Please read these "Terms and Conditions" carefully before using the services of this Top Web Names™ website (hereinafter referred to as "Top Web Names"). The Top Web Names website is fully controlled and operated by Steve Scott, PO Box 386, Mountain View, HI 96771 (hereinafter referred to as "Steve Scott"). By accessing and using Top Web Names, you are hereby agreeing to be legally bound by the terms and conditions of "Top Web Names" (the "Agreement").
If you do not agree with all of the following Terms And Conditions, please do not use this Top Web Names Website or services.
I, Steve Scott, reserve the right, at my sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Without limiting the foregoing, I may occasionally notify you by email about changes to the Top Web Names website or provide notices of changes by displaying notices or links to notices to you generally on the website. Please review the Terms and Conditions periodically. Your continued use of the Top Web Names website following the posting of changes and/or modifications will constitute your acceptance of the revised Terms And Conditions.
OWNERSHIP OF INTELLECTUAL PROPERTY: All software, design, text, photographs, images, illustrations, audio, video, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, trademarks, service marks, trade names, trade dress, look and feel, patentable material and other Intellectual Property (hereinafter referred to as "Intellectual Property") are the property of Steve Scott and or my subsidiaries, affiliates or assigns, licensers or other owners. Said Intellectual Property are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other applicable laws. I, Steve Scott, hereby grant you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Material for noncommercial and personal use only provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Intellectual Property to any third party, including, without limitation, the display or distribution of the Material, without the express prior written consent of me, Steve Scott. Additionally, you agree not to disassemble, de-compile, reverse engineer or otherwise modify the Intellectual Property. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable international, federal and state laws.
Any dealings with third parties, including advertisers, included within the Top Web Names web pages or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. I, Steve Scott, shall not be responsible or liable for any part of any such dealings or promotions. Links to third-party web sites from the Top Web Names website are not necessarily under my control, and I do not assume any responsibility or liability for any content, opinions or materials available at such third-party websites. I do not investigate, monitor or check for the accuracy of such third-party websites and I do not intend any such links to third-party web sites to imply sponsorship or endorsement thereof.
NO UNLAWFUL OR PROHIBITED USE: You agree to not use the Top Web Names Webite for any purpose that is unlawful or prohibited by these terms, conditions, and notices, in any manner that could damage, disable, overburden, or impair any Top Web Names website or service or interfere with any other party's use and enjoyment of same. You may not attempt to gain unauthorized access to the Top Web Names webite, other accounts, computer systems or networks connected to the Top Web Names website, through any means. You, the user, specifically agree not to: Distribute content intended to harass, abuse, threaten, impersonate any other individual or entity, and disseminate obscene, defamatory, indecent, harmful, libelous, and or unlawful material or information; Use the Top Web Names website or services for commercial purposes; Transmit or upload programs or material that contain harmful programs; Transmit or upload any material that contains software or other material that is protected by Intellectual Property laws and/or might infringe upon the rights of privacy or publicity of a third party unless you the user owns or controls the rights thereto, or has received a license, permission and/or consent thereto; Try to gain unauthorized access to the services or computers connected to the Services though password mining or other means; Interfere with another user's use and enjoyment of the website or services or any other individual's use and enjoyment of similar services.
TERMINATION POLICY: I may terminate the your access to the Top Web Names website and any services at any time, with or without cause. I, Steve Scott, shall not be liable to any user or any other party for termination of the services. All terms found herein are non-negotiable.
LIABILITY DISCLAIMER: I, Steve Scott, makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the sites for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. I hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree that I shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the site. You specifically agree that I, Steve Scott, am not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including Intellectual Property rights. You specifically agree that I, Steve Scott, am not responsible for any content sent using and/or included the Top Web Names website. The information, software, products, and services included in or available through the Top Web Names website or services may include inaccuracies or typographical errors. Changes are periodically made to the Top Web Names website or services and to the information therein. I may make improvements and/or changes in the website at any time. Advice received via the Top Web Names website should not be relied upon and you should consult an appropriate professional for specific advice tailored to your situation. In no event shall I, Steve Scott, 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 sites or services, with the delay or inability to use said site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Top Web Names website, or otherwise arising out of the use of the Top Web Names website, whether based on contract, tort, negligence, strict liability or otherwise, even if I, Steve Scott, or any of my associates, suppliers, subcontractors or employees has been advised of the possibility of damages. I, Steve Scott, make no warranties that the material on this site is legal or appropriate in any particular country. If you are dissatisfied with any of the Top Web Names website or services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Top Web Names website and/or services. Your use of the Top Web Names website is at your own risk.
TERMS OF SALE: By submitting an offer or using the "Purchase Now" or "Buy It Now" option for a domain name, you as a user of the Top Web Names website and services agree that you have checked with your local and federal authorities and are eligible to purchase the domain name. By submitting an offer or using the "Purchase Now" or "Buy It Now" option for a domain name, you specifically agree that you and/or your affiliates have no trademark, patent, copyright, trade secrets or other property rights on the domain namd that you are submitting an offer or using "Purchase Now" or "Buy It Now" option for. You specifically agree not to submit an offer, use "Purchase Now" or "Buy It Now" option or otherwise try to purchase any domain name that you and/or your affiliates believe to have any trademark, patent, copyright, trade secrets or other property rights on. As Buyer, you agree to indemnify and hold me, Steve Scott, harmless from any and all liabilities, losses, damages, cost and expenses including legal fees associated with any claim or action brought against you as Buyer for infringement of any trademark, patent, copyright, trade secret or other property based upon the sale, license or use of the domain name in accordance with this Agreement. As Buyer you agree to pay the full total price for the domain name that you have made an offer for, or used the "Purchase Now" or "Buy It Now" option for purchasing. I, Steve Scott, agree to email to you the Buyer detailed instructions, including a password and/or transfer authorization key for permanently transferring control of the domain name within 72 business hours of cleared payment from you the Buyer; or for your convenience, push/move the domain name directly into your domain name account with the registrar where the domain name is currently registered as an option chosen by you the Buyer. As Buyer, you agree to take control of the domain name within 7 days of sale, and Buyer acknowledges it is solely responsible for renewing the domain name registration with the registrar of record prior to the expiration date listed in "whois", and changing all the contact and DNS information to yours. I, Steve Scott, reserve the right to decline and/or make null and void any offer or sale, at any time with or without a cause. You, the user agree to hold me, Steve Scott, harmless from any and all liabilities, losses, damages, cost and expenses the denial of the offer or sale may cause.
ALL DOMAIN SALES ARE FINAL and subject to prior sale. No returns or exchanges in any kind are being offered.
MISCELLANEOUS:
Waiver: No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by any party of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights.
Entire Agreement. This Agreement is the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings or agreements between the parties relative to such subject matter.
Governing Law: This agreement is subject to the laws of the State of Hawaii. User agrees to waive questions of jurisdiction and venue and agrees that all disputes brought by User shall be in the courts of Hawaii County, Hawaii.