1. Terms of Agreement and Modifications

In this Services Agreement (this "Agreement"), "you," "your," "Subscriber" and "Customer" refer to each customer and "we," "us" and "our" refer to NameFlipper, a Massachusetts-based sole proprietorship. This Agreement explains our obligations to you and your obligations to us regarding your use of NameFlipper services. By checking the box next to "I agree to the terms and conditions for using this site." and proceeding to register for a NameFlipper account, or by actually using the Services, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, our Privacy Policy, and any other pertinent rules or policies that are or may be published by NameFlipper from time to time.

Notwithstanding any other written or oral statements you believe NameFlipper may have made to you, this agreement constitutes the entirety of NameFlipper's agreements with and obligations to you and the entirety of your contractual rights in your relationship with NameFlipper.

You agree that NameFlipper may modify this Agreement and the Services from time to time. You agree to be bound by any changes NameFlipper may reasonably make to this Agreement when such changes are made. If You have purchased Services, Subscriptions, or Software from NameFlipper, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Software, Subscriptions, or Services.

2. Privacy

You can view NameFlipper's Privacy Policy <a href="content.php?url=privacy-nameflipper">here</a>, which is incorporated herein by reference, as it is applicable to all NameFlipper's Software and Services. The Privacy Policy provides Your rights and NameFlipper's responsibilities with regard to Your personal information. NameFlipper will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

3. Provision and Use of Services

NameFlipper is constantly innovating in order to provide the best possible tools for its users. You acknowledge and agree that the form and nature of the Services which NameFlipper provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that NameFlipper may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at NameFlipper’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform NameFlipper when you stop using the Services.

In order to access the Services, you are required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to NameFlipper will always be accurate, correct and up to date.

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by NameFlipper, unless you have been specifically allowed to do so in a separate agreement with NameFlipper. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts, web services, or desktop software).

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Any attempts made by you or on your behalf to penetrate NameFlipper's security will result in the termination of your account(s) without notice, as well as notification of appropriate law-enforcement agencies.

You agree not to create more than one NameFlipper account unless expressly permitted by NameFlipper staff. Any attempts to breach this rule may result in the termination of your NameFlipper accounts.

Unless you have been specifically permitted to do so in a separate agreement with NameFlipper, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You further agree that you are solely responsible for (and that NameFlipper has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which NameFlipper may suffer) of any such breach.

4. Account Security

To access or use the NameFlipper services or to modify your account, you may be required to establish an account and obtain a login name and password. You authorize us to process any and all account transactions initiated through the use of your password. You are solely responsible for maintaining the confidentiality of your password and In no event will we be liable for the unauthorized use or misuse of your login name or password. You agree that we may log off any account that is inactive for an extended period of time.

5. Intellectual Property

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by NameFlipper, in writing.

You agree that NameFlipper holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Software.

You understand and agree that all content and materials contained in this Agreement, other policies, and the NameFliper web site are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that NameFlipper expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of NameFlipper. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.

6. Liquid Domain Lists

NameFlipper may generate and distribute, through various means, lists of expired and dropping domain names its Software deems to be highly "liquid", as defined by our website's documentation. While our Software makes extensive efforts to select lists of domain names with significant profit potential, you acknowledge that NameFlipper does not guarantee that any particular domain which appears on these lists can be resold for profit within any specific time frame. You understand that all data these lists contain, including estimated resale values, are generated automatically and that such information may be inaccurate or incomplete due to software errors, downtime in underlying information sources, and other artifacts. We urge you to exercise cautious human discretion in allocating financial expenditures for pursuit of each domain name within the NameFlipper lists you acquire. Unless the lists are specifically tagged with guarantees that express otherwise, NameFlipper does not refund liquid list purchases or reimburse domain purchases if the Customer fails to profit off acquired lists to his/her liking,

You are strongly encouraged to peruse NameFlipper's guidelines for liquid list profit maximization and to request assistance from NameFlipper's support staff to optimize your profit potential. NameFlipper is not, however, obliged to provide such assistance in every case.

You agree that you will not distribute any Liquid Domain List, or catalyze distribution or viewing of any part of a list thereof, to any party unless granted express written permission to do so by NameFlipper. As implied under section (5), you understand that any party who faciliates reverse-engineering of any part of the NameFlipper software based on the data within these lists will be prosecuted to the maximum extent permitted by U.S. law.

NameFlipper makes no guarantees regarding whether the which appear on these lists infringe on the legal rights of others. We urge you to investigate to determine whether each domain name you select and the use you intend for it infringes on the legal rights of others. You may wish to consider seeking one or more opinions from competent trademark practitioners in connection with your domain names. You agree to assume all responsibility in selecting which domain names to pursue and/or monitor. Should we be sued or threatened with a lawsuit in connection with your domain name and/or subscription to any other of our services, we may turn to you to hold us harmless and indemnify us pursuant to the Indemnification provision of this agreement. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name, and/or NameFlipper services. You will not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

That being said, NameFlipper reserves the right to edit liquid lists to remove domains without notice which we believe, in our sole discretion, (a) blatantly infringe on well-known trademarks, (b) whose most intuitive use involves capitalizing on a tragic event, (c) may serve to endorse or abet activity prohibited under U.S. law, and (d) "false positives" -- that is, domains which appear on the initially generated lists due to obvious bugs in the NameFlipper software.

In order to maintain the integrity of its service, NameFlipper employs a zero-tolerance nonpayment policy. You agree to issue full payment for your list promptly if you are the high bidder when its corresponding auction concludues and understand that failure to remit payment within 24 hours will result in the immediate termination of your NameFlipper account; we will then either re-auction your list or keep it in-house. You agree that lists may be delivered solely by e-mail to your electronic address on file and that it is your responsibility to ensure that address is up to date. It is incumbent on you to notify NameFlipper staff promptly in the event our automatic list delivery system fails or if you are unable to open or read the attach3e list(s). NameFlipper will never refund Customers for failed delivery or their inability to read the attached list(s) unless we receive notification of these errors within 6 hours following the corresponding auction's conclusion.

NameFlipper reserves the right to preclude Customers who NameFlipper believes, in its sole discetion, are likely to breach this Terms of Service agreement, from participanting in NameFlipper auctions or receiving liquid lists.

7. Bids

If you are the winning bidder when a NameFlipper auction ends, you are obligated to pay the amount of your winning bid. In the event of a charge reversal or chargeback by a credit card company or other payment provider, or if we determine in our sole discretion that we are unable or unlikely to collect payment, we reserve the right to terminate your NameFlipper account and notify the appropriate law enforcement agency.

8. Disclaimer of Warranties

You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an "AS IS," and "AS AVAILABLE" basis. NAMEFLIPPER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NAMEFLIPPER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. We make no warranty that our services(s) will meet your requirements or that the service(s) will be uninterrupted, timely, secure or error free; nor do we make any warranty as to the results that may be obtained from the use of the service(s) or as to the accuracy or reliability of any information obtained in our or web site. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our newsletter and website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through any of our services or any transactions entered into through such services. No advice or information, whether oral or written, obtained by you from us or through our web site shall create any warranty not expressly made herein. To the extent that any jurisdiction does not allow the exclusion of such warranties, these disclaimers will apply to the greatest extent possible.

9. Notices

You agree that NameFlipper may deliver critical service update notifications and auction reminders to your electronic address on file unless you specifically choose to opt out of receiving such notices.