DRAFT TERMS AND CONDITIONS

.Surname, a business devision of Trenoma Limited, provides this website located at www.surname.biz and related domain names to your compliance with the terms and conditions set forth below. Please read these terms and conditions carefully because they constitute a legally binding contract between you and .Surname and govern your use of this website and .Surnames services.

In an effort to comply with the Children's Online Privacy Protection Act, .Surname will not knowingly collect personally identifying information from children under the age of 13.

Address and Contact Information
.Surname is business devision of Trenoma Limited, an England and Wales registered company. .Surname's business address is: 69 Great Hampton Street, Birmingham, West Midlands, B18 6EW, United Kingdom. You may send email to info(at)surname.biz.
Services Provided by .Surname
.Surname provides a domain name pre-registration service that enables users to pre-register domain names with new surname domain name extensions (Top-Level-Domains = TLDs). .Surname generally sells domain names for the domain name extensions that it has invented and released on a first-come, first-served basis level. However, owners of other intellectual property other than surnames will have the possibility of pre-registrations as well. Although .Surname will attempt to accommodate your request for a particular domain name, .Surname does not guarantee that you will receive the name you have requested or that you will have the legal right to use any domain name you register. For more information about registering domain names, review .Surname's registration agreement. .Surname does not claim to own the interllectual property in any domain name pre-registered with .Surname, .Surname provides pre-registrations services as a registry provider.
Acceptance of Terms and Conditions, Agreement
Please read these terms and conditions and our privacy policy carefully before using the website or the services. These terms and conditions represent a legal agreement between you (either an individual or a single entity), as an end user, and .Surname. By using the website or the services, you agree to be bound by all of the terms and conditions stated in these terms and conditions and to comply with our privacy policy. If you do not wish to be bound by the conditions of these terms and conditions, you may not access or use the website or the services. .Surname may revise these terms and conditions or the privacy policy at any time without notice and such modifications shall be deemed effective immediately upon posting of the modified terms and conditions or privacy policy, as the case may be. You agree to review these terms and conditions and the privacy policy periodically to be aware of such modifications and your continued access or use of the website or the services shall be deemed conclusive acceptance by you of the modified terms and conditions or privacy policy, as the case may be. If any changes or modifications to these terms and conditions or privacy policy are unacceptable to you, you should cease using the website and/or the services.
Use of the Website; Registration Obligations
1. Certain of the services offered on the website are only accessible to registered members or users of the website. If you choose to register as a user, then, in consideration of your use of the services available to registered users, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the webite's pre-registration form (such information being referred to herein as the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if .Surname has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, .Surname has the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof). To avoid fraud pre-registrations .Surname may ask for a copy of an official document which verifies registrants identity (passport, ID, driver liscense, birth document, trademark). By registering for the website, you represent and warrant that you are at least thirteen (13) years of age and that you agree to comply with the terms and conditions of these terms and conditions and our privacy policy.
2. You will receive a password and account designation upon completing the services pre-registration process. You are responsible for maintaining the confidentiality of the password, account, and other confidential information relating to your account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify .Surname of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are responsible for any unauthorized use of your password or account or any other breach of security. .Surname cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5(b).
3. If .Surname terminates your use of the website for any reason, you may not access the website in any manner or for any reason without the express written permission of .Surname; nor will you allow any party whose use of the website has been terminated by .Surname to use your member name to access the website.
Content
1. You understand that all content, including, without limitation all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") posted to the website or otherwise made available through the website, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. To the extent possible and appropriate, information presented on the website will be supported by clear references to source data. The content comes from sources believed to be accurate but may contain inaccuracies. .Surname will try to identify the source, date and author where possible, but makes no representation about the validity of any information presented. .Surname does not guarantee the accuracy, integrity or quality of such Content. You understand and agree that by using the website you may be exposed to Content that is offensive, indecent or objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will .Surname be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the website.
2. You acknowledge that .Surname and its designees shall have the right (but not the obligation) in their sole discretion to refuse to store or transmit or to remove any Content that is posted to, transmitted over or otherwise avail able via the website. Without limiting the foregoing, .Surname and its designees shall have the right to remove any Content that violates these terms and conditions or is otherwise objectionable.
3. You acknowledge and agree that .Surname may preserve Content and also may disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these terms and conditions; (iii) respond to claims that any Content violates any third party rights; or (iv) protect the rights, property, or personal safety of .Surname, its users and the public.
Public Content that You Upload or Transmit on .Surname
To the extent that you elect to and our website allows you to post any Content for inclusion in any area of the website that is generally accessible to the public, you grant to .Surname the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
Use of Aggregate Data
.Surname may combine, in non-identifiable format, the personal information an individual provides with information from other users to create aggregate data that it may disclose to third parties. Aggregate data does not contain any information which could be used to contact or identify any individual.
Transmission of Personal Information
A user's personal information may be transmitted over third party carriers and equipment outside the control of .Surname. There is always the risk of loss, misuse or alteration by third parties or personal information. .Surname assumes no liability for or relating to the entry, delay, failure, loss, interruption or corruption of any data or other information which is transmitted for any purpose.
Use of Logo
By registering a domain name with .Surname you grant .Surname a non-exclusive licence to use your name and logo (as mentioned in the whois database) in advertising materials for the term for the purpose of promoting and marketing .Surname in any media.
Standard Privacy Policy
You agree that .Surname shall have the right to use or disclose any information collected from you or provided by you incident to your use of this website or your use of the services as set forth in the .Surname privacy policy.
No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the website, use of the services or products available on the website or access to the website.
Modifications to Website; Termination
.Surname reserves the right at any time to modify or discontinue, temporarily or permanently, the website or the services (or any part thereof) with or without notice except for modifications to the Dispute Policy, which shall be effective thirty (30) days from posting on this website. You agree that .Surname shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website or the services. .Surname may, in its sole discretion and at any time discontinue providing the website, or any part of the website or the services, at any time without prior notice and without further obligation to you.
Third Parties
You understand that .Surname may permit third party product and service providers ("Third Party Vendors") to advertise or offer their products and services on this website ("Third Party Products") or have links to their own websites ("Linked Sites") in order to facilitate the provision of Third Party Products to you. However, you acknowledge and agree that at no time is .Surname making any representation or warranty regarding any Third Party Products, nor will .Surname be liable to you or any third part y for any claims arising from or in connection with such Third Party Products. You also understand and agree that the Linked Sites are not under the control of .Surname and .Surname is not responsible for the contents of any Linked Site or any link contained in a Linked Site, or any changes or updates to such Linked Sites. .Surname is not responsible for webcasting or any other form of transmission received from any Linked Site. .Surname is providing these links to Linked Sites to you only as a convenience, and the inclusion of any link does not imply endorsement by .Surname of the Linked Site.
.Surname Proprietary Rights
You acknowledge and agree that the website, including without limitation, any content, services and software available through or used in connection with the website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the website or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by .Surname or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the website or any content, services or software available through or used in connection with the website, in whole or in part.
Waiver of Claims
By accessing or using this website, you hereby and forever waive any and all claims you have now or may have in the future against .Surname relating to any infringement of the trademark rights, right of publicity or privacy, or other intellectual property rights you may have in any word or name registered as a domain name with .Surname. You hereby disclaim and waive any rights and claims you may have against .Surname with respect to Third Party Products or Linked websites, to the maximum extent permitted by law. You hereby waive any claim that the foregoing limitation of liability deprives you of an adequate remedy. your sole remedy for dissatisfaction with this website and/or the services is to stop using this website and/or the services. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this website or use of the services or otherwise arising out of or related to these terms and conditions of services, must be filed within one year after such claim or cause of action first arose or such claim shall be forever barred.
Limitation of Liability
You specifically agree that .Surname shall not be liable for losses or liabilities arising in connection with your use of this website or the services, including, but not limited to loss or liability: (i) arising in connection with your use of the website, the services or other services or product you purchase or obtain from .Surname; (ii) resulting from data non-delivery, data mis-delivery or unauthorized access to transmissions or data; (iii) resulting from acts of God; (iv) resulting from the unauthorized use or misuse of your account number or password; (v) from threatening, defamatory, obscene, offensive or illegal content or conduct of any third party; (vi) arising in connection with your infringement of a third party's right, including intellectual property rights; (vii) resulting from errors, omissions or misstatements in any and all information or services provided by .Surname to you; (viii ) resulting from the development or interruption of your website; (ix) from your inability to use a domain name registered to you; ( x) that you may incur in connection with .Surname's processing of your application for the services; or (xi) resulting from the application of .Surname's Dispute Policy. Without limiting the foregoing, to the maximum extent permitted by law, .Surname shall not be liable to you or your business for any actual, direct, indirect, incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of or relating in any way to this website, the terms and conditions of services or the services, or information contained with in this website, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract, tort or other violation of rights (including, but not limited to negligence and strict product liability) and irrespective of whether you have advised .Surname of the possibility of any such loss or damage.
Indemnification
You agree to release, indemnify, defend and hold harmless .Surname, its parent, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") due to or arising out of your use of or conduct on this website or the services. Without limiting the generality of the foregoing, you specifically agree to release, indemnify, defend and hold harmless .Surname, its parent, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any Claims due to or arising out of your indication of interest, pre-registration or attempted pre-registration of any domain name in the .surname domain name extension. .Surname reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
No Warranties
The services and this website, including any content or information contained within it is provided "as is" and "as available" with no technical support or representations or warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, system integration, title and non-infringement. in particular, but without limitation, .Surname does not warrant that the services will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available is free of viruses or other harmful components. .Surname does not warrant or make any representations regarding the use or the results of the use of the materials in this website, in terms of its correctness, accuracy, timeliness, reliability or otherwise. you understand and agree that you assume total responsibility for your use of this website and the services, including, but not limited, use that results in damage to your computer or loss of data.
Confidentiality
1. .Surname Proprietary Information
  You acknowledge that the Product and any material provided by .Surname to you in connection therewith and all information relating thereto, including but not limited to the Product codes, algorithms, data entry and report screens, an d any translations, compilations, copies in whole or part and any derivative works based thereon are confidential, proprietary and trade secrets of .Surname and its affiliates or are the proprietary property of third parties for which .Surname has obtained distribution rights (".Surname Proprietary Information"). You agree to safeguard the .Surname Proprietary Information and to prevent the unauthorized, negligent or inadvertent use or disclosure thereof. You shall not, without the prior written approval of an officer of .Surname, directly or indirectly use or disclose the .Surname Proprietary Information to any person or business entity whatsoever. You shall not in any manner copy or reproduce any portion of the .Surname Proprietary Information. You shall promptly notify .Surname, in writing, of any use or disclosure of .Surname Proprietary Information in violation of this Agreement. You acknowledge that the use or disclosure of the .Surname Proprietary information in any manner inconsistent with this Agreement will cause .Surname irreparable damage. .Surname shall have the right to (i) equitable and injunctive relief to prevent such unauthorized, negligent or inadvertent use or disclosure, and (ii) recover the amount of all such damage (including attorneys' fees and expenses) to such party in connection with such use or disclosure.
2. Exceptions
  As used in this Agreement, the term ".Surname Proprietary Information" shall not include any information that is: (a) already known to the receiving party at the time of the disclosure for which the receiving party can provide proof that said information was already known; (b) publicly known (other than through the testing of the Product) at the time of the disclosure or that becomes publicly known through no wrongful act or failure of the receiving party; or (c) legally compelled to be disclosed pursuant to a subpoena, summons, order or other judicial or governmental process, provided receiving party provides prompt notice of any such subpoena, order, etc. to the other party hereto in order that such party have the opportunity to obtain a protective order.
Limited Distribution and Territorial Considerations
Unless otherwise specified, all materials and services in this website are presented for the use worldwide. .Surname controls and operates this website from the offices of Trenoma Limited, and all transactions conducted on the website are conducted worldwide.
Notices
Notices to you may be made via voice messages, email or regular mail.
Trademark Information
You acknowledge and agree that .Surname and other .Surname logos, products and service names are trademarks of Trenoma Ltd and you agree that you will not display or use the .Surname marks in any manner, without the express written permission of .Surname.
Copyrights
If you believe that the website contains material that constitutes an infringement of your copyright in any work, please provide the following information to our website manager:
1. a description of the copyrighted work that you claim is infringed;
2. a description of where the website you claim that the copyright is infringed;
3. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
4. your address, telephone number and email address;
5. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
6. a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
The .Surname website manager can be reached at webmaster(at)surname.biz.
General Provisions
1. No Relationship Created.
  You agree that no joint venture, partnership, employment, or agency relationship exists between you and .Surname as a result of the terms and conditions or your use of the services.
2. Compliance with Laws.
  .Surname's performance of the terms and conditions is subject to existing laws and legal process, and nothing contained in the terms and conditions is in derogation of .Surname's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the services or information provided to or gathered by .Surname with respect to such use.
3. Severability.
  If any part of the terms and conditions 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 terms and conditions of services shall continue in effect. If no enforceable provision can be substituted, then that provision shall be deemed severable from the terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
4. Electronic Form.
  A printed version of the terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
5. Governing Law; Jurisdiction.
  The terms and conditions shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles. You shall bring any action to enforce the terms and conditions or in connection with any matters related to this webite only in courts located in London, United Kingdom. You expressly consent to the jurisdiction of said courts. Use of the services is unauthorized in any jurisdiction that does not give effect to all provisions of the terms and conditions, including without limitation this paragraph.

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