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Terms and Conditions

Important Sub Section:

[3.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 vii. Activation and use of Navicodes may require additional Software. It is your obligation to install these softwares. This includes, but is not limited to, Browser Help Objects (BHO).]

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.

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 and use of Navicodes may require additional Software. It is your obligation to install these softwares. This includes, 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 e-mail 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 email 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 16 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 info@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.

By their nature, forward-looking statements require us to make assumptions and are subject to inherent risks and uncertainties. There is significant risk that predictions and other forward-looking statements will not prove to be accurate. We caution visitors to this website not to place undue reliance on our forward-looking statements as a number of factors could cause actual future results, conditions, actions or events to differ materially from the targets, expectations, estimates or intentions expressed in the forward-looking statements.

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/terms.html


 

 

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