AGREEMENT

The user agreement (hereinafter referred to as the “Agreement”) is concluded between DANESCO TRADING LIMITED, John Kennedy Iris House, 7th Fl., of.470B, 3106, Limassol, Cyprus, (hereinafter referred to as “EvoNames”) and You, i.e. personally by You as a user or the person on whose behalf You legally act (hereinafter referred to as the “User” or “You”).

The Agreement includes the main conditions for the use, and purchase of products and services provided by EvoNames, including those available for ordering on the EvoNames.com website (hereinafter referred to as the “Services” and the “Site”, respectively), regulates the legal relationship between EvoNames and You. By using Services, registering on Site, paying for Services or refusing Services, You acknowledge the obligation to comply with the Agreement.

USER PERMISSIONS

By registering on Site or ordering, using, or paying for Services, You confirm that You have reached the age of 18, or it is legally established that You have the right to accept the terms and comply with the Agreement and deposit payments.

If the above conditions are not proper, do not register on Site or do not use Services. Otherwise, EvoNames is not responsible for any adverse consequences.

If You act on behalf of another person, company, or organization, You warrant that You are an authorized representative of such person, company, or organization to use Site and Services.

In the context of the Agreement, the term “User” also means clients, end users, and persons who use Your services and resources in any form.

You also confirm that You have the necessary rights, permissions, and powers to share with EvoNames all information necessary to provide Services.

Suppose EvoNames becomes aware that You do not have the rights, permissions, or authority to act on behalf of another person, company or organization. In that case, You will be personally liable, including payment of penalties, damages, and liabilities provided for in the Agreement and applicable law.

INFORMATION

To use Site and Services, You create an account (personal webpage-account, where information about You, Services You use, and actions You take) is collected and stored.

You guarantee that You provide accurate, complete information about Yourself, Your company, organization (if applicable) following the requirements of the registration forms (registration, contact information, information for Whois) both at the registration stage and subsequently during the use of Site or Services, at the request of EvoNames.

You warrant that You will provide information about updating data about Yourself, your company, your organization (if applicable), and EvoNames, to maintain such information’s relevance, completeness, and accuracy. Updates are provided in the shortest time possible, but no later than 96 hours from the updated date.

EvoNames is not liable for any damages or losses since EvoNames relies on the authenticity, relevance, and completeness of documents and information that it considers received from You.

EvoNames reserves the right (but does not assume any obligation) to require You to verify the authenticity, completeness of documents, information or authority.

You agree to provide EvoNames with copies of identification documents or other documents, information if necessary for verification at the request of EvoNames in the shortest time possible, but no later than 72 hours.

If EvoNames, at its sole discretion, has reason to believe that accounts (or domains associated with such an account) contain false (incomplete, incorrect) information, such accounts (domains) may be blocked until reliable (complete and correct) information about the owner of the account/domain names.

EvoNames may send You requests for data or documents related to investigations by law enforcement, other authorized bodies or other legally significant procedures. You agree to provide comprehensive responses to such requests and to comply with the requirements specified in such requests. EvoNames has the right to provide information about You, Your account, domain name and information related to the provision of Services to the competent government authorities and in response to requests.

The Whois Protect service serves to hide the actual data of the domain name owner to protect the owner from unwanted mailing lists, calls, and other forms of advertising carried out against the will of the domain name owner. However, You agree not to use Whois Protect as a front for the activity that violates the Agreement or applicable law.

TERMS OF USE

You are fully legally responsible for all actions that will be legally or illegally carried out using Your account, domains by You or third parties.

You are solely responsible for maintaining the confidentiality of Your password, other information related to the security of Your account, payments, etc. EvoNames reserves the right to force password changes if necessary for security purposes.

You must immediately (within no more than 6 hours) notify EvoNames of any unauthorized or suspicious use of Your account or any other breach of security.

You agree that despite all the security measures EvoNames implements, incidents may nevertheless occur related to illegal actions of third parties, including, but not limited to, hacker attacks, viruses, and malicious software. In the event of such incidents, EvoNames will take all reasonable steps to notify You of the occurrence, and You agree that EvoNames shall not be liable for damages or losses that may occur due to such incidents.

EvoNames will use commercially reasonable efforts to provide access to Site and Services 24 hours a day, seven days a week. EvoNames reserves the right to modify, change or discontinue any aspect of Site or Service without your notice or consent. From time to time, EvoNames may offer new Services (including limiting the functionality of previously available Services or adding new features to existing Services).

You agree that from time to time, Site may be unavailable or disabled fully or partly for any reason, and EvoNames shall not be liable to You or any third party in connection therewith.

You acknowledge and agree that third parties engaged by EvoNames may provide Services.

Without the prior written consent of EvoNames, You will not resell or provide Services for commercial purposes, including technology related to EvoNames.

You acknowledge that EvoNames may periodically call or contact You in any way available to discuss Your account or all activities that are carried out using the account, Services may record conversations with You. You will be informed about such recording and its purposes.

You agree to pay promptly the fees associated with Services purchased or received on Site. All payments are non-refundable unless expressly stated otherwise by EvoNames. EvoNames reserves the right to change the pricing policy, the cost of a particular service, and the procedure for paying for it at any time, and such changes will be published on Site and will take effect immediately without prior notice and Agreement with You, unless otherwise expressly stated.

Site and Services may contain links to third-party websites beyond the control of EvoNames. EvoNames is not responsible for the Content or practices of any third-party websites. EvoNames does not review or edit the Content of third-party websites. By using Site or Services available on this Site, You release EvoNames from any and all liability (including damages and penalties payment) arising from your use of any third-party website. Accordingly, EvoNames advises You to keep this in mind when You leave Site or Services on this Site and browse third-party websites.

Using Services, You may upload, store, publish, reproduce, distribute or otherwise use information, text, photographs, videos, works, links and other Content (hereinafter referred to as the “Content”), including the Content that You use or third parties using Your website, domain.

You are solely responsible (including payment of damages) for the Content and use of the Content and any actions that are carried out concerning the Content through Your website or a web resource. You warrant to EvoNames that You have all appropriate rights to use the Content and that You will take all necessary steps to ensure that the Content is legally available on Your website, that the Content does not violate applicable law, and that its use does not violate the rights of third parties.

The User who uses the EvoNames Website or Services is solely responsible for compliance with the jurisdiction laws for which his website, web resource, goods, services, or Content is available.

You acknowledge that You are solely responsible for providing and organizing the storage of backup copies of the Content if You consider it necessary.

EvoNames does not represent and cannot guarantee that the Content complies with the requirements of all countries and jurisdictions.

As a rule, EvoNames does not check the Content or the users’ websites and is not responsible for their Content or the consequences of their use. However, You agree that EvoNames may (but is not obligated to) periodically check (if possible) and take appropriate action in case of any indication of a violation of the Agreement or applicable law.

EvoNames makes every effort to provide Services solely to carry out lawful activities.  Based on this, the User is prohibited from using Services (domains, websites) to carry out any illegal activity, in particular for the purposes (by):

1. Distribution of illegal pornography, including but not limited to child pornography (including through sites that use images and videos that look like / give the impression of / child pornography even though the model is an adult (18 years old or more))
2. Distribution of any information, photo, or video materials that encourage, propagate, directly or indirectly call for war, military action, justify war and/or military action, any violation of the territorial integrity and sovereignty of states
3. Distribution of any information that encourages, propagandizes, incites national, racial or religious hatred, all types of chauvinism, as well as information that constitutes incitement, appeal, justification or encouragement of any discrimination, hostility or violence, cruelty to animals or destruction, damage property
4. Distributing or making available materials (Content, torrent trackers, online cinemas, etc.) that infringes the intellectual property rights of any person, including but not limited to the copyright, related rights, trademark rights, patent rights, commercially sensitive information of any person
5. Distribution or promotion of information, materials, goods, and services in violation of the rights to the trademark (logo, name, name) of a third party
6. Illegal mass mailing or advertising (spam, etc.)
7. Distribution of malware, codecs, etc. 
8. Realization of actions, the purpose of which is to seize control (elevate privileges) over a remote/local computing system, or its destabilization, denial of service, or similar goals
9. Illegal acquisition of personal information and hacking attempts (phishing, fraud, etc.)
10. Distribution of information in violation of privacy rights and confidentiality obligations
11. Advocacy for the use of drugs or other illegal substances, including instructions for their manufacture
12. Creation, distribution of scripts and/or software for automated account creation and automated reporting
13. Spreading false or misleading information, including disinformation campaigns
14. Distribution of information about suicide and self-harm that is intended to shock or engage in such activities, as well as distribution of materials that encourages dangerous or illegal activities
15. Trafficking in human beings, organs, and human biological materials for donation;
16. Promoting and distributing prohibited or restricted goods, services, or goods, services, including, but not limited to, illegally obtained financial information, explosives/weapons, endangered species, prescription drugs, counterfeit documents or money, etc. 
17. Forging the signatures or other identity elements of any person or engaging in activities designed to deceive others as to the User’s identity;
18. Using or distributing traffic forwarding software or any kind of proxy server
19. Causing damage to EvoNames or Users of Services or Site;
20. Fraud, as well as activities that require obtaining prior authorizations or licenses without such authorizations or licenses;
21. Carrying out any other illegal activity or activity related to violations of the rights of third parties in the territory of any of the countries.

The list of prohibited purposes and actions may be supplemented or changed at any time at the discretion of EvoNames.

EvoNames considers each appeal regarding the use of Services for prohibited purposes and takes all adequate measures to avoid repetition of violations in the future.

If You notice that individuals using the EvoNames Services engage in the above-prohibited activities or violate the applicable law of a particular jurisdiction, please let us know. 

EvoNames reserves the right to immediately suspend and/or terminate Your use of Services, block Your account due to the violation of the Agreement or the applicable law of the relevant jurisdiction or for any other reason with or without notice to You.

EvoNames reserves the right (but is not obliged) independently and at its own discretion to identify the Content or actions of the User that violate the Agreement’s terms.

Prior to the suspension or complete termination of Your use of the Service, EvoNames may, but is not obligated to, work with You to try to remedy violations of the Agreement or the applicable law of a particular jurisdiction, as well as to ensure that such a violation is not repeated, to offer other options for resolving the violation. However, EvoNames reserves the right to suspend or terminate the provision of Services to You in the future, even if such attempts have been made.

If EvoNames suspends and/or terminates your use of Services due to a violation, You may request a refund of the funds remaining in Your account. However, EvoNames reserves the right to refuse to refund such funds to You until further resolution of the situation arising from the violation of the Agreement.

EvoNames has the right to terminate the provision of Services (including blocking a domain or account) within 24-72 hours after sending a notification to the User, or a shorter period if the reason is an illegal activity using Services. Furthermore, EvoNames has the right to terminate the provision of Services (including blocking a domain or account) immediately and without prior notice, including, but not exclusively, to stop infringements.

EvoNames (its executive officers and contractors) are not responsible for:

1. the use of Your account and Your website and all actions that are carried out through it by You or unauthorized third parties
2. third-party actions
3. consequences of unauthorized use of EvoNames resources by third parties
4. any malicious software that may transmit from/to Site
5. User Content that violates the Agreement or the applicable law of a particular jurisdiction

You confirm that You will take all actions to avoid causing damage to EvoNames from any claims, demands, or obligations that are related to:

1. Your use of Site or Services
2. violation by You of any term of the Agreement or policies, regulations, applicable law of a particular jurisdiction
3. Your violation of the rights of third parties, including intellectual property rights or other rights.

APPLICABLE RULES AND REGULATIONS

The Agreement does not replace or establish alternative regulations for ICANN’s rules, policies and procedures. Accordingly, ICANN policies, rules and procedures must be followed when providing Services. If there are inconsistencies between ICANN’s rules and procedures and the Agreement, ICANN’s rules and procedures shall prevail.

You agree to comply with all applicable laws of the particular jurisdiction in which You are treated as a resident or other relevant jurisdiction concerning the Content, Your website, online activities, electronic communications and use of Services, Site. In addition to the Agreement, ICANN’s rules, procedures and regulations, the use of Site and Services is also governed by a number of policies and regulations, links to which are posted on Site:

1. Domain Deletion Policy
2. Domain Name Registration Agreement
3. Domain Registration Reseller Agreement
4. Policy on Transfer of Registrations between Registrars
5. Registrant Rights and Responsibilities

Separate subsidiary procedures may be implemented and may relate to specific Services, will be valid and are binding on You if You use such Services.

DISPUTES RESOLUTION

Except for disputes governed by the Uniform Domain-Name Dispute-Resolution Policy available here, the Agreement shall be governed by and construed following the legislation of the Republic of Cyprus.

CHANGES TO AGREEMENT

EvoNames may, in its sole discretion, amend the Agreement and other policies or regulations at any time.

EvoNames may (but is not obligated to) notify You of changes to the Agreement and is required to publish the Agreement as amended on Site. Accordingly, you undertake to periodically (but not less than once a month) review the materials on Site to identify and study updates to the Agreement.

Any changes to the Agreement, policies, and regulations come into force and become binding on You from the date specified in the Agreement. If no date is specified, the changes will take effect immediately, and Your use of Services after such changes confirms Your acceptance of the updated terms of the Agreement and other policies and regulations. If You do not agree to accept the Agreement, policies, and regulations in an updated version, please do not use Site, Services or stop using them.

TERMINATION OF AGREEMENT, SERVICES

EvoNames may, in its sole motion and discretion, terminate (suspend, block or modify) Your access to Site and Services at any time with or without cause, with or without notice to You, with immediate effect. EvoNames, in particular, may terminate (suspend, block or modify) Your access to Services (fully or partly) in the following cases:

1. the need to correct any errors;
2. handling complaints about the Content or complying with the requirements of the competent authorities or persons;
3. failure to respond to your complaint (as the domain name owner) within the term established by EvoNames;
4. late payments or violation of the terms of the Agreement by You;
5. Your behaviour causes or may cause damage to EvoNames, other Users or third parties;
6. Your actions or activity through Your website violates the applicable law of a particular jurisdiction (or is reasonably expected to violate).

In such cases, EvoNames is not obligated to refund payments to You (if such were paid in advance), and You are obliged to pay all costs, penalties and expenses before terminating access to Services.

If You wish to terminate the Agreement for any reason, You shall stop using Site or Services. If You want to delete Your account - contact the address. All terms of the Agreement, which by their legal nature should survive termination of the Agreement, shall survive termination of the Agreement, including, but not limited to, the limitations of liability and warranties. 

Upon termination of Services for any reason, the Content, website and other information will be deleted. You are solely responsible for maintaining backup copies of all Content, Your websites, and information. EvoNames is not responsible for the consequences of deletion and failure to save backups.

FORCE MAJEURE CIRCUMSTANCES

Neither You nor EvoNames shall be liable for any breach of the Agreement if such a breach occurred as a result of circumstances that could not be foreseen or eliminated by reasonable means, namely: natural disasters, man-made disasters, war, terrorism, armed conflict, strikes, epidemics, special economic sanctions, adoption/amendments to regulations that significantly affect the possibility of implementing the Agreement. The Parties to the Agreement shall notify each other of the occurrence of such circumstances as soon as possible. If such circumstances affect You for more than 30 days, then EvoNames has the right to stop providing Services immediately.

OTHER CONDITIONS

The English version of the Agreement shall prevail. The Russian version of the rules is created for informational purposes. In case of discrepancies between the version of the Agreement in English and other languages, the English text shall take precedence. 

Contact information. If You have any questions about this Agreement, please contact us at info@evonames.com or the following address: John Kennedy Iris House, 7th Fl., of.470B, 3106, Limassol, Cyprus.

You undertake to carry out or organize continuous monitoring (at least once every 12 hours) of incoming messages (including monitoring of all folders, the SPAM section) to the email address you specified as a contact to receive notifications from EvoNames in a timely manner. If it becomes impossible for You to receive messages from EvoNames to the specified email address due to reasons beyond Your control, then You undertake to immediately (but not later than 6 hours) make changes to Your account data, updating information about the current email address.

You alone bear the risks and responsibility for the consequences if You do not read or do not read the messages from EvoNames in time for any reason.

If EvoNames sets a deadline for You to perform specific actions, then such a term is considered from the moment the letter is sent to the email address You specified and cannot be suspended or renewed due to Your untimely familiarization with the messages from EvoNames.