GENERAL CONDITIONS

1. NameAction and its affiliates (NameAction Inc., Domain Under Protection, Serviços de Internet Ltda. and any other related company), which will from now on be referred to simply as “NameAction,” in their role as intermediary for the corresponding suppliers, offer services of registration, renewal, administration among other related services related to domain names associated with Latin America, the Caribbean, the United States, Europe and Asia and in generally wherever the NIC or registrar permits the practice.

2. NameAction can receive requests for services through a variety of valid forms, whose availability may depend of the type of client:
   • Via the API
   • Through the online form at www.nameaction.com
   • By e-mail
   • By other means that NameAction deems valid
For the request to be processed it is essential that it is requested through one of these means, request through fax and other means will not be accepted.

3. Each request will need to indicate clearly the services, information from the sender and all that information that will allow to the service to be carried out correctly. NameAction will not be able to process the service if any crucial information is omitted. The correct information for the registration is exclusive responsibility of the client.  NameAction will inform the client about those countries or extensions where additional documents or information, especial requirements, etc are required.

4. If NameAction deems it appropriate, it may grant temporary lines of credit to the client, which will depend on a prior study the individual client. If credit is issued, the payment for the domain services has to be made not more than 15 days after the invoice was emitted.  No invoice will be emitted for those services which were not made because of any reason.

5. If there are domain services that because of any reason were not able to be process, the situation will be advised in a manner suiting their specific case.

6. The domains requested by clients, for them or third parties, as well as the content created or linked to their web sites is of exclusive responsibility of the requester (client).

7. If as a consequence of the registration of the domains requested by the clients, NameAction is subject to a lawsuit, trial, criticism or any similar situation, the client will be informed immediately, which as soon as possible will have to take care of the situation with their lawyers exonerating NameAction from any responsibility. If the client in a prudent time does not take any concrete actions to solve the problem, NameAction reserves the right to webforward the site to a web parking and eventually request the deletion of the domain at the corresponding NIC, furthermore use its own lawyers and/or representatives to respond the demand, trial, critic and any other similar situation, sending afterwards the invoices to the client.

8. The client accepts that each local NIC has its own rules that defer from one country to another and that NameAction has to abide by the norms established at each NIC even on the requirements as well as on the time established to complete the requested service.

9. NameAction reserves the right to update prices in their services, which will be visible in the web site www.nameaction.com.

10.  NameAction, on virtue of this contract, certifies and declares that the requester of domains is the holder of all the rights over them. NameAction compromises to fulfill any transfer request from the authorize representative.

SPECIFIC CONDITIONS

This document establishes the conditions under which the services are offered by NameAction for Registration and Management of domains and it covers any service offered through the web site or by e-mail, in general terms by any mean already established for the Internet domain names area.

Each time that a user requests any type of service or information from NameAction by any mean, it is assume that the clauses of this contract have been read and accepted completely, if you do not agree to any of the clauses you should not request a service.

The clauses of this document take precedence over any information or instruction about any particular case sent to the client or received from.

The client accepts merely by requesting a service to NameAction that he knows and gives approval to all the clauses in the contract.

The client accepts that by merely requesting a service to NameAction he is guaranteeing that he is acting on good faith and giving truthful and correct information.

NameAction may, acting unilaterally, take a domain offline in cases where the relevant judicial or administrative body orders that this be done, when there is a lawsuit filed by a separate organization and in cases where a complaint or other issue makes it appropriate to do so. The same action may be taken if legal or administrative requirements communicated by the authorities demand a response within a 12 hour period, and this response is not given. It will be up to NameAction alone to determine if the client has satisfactorily satisfied the requirement made of them. No complaints will be heard, nor will the client have a right to financial recourse as it is the responsibility of the client to ensure that they are in compliance with the requirements and norms of each country in which they register domains.

SPECIAL CONDITIONS FOR API RESELLERS

Those clients who implement NameAction’s API will be able to register through this system as well as via the website. The permissibility of reception of service requests via e-mail will be evaluated on a case by case basis. In order be able to use the API, resellers must maintain a balance in a prepaid account which will be created for them. Through this account, clients will be able to periodically review their remaining credit via this platform. If the prepaid quota does not contain sufficient funds, no service will be able to be requested via the API, as this platform deducts payment automatically from prepaid quotas.

SPECIAL CONDITIONS FOR SERVICES PROVIDED IN BRAZIL

Those clients that would like to register domains in Brazil, be it as a direct registration where the client wished to use the domain for themselves, or in the capacity of a intermediary such as a reseller, must consider the specific regulation of this country before requesting any .BR extension.

It is expressly stated that NameAction acts only as an intermediary with the aim of carrying out requests regarding domain names received from its clients. Therefore, the client is the only responsible party for the domain name, its use and contents including e-mail accounts associated with the domain and any other service that is in some way connected to the domain name registered.

By means of this document, it is expressed that NameAction is not responsible for the content, services, offers, commentary or any other information that is eventually published in the web page, nor is NameAction responsible for communications originating from mailboxes associated with the domains registered. NameAction does not have any moral nor legal responsibility for these publications.

Furthermore, NameAction is authorized to turn over any information in its possession in order to resolve lawsuits, complaints or other issues that may be levied against the company, its employees, dependents, representatives or any other entity related to NameAction.

If, in the event of some legal process concerning the domain registered arises, and NameAction’s lawyers produce a written recommendation to suspend the domain, NameAction reserves the right to take down the DNS or request to NIC.Br that the domain be eliminated. This is to be done if the situation so merits, with the client being informed of the reasons for the action as well as the steps to be taken so that the security of our reseller clients, direct clients and NameAction and its employees may not be compromised.

The client, upon signing and accepting these conditions, makes the commitment to provide any assistance necessary to NameAction and its lawyers in the resolution of any legal issue originating from the registration of the domain in a manner that frees NameAction from any responsibility. This is to be done in a timely manner and in a way that is appropriate so that NameAction may be cleared of any responsibility for the creation of content, services, offers, commentary and any other information published on the website or communicated through communications send via the mailboxes associated with the domain in question.

The client accepts that under certain circumstances, legal or other actions may be carried out related to the company’s defense against any person or formal organization of the country in which a complaint, legal requirement, lawsuit or the like is filed. This would include additional expenses for the registration, which should be paid by the client. Once the circumstances of these events become known, the client will be informed immediately of the issue as well as deadlines for responses. Even without receiving a response from the client, NameAction will be able to carry out the legal procedures associated with its defense and liberation of responsibility for the matters in question.

Furthermore, if the client does not submit a timely response and/or the lawyers representing them do not provide the necessary information in a timely manner, NameAction will be able to undertake its own legal defense which would later result in the client being billed for the domain’s defense among other expenses that may be incurred. The client must commit to paying the billed amount. NameAction will not levy any surcharges against the client, and will only bill them for the services of the company’s lawyers and representatives.

In the event that some issue, complaint, lawsuit or the like generates additional expenses, for example legal representation either in person or via document preparation, NameAction will inform the reseller in an effort to arrive at a satisfactory solution while keeping the cost at a minimum. Upon being informed of the issue, the reseller must commit to making the necessary payments to our lawyers, be it by billing their client or assuming the expense themselves. This clause applies regardless of the nature of the relationship between reseller and the client that operates the domain in question.

For the previously mentioned reasons, NameAction requests that its clients that are involved in the sale of domains to third parties demand that their clients accept a list of terms and conditions that explicitly mention the requirements that must be met and accepted in order to carry out a registration with the country, NIC or provider that furnishes the extension they wish to register. With the foreknowledge that Brazilian law requires that the party in charge of a domain provide a timely response in the event that one of the previously mentioned issues arises as well as in cases of inapt use of the domain, and that this response can cause additional related expenses, the client that makes use of the domain must commit to providing real information upon requesting the domain as well as to use the domain correctly and in accordance with all Brazilian laws and norms in order to avoid further issues that would require that information be turned over or that defense expenses be incurred.

INTELLECTUAL PROPERTY OF NAMEACTION

All the elements, images and programmed codes that are part of the web site through which our services are offered, as well as any other element sensitive to legal protection, like logos of the company, slogans, articles, etc. are of exclusive property of NameAction and can not be used in any way without the authorization of the company.

CONNECTIONS WITH OTHER AGREEMENTS

This contract complements any other existing contract with NameAction and/or its suppliers and representatives and it forces both parts to the general norms in compliance with this document.

It is expressly stated that this contract and each of the clauses mentioned within it apply NameAction Inc. as well as its subsidiaries, representatives, associates and other countries pertaining to the same group.

OBLIGATIONS AND GENERAL RIGHTS THAT STEM FROM THE CONTRACT

The acceptance of this contract implies at the same time the acceptance of all the norms that regulate the registration, renewal, modification, transfer and any other type of services of domain names in each country that it is registered. Agreement to the contract also implies that the client accepts any and all policy changes that may be made in the countries in which domains have been registered. The client accepts that the conditions of this contract may vary according to the most up-to-date laws of the country in which domains are registered.

It is expressly stated that NameAction acts only in the capacity of intermediary with the purpose of carrying out clients’ requests relating to domain names, and for this reason is not responsible for any flaw, issue, technical error or the like involving the domains that NameAction registers and administers for its clients.

It does not have nor it will have jurisdictional faculties nor other prerogatives nor obligation other than the Regulations expressed here.

NameAction compromises to register and renew the domains that are requested on a diligent and timely as long as the domain:
   • Is available
   • The regulation of the country allows it
   • There is no technical or other type of obstacle that does not allow the service
   • The domain requested is not offensive
   • It does not injure intellectual property or the trademarks rights of a third party
   • It does not infringe on the law of regulation relevant to the country in which the domain is to be registered
   • It does not infringe on the regulation or restrictions of the NIC or registrar
   • The client has given all the information and documents necessary to process the request
   • The client has given correct and on time information, under the periods established
   • The client has payments up to date with NameAction, not presenting any pending payments

NameAction is not responsible to make services that have not been expressly requested by the client.

NameAction reserves the right, in its sole discretion, to decline any request for registration if it considers that it violates the rights of a third party on a trademark field or intellectual property, it is evidently offending a third party, it goes against the law and moral, goes against our own company or goes against the Policies of a particular NIC.

The client is the only responsible party; NameAction has no relation or responsibility to the contents linked directly or indirectly to the domains registered, of the contents of its web site, or the contents of the e-mails generated from the domain name.

NameAction can not assume responsibility of errors caused by companies related with the registration or renewal of the domain. These errors are informed in a timely manner to the client.

NAMEACTION´S WARRANTIES

Neither NameAction nor any other person associated to the registration gives any warranty other than those given to the service(s) according to this present document to fulfill the requirements for the service.

NameAction can not guarantee that all the requests made by the requester will be feasible to carry out; it will depend on the announcement on the third paragraph of “OBLIGATIONS AND GENERAL RIGHTS THAT STEM FROM THE CONTRACT”.

NameAction will not be responsible for the unauthorized access to the information of the Registrant, kept in its system, its lost or corruption.

The client that has requested a service to NameAction renounces its right to initiate any complaint, lawsuit or request for financial recourse against the company, who will give all of its technological and human effort to carry out to the best of its capabilities all the requests made by the client, according to the policies of each provider.

The client understands and accepts that any material and/or downloaded information – or obtained by other methods - upon using our services, are done under its exclusive responsibility and risk, and it will be the only responsible party for any damage to its computer system or lost of information that may result of the download of the mentioned material and/or data.

INFORMATION SENT BY THE CLIENT

The client commits to sending all the required information for Registration, Renewal, Modification and any other service, in a correct, truthful and timely manner assuming all the responsibility in relation to the accuracy and time of the information provided during the time agreed for the correct performance of the requested service.

Any type of mistake produced in the service of registration, renewal, modification, transfer or any other service to a domain, from the reception of incorrect information, inaccurate or out of time from the client, will be entirely the responsibility of the client.

If the client does not send the information requested up to date or gives incorrect or incomplete information, NameAction reserves the right to suspend the service until the client corrects itself or the information accordingly. Once the client sends the requested information the service will reopen if the conditions apply.

The client is the only responsible party for updating the information related to its account and domain names.

The client understands and accepts that any change of information given originally from their part may affect the services made under its name by NameAction, therefore it is necessary to inform immediately of any change so that the services are up to date if the conditions apply, on the contrary the client will assume all responsibility and consequences derived from the information that is not updated.

NameAction will activate a user name and password that will allow the client to request services through the web site of the company, www.nameaction.com. The client accepts that this user name and password is the only valid way of identifying the client and request services online at the web site of NameAction. All the activity made through this user name and password is binding and the client assumes exclusive responsibility over its acts, and also of the payments made through these requests.

NameAction will activate a username and password that will allow the client to request services through the API, should all relevant criteria be met. Once the client has successfully accessed the API and requested services by this means, NameAction may assume that the services were requested by the client and proceed to carry out the transaction.

The client accepts that all information and/or registrations entered to the system of NameAction can be required and eventually turned over in the event that this has been requested and NameAction considers it prudent to do so. Information may be turned over when a competent authority requests them for the effect of any investigation – in the countries where the registration of the domain name takes place.

The amount paid to NameAction for a service, will not be refunded because of errors or omission in the request, unless internally we confirm the NIC can give us a refund of the paid amount and that there was no spending in the request of the service.

DOMAIN AVAILABILITY

The client understands and accepts that NameAction may not register one or more of the requested domains when those are not available, in these cases NameAction will only return the amount of the corresponding domains that were not registered. In the event that a refund is to be issued, this will be done via bank transfer with the client being charged for all transaction fees associated, or alternatively by creating a credit for the client to be used on future services from NameAction.

The client understands and accepts that NameAction may not register one or more of the requested domains because they have been labeled as premium by the corresponding NIC or Registrar, in this cases NameAction will communicate the special price of the domain to the client in order to carry out the service.

NameAction also commits to return the paid amount (under the same conditions as detailed above) when a domain cannot be registered for one of the following reasons:
   • The country’s regulation does not permit the registration
   • There is some technical or other type of obstacle that prevents the service from being carried out
   • The requested domain can be considered offensive
   • The requested domain infringes on the intellectual property or trademark rights of a third party
   • The requested domain infringes upon the regulation and prohibited activities established by the relevant NIC or registrar
   • The client does not provide the information and/or documentation required to process their request
   • The information provided by the client is either deficient or does not comply with the stipulated deadlines
   • The client’s account with NameAction is past due
   • The domain requested is in conflict with the law or common moral principles
   • The domain requested compromised the integrity of NameAction
   • Any other case that NameAction deems worthy of denial, in which case the client would be informed

NameAction cannot be held responsible about the functioning of the Whois and/or availability systems of different NICs and registrars with which it works, which not always work correctly or eventually are not available.

NameAction can not be responsible for incorrect information or not updated that a NIC, Registrar or company has given for the WHOIS service.

OBLIGATION AND COMMITMENT OF THE CLIENT

The client accepts exclusive responsibility of the domain and the requested services.

NameAction may carry out the described functions in the present Regulations either on its own or by authorized third parties.

The client, when requesting a service, compromises to accept the costs associated to the service which will be deducted from a prepaid quota or paid either by credit card or in deferred payment by an invoice.

The client compromises to give all the information and documents needed while carrying the service, in the established periods.

The client compromises to pay for the requested services under the norms and established period for that specific client.

The client assumes complete responsibility for any service or product requested by him for a third party.

It will be of exclusive responsibility of the requester that its request does not go against current norms about publicity abuses, principles of loyal competition and of the commercial ethics, as also, rights acquired by third parties rightfully.

NameAction will not be responsible of verifying the authenticity of the information given by the client and will not have any responsibility for the use that the domain name is given once it is registered, either registered directly under their name, and as in those countries where by its regulations or restrictions of each NIC or Registrars the domain must be registered under the local presence of NameAction (under the company’s name). It will not be responsible either for the use given to the e-mail addresses associated to the domain names registered for its clients.

By requesting a service of domain registration, it is understood that the client understands the functioning of the Internet, and also the significance of the terms and words utilized in the service and knows the characters allowed in a domain name according to the requested extension, not making NameAction responsible for the rejection of the domain name by any provider. The client accepts, subscribes and commits expressively to comply with the norms contain in the present document including the Agreements entered by NameAction with providers and/or correspondents, without any reservations.

Our company is not responsible for modifications or changes made through the NIC by the client, registrant or any third party. We do not take responsibility for the effects that such changes may have on future service requests submitted to NameAction.

It should be mentioned that, for extensions where the service provider does not charge for the service of modification, our client will in turn not be charged for these services. It is recommendable that all modifications be requested through our website or API, regardless of the extension. Requesting modifications directly through the NIC is a discouraged practice.

In the event that the client has a reason to request services such as modification directly through the NIC (especially DNS changes), it is essential that the information on file for the domain be thoroughly reviewed before requesting that NameAction perform future services on that domain. This information can be found by accessing your account on our website or through API.

If the client notices that some piece of information is not accurate in their NameAction account, the modification submitted to our company must specify all of the changes necessary in order to bring the domain’s file up to date. Otherwise, there can be inconsistencies between the true information and that on file which can lead to out-of-date information being sent to the NICs and the corresponding modifications being formally processed.

Currently, the majority of the service providers (NICs) that we use operate using automated systems such as API or EPP. In these cases, if a third party has modified an item that is not reflected in our date base, this too can lead to out-of-date information being sent to the NICs.

Following are a pair of examples which serve to demonstrate the seriousness of this issue. For COM.BR domains, the NIC uses the servers on file in our database by default whenever any modification is requested. If these are inconsistent with the servers on file with the NIC, the DNS will revert to those reflected in NameAction’s database.

With .CL domains, the client can change registration information and request services directly though the NIC. These changes can affect our ability to correctly administrate the domain and can even alter the domain’s expiration date, making it different from that reflected in our data base. Our company can not necessarily control the domain after such a change is made.

It is highly recommended that all reseller clients inform their clients of this situation and add these terms to their reseller agreements.

The client accepts responsibility to indemnify, defend, not to damage and liberate NameAction and any of its contractors, agents, employees, directors, shareholders, affiliates and laborers of all responsibility, demand, damage, expenses and costs, including fees and reasonable lawyers expenses that have relation or come from (a) the present Contract or the failure of its guarantees, representations and obligations in virtue of this Contract, (b) the services of NameAction or the use of its services, including and without any limitation of violation or annulment from the clients part or others that use our services from your computer, (c) any intellectual property or other rights of property of any person or entity, (d) the violation of any of our norms and policies of operations related to the services supplied, (e) any information given to NameAction, including, without limitation, any representation inappropriate of its application, if corresponds.

The client accepts that in certain circumstances – if necessary – NameAction will take care of legal actions or of representation for its defends before a person and/or formal organization of a country that presents a complaint, legal requirement, demand or similar, that may involve additional costs aside from registration costs, these will need to be paid by the client. Once NameAction knows about any of these circumstances the client will be advised immediately, indicating the contingency and the time frame for a response and even without confirmation from the client, NameAction will be able to perform legal actions and of necessary representation to safeguard before the person and/or organization that presented a demand, complaint, etc.

Furthermore, if the client does not submit a timely response and/or the lawyers representing them do not provide the necessary information in a timely manner, NameAction will be able to undertake its own legal defense which would later result in the client being billed for the domain’s defense among other expenses that may be incurred. The client must commit to paying the billed amount. NameAction will not levy any surcharges against the client, and will only bill them for the services of the company’s lawyers and representatives.

In the event that some issue, complaint, lawsuit or the like generates additional expenses, for example legal representation either in person or via document preparation, NameAction will inform the reseller in an effort to arrive at a satisfactory solution while keeping the cost at a minimum. Upon being informed of the issue, the reseller must commit to making the necessary payments to our lawyers, be it by billing their client or assuming the expense themselves. This clause applies regardless of the nature of the relationship between reseller and the client that operates the domain in question.

The client accepts that all information provided for the requested service, can be given by a formal requirement to - a natural person, administrative or judicial authority where the service is given - that feels affected by the registration and/or use of the domain name, the content of its web site and/or the contents of communication sent by e-mail addresses related to domains registered by NameAction and the client also liberates NameAction from any responsibility, its workers and advisors, for its obligations, responsibility and other acts or doings that oblige the requester, renounce and expressed before hand to any legal action.

DOMAIN CONFLICT

The client acknowledges and agrees that domain conflict are governed by the Uniform Domain Name Dispute Resolution Policy (UDRP) or current policies of the corresponding Registry or NIC.

NameAction may advise the client before any .CL domain dispute or any other extension that allows this type of disputes, but in no case it will act as arbitrator.

The client understands and accepts that because of NIC Chile’s policies, any domain .CL registered by NameAction, with or without its local presence, can be object to opposition, arbitration and/or revocation and it’s the client’s responsibility to verify that the requested domain does not go into conflict with names, trademarks or marketing phrases of other companies or institutions.

COMMUNICATIONS AND NOTIFICATIONS TO THE CLIENT

As general norm the communications will be through e-mail unless the circumstances oblige to use other means of communication.

Notifications will be sent by e-mail using the information given by the client. NameAction’s responsibility is limited to sending the corresponding notification and does not assume responsibility in the failing of systems, equipment, software, or external connections.

It is of exclusive responsibility of the client to keep the information updated and their e-mail addresses functioning and also being alert for any notification sent.

The client assumes all responsibility in relation to any failing in the service that has contracted from external companies from NameAction like e-mail addresses, hosting or others.

RESPONSE TERMS

In case there are services that require a particular step from the client, like sending documents, confirming renewal or others, the client will be informed the time frame they have to reply to the requirement. If the maximum time frame has passed and no response has been received, NameAction will understand that the client does not have interest to continue with the service and it will be deleted from the system, informing the client about this termination. In this case the client will assume all the consequences derived from not carrying the service. 

The delays and errors derived from carrying a service requested to NameAction, in situation of force majeure like natural disasters, a terrorist attack, wars and mayor interruptions to the Internet services, electricity, will not be imputable to NameAction.

Since the systems of message transmission in Internet at subject to fortuitous and unpredictable delays, it will be exclusively NameAction who determines the day and time of the reception of the request. Once the request has been received by the company it will be carried out within the shortest time it is technically possible.

ABOUT PRICES

The client understands and accepts that prices associated to a service can change from time to time depending on the market, local currency variations, etc.

The current table of prices will be published in the web site of the company, and it may also be confirmed if the client wants with their domain officer or by visiting their account page on our website.

NameAction will have faculty to charge the client the cost for registration, renewal, modification, elimination, management or other services related to the domain name depending on each provider that NameAction works with.

It is the client’s obligation to check the prices published on NameAction’s web site in order to verify the prices for each service since this is the system used by NameAction to inform the clients about prices.

The valid prices are those shown on the web site at the time when the service is requested, even when the client has other previous information or obtained by other communication channels.

If by a typo error the client is informed a term/price incorrectly that is detrimental, the client will inform NameAction immediately to correct the error and refund any amount that was paid in excess. On the inverse situation, where the client paid less by a typo error that is detrimental to NameAction, the client will also have to correct the error making the payment of the difference under the principle of good faith.

NameAction will provide mechanisms of payment so that the client can pay the corresponding difference. The impossibility of sending the invoice does not relieves the client of fulfilling its obligation, otherwise, can request his domain officer for a copy of the document and/or obtain from the web site a duplicate of the charge and the details.

PAYMENTS

The payment will have to be made in the time frame stipulated on the invoice.

NameAction reserves the right to cancel and/or delete a registration if the payment was made by fraudulent means, was not paid in full or not made as all, as well as if the payment has been reversed.

NameAction reserves the right to delete those requests that were not paid in the stipulated time, as also making the necessary charges because of a non-timely payment.

UPDATES OF USER AGREEMENT

The clauses of this contract are subject to change, which can arise due to the NIC implementing new policies or prices, among other significant changes in the industry. In the event that one or more clauses must be changed, those clients that have signed a previous version of the agreement will be notified promptly. In the absence of an explicit request to exit the agreement with name action, it will be assumed that the client accepts the changes specified.

SERVICE OF PHONETIC SURVEILLANCE FOR .CL DOMAINS

The phonetic surveillance service will be given by NameAction with a capacitated team and with the best technological tools to minimize errors and omissions.

If this service contains errors or omissions derived from the available information of the NIC or the handling of information, the client releases NameAction from all responsibility for these errors or omissions renouncing to any legal action of indemnity or similar.

The similarity notifications that NameAction sends for .CL extensions act only as prevention and informative and depends on the client to take or not any actions.