEDRIVE.COM, you are hereby
agreeing to be legally bound by the terms and conditions in
association with the services ("Service" or "Services")
offered by NAMEDRIVE.COM, owned and operated by NameDrive
LLC.
If you do not wish to be bound by the terms and conditions
of this "User Agreement" or do not agree with the terms and
conditions, do not access NAMEDRIVE.COM ("Site") or use the
services offered.
After reading the terms and conditions and before using the
Site or the Services or becoming a registered user of the
Site, you must agree with and accept all of the terms and
conditions contained in the "User Agreement" and in the
Privacy Policy ("Policy"), which include those terms and
conditions expressly set out below and those incorporated by
reference.
NO UNLAWFUL OR PROHIBITED USE: You agree to not use the Site
for any purpose that is unlawful or prohibited by these
terms, conditions, and notices, in any manner that could
damage, disable, overburden, or impair the NAMEDRIVE site or
any of its services or interfere with any other party's use
and enjoyment of the Site. You may not attempt to gain
unauthorized access to the Site, other accounts, computer
systems or networks connected to the NAMEDRIVE.COM Site,
through any means. You may not use robots, software systems
or any other method to artificially modify the number of
views, clicks, CTR, PPC, RPM or revenue away from that
driven by regular Internet users (not including, but not
limited to, yourselves, employees, associates, partners,
etc.).
Use of this site is limited to those over 18 years of age.
If you are under 18 then your parent or guardian must obtain
the account for you and they will be responsible for any of
your actions. If you are representing a company, you
represent and affirm that you have the legal right to bind
that entity.
All material on this site is owned by NameDrive LLC. This
material is protected, without limitation, pursuant to U.S.
and foreign copyright, trademark, patent, trade secret and
other applicable laws. You agree not to disassemble,
decompile, reverse engineer or otherwise modify any of the
material on this site. You agree to not reproduce, modify,
create derivative works from, display, perform, publish,
distribute, disseminate, broadcast or circulate any of the
material without the express prior written consent of
NameDrive LLC. Any unauthorized or prohibited use may
subject the offender to civil liability and criminal
prosecution under applicable international, federal and
state laws. You agree that your use of the site and services
are subject to all applicable local, state, national and
international laws and regulations and you are solely
responsible for all acts or omissions that occur under your
account or password, including, without limitation, the
contents of any transmissions through the Services for which
you are responsible or which occur through the use of your
password.
Jurisdiction and venue for any and all actions shall be
exclusively in Maryland and you hereby specifically waive
any objections pertaining to personal jurisdiction or venue
in any actions between you and Company. You further agree
that if there is a law suit between us that you will be
responsible for all of our attorney’s fees and other
associated costs unless you can show that we wronged you and
we did so intentionally. All cases filed must be in the
Court with subject matter jurisdiction physically closest to
Montgomery County, Maryland.
Links to third-party web sites from the Website are not
necessarily under NameDrive's control and we do not assume
any responsibility or liability for any content, opinions or
materials available at such third-party web sites. We may
amend this agreement at any time by posting the changes to
this site without any notification to you and all amended
terms shall automatically be effective the moment posted.
You may not modify this agreement without written permission
from NameDrive LLC.
NameDrive may, in its sole discretion and for any reason,
with or without notice, for cause or without cause, may
terminate your access to the Site and Services. You
specifically accept this termination clause and waive any
right to object to it in any dispute. You agree to not use
the NameDrive Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices, in any
manner that could damage, disable, overburden, or impair any
NameDrive site or service or interfere with any other
party's use and enjoyment of same. You may not attempt to
gain unauthorized access to the NameDrive Site, other
accounts, computer systems or networks connected to the
NameDrive Site, through any means.
You specifically warrantee that all statements made to us or
to any other entity or person are true and correct and
hereby indemnify NameDrive, LLC for any liability,
attorney’s fees or costs arising from any false statement(s)
or actions made by you or those acting for you including any
one who uses your username and password. Any material posted
by a user shall be considered to be in the public domain and
you authorize NameDrive to use said posting without any
payment, without any liability, in any way or we see fit. If
you post a third parties intellectual property you are
specifically warranting that you have the right to put this
material in to the public domain and you specifically
indemnify us for any liability, attorney’s fees or costs
from the use of said material. You agree to notify us of any
known or suspected wrongful acts or violations of this
agreement and failure to do so shall be deemed a breach of
this agreement.
We are not obligated to monitor the content on the Site. We
reserve the right to disclose any information,
communication, or materials as necessary to satisfy any
applicable law, regulation, legal process or government
request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, from the
Site, in our sole discretion. In no event shall NameDrive be
liable for any direct, indirect, punitive, incidental,
special, consequential damages or any damages whatsoever
including, without limitation, damages for loss of use, data
or profits, arising out of or in any way connected with the
use or performance of the sites or services, with the delay
or inability to use said site or related services, the
provision of or failure to provide services, or for any
information, software, products, services or otherwise
arising out of the use of the site whether based on
contract, tort, negligence, strict liability, intentional
acts or otherwise, even if NameDrive or any of its
associates, suppliers, subcontractors or employees has been
advised of the possibility of damages. We make no warranties
of any sort. Further, our liquidated damages for any act if
we are found to be liable for any act, shall be $500
including all costs and attorneys fees. You may use this
site in accordance with these terms, but entirely at your
own risk.
SERVICE PROVIDER: NAMEDRIVE IS a service provider and as
such will follow the terms of the Digital Millenium
Copyright Act (DMCA) WHENEVER (including, but not limited
to: copyright claims, trademark claims, patent claims,
unjust enrichment claims, breach of contract claims, trade
secret claims, etc) a third party makes a claim of
infringement. You, User, hereby specifically agree to these
terms and agree that: We are not liable for any losses of
any sort for our filing these terms. Further, You indemnify
US for any damages, losses, attorney's fees or any other
monetary or non-monetary losses due to a third parties'
claim(s) or Your actions. The DMCA requires a designated
agent available for notification by third parties. NAMEDRIVE
hereby designated the following person and the methods of
communication for that person: Legal Notices & DMCA Agent:
NameDrive General Counsel Greenberg & Lieberman, LLC Attn:
Stevan Lieberman 2141 Wisconsin Ave., Suite C2, Washington,
DC 20007 or fax to: 202-625-7001 or email: SHL@namedrive.com
NOTE to Third Parties: YOU MUST or we will take NO ACTION:
Please use at least 2 of the above notification methods and
more if you need action taken quickly. Provide a physical or
electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly
infringed. Identify the right that has been infringed. The
location on our client's site that the infringement of that
right has occurred and exactly what you want removed or
taken down. Information reasonably sufficient to permit us
to contact you, the third party. A statement that you or the
third party you represent has a good faith belief that use
of the material in the manner complained of is not
authorized by the owner, its agent, or the law. A statement
that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed. Knowing misrepresentation
of any of the above facts shall make the third party liable
for all damages to us and our client including costs and
attorney's fees. If all of the above terms have been
followed exactly then WE will: Take down, remove or disable
the complained of material. Notify our client why the
material was taken down and provide our client with a copy
of the third parties complaint. If we receive a counter
notification as described below we will send counter
notification to the third party or third party
representative; and put back up / re-enable the complained
of material between 10 to 14 business days after receipt
UNLESS: We receive notice from the third party or their
representative that an action has been filed seeking a court
order restraining the use of the complained of material.
Counter Notification: For it to be effective it must be a
written communication including: A physical or electronic
signature of the subscriber. Identification of the material
that has been removed or to which access has been disabled
and the location at which the material appeared before it
was removed or access to it was disabled. A statement under
penalty of perjury that the subscriber has a good faith
belief that the material was removed or disabled as a result
of mistake or misidentification of the material to be
removed or disabled. The subscriber's name, address, and
telephone number, and a statement that the subscriber
consents to the jurisdiction of Federal District Court for
the judicial district in which the address is located, or if
the subscriber' s address is outside of the United States,
for any judicial district in which the service provider may
be found, and that the subscriber will accept service of
process from the person who provided notification under
subsection (c)(1)(C) or an agent of such person.
We do not sell or rent any of your information. We may
however use it for our own marketing purposes. You agree
that we may use Your Information to contact you and deliver
information to you that, in some cases, is targeted to your
perceived interests, such as targeted banner advertisements,
administrative notices, product offerings, and
communications relevant to your use of the Site. By
accepting this Agreement, you expressly agree to receive
this information.
Intellectual Property. Nothing in this agreement shall
constitute the assignment of any patents, trademarks,
copyrights, trade secrets or other Int. Prop. of either
party to the other.
Severability. If any provision of this Agreement is held by
a court of competent jurisdiction to be contrary to law,
then the remaining provisions of this Agreement will remain
in full force and effect.
Waiver. No delay or omission by either party to exercise any
right or power it has under this Agreement shall impair or
be construed as a waiver of such right or power. A waiver by
any party of any breach or covenant shall not be construed
to be a waiver of any succeeding breach or any other
covenant. All waivers must be in writing and signed by the
party waiving its rights.
Arbitration. All disagreements between you and NameDrive
that cannot be settled must be arbitrated. All arbitrations
shall be limited to a single arbitrator. This single
arbitrator shall be chosen by the two parties chosen by the
parties from the roll of arbitrators licensed to provide
mediation services in DC, MD or VA. There shall be no more
then one round of discovery, all of which must be done
either in Washington, D.C. or via mail or telephone, one
round of motions and one final brief by each party with out
any responsive papers thereto. The arbitrator may convene a
hearing on the telephone if he or she wishes, but there
shall not be any face to face hearings. The arbitrator shall
have 15 days to write a reasoned opinion from which there
shall be no appeal. NameDrive shall have the right to file
for an injunction however you do not have that right and the
arbitration must follow the rules set out herein. The
arbitrator's fees shall be paid by the loser of the
arbitration as decided by the arbitrator. The arbitrator
must follow all terms listed in this agreement.
Entire Agreement. This Agreement is the entire agreement
between the parties with respect to its subject matter, and
there are no other representations, understandings or
agreements between the parties relative to such subject
matter.
Parking details
Domain Parking:
For a domain to be parked with NameDrive LLC, the domain
must be listed in the user’s account and directed to
NameDrive LLC either by URL forward or DNS change. The
forwarding URL address is
http://www.ndparking.com/domainname.com where domainname.com
is replaced by the user’s domain. The nameservers for DNS
change are: ns1.fastpark.net ns2.fastpark.net
Traffic: Traffic on domains parked with NameDrive can
originate from two sources only:
Type in (direct navigation) traffic and existing search
engine results / expired traffic.
All other types of traffic promotion including and not
limited to:
Blog sites / forums, TGP Gallerys, bought traffic (PTR/PTC),
Arbitrage traffic driven by PPC campaigns (Adwords etc.),
traffic directed from hyperlinks etc. are not permitted. If
your traffic originates from any sources other than type-in
and search engine traffic, it must first be cleared with
NameDrive LLC.
Regular checks are carried out and NameDrive LLC reserves
the right to suspend any domain from parking if the traffic
on that domain is believed to be bought, generated or
redirected in any way that contravenes these terms and
conditions. Users may periodically view their parked pages
to ensure they are correctly set up but are not permitted to
click any of the advertising links.
Domains parked with NameDrive must be displayed as delivered
by NameDrive and advertising partners. Pages may
occasionally be displayed in I-frames or with other
embellishments. However, all alterations to a parked page
must be approved BEFOREHAND by NameDrive LLC.
Traffic may not be redirected from another domain to a
domain parked on the NameDrive system. All traffic to a
domain must either be type in traffic or link traffic for
that specific domain, not redirected from another domain,
either on the NameDrive system or another domain outside the
NameDrive system.
NameDrive reserves the right to exclude domains with non-
converting traffic from the system at any time.
Clicks: Clicks made on parked pages can ONLY originate from
real, unique visitors clicking on the advertising. Clicks
can in no way be incentivized Clicks may not be generated
by asking friends, family, members of the public or anyone
else to click on the advertising links on your parked page.
Evidence of this will result in the domain immediately being
blocked and the earnings withheld. Neither traffic nor
clicks may be generated by any non-human source – e.g. bots.
Keywords: Users may select keywords and related searches for
their parked domains without prior checking by NameDrive
LLC. However, users are reminded that a keyword MUST be
relevant to the parked domain. If a user inputs false
keywords to generate higher-paid clicks, NameDrive LLC
reserves the right to block the domains, which contravene
this rule and reserves the right to block an entire account
if this is done on a persistent, account-wide basis.
NameDrive LLC wishes to maintain a fair, transparent domain
monetization platform. However click fraud and parking fraud
are not tolerated. Any major breach of these terms will
result in an account being suspended and the earnings being
withheld in persistent cases. If NameDrive believes that
there might be fraud then NameDrive reserves the right to
withhold any funds which might result from the fraud for a
period of no less then six months in order to ascertain if
there really has been such fraud.
Domains: Domains listed in a user's NameDrive account must
be the property of that user or their direct partner. Users
found to be listing other persons' domains may have their
accounts suspended and earnings withheld.
Park & Sell Park and Sell Terms and Conditions
In our standard terms we promise to not allow your
information to be seen or to be used by any entity. However
the terms of the Park and Sell require us to show your
information to potential buyers. If you agree to
participate in the Park and Sell program you hereby agree to
this rider allowing any information necessary, as decided by
ND at its sole discretion, to make the Park and Sell program
work.