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.
Notices:
If you wish to contact us for legal purposes. Please mail to
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
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.
New 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 including bought traffic, traffic driven by PPC campaigns, traffic directed from
hyperlinks 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.
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 fraud will result in an
entire account being blocked and may result in earnings being withheld in persistent cases. If
NameDrive believes that there might be fraud then Name Drive reserves the right to with hold
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.
Park & Sell
Park and Sell Rider to 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.