Namethreads – Terms and Conditions of Service

Version 1.00
Last amended 18th Jan 2017

Namethreads.com provides an online service for searching threads in Namepros.com. Namethreads.com is not affiliated with Namepros.com

These Terms apply to the entire content of the website at Namethreads.com, and any correspondence between us. If you use the Website then you indicate that you accept these Terms regardless of whether or not you chose to register on the site. If you do not accept these terms, then please do not use the Website.

By Subscribing to the service, you agree to the following terms and conditions (the “Agreement”) governing your use of Namethread’s Service. If you are entering into this agreement on behalf of a company, then you represent that you have the authority to make purchase decisions for the company and all references to you shall refer to your company.

These terms of use are to explain and detail our obligations as a service provider and your obligations as a customer and consumer of the service. Please read them carefully.

We believe this website will evolve over time based on both user feedback and changes in technology and business environment. We reserve the right to change these terms at any time, effective upon the posting of modified terms and we will make every effort to communicate these changes to you via email or notification via the website. Although it is likely that the terms of use will not change over time, it is your obligation to ensure that you have read, understood and agree to the most recent terms available on the Website.

  1. Definitions

"Access Fee"
Means the fee (excluding any taxes and duties) payable by you in accordance with the fee schedule set out on the Website (which we may change from time to time without notice).

"Confidential Information"
Includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party.

"Data"
Means any data entered by you into the website.

"Intellectual Property Right"
means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

"Website"
means the Internet site at the domain Namethreads.com.

"You"
means you and includes your employees, contractors, consultants, representatives agents and any other business associated parties.

  1. Use of Website

Namethreads.com grants you the right to access and use the Website according to your subscription type. This right is non-exclusive and non-transferable and limited by these Terms. You may not use automated means to access the data on this website in bulk.

  1. Your Obligations

3.1 Payment obligations
An invoice for the Access Fee will be issued to the Billing Contact each month (or in the case on Annual subscriptions yearly) starting 1 month (Year) from the date you started paying for your account unless opt out is specified in the settings. We will continue invoicing you monthly (Yearly) until this Agreement is terminated in accordance with clause 8.
By signing up to a subscription with a valid payment method, you agree to provide ‘continuous payment authority’ for future payments to continue your subscription on an ongoing basis.
Termination of this subscription can be made at any time by contacting [email protected].
You are responsible for payment of all taxes and duties in addition to the Access Fee as and when applicable in your country by-laws.

3.2 General obligations
You must only use the Website for your own lawful internal business purposes, in accordance with these Terms and any notice sent or posted on the Website.

3.3 Access conditions
You will ensure that all usernames and passwords required to access the Software are kept secure and confidential. You will immediately notify us of any unauthorized use of your passwords or any other breach of security orl reset your password. As a condition of these Terms, when accessing and using the Website, you must:

  • not attempt to undermine the security or integrity of Namethread’s computing systems or networks;
  • not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the service is hosted;
  • not transmit, or input into the website, any:files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use); and
  • not modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer the Software or the Website.
  • not use, or misuse, the Website in any way which may impair the functionality of the Website, or impair the ability of any other user to use the Software or Website.

3.4 Indemnity
You indemnify Namethreads.com against all claims, costs, damage and loss arising from your breach of any of these terms or any obligation you may have to Namethreads.com, including (but not limited to) any costs relating to the recovery of any Access Fees that have not been paid by you.

  1. Confidentiality and Privacy

>4.1 Confidentiality
Unless the relevant party has the prior written consent of the other or unless required to do so by law:

  • Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
  • Each party's obligations under this clause will survive termination of these Terms.
  • The provisions of clauses 4.1.1 and 4.1.2 shall not apply to any information which:
  • is or becomes public knowledge other than by a breach of this clause;
  • is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
  • is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
  • is independently developed without access to the Confidential Information.

4.2 Privacy
Namethreads.com maintains a privacy policy that sets out the parties' obligations in respect of data. You should read that policy at http://namethreads.com/index.php/privacy/ since you will be taken to have accepted it when you accept these Terms.

  1. Intellectual Property

5.1 General
Title to, and all Intellectual Property Rights in the Website and any documentation relating to the Website remain the property of Namethreads.com.

5.2 Data
Your access to the Data is contingent on full payment of the Access Fee. Namethreads.com adheres to its best practice policies and procedures to prevent data loss, including system data back-up regime, but does not make any guarantees that there will be no loss of Data. Namethreads.com expressly excludes liability for any loss of Data no matter how caused.

  1. Warranties and Acknowledgements

6.1 Acknowledgement:

  • You are authorized to use the Website, and to access the information that you access using the Website.
  • If you are using the Website on behalf of or for the benefit of an organization (whether a body corporate or not) then Namethreads.com will assume that you have the right to do so and that organization will be liable for your actions or omissions (including any breach of these Terms).
  • The provision of, access to, and use of, the Website is on an 'as is' basis and at your own risk.
  • com does not warrant that the use of the Website will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Website, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Website. Namethreads.com is not in any way responsible for any such interference or prevention of your access or use of the Software.
  • Although the system will be updated regularly - It is your sole responsibility to determine that the Website meets the needs of your business.

6.2 No warranties
Namethreads.com gives no warranty for the Website. Without limiting the foregoing, Namethreads.com does not warrant that the Website will meet your requirements or that it will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

6.3 Consumer guarantees
You warrant and represent that you are acquiring the right to access and use the Website and agreeing to these Terms for the purposes of a business. To the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Software, the website or these Terms.

  1. Limitation of Liability

To the maximum extent permitted by law, Namethreads.com excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of Data, profits and savings) or damage resulting, directly or indirectly, from the use of, or reliance on, the Website.

If you suffer loss or damage as a result of Namethreads.com 's negligence or failure to comply with these Terms, and claim by you or your organisation against Namethreads.com arising from Namethreads.com 's negligence or failure will be limited in respect of any one incident, or series of connected incidents to the access fees paid by you in the previous one month. If you are not satisfied with the Service, your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.

  1. Termination

8.1 Free trial policy

When you sign up for the Service you have a number of days as specified on the Website in which you can evaluate Namethreads.com with no obligation to continue. Should you choose to continue using Namethreads.com, you will be billed the Access Fee.
8.2 No-fault termination

These Terms will continue for the period covered by the Access Fee paid in clause 3.1. These Terms will automatically continue for the same period unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period. Breach: If you:

  • breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
  • breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3.4 or any payment more than 30 days overdue); or
  • the paying subscriber goes into liquidation or has a receiver or manager appointed of any of its assets or becomes insolvent, or makes any arrangement with its creditors, or becomes subject to any similar insolvency event in any jurisdiction,

Namethreads.com may take any or all of the following actions, at its entire discretion:

  • Terminate these Terms and your use of the Website;
  • Suspend for any definite or indefinite period of time, your use of the Website;
  • Take either of the actions in sub-clause 4 and 5 of this clause 8(3) in respect of any other persons in your organization or who have access to your information or that of your organization.

 

8.3 Accrued Rights

Termination of these Terms is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement you will:

  • immediately cease to use the Website.
  • remain liable for any accrued charges and amounts which become due for payment before or after termination.

8.4 Monthly, Yearly payment terms

The service is billed in advance on a monthly, or yearly basis and is non-refundable. There will be no refunds or credits for partial months or years of service, upgrade/downgrade accounts, or for months / years unused with an open account.

8. 5 Expiry or termination
Clauses 3, 4, 5, 6, 7, 8, 9 and 10 survive the expiry or termination of these Terms.

  1. Helpdesk / Support

9.1 Technical Problems:
In the case of technical problems you must make all reasonable efforts to investigate and diagnose problems before contacting the Namethreads.com team. If you still need technical help, please email us at [email protected]

9.2 Service availability
Whilst we intend that the Website should be available 24 hours a day, seven days a week, it is possible that on occasion it may be unavailable to permit maintenance or other development activity to take place.

If for any reason we have to interrupt the Software for longer periods than we would normally expect, we will use reasonable endeavours to publish in advance details of such activity.

  1. General

10.1 Entire agreement
These Terms, together with the Namethreads.com Privacy Policy and the terms of any other notices or instructions given to you under these terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and Namethreads.com relating to the Software and the other matters dealt with in these Terms.

10.2 Waiver
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

10.3 Delays
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

10.4 No Assignment
You may not assign or transfer any rights to any other person without Namethreads.com's prior written consent. These Terms of Use will be governed by and construed in accordance with the laws of England , without giving effect to its conflict of law's provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the software or website will be brought solely in England, and you consent to the jurisdiction of such courts.

10.5 Severability
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

10.6 Notices
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Namethreads.com must be sent to [email protected] or to any other email address notified by email to you by Namethreads.com. Notices to you will be sent to the email address which you provided when setting up your access to the Software.

10.7 Rights of Third Parties
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.