1. General

1.1. You acknowledge and agree that by accessing this Website, including becoming a User, buying using the Services, or otherwise viewing, or accessing any Information available on this Website, to be bound by these terms and conditions (“Terms and Conditions”). Company reserves the right to modify, amend, or update these Terms and Conditions at any time, without notice.

1.2. In these Terms and Conditions, these terms have the following defined meaning:

"Company" means TopNames Inc., the owner and operator of the website www.topnames.org.

“Customized Newsletter” means a Default Newsletter that is customized in accordance with the User’s preferences.

“Default Newsletter” means the pre-defined domain drop list containing all valuable domains, arranged into categories.

“Fee” means the amount payable by the User for any of the paid Plans.

“Information” means any information available on the Website, in whatever form, including text, pictures, diagrams, other media files, and any other digital content.

“Plan” means the Silver, Golden, or Privilege package of Services, as detailed on the Website.

“Services” means the domain name research and related services provided by the Company under this Agreement.

“Third Party Intellectual Property” means intellectual property that is owned by a party other than You, Company, or a User.

"User" means an individual who registers with the Website and obtains a User Account.

“User Account” means a valid, operating user account issued by Company for the User to use and access the Website.

"Website" means www.topnames.org.

“You” includes individuals, companies, or other entities that access, or use the Website, and “Your” has a consistent meaning.

Disclaimer

1.3. The Company provides limited services, being domain name research services for domain investors and SEO professionals.

1.4. You acknowledge and agree the Website, and any content, Information or other material You access or obtain through the use of the Website:

1.4.1. is only for general information. None of the Information on the Website is to be treated as specific advice, and does not take into account your own particular circumstances; and

1.4.2. that You will seek and obtain your own professional advice before acting or relying upon any of the Information on this Website. In particular, You agree that any decisions you make in relation to the purchase or sale of a particular domain will be based on Your own research and enquiries, and not solely on the Information available through the Website or the Services.

2. User Account

2.1. You must have a valid User Account in order to access the Services from Company.

2.2. In order to obtain a User Account, You must create a User Account after completing the online form through the Website, with complete, accurate and up to date information.

2.3. A User Account will be invalid if the relevant applicant:

2.3.1. is under 18 years or age or has no legal capacity to enter into the legal relationship required by this Website;

2.3.2. does not provide details which are true, complete and not misleading; and

2.3.3. does not agree that their personal information may be used in accordance with these Terms and Conditions, including the Company’s privacy terms.

2.4. The User acknowledges that it is responsible for always keeping its User Account details, including contact details, up to date.

2.5. The User acknowledges and agrees that they are liable for any damage, loss or harm suffered by Company, other Users, or any other third party, caused through the fraudulent, illegal, or unauthorised use of their User Account (including where they have not taken reasonable steps to protect their User Account from unauthorised use or have failed to alert Company where they know, or ought reasonably know, that it is being used, or operated, without their authorisation).

2.6. The User may cancel a User Account at any time.

2.7. Company reserves the right to decline an application for a User Account, or to amend, delete or cancel any User Account without notice, for any reason, including:

  2.7.1. if You provide any false, misleading or otherwise unsatisfactory information to Company;

  2.7.2. any breach, or suspected breach of these Terms and Conditions, including breach of any laws or regulations;

  2.7.3. the User defrauds, misleads, or gains any unfair advantage from Company, other Users, or any other third party;

  2.7.4. any defamatory, illegal, unethical, offensive or other unacceptable behavior on the Website; or

  2.7.5. the User causes the Company to breach any law, or contract, as determined by Company in its absolute discretion.

2.8. Company may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

2.9. Company reserves the rights to maintain back-up or other reasonable copies of User Account information, including after a User Account is deleted, and will cooperate with any lawful request from any party to provide them with, or supply, User Account information.

3. Services

3.1. The Company provides:

3.1.1. domain name research and reporting services, including the publishing of regular newsletter summarising the results of domain name list analysis, through the Default Newsletter, and Custom Newsletter reports;

3.1.2. a free trial subscription for new Users, with limited access to the full range of Services and

3.1.3. other related services for the Plans as detailed on the Website.

3.2. You acknowledge and agree that your use of the Services is subject to the particular Plan that You choose, and any specific conditions or details as specified on the Website.

3.3. User may purchase the Service from the Website, by selecting the relevant Plan and completing the payment process in accordance with clause 6.

3.4. Company may update, amend, change, or vary the scope or provisions of the Services, from time to time, without notice.

4. Liability

4.1. Information is provided on the Website “as is,” without any representations, or warranties, explicitly or implicitly, whether under contract, statute, or common law. You agree that Your use and access of the Website, and any Services You purchase, including for use by third parties, is at Your sole risk.

4.2. The Website is provided on an “as available” basis. Company does not provide any guarantee that the Website will always be available, accessible, uninterrupted, timely, secure, or error free, and Company does not offer any warranty as to the accuracy, reliability or availability of any Information available via the Website, including:

  4.2.1. that any particular Information will be available at any particular point in time, or complete, up to date, or accurate;

  4.2.2. providing any kind or representation or warranty about any Information, including if obtained from, or created by, any third
  party;

  4.2.3. that Information and tools made available through the Services are generated using automated means and are subject to
  errors, inaccuracies, inconsistencies and incompleteness which may or may not be corrected by Company, at Company's discretion;
  and

  4.2.4. some of the tools available in the Service may be made available in beta- or trial form, and may not be completely accurate
  during the trial phase.

4.3. While Company takes measures to ensure service availability, certain high volume queries by our Users may result in Services being inaccessible or slow. In the event of Services becoming inaccessible or slow, you agree to notify Company of the relevant problem and reduce your query load.

4.4. Company may make available links to other websites on the Website. Company does not endorse any content available from any third party websites, nor certify, or warrant, the accuracy, suitability, or fitness for purpose of any such content.

4.5. You agree that You are, and at all times, remain liable for your conduct when using or accessing the Website, including any breach of laws or regulations, breach of intellectual property rights, defamation, unlawful conduct, or any other harm, loss, or damages to any party, or penalties, fines or other costs/fees imposed by any regulatory or authority.

4.6. To the maximum extent permitted by law, Company excludes any damages, loss, claim, or expense (including legal costs) to You however so arising, including:

  4.6.1. the accuracy of any Information contained on the Website;

  4.6.2. for the content of any website You access by clicking on a link to a third party website, available from the Website;

  4.6.3. damage or loss caused to any party, including You or any User, through any use or reliance on, the Information, including any
  decisions You make regarding a particular domain name;

  4.6.4. damage or loss caused to any party through the use of any Service;

  4.6.5. common law, contractual or statutory obligations or warranties relating to consumer protection, sale of goods, or fair trading.
  To the extent that Company cannot otherwise limit or exclude its liability, You agree that Company limits your remedies to
  re-funding the Fees You paid for the relevant Service/s, or reperforming the Service/s.

4.7. Company will not be liable under any circumstances for any consequential loss, indirect or special damages, including loss of profits or any damages of any kind recognised by law (even if Company has been advised of the possibility of such loss or damages).

4.8. Accordingly, You hereby waive, and releases Company and its officers, directors, employees and agents from, any claims, loss, liabilities, or damages, arising from, or related to, any act or omission of Company, or any other User.

4.9. To the maximum extent permitted by law, You waive any terms implied by statute, including fitness for purpose, merchantability or any other warranty, condition, or term implied by statute or common law, and Company limits its loss to You (or any party who uses the Services You purchase from the Website), howeverso arising, to the Fees paid for the Services, or US$50, whichever is lesser, as determined by Company is in absolute discretion.

4.10. You agree to indemnify Company for any costs, damages, loss, or expense suffered, or incurred by Company, or any third parties, including legal expenses on a full indemnity basis, caused or arising from Your acts or omissions, including:

  4.10.1. a breach of these Terms and Conditions;

  4.10.2. breach of any Iraqi, or foreign laws or regulations; and

  4.10.3. your use of the Services, or the use by any third party of the Services You purchase, unlawful conduct, or any other harm,
  loss, or damages to any party, or penalties, fines or other costs/fees imposed by any regulatory or authority.

5. Intellectual Property

5.1. Any and all intellectual property rights, including copyright, patents, trademarks, brand names, and designs, whether registered or unregistered, displayed on, or forming part of the Website, shall remain the sole property of Company, excluding Third Party Intellectual Property. You shall not, and shall not attempt to, obtain any

title to any such intellectual property rights, except as specified in these Terms and Conditions. All such intellectual property rights are reserved.

5.2. Upon creation, You assign to Company and its related bodies corporate, successors and assignees any intellectual property rights created through Your use of the Website, howeverso arising.

5.3. None of the Information contained on the Website may be reproduced, redistributed, copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sub-licensed, or used to create derivative works. You must not seek to download, copy, or re-transmit any Information, through data mining, scraping, or any other technique designed to obtain our Information without authorization.

5.4. In return for Your full payment of all relevant Fees, you obtain a non-exclusive, world-wide, non-transferrable and non-sublicensable license to use the Services, including any software or intellectual property rights available through the Website, but only for the term of this Agreement

6. Payment

6.1. Each Plan Fee is payable on a monthly basis.

  6.1.1. If your User Account is not in credit at the end of the month, you will automatically be converted into a Free Plan.

  6.1.2. We may charge you a Fee if you wish to go from a Free Plan to a paid Plan, after letting your subscription lapse.

6.2. The User can make payment of the Fees via 2Checkout or Paypal.

6.3. The User acknowledges that they are responsible for the payment of any Fees for Services purchased through their User Account.

6.4. Company offers a limited refund policy for Services, so consider your purchase carefully. The User is only entitled to a refund of up to 50% of the monthly Fee where all the Service was not available for 90% calculated over the term of the relevant month.

7. Privacy

7.1. You agree that any personal information and data that Company obtains through User’s use of the Website may be used by Company, and any of its authorised representatives or contractors, in accordance with this clause 7.

7.2. Company only collects personal information for the following reasons:

  7.2.1. to improve the quality of our Services and Plans, and to improve the Information; and

  7.2.2. to improve the functioning of our business and Website.

7.3. We receive and store any information you enter, or produce, through Your use of the Website. Personal information we collect may include your name, email address, PayPal account details, address or other contact information you provide through your User Account or general use of the Website.

7.4. When you use the Website, our systems will automatically log certain information on our server logs.

  7.4.1. We treat this data as non-personal information, except where we are required to do otherwise under applicable law.

  7.4.2. Company only uses this data in aggregate form.

  7.4.3. We may provide aggregate information to our suppliers about how our users, collectively, use our Website, or to our
  contractors or service providers.

  7.4.4. We do not spam, and don’t assist, or allow others, to spam, using any of your personal information. Nor do we share, sell, or
  provide any of your personal information to any third parties, except where we are legally required to do so, or we need to do so in
  order to complete our obligations, or obtain our benefits, as detailed only in these Terms and Conditions.

8. General

8.1. The Terms and Conditions of this Website, including any agreement formed under it, will be interpreted in accordance with the laws of Iraqi. The parties submit to the exclusive jurisdiction of the courts of Iraqi.

8.2. To the extent any provision of these Terms and Conditions is found by a court to be invalid, void, illegal or otherwise unenforceable, that provision shall be read down only to the extent required, and such a finding shall not affect any of the other provisions of these Terms and Conditions, which shall remain valid and enforceable. Failure to enforce any right shall not be considered a waiver of that, or any other, right, by Company.

8.3. These Terms and Conditions may be updated from time to time by Company. Company will provide a general notice when it varies these Terms and Conditions, but You agree to such variations if You continue to access the Website after we have notified You of such variations.

8.4. While Company takes all reasonable care to secure the Website, You acknowledge that any Website is susceptible to viruses, Trojans, malware and other malicious

content or programs, and parties may seek unauthorized access to your computer, network or systems during your use of the Website. You agree that Company is not liable for any loss You suffer through such program or unauthorized access.

8.5. The terms and conditions of this agreement continue until your User Account is terminated, or You have performed all obligations, whichever is the later. Terms that by their nature continue after termination will continue to be enforceable by Company.