TERMS & CONDITIONS
Welcome to www.serpnames.com (the “Site”). The Site is comprised of various web pages, services and/or products operated and/or sold by SERPNAMES LLC (“Company” or “we”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such terms. By visiting the Site and/or engaging the services and/or purchasing the products of Company, you, the User, engage in our “Services” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.
Please read these terms carefully, and keep a copy of them for your reference. If you do not agree to all the Terms, then you may not access the Site or use any services offered by Company. Company reserves the right to update, change and/or replace any part of these Terms by posting updates and/or changes on the Site. Use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of such changes.
ELECTRONIC COMMUNICATIONS. Visiting the Site or sending emails to Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
The Site may include certain features or services that are available via your mobile phone (the “Mobile Services”). You may have the option to provide your mobile number in the registration process as part of your contact information. By using the Mobile Services of Company by providing your mobile number as a contact point, you agree that Independent may communicate with you by short message service (“SMS”), multimedia messaging service (“MMS”), text message and/or any other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Company. You understand that your carrier’s normal messaging, data and other rates and fees will apply to these Mobile Services and other communications, and you should check with your carrier to find out what plans are available and how much they cost.
CHILDREN UNDER THIRTEEN. Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under the age of eighteen (18), you may use the Site only with permission of a parent or guardian.
LINKS TO THIRD-PARTY SITES AND/OR THIRD-PARTY SERVICES. The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Company may share such information and data with any third party with whom Company has a contractual relationship to provide the requested product, service and/or functionality on behalf of the Site’s users and customers.
ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION. Company is not responsible if information on the Site is not accurate, complete and/or current. Any and all material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on the Site is at the user’s own risk.
MODIFICATIONS TO COMPANY’S SERVICES AND/OR PRICES. Prices for our services are subject to change without notice. Company reserves the right at any time to modify and/or discontinue the services it offers (or any part or content thereof) without notice at any time. Company shall not be liable to any users of the Site for any modification, price change, suspension and/or discontinuance of the services it offers.
COMPANY’S SERVICES. Company sells expired domain names. Company shall list such domain names on the Site for purchase. When a purchaser purchases a domain name from Company, transfer of ownerships rights to any such domain name shall only be completed once Company has received full payment for the purchase.
Company reserves the right to limit the rendering of its services to any person, geographic region and/or jurisdiction. Company may exercise this right on a case-by-case basis. All descriptions of services or services pricing on the Site is subject to change at any time without notice at the sole discretion of Company. Company does not warrant that the quality of its services and/or information obtained by a user of the Site will meet the user’s expectations or that any errors in the services offered by Company will be corrected.
User is solely responsible for creating and implementing User’s own decisions, choices, actions and results arising out of or resulting from the User’s use of the Site, services and/or products of Company. As such, User agrees that Company is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by Company, the Site and/or products of Company.
REFUND/RETURN POLICY. ALL SALES ARE FINAL. A purchaser may only request a refund if within three (3) days, the purchaser requests such a refund from Company via email at: [email protected], due to the fact that the domain name has a manual action penalty in Google’s search console or active trademark. If the foregoing applies and purchaser requests a refund, Company shall refund purchaser the amount of the purchase or credits in the purchaser’s virtual balance at the selection of the purchaser. Before Company refunds any payments, purchaser shall be required to wholly transfer back the domain name to Company.
AFFILIATE SALES PROGRAM. Every registered account on Company’s Site will be automatically entered into Company’s Affiliate Program (individually an “Affiliate Account”) and provided with an Affiliate Link to be used at the discretion of the registered account. Each Affiliate Account shall receive a ten percent (10%) commission payment (the “Commission Payment”) on all finalized sales transacted through the Affiliate Account’s Affiliate Link in which a finalized sale is procured via the Affiliate Link within thirty (30) days of the customer (1) used the Affiliate Link and (2) made a finalized sale in accordance with the terms herein. The Commission Payment shall only be paid on sales of domain names and NOT on registrations. Sales from individuals or entities that are already registered members or former customers of Company shall not be considered sales for which a Commission Payment shall be paid. All such Commission Payments shall be remitted to the applicable Affiliate Account within three (3) days of Company receiving full payment from the referred customer and such virtual credits shall be added to the Affiliate Account which can then be used to purchase more domain names. The Commission Payment will NOT be paid in currency of any kind but in virtual credits. If the domain name for which the Affiliate Account is receiving a Commission Payment is returned to Company for any reason, the applicable Commission Payment will be cancelled by Company. Company may cancel any Commission Payment that has been paid or is owing to an Affiliate Account, if Company, in its sole discretion, detects any fraud or deception on the part of the Affiliate Account and/or the referred customer.
USER CONTENT. In accessing the Site, you may provide and/or post content (“User Content”) and/or share it with other users. Subject to any licenses and rights expressly granted herein, any User Content posted by you, is owned by you.
You are solely responsible for any User Content you post, publish, display or transmit to others. We may, but are not obligated to, monitor or review any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, violates these Terms.
By uploading User Content, you grant to Company, and represent and warrant that you have all rights and authority necessary to grant, a royalty-free, perpetual, irrevocable, and unrestricted right and worldwide license (i) to use, reproduce, display, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to others such User Content, and/or to incorporate it in other works in any form, media, or technology. You also agree that Company is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose. Do not send Company any ideas, suggestions and/or any other content that you wish to keep confidential or for which you expect to receive compensation.
ACCURACY OF BILLING INFORMATION. Any and all users of the Site agree to provide current, complete and accurate payment information. Any and all users of the Site agree to promptly update their payment information, including, but not limited to, their email address and/or credit card numbers (if applicable) and expiration dates so Company may complete transactions and contact users as needed.
PAYMENT & BILLING TERMS. All prices are quoted in the denomination stated. To make a purchase, you must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Company with your credit card number and associated payment information, you hereby authorize Company immediately charge your credit card for all fees and charges due and payable to Company hereunder or credit your credit card for any refunds owed and that no additional notice or consent is required. You agree to immediately notify Company of any change in your billing address or the credit card used for payment hereunder. Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Site or by e-mail delivery to you.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Company and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Company content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Company or our licensors except as expressly authorized by these Terms.
INTERNATIONAL USERS. The Site is controlled, operated and administered by Company from our offices within the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Company content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
INDEMNIFICATION. You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.
CLASS ACTION WAIVER. Any arbitration and/or legal proceeding under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each's individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Company agree otherwise, the arbitrator and/or judge may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
LIABILITY DISCLAIMER. The information and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Company may make improvements and/or changes in the site at any time.
Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information and/or services for any purpose. To the maximum extent permitted by applicable law, all such information, products and services are provided "as is" without warranty or condition of any kind. Company hereby disclaims all warranties and conditions with regard to this information and services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Company 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 Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information and services obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Company has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site. Company’s total liability in connection with these Terms shall be limited to the amount of actual fees paid by a user to Company in the before any such claim arose.
TERMINATION/ACCESS RESTRICTION. Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
GOVERNING LAW & VENUE. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Wyoming and you hereby consent to the exclusive jurisdiction and venue of courts in the State of Wyoming in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
MISCELLANEOUS PROVISIONS. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms or use of the Site. Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS. Company reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of our updates.
CONTACT US. Company welcomes your questions or comments regarding these Terms and Conditions. If you believe that Company has not adhered to these Terms and Conditions, please contact Company at: [email protected].
Effective as of 9 July 2022.
YOUR ACCESS TO & CONTROL OVER INFORMATION. You may opt out of any future contacts from us at any time in writing. You can opt out at any time by contacting us at the address provided below.
COLLECTION OF YOUR PERSONAL INFORMATION. In order to better provide you with the services offered on our Site and by Company, Company may collect personally identifiable information, such as your name, email address, postal address, phone number, gender, birthdate and service preferences, through features or functions on our Site such as our service order and payment processes, email subscriptions, create an account or participate in marketing surveys, promotions or events. We also collect personal information when you contact us through the Site or when you interact with us through other communication resources such as direct emails.
SHARING INFORMATION WITH THIRD PARTIES. Company does not sell, rent or lease its client lists to any third-party individuals and/or entities. Company may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to the third-party. Company may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, utilize payment processing services and/or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Company, and they are required to maintain the confidentiality of your information.
Company may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Company and/or the Site; (b) protect and defend the rights or property of Company; and/or (c) act under exigent circumstances to protect the personal safety of users of Company or the public.
You hereby release, discharge and forever acquit Company, its directors, officers, owners, employees, volunteers, independent contractors, agents, assigns, successors and consultants associated with Company from any and all liability, claims, demands, actions and causes of action whatsoever, arising out of or related to any economic or property loss, damage or injury that may be sustained by You through Company’s use of any third-party payment processor services of any kind.
TRACKING USER BEHAVIOR. Company may keep track of the websites and pages our users visit within the Site, in order to determine what Company’s services are the most popular. This data is used to deliver customized content and advertising within the Site to clients whose behavior indicates that they are interested in a particular subject area.
DATA RETENTION. When a user utilizes the services of Company, Company will maintain the user’s contact information and servicing information for its records unless and until the user asks Company to delete such information.
AUTOMATICALLY COLLECTED INFORMATION. Information about your computer hardware and software may be automatically collected by Company. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Site.
Within our Site, we and our partners, affiliates, and/or analytics or service providers use technologies such as cookies, beacons, tags and scripts to analyze trends, administer the Site, track visitors’ movements around the Site and to gather demographic information about our visitor base as a whole. We may receive reports based on the use of these technologies by these companies on an individual or aggregated basis.
As is true of most websites, we gather certain information automatically and store it in log files. This information may include Internet protocol (“IP”) addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp and/or clickstream data. We use this information gathered about you from our Site to help personalize search results, diagnose problems with our server, and to administer our Site. We also gather broad demographic information from this data to help us improve our Site and make your browsing and purchasing experience more enjoyable. This is not linked to any personally identifiable information, except as necessary to prevent fraud or abuse on our system.
LINKS. This Site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of any other site that collects personally identifiable information.
SECURITY OF YOUR PERSONAL INFORMATION. Company takes precautions to protect your information. When you submit sensitive information via the Site, your information is protected both online and offline. Whenever we collect sensitive information (such as credit card data), it is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment and are password encrypted.
CHILDREN UNDER THIRTEEN (13) YEARS OF AGE. Company does not knowingly collect personally identifiable information from children under the age of thirteen (13). If you are under the age of thirteen (13), you must ask your parent or guardian for permission to use the Site.
OPT-OUT & UNSUBSCRIBE FROM THIRD PARTY COMMUNICATIONS. We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from third-party partners of Company by contacting us on the Site or via email at: [email protected].
PRINCIPLES OF GENERAL DATA PROTECTION REGULATION (“GDPR”). In accordance with Article 5 of the GDPR, your personal data under our watch shall be: (a) processed lawfully, fairly and in a transparent manner in relation to the data subject; (b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; (c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed; (d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay; (e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; we shall review our data every year, and erase information that is no longer necessary; and (f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.
Under the GDPR, you have the following specific rights: (a) the right of access; (b) the right to rectification; (c) the right to erasure; (d) the right to restrict data; (e) the right to object; (f) the right to data portability; and (g) the right to complain to Company’s internal compliance officer. If you want to exercise any of these rights, please don’t hesitate to contact us at our contact page.
If a breach of security occurs which leads to an unauthorized modification, deletion, disclosure, or modification of access with respect to personal data, we shall assess the risk, and if appropriate, we shall report the same.
CALIFORNIA RESIDENTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT (“CCPA”).
California residents may request the following information from Company, for the twelve (12) month period preceding request: (1) the categories of personal information that Company collects, uses, discloses and sells (if applicable); (2) the categories of sources from which personal information was collected by Company; (3) Company’s business or commercial purpose for collecting and/or selling (if applicable) personal information; (4) the categories of third parties with whom Company shares personal information; and (4) the specific pieces of personal information that Company has collected about you.
California residents may request that Company delete your personal information (and request our service providers do the same). Please note that deletion requests are subject to certain limitations, for example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests.
Company will aim to complete all CCPA requests as soon as reasonably practicable and consistent with applicable law.
E-MAIL COMMUNICATIONS. From time to time, Company may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our customer offerings, we may receive a notification when you open an email from Company or click on a link therein. If you would like to stop receiving marketing or promotional communications via email from Company, you may opt out of such communications by clicking on the UNSUBSCRIBE button.
EFFECTIVE AS OF 9 July 2022.
Welcome to the SerpNames Affiliate Program! By participating in our program, you agree to the following terms:
Commission: Affiliates earn a commission on sales made through their unique affiliate links. Commissions are attributed automatically to your account at the time of the sale.
Payment Terms: Payments are issued on the 1st of every month via PayPal or wire transfer. Detailed payment guidelines, including the minimum payout threshold, will be communicated separately.
Cookie Duration: Our program uses lifetime cookies. This ensures that if a customer visits SerpNames through your link and purchases at any time in the future, you will earn a commission.
Fraud Prevention: We reserve the right to review affiliate activities and cancel or withhold commissions in cases of fraud or terms violation.
Promotional Activities: Affiliates should promote SerpNames ethically and legally. Any inappropriate methods will result in termination and forfeiture of commissions.
Intellectual Property: Affiliates can use SerpNames branding and materials as provided. Misuse or alteration of our brand or intellectual property is not allowed.
Termination: Either party may terminate the affiliate agreement at any time. Upon termination, outstanding commissions will be paid out in the next payment cycle, barring disputes.
Changes to Terms: We reserve the right to modify these terms. Significant changes will be communicated to affiliates.
For any questions or support related to the affiliate program, please contact us at [email protected].
By joining our program, you acknowledge and agree to these terms and conditions.