Terms and Conditions

Nameshift General Terms and Conditions

Effective Date: October 1, 2024

These general terms and conditions ("Terms", "Terms of Use", or "User Agreement") govern the use of the Nameshift.com website (the "Website") and all services provided by Nameshift (the "Company", "we", "our", or "us"). By accessing or using the Website, you agree to comply with these Terms, any applicable policies, and all applicable laws and regulations. Please read these Terms carefully before using our services.

Contract Language: The official language of this agreement is English. Translations into other languages are for convenience only. In case of discrepancies or ambiguities, the English version shall prevail.

1. Introduction

This User Agreement outlines the terms and conditions that govern access to and use of Nameshift's services. These services are provided through the Website and include domain-related services, such as domain parking, brokerage, marketplace listings, and escrow services.

By using the Website or any services provided by Nameshift, you (the "Customer" or "User") agree to be bound by these Terms, any additional terms associated with specific services, and any policies referenced within this document. These Terms come into effect upon your first use of the Website or upon registration for our services.

Nameshift acts solely as an intermediary between buyers and sellers of domain names. We do not own or hold any rights over the domains listed on our platform. Nameshift serves as a neutral party facilitating transactions, including through escrow services, between domain buyers and sellers.

Nameshift reserves the right to withdraw or modify the services and the Website without prior notice.

2. Eligibility for Use

Nameshift’s services are available to individuals who are 18 years or older. If you are under 18, your legal guardian must provide consent for you to use the services. By creating an account, you affirm that all information you provide is accurate and that you are legally permitted to enter into this agreement.

Nameshift services are not available to users residing in countries or regions subject to international sanctions, including but not limited to North Korea, Iran, Cuba, Syria, and the Crimea region of Ukraine. We also do not allow the use of our services by individuals or entities that are prohibited by U.S. sanctions administered by the Office of Foreign Assets Control (OFAC).

3. Customer Rights and Obligations

3.1 User Account

To use our services, you must register for a user account. Each Customer is permitted to create only one (1) account. During registration, you must provide accurate and up-to-date personal information. You are responsible for keeping this information current and for all activities conducted through your account.

Nameshift reserves the right to verify your identity, and any inaccurate or incomplete information may result in account suspension or termination.

3.2 Lawful Use

You agree to use the Website and our services for lawful purposes only. The following activities are prohibited:

Engaging in illegal activities, including but not limited to fraud, phishing, or hacking.
Posting or distributing harmful, defamatory, obscene, or illegal content.
Violating intellectual property rights, including copyright, trademark, or patent laws.
Using the Website to harass, threaten, or defame others.
Engaging in spamming, unsolicited emails, or other forms of mass communication.
Participating in any activity that disrupts or interferes with the proper functioning of the Website or services.

Nameshift reserves the right to monitor and investigate any account activity. If you violate these Terms, your account may be suspended or terminated, and legal action may be taken against you.

3.3 Transactions and Responsibilities

Nameshift acts solely as an intermediary platform for domain transactions and escrow services. We are not responsible for the legality, accuracy, or ownership of any domain names listed for sale. Nameshift does not verify the content or the legal standing of the domain names offered on our platform.

Nameshift is not liable for any disputes arising over the ownership or rights to the domain names being transacted. This includes but is not limited to claims of trademark infringement or unauthorized domain sales.
Once payment is made for a domain purchase, the transaction is considered final and cannot be canceled by either party, except under extreme circumstances as determined by Nameshift.
Nameshift is not responsible for any messages, negotiations, or communications that occur between buyers and sellers using our platform.
We reserve the right to reject, remove, or terminate any user account, domain listing, or transaction at any time, for any reason, at our discretion, without prior notice.

3.4 Data Protection

We take the privacy of our Customers seriously. Personal information provided by you during registration or through the use of our services will be handled in accordance with our [Privacy Policy](link to privacy policy).

While Nameshift takes reasonable measures to protect your data, we cannot guarantee complete security for data transmitted over the internet. You are responsible for safeguarding your account credentials and are advised to use strong passwords and encryption when transmitting sensitive information.

Nameshift is acting as a escrow agent between buyer and seller, in some cases the domain is hold in custody before the transfer to the buyer, if the buyer fails to move the domain to their own account Nameshift has the right to delete the domain after a period of 10 months or buyer has to pay additional fees for the custody of the domain.

3.5 Confidentiality

Nameshift and the Customer agree to maintain the confidentiality of all confidential information shared during the course of their relationship. This includes, but is not limited to, trade secrets, business information, and any other data designated as confidential. Both parties shall take reasonable steps to prevent unauthorized access to this information and ensure that employees, contractors, or other third parties involved in the contract are also bound by confidentiality obligations.

Your account credentials (username and password) must remain confidential, and you are responsible for any actions taken under your account. You agree to notify Nameshift immediately if you become aware of any unauthorized use of your account or breach of security.

3.6 Prohibited Activities

Nameshift has a zero-tolerance policy towards spamming. Customers are strictly prohibited from using the platform to send unsolicited emails or other forms of spam. Any violation of this policy will result in immediate suspension or termination of your account.

3.7 Downtime and Data Loss

Nameshift does not guarantee continuous availability of the Website. We will not be held liable for any downtime, interruptions in service, or loss of data that may occur. You acknowledge that the use of the Website is at your own risk.

4. Fees and Payments

Unless otherwise stated, registering for an account on Nameshift is free. However, certain services may require payment of fees, which will be clearly communicated to you at the time of purchase or use.

You are responsible for paying all fees associated with the use of our services, as well as any taxes, hardware, or internet connection costs incurred during access to the Website.

Nameshift reserves the right to adjust its pricing for services at any time. Any changes to fees will be posted on the Website and will apply from the effective date specified.

5. Limitation of Liability

Nameshift provides its services and the Website on an "as-is" and "as-available" basis. We make no warranties, either express or implied, regarding the accuracy, reliability, or availability of our services.

To the fullest extent permitted by law, Nameshift disclaims all liability for any direct, indirect, incidental, or consequential damages arising from your use of the Website or services. This includes, but is not limited to, loss of profits, data, or business opportunities, even if we have been advised of the possibility of such damages.

Nameshift's total liability to any Customer shall not exceed the greater of either the total amount you have paid to Nameshift in the twelve (12) months preceding the event giving rise to the claim, or $100.

6. Intellectual Property Rights

All content on the Website, including text, images, logos, and software, is the property of Nameshift or its licensors and is protected by intellectual property laws. You may not use, reproduce, or distribute any content from the Website without prior written permission from Nameshift.

By using the Website, you grant Nameshift a non-exclusive, worldwide, royalty-free, perpetual license to use, display, and distribute any content you upload or submit to the Website, subject to our Privacy Policy.

7. Termination of Services

Nameshift reserves the right to terminate your access to the Website or its services at any time, for any reason, without prior notice. Upon termination, you will no longer have access to your account or any data stored on the Website.

You may also terminate your account at any time by contacting our support team. Upon termination, any remaining obligations under these Terms, including payment of fees and protection of confidential information, will continue to apply.

8. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Netherlands. Any disputes arising out of or relating to these Terms, the Website, or our services will be resolved in the courts of Dutch law and you consent to the exclusive jurisdiction of such courts.

9. Modifications to Terms

Nameshift reserves the right to modify these Terms at any time. Any significant changes will be communicated to you via email or through a notice on the Website. Your continued use of the Website after such changes are implemented constitutes acceptance of the revised Terms.

If you do not agree to the modified Terms, you may terminate your account and cease using the services.

10. Miscellaneous Provisions

10.1 Severability

If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue to be in full effect.

10.2 Entire Agreement

These Terms, along with any specific service agreements and policies, constitute the entire agreement between you and Nameshift. Any prior agreements, whether written or oral, are superseded by this User Agreement.

10.3 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. Nameshift reserves the right to assign or transfer its rights and obligations under this agreement without prior notice to you.

11. Contact Information

For any inquiries, support, or issues related to these Terms or the use of our services, please contact us at:

Nameshift BV Steenplaetsstraat 6 Unit 4.14

2288 Rijswijk (NL)