Select Registration
Conditions
The following policy applies during Select and Trademark
registrations.
It is important that you read the policy through,
particular attention should be paid to the fact that
the $45.00 is an application fee. If your application
is not approved you will not be re-embursed. If your
application is approved you will receive one year's
registration free. This is covered in point 3.xi
1. ACCEPTANCE OF TERMS
Thank you for visiting iKeyword. iKeyword provides
you with online services, and online and downloadable
applications, the "Service", on the following
terms. By using the Service in any way you are agreeing
to comply with these terms of service "TOS",
which may be updated by us without notice from time
to time. We encourage you to review the most current
version of the TOS at any time at . Henceforth we
will refer to the iKeyword website as "Site",
and domains, affiliated domains and sub-domains operated
by iKeyword as "iKeyword", "IKeyword",
"we", or "us". We may also refer
to IKeywords as "Navicode" or "Navicodes".
You may have registered an iKeyword through a third
party. In these terms of Service, the term "Agent"
means such a third party.
2. SITE USE
Individuals seeking information about IKeyword, to
use the iKeyword Service, may use the Site only for
lawful purposes or to register to the services offered
on the Site. The site should not be used to the following
purposes:
a) Interact with the Site by any means other than
through the interface that is provided by iKeyword
for use in accessing the Site;
b) Try to decode, separate or reverse engineer of
any of the software comprising or making up any part
of the Site;
c) Operate any software, code or device that would
hinder with the proper working of the Site or any
activity taking place on the Site;
d) Operate any software, code or device other than
that provided on the Site that would retrieve and/or
collect lists of keywords, users, registrants, URLs,
or any other information;
e) Endeavor to search, investigate or test the susceptibility
of a system to violate security without proper authorization;
f) Obtain, gather or store personal data about users
of the Site or registrants of iKeywords without their
consent;
g) Accessing data not meant for you or log on into
a server or account which you not authorized to access;
h) Disclose or share your password with, any third
parties or use your password for any unauthorized
purpose;
i) "Frame" Site content in another web
page not authorized by iKeyword;
j) Entail any operation which requires an excessive
or unwarrantedly significant load on the Site's infrastructure;
k) Use or endeavor to use any software, engine, code,
or other tool including browsers, "robots",
"spiders" or intelligent agents to search
the Site other than the search engines available from
iKeywords on the Site;
l) Manipulate, reproduce, replicate, duplicate, copy,
sell, resell or utilize for any commercial or noncommercial
purposes, any part of the Site, make use of the Site,
or access to the Site without the consent of iKeyword.
m) Impede or try to impede the Service to any user
or network;
n) Intentionally or unintentionally violate any applicable
local, state, national or international law; You accept
that breach of the Site's security may result in civil
or criminal liability, and that iKeyword will look
into any possible breach of the Sites' security and
may include, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such breaches.
3. OUR OBLIGATIONS
i. We will process your application to register a
Navicode. IKeyword may refuse to accept the proposed
Navicode registration for any reason or no reason.
In addition, you acknowledge and agree that IKeyword
cannot guarantee that you will be able to register
or renew your desired Navicode, even if an inquiry
indicates that the Navicode is or may be available,
because of the possibility of simultaneous applications
or technical mishaps or other unforeseen events.
ii. The fees are due at the time IKeyword accepts
your registration and refunds will be given at the
discretion of the Company Management. In the event
that IKeyword does not receive fully payment of all
fees owed by you at the outset of your Navicode registration,
Navicode may cancel your registration without prior
notice. The term of the registration is the term you
last selected when registering a Navicode.
iii. If your application is accepted, we will inform
you or your Agent. If your application is rejected,
we will inform you or your Agent as soon as reasonably
practicable and return to you or your Agent (as appropriate)
any payments received;
iv. We will register Navicode on a first come, first
served basis. Until we accept your application, there
is no guarantee that the Navicode you applied for
will be entered in the Register as such. We therefore
recommend that you do not take any action in respect
of a Navicode until you have received confirmation
from us that your application has been accepted.
v. After your application has been accepted, we will
enter the Navicode and other relevant details in the
NCR (Navicode Central Registery) for further processing
to see if you get the requested Navicode.
vi. We will use the information in the Register entry
for the Navicode to enable the resolution of requests
for the Navicode.
vii. We will transfer your Navicode and update the
Register accordingly on receipt of correctly completed
transfer documentation from you and any relevant transfer
fee applicable at the time of transfer. We will not
transfer an IKeyword whilst it is the subject of legal
proceedings.
viii. Please note that we will not refund any fees
after your IKeyword and details have been entered
in the Register.
ix. We will only make changes to the details contained
on the Register if we receive instructions and approval
from you or your Agent.
x. The NCR (Navicode Central Registry) may submit
a request for intervention to either the ICHO or International
Charter Organization, under this request a Navicode
may be removed from service and replaced with a zone
of the same representation.
xi. Registration during the Select Registration period
requires the submission of an application to the Navicode
Central Registry, the fee for this application is
$45, and is charged irrespective of acceptance by
the registry. In the event that the Navicode is accepted
1 (one) years registration will be granted.
4. YOUR OBLIGATIONS
i. You must ensure that we receive the registration
or renewal fee with the request of your Navicode.
ii. You must inform us promptly of any change in
your registered details, and those of your Agent if
applicable. It will be your responsibility to maintain
and update any details you submit to us and to ensure
that your details are up to date, and accurate. In
particular, it is your responsibility directly or
by your Agent to ensure that we have your full and
correct postal address.
iii. You must promptly inform us of any court proceedings
brought in respect of the Navicode.
iv. To the best of your knowledge, the registration
and/or use of the Navicode will not infringe upon
or otherwise violate the rights of any third party
or breach any agreement you have with any third party;
v. You own the website to which your Navicode will
link to, or you have express written permission from
the website's owners.
vi. You have not and will not incorporate into the
site any technology or items that will impair the
Navicode system.
vii. Activation of Navicodes may require additional
Software. It is your obligation to install these softwares.
This may include, but is not limited to, Browser Help
Objects (BHO).
viii. You are not registering and will not use the
Navicode for an unlawful purpose or in violation of
any applicable laws or government regulations;
ix. You have the requisite power and authority to
execute this Agreement and perform the obligations
hereunder.
5. RENEWAL OF YOUR NAVICODE REGISTRATION
The registration period is on a yearly basis from
the date of entry into the Register of your IKeyword
registration. You do have the option of buying the
Navicodes for more than a year, in that case you will
be notified when your keyword is about to expire.
In some cases, like Trademark Registration, you can
only buy the Navicode for one year during the Registration
process.
i. When the Navicode registration falls due for renewal,
we will contact you or your Agent (at the Agent's
address appearing in the Register) to request payment
of the relevant renewal fee.
ii. If attempts to bill you fail (e.g., if the credit
card on file for your account has expired or if your
contact details have changed), you are not guaranteed
renewal.
iii. If we fail to receive the renewal fee within
Fourteen (14) days of our making a request for the
renewal fee, we will suspend your registration for
at least 1 week and if we do not receive payment within
the suspension period we will cancel your registration
without further notice to you. During any period of
suspension, we will not point to any name servers
listed in the Register entry for the IKeyword, and
you will be unable to use or transfer the Navicode.
6. MODIFICATIONS OF NAVICODE
You may not modify your Navicode once we have accepted
it. You can however modify some Navicode properties
(such as the URL the Navicode navigates to) and your
contact information. You may update and are required
to update your account information as it changes.
7. PERSONAL DATA
The Register is a public register for the purposes
of data protection legislation. The Register will
include your name and address, telephone and facsimile
number and email address with any other relevant details.
This information, if it refers to individuals, is
'personal data' for the purposes of data protection
legislation. You can view our Privacy Policy for further
information. Personal data submitted by you will be:
a) Posted onto the Register;
b) Posted onto the IKeyword "WHOIS" database
by us. The WHOIS database is provided on our web site.
Other Agents which provide an online Navicode registration
service may point to our WHOIS database. We will publish
your name and address but will not publish your telephone
or facsimile number or e-mail address as part of the
WHOIS database;
c) Subject to our Privacy Policy;
d) We may provide your personal data to governmental
or law enforcement agencies at their written request
in connection with the conducting of any investigation
of criminal activities; and
e) We will provide your personal data to third parties
only if required to do so by a court order.
8. NO ADDITIONAL RIGHTS CONFERRED UPON EITHER
PARTY
We may use your applicable personal name, company,
business, firm, trade, logo, and/or brand names in
connection with the provision of the Navicode Service
and your registration of a Navicode.
However, your registration of a Navicode and your
use of the Navicode Service do not grant us any right,
title or interest in your personal name, company,
business, firm, trade, logo, or brand names, and all
goodwill arising from our use of those names will
inure solely to your benefit. At the same time, you
agree that all goodwill associated with any Navicode
as an address in the Navicode Service, and any property
rights in any Navicode as an address in the Navicode
Service, belong exclusively to us. Your registration
of a Navicode and your use of the Navicode Service
confer upon you no intellectual property, business
or competition rights.
9. NAVICODE DISPUTE RESOLUTION POLICY
You will be bound by the procedures of our Dispute
Resolution Policy in case of a dispute arising between
you and a third party. If a contest arises, you agree
to be bound by the procedures which are current at
the time that proceedings under the Dispute Resolution
Policy are commenced until the dispute is over.
Neither we nor our directors, officers or employees
nor any expert shall be liable to a party for anything
done or omitted in connection with any proceedings
under the Dispute Resolution Policy.
IKeyword has the right to modify the Dispute Resolution
Policy at any time and you will be bound by the version
of the policy in place at the time.
It is your responsibility and you agree to provide
IKeyword with updated contact information during the
term of this Agreement for purposes for facilitating
dispute resolution. Failure to do so will constitute
a breach of this Agreement.
a) For purposes of resolves disputes brought by third
parties concerning or arising from your use of a registered
Navicode, you agree to submit to subject matter jurisdiction,
person jurisdiction, and venue of the courts of your
domicile;
b) the courts residing in the jurisdictions corresponding
to the address(es) provided by you during the registration
process; and
c) the courts residing in the jurisdiction corresponding
to the location of the IKeyword headquarters.
10. CANCELLATIONS, SUSPENSION AND AMENDMENT OF
THE REGISTER
We may transfer, suspend, cancel or amend the Navicode
registration in the following circumstances.
i. After we have received payment for an Navicode
you may surrender the Navicode. The registration of
the Navicode will not be refunded.
ii. We may cancel or suspend the registration of
an Navicode by providing you with notice in the event
of the following:
a) if we do not receive your renewal fees in accordance
with clause 5;
b) if you are in breach of the this terms of service;
c) if we receive independent verification that you
have provided grossly inaccurate, unreliable or false
registrant contact details, or failed to keep such
contact details up to date;
d) if you are in breach of the warranties contained
in this terms of service;
e) if the Navicode is being administered in a way
likely to endanger the operation of the IKeyword System.
f) upon receipt of a copy of a court order of competent
jurisdiction in English Law requiring such action
stating that the retention of an IKeyword by you would
be conflicting with the terms of a court order received
by us or any other legal requirements;
g) If such changes are necessary in order to correct
an error relating to the Navicode registration;
h) If you provided materially misleading or false
information during the registration process, or concealed
material information during the registration process,
or willfully fail to update your contact information
should it change; or
i) If you, through you Navicode registration or use
thereof, are in violation of any laws or regulations;
or
j) At the request of a recognized governmental entity;
or
k) In accordance with the terms of our Keyword Dispute
Resolution Policy; or
l) If IKeyword reasonably determines that your Navicode
registration risks subjecting IKeyword or it's affiliates,
partners, subsidiaries, officers, directors or employees
to civil or criminal liability, loss, damage, or other
tangible harm; or
m) To protect the integrity and stability of the
overall Navicode Service; or
n) If a Navicode partner (such as a search engine
or browser) complains that your Navicode denigrates
the editorial quality of it's service; or
o) If the Navicode registration violates the terms
of any agreements between IKeyword and it's Navicode
distribution partners (such as a search engine or
browser); or
p) In accordance with our right to stop providing
you with the Navicode Service under clause 15 herein.
11. MEMBER ACCOUNT, PASSWORD AND SECURITY
I. Member Information
a) You will provide accurate and current information
on all registration forms on the Service.
b) You will not impersonate any person or entity,
misrepresent your affiliation with a person or entity;
or misrepresent the origin of any content distributed
through the Service.
II. Password and Security You will receive a password
and account designation upon completing the Service's
registration process. You are responsible for maintaining
the confidentiality of the password and account, and
are fully responsible for all activities that occur
under your password or account. You agree to
a) Immediately notify iKeyword 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. IKeyword can and will not be
liable for any loss or damage arising from your failure
to comply.
12. USAGE STATISTICS
You understand and agree that we have the right to
compile usage statistics and other general data regarding
use of Navicodes, and to sell and provide any and
all such aggregated, non-personally identifiable data
to third parties.
13. AGENTS
You agree that if an agent for you, such as an Internet
Service Provider or administrative contact or agent
completes the registration process on your behalf,
you are nonetheless bound as a principal by all terms
and conditions in this Agreement. You also agree that
all of the information provided in the registration
process, including login and credit card information,
are yours and not that of your agent.
14. LINKS TO THIRD PARTY SITES
We or third-party providers of content may provide
links to other Websites or resources. We do not control
these sites and resources, do not endorse them, and
are not responsible or liable for their availability,
content, delivery of services or any damage caused.
15. INDEMNITY
You will indemnify iKeyword, and its subsidiaries,
affiliates, officers, agents, and employees against
any claim or demand, including reasonable attorneys'
fees, related to use of or your conduct on the Service
or your breach of this TOS, or your breach of any
rights of another.
16. OUR RIGHT TO STOP SERVICE
At any time during your Navicode registration term
we may decide to discontinue providing you with the
Navicode service, we shall not be liable for any registration
fees or terms outstanding in such an event.
17. DISCLAIMER OF WARRANTIES
WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE
AND UP-TO-DATE INFORMATION ON THE SERVICE, YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE
SITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. IKEYWORD 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
AND NON-INFRINGEMENT.
b) IKEYWORD MAKES NO WARRANTY THAT
i. THE SITE WILL MEET YOUR REQUIREMENTS,
ii. THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE,
iii. THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SITE WILL BE ACCURATE OR RELIABLE,
iv. THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED
OR OTHERWISE OBTAINED BY YOU THROUGH THE SITE WILL
MEET YOUR EXPECTATIONS, AND
v. ANY ERRORS IN ANY SOFTWARE USED ON THE SITE WILL
BE CORRECTED.
vi. WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY,
QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS
OF THE INFORMATION, SOFTWARE, PRODUCTS, OR OTHER MATERIALS
AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD NOT
RELY UPON THEM.
c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE 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 ROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM IKEYWORD OR THROUGH OR FROM THE
SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TERMS.
e) THAT THE DETAILS AND INFORMATION SUBMITTED BY
YOU TO US ARE TRUE AND CORRECT, AND THAT ANY FUTURE
ADDITIONS OR ALTERATIONS TO YOUR DETAILS AND INFORMATION
WILL BE TRUE AND CORRECT, AND THAT YOU WILL SUBMIT
THEM IN A TIMELY MANNER.
f) THAT BY REGISTERING OR USING THE IKEYWORD IN WHATEVER
MANNER) YOU WILL NOT KNOWINGLY CONTRAVENE THE INTELLECTUAL
PROPERTY RIGHTS OF A THIRD PARTY, THAT YOU ARE ENTITLED
TO REGISTER THE IKEYWORD NAME, AND THAT YOU HAVE NOT
REGISTERED THE IKEYWORD NAME IN BREACH OF TRUST. OUR
RIGHT TO RELY UPON THIS WARRANTY WILL CONTINUE TO
BE AVAILABLE AFTER COMPLETION OF THE REGISTRATION
PROCESS AND WILL NOT BE AFFECTED BY ANY SURRENDER,
CANCELLATION OR TRANSFER OF THE IKEYWORD NAME.
18. LIMITATION ON LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IKEYWORD,
ITS EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IKEYWORD
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM:
a) THE USE OR THE INABILITY TO USE THE SERVICE;
b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA;
d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR
e) ANY OTHER MATTER RELATING TO THE SERVICE. IKEYWORD
DOES NOT CARRY OUT ANY INVESTIGATION AS TO WHETHER
YOU ARE ENTITLED TO REGISTER OR HAVE ANY RIGHTS IN
THE IKEYWORD NAME. BY REGISTERING THE IKEYWORD WE
ARE NOT ACKNOWLEDGING THAT YOU HAVE ANY RIGHTS IN
THE NAME COMPRISED IN THE IKEYWORD, AND WE ARE NOT
AUTHORIZING YOU TO USE THE IKEYWORD NAME IN THE COURSE
OF TRADE. YOU AGREE THAT IN NO EVENT SHALL OUR MAXIMUM
LIABILITY, TOGETHER WITH THE MAXIMUM LIABILITY OF
OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, RESELLER AND RESELLER REPRESENTATIVES, CO-BRANDERS
OR OTHER PARTNERS, UNDER THIS AGREEMENT FOR ANY MATTER
EXCEED AN AGGREGATE OF FIFTY UNITED STATES DOLLARS
(US $50).
19. INTELLECTUAL PROPERTY
You may fairly utilise our trademarks in advertising
and promotional materials, and in referring to our
services, for example, in a newspaper article, without
our permission, provided you follow customary trademark
usage practices and provide proper acknowledgment.
Other uses require our written consent and can be
requested at info@IKeyword.com.
You may never use our trademarks in the following
ways:
a) In a non-iKeyword service name or publication
title.
b) In, as, or as part of your own trademarks.
c) To identify products or services those are not
iKeyword's.
d) To cause confusion.
e) To suggest inaccurately that we sponsor, endorse,
or are otherwise connected with your activities, products,
or services.
f) To disparage iKeyword.
g) In any other manner that iKeyword or its users
find offensive. When you use our trademarks, please
include the following attribution: "Navicode
is a registered trademark of International Keyword
Corporation." Except as noted above, you may
not employ, copy, or redistribute iKeyword logos without
written or electronic consent from iKeyword. Send
your request for consent to use a iKeyword logo to
legal@ikeyword.com.
20. COPYRIGHT INFORMATION
We own intellectual property rights to the content
on the Service and its design, structure, and compilation.
It is very easy to copy things in cyberspace, but
that doesn't make it acceptable or legal. You shall
not copy or download any Content from iKeyword unless
we have expressly authorized you to do so.
You shall not copy, transmit, modify, distribute,
show in public or in private, modify or create any
derivative works from the content you find on the
Site, unless we expressly authorizes you to do so.
Making unauthorized copies of any content found on
the Site can lead to the termination of your iKeyword
account and/or civil or criminal action. Once you
post or send any information to us, you expressly
grant iKeyword the complete and irrevocable right
to quote, re-post, use, reproduce, modify, distribute,
transmit, broadcast, and otherwise communicate, and
publicly display and perform the information in any
form, anywhere. iKeyword is committed to honoring
the privacy of our members and visitors, and our privacy
policy covers personally identifiable information
shared.
21. GENERAL INFORMATION
The TOS constitute the entire agreement between you
and iKeyword and govern your use of the Service, superseding
any prior agreements. Additional or different terms
and conditions may apply when you use affiliated websites,
third-party content, or third-party software. Interpretations
of the Agreement and determinations that you have
breached the Agreement will be made at our reasonable
discretion and based on facts known to us.
You agree to submit to the personal and exclusive
jurisdiction of the law courts located in England
for any claim or dispute with iKeyword or any of its
subsidiaries, affiliates, officers, agents, or employees.
Our failure to enforce any right under this Agreement
will not waive that right. If any provision of this
Agreement is invalid, the Agreement should be interpreted
to effect the intent of the parties, and the remaining
provisions will remain in effect.
You must file any claim or suit related to the Service
within one (1) year after it arises.
The section titles in this Agreement are for convenience
only and have no substantive effect.
This document may change without notice, you are
subject to the most recent version located at http://www.ikeyword.com/documents/select.html