Terms of Use
Please read these Terms carefully before using this website. By using this website you have accepted these Terms of Use. If you do not accept these Terms of Use, do not use the website. NGM Services herein referred to as “Government Name Services” may modify all or any part of these Terms of Use from time to time without notice to you, you should check back often so you are aware of your current rights and responsibilities. Your continued use of this website after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of this website.
Trademarks
The trademarks, logos and service marks (“Marks”) displayed on this website are the property of Government Name Services or other third parties. You are not permitted to use these Marks without the prior written consent of Government Name Services or such third party which may own the Mark.
Copyrights
Government Name Services either owns the intellectual property rights in the HTML, text, images audio, video, software or other content that is made available on this website, or has obtained the permission of the owner of the intellectual property to make it available on this website. Government Name Services strictly prohibits the redistribution or copying of any part of this website or content on this website without written permission from Government Name Services. Government Name Services authorizes you to display on your computer, download and print pages from this website provided: (a) the copyright notice appears on all such printouts, (b) the information will not be altered, (c) the content is only used for personal, educational and non-commercial use, and (d) you do not redistribute or copy the information to any other media. Government Name Services 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 follow our TRADEMARK AND/OR COPYRIGHT INFRINGEMENT POLICY RESPECTING INTELLECTUAL PROPERTY for Making Claims of Copyright or Trademark Infringement.
Software Use
Any software (“Software”) that is made available to you to download from this website is the copyrighted work of Government Name Services and/or third parties. Your use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software (“License Agreement”). You will not use any data that is accompanied by or includes a License Agreement, unless you first agree to the terms of the License Agreement. SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Submission of Ideas
Government Name Services or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Government Name Services products or marketing strategies might seem similar to ideas submitted to Government Name Services. Please do not send your unsolicited ideas to Government Name Services or anyone at Government Name Services. If despite our request that you not send us your ideas and materials, you still send them, please understand Government Name Services makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Linking
This website contains links to other websites and resources and are provided for convenience only. Government Name Services has not reviewed the linked websites and is not responsible for the content or availability of any linked websites. The inclusion of any link to a website does not imply endorsement by Government Name Services of the website or their entities, products or services. Rules of Conduct Your use of this website is subject to all applicable local, state, provincial, national and international laws and regulations, and you agree not to violate such laws and regulations in United States and Canada. Any attempt by any person to deliberately damage this website is a violation of criminal and civil laws. Government Name Services reserves the right to seek damages from any such person to the fullest extent permitted by law. In addition, you agree not to post or transmit through this website any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law. You may not engage in any activity on this website that restricts or inhibits any other user from using or enjoying this website by “hacking”, “cracking”, “spoofing”, or defacing any portions of this website. You may not post or transmit through this website advertising or commercial solicitations; promotional materials relating to website or online services which are competitive with Government Name Services and/or this website; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents. You may not harvest or collect information about website visitors without their express written consent.
User Name
If you are a Government Name Services Network subscriber, you must select a user name and password and you agree (i) to provide Government Name Services with accurate, complete and up to date information; (ii) to update your information to keep it accurate, current and complete; (iii) comply with these Terms of Use. Failure to provide accurate information constitutes a breach of this agreement, which may result in immediate termination of your right to access this website. You may not select a user name that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar or offensive or may cause confusion. Government Name Services reserves the right to reject any user name in our sole discretion. You agree not to sell or transfer your use of or access to this website or permit anyone else whose account was suspended or terminated to use this website through your user name or password. You are responsible for maintaining the confidentiality of your password and account and for all activity that occurs on your account. You agree to immediately notify Government Name Services of any unauthorized use of your account or any other breach of security. Government Name Services will not be liable for any loss you incur as a result of someone else using your password and account with or without your permission. Monitoring Government Name Services has the right, but not the obligation, to monitor the content of this website, to determine compliance with these Terms of Use and any other operating rules established by Government Name Services. Government Name Services has the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on this website that we find to be in violation of these Terms of Use or is otherwise objectionable. You are solely responsible for any information you post, transmit or otherwise make available on this website. You acknowledge and agree, that Government Name Services does not have any liability for any action or inaction with respect to any conduct, communication or posting on this website. Rights in Content By displaying, publishing and making available for download and use by others any content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (“Content”) you give Government Name Services a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through the web site. You agree that this license includes a right for Government Name Services to make such Content available to other companies, organizations or individuals with whom Government Name Services has relationships for the provision of services, and to use such Content in connection with the provision of those services. You understand that Government Name Services may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Government Name Services to take these actions. You confirm and warrant to Government Name Services that you have all the rights, power and authority necessary to grant the above license. Global Availability Government Name Services controls this site from its Toronto, Ontario, Canada offices; other Government Name Services sites may be administered and operated from various locations inside and outside Canada. If you use this website from other locations you are responsible for compliance with applicable local laws. Government Name Services makes no representation that the products and services referenced herein are appropriate, or available, worldwide and in fact certain products and services may not be available worldwide. Export Control By using this website, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which Canada has embargoed goods. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and Canadian foreign government export controls and approvals. Government Name Services makes no claim that content contained on this website is appropriate or may be downloaded outside Canada. If you access this website from outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Indemnification Any person or corporation submitting content to this website agrees to defend, indemnify and hold National Government Marke Services and its parent, subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of such submitted content, including without limitation claims made by third parties related to any false advertising claims, liability claims for products or services sold by the person or corporation submitting such content, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided (pertaining to the submitted content), even if such content is reviewed by Government Name Services prior to publishing on the website. Disclaimer THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. Government Name Services MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THIS WEBSITE OR ANY CONTENT. Government Name Services DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Government Name Services DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH USE OF THIS WEBSITE OR ANY CONTENT. Government Name Services MAKES NO WARRANTY THAT, (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY Government Name Services AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY. Government Name Services MAKES NO WARRANTY THAT, (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY Government Name Services AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, Government Name Services IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL,CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF Government Name Services HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; ( c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS, OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
Jurisdiction
This agreement and all claims relating to the relationship between the parties are governed by the Government of Canada and the laws of the Province of Ontario, Canada without regard to choice of law provisions. If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions. If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.
TRADEMARK AND/OR COPYRIGHT INFRINGEMENT POLICY RESPECTING INTELLECTUAL PROPERTY
NGM Services (“Government Name Services”) supports the protection of intellectual property. Whether you are the holder of a trademark, service mark, or copyright, Government Name Services is committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims.
Domain Name Dispute Claims
1. Please refer to the Uniform Domain Name Dispute Resolution Policy (the “UDRP”) if you have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; this Policy specifically excludes domain name disputes.
Copyright and Trademark Claims
1. To notify Government Name Services that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint.
2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C). A. Trademark Claims 1. If you (the “Complaining Party”) would like to submit a trademark claim for violation of a mark on which the Complaining Party holds a valid, registered trademark or service mark, Government Name Services requests that the Complaining Party substantiate such claim by providing Government Name Services with the following information here. A valid, registered mark is a registration with Canadian Patent and Trademark Office or, for marks foreign to these countries, registration with the appropriate intellectual property organization of your country. State or Provincial registrations will not be considered valid registrations.
The Complaining Party should understand that Government Name Services, has registered with an ICANN accredited registrar, and its customers are bound by the UDRP. Nothing in this Policy should be construed to supersede the UDRP, nor the obligation of Government Name Services and its customers to abide by it in the context of domain name disputes. 2. In addition to the Preparation Form above, you must submit an effective notification. To be considered effective, a notification of a claimed trademark violation must be provided via email to TrademarkClaims@freshgovernmentlists.com and must include the following information: Sufficient evidence that the trademark, service mark, trade dress, name, or other indicia of origin (“mark”) that is claimed to be infringed. The jurisdiction or geographical area to which the mark applies. The name, post office address and telephone number of the owner of the mark identified above. The goods and/or services covered by or offered under the mark identified in B above. The date of first use of the mark identified above. The date of first use in interstate commerce of the mark identified above. The mark the Complaining Party believes is an infringement of its mark. The goods and/ or services covered by or offered under the mark claimed to be infringing. The precise location of the infringing mark, including electronic mail address, etc. A good faith certification, signed under penalty of perjury, stating: The mark [identify mark] infringes the rights of another party, The name of such said party, The mark [identify mark] being infringed, and That use of the mark [identify mark] claimed to be infringing at issue is not defensible.
3. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, Government Name Services will initiate an investigation. While Government Name Services is investigating the claim, Government Name Services, at its sole discretion and without any legal obligation to do so, may temporarily remove the challenged material from Government Name Services’ Marketplace or may temporarily remove or deny access to the challenged material if it is solely stored on a Government Name Services server.
4. If Government Name Services concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, permanently remove the challenged material from the Government Name Services Marketplace, if it is solely stored on a Government Name Services server. If Government Name Services concludes that the Complaining Party has not raised a legitimate claim or if it is not clear whether the Complaining Party has raised a legitimate claim, Government Name Services will restore access to the challenged material.
B. Copyright Claims
1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, Government Name Services requests that the Complaining Party substantiate such claim by providing Government Name Services with the following information via email to CopyrightClaims@freshgovernmentlists.com. The words “Copyright Claim” should appear in the subject line. A copyright claim can also be submitted by mail to: Copyright Agent, Government Name Services, 26-2808 Keele Street, Toronto, Canada, M3M 2G5. To be considered effective, a notification of a claimed copyright infringement must be provided to Government Name Services and must include the following information: An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed. Identification of the copyrighted work claimed to have been infringed. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Government Name Services to locate the material. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright 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 the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, Government Name Services will remove or disable access to the material that is claimed to be infringing.
3. If the Complaining Party provides Government Name Services with appropriate notification, pursuant to Section 1 of Copyright Claims above, including information reasonably sufficient to permit Government Name Services to locate and remove or disable the material in question, or includes information concerning repeat infringement, then Government Name Services will forward the Complaining Party’s written notification to such alleged Infringer and shall take reasonable steps promptly to notify the Infringer that it has removed or disabled access to the material.
C. Counter Notification Policy
1. Counter Notification. If you have received a notice of copyright or trademark infringement, you may provide Counter Notification by emailing CopyRightClaims@freshgovernment-lists.com or TradeMarkClaims@freshgovernmentlists.com and including the following:
An electronic signature of the Infringer. 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 Infringer 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 Infringer’s name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of Ontario Court for the judicial district of Toronto, or if the Infringer’s address is outside Toronto, for any judicial district in which Government Name Services may be found, and that the Infringer will accept service of process from the Complaining Party or an agent of such Party.
2. Upon receipt of a Counter Notification as described in Section 1 above, Government Name Services shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in 10 business days. Government Name Services will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Government Name Services first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Infringer from engaging in infringing activity relating to the material on Government Name Services’s system or network.
D.
Repeat Infringers
It is Government Name Services’ policy to seek damages, in appropriate circumstances, against the Complaining Party who repeatedly violates Government Name Services TRADEMARK AND/OR COPYRIGHT INFRINGEMENT POLICY.
Revised: 11/30/2009
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