EASY PAYMENT DOMAIN FINANCING SERVICES TERMS AND CONDITIONS

These EASY PAYMENT DOMAIN FINANCING SERVICES TERMS AND CONDITIONS (the “Agreement”), is made and entered into as of this day (the “Effective Date”), by and among Names.Club, LLC, a Florida limited liability company (“Names.Club”, “we”, “us”, or “our”), on the one hand, and you (“you” or “your”), on the other hand. You and Names.Club may be collectively referred to as the Parties.

NOW, THEREFORE, in consideration of the mutual premises and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:

1.Subject Domain Names.
1. a.Any domain services purchased on the names.club platform under a payment plan, where the entire amount due is not collected at the time of purchase, shall be a “Subject Domain Name”, and collectively “Subject Domain Name(s)”.
2.Advanced Services Fee.
1. a.The sum due by You hereunder, in exchange for the sale of the Subject Domain Name(s), shall be the “Advanced Services Fee”. Notwithstanding any WHOIS information or anything to the contrary contained in these Terms and Conditions, the seller shall retain full ownership of the Subject Domain Name(s) until the Advanced Services Fee is fully paid.
3. Payment of Advanced Services Fee.
1. a. Scheduled Payments.
  1. i. Except as otherwise provided herein, the entire unpaid balance of the Advanced Services Fee is due and payable to Names.Club on in accordance with the Payment Schedule, which shall be provided to you at the time of purchase.
4. Account Lock and Names.Club Ownership.
1. a. You acknowledge and agree that the Subject Domain Name(s) shall be registered in a domain reseller account that is controlled by Names.Club until the Advanced Services Fee is paid in full, and the Subject Domain Name(s) will remain the property of Names.Club until the Advanced Services Fee is paid in full. You acknowledge and agree that Names.Club shall lock and not allow any transfer or WHOIS update of Subject Domain Name(s) until the Advance Service Fee is fully paid; and provided that it is not the intention of this provision that Names.Club to limit, delay or frustrate the Your ability to sell domain names, transfer domain names in accordance with any UDRP, court order, cease and desist reply and/or other legal proceeding and/or comply with laws, Names.Club shall be entitled to prevent the transfer of domains until such time as the Advanced Services Fee is paid in full.
2. b. Upon the occurrence of an Event of Default, Names.Club shall be entitled to the remedies set forth in these Terms and Conditions in full satisfaction of Your remaining obligations hereunder.
5. Event of Default.
1. a. Definition. An Event of Default shall mean any one of the following, regardless of the reason therefor:
  1. i.Your violation of these Terms and Conditions;
  2. ii.the filing of any petition or the commencement of any proceeding by You for any relief under any bankruptcy, insolvency or similar laws;
  3. iii.the filing of any petition or the commencement of any proceeding against You for any relief under any bankruptcy, insolvency or similar laws, which proceeding is not dismissed within 60 days;
  4. iv.the failure of You to make any Advanced Service Fee payment, in accordance with the agreed upon schedule.
  5. v.A UDRP or Legal Action is threatened against the Subject Domain Name(s).
  6. vi.You use the Subject Domain Name(s) in a way that violates the intellectual property of a third party.
  7. vii.You use the Subject Domain Name(s) in a way that violates applicable laws, is abusive, or diminishes the value of the Subject Domain Name, in the sole discretion of Names.Club. Examples include, but are not limited to:
    - distribution of malware;
    - dissemination of software designed to infiltrate or damage a computer system without the owners informed consent, including, without limitation, computer viruses, worms, keyloggers, trojans, and fake antivirus products;
    - phishing, or any attempt to acquire sensitive information such as usernames, passwords, and credit card details by masquerading as a trustworthy entity in an electronic communication;
    - DNS hijacking or poisoning;
    - spam, including using electronic messaging systems to send unsolicited bulk messages, including but not limited to e-mail spam, instant messaging spam, mobile messaging spam, and the spamming of Internet forums;
    - botnets, including malicious fast-flux hosting;
    - denial-of-service attacks;
    - child pornography or any images of child abuse;
    - promotion, encouragement, sale, or distribution of prescription medication without a valid prescription in violation of applicable law;
    - use of the domain name that is not strictly adult-related for pornographic purposes;
    - use of the domain name for a fraudulent purposes;
    - of use the domain name for in such a way that creates a risk of the domain name being blacklisted on third party reputation services;
    - illegal access of computers or networks.
2. b. Remedies Upon Event of Default.Upon the occurrence of an Event of Default under Section 5 and for so long as such Event of Default is continuing, Upon the occurrence of any Event of Default, or upon the occurrence of an Event of Default under Section 5 that is not cured within 30 days of the applicable due date, the unpaid balance of the Advanced Services Fee, together with all accrued interest thereon and all amounts due and payable hereunder shall become immediately due and payable to Names.Club. If such Advanced Services Fees are not paid within 15 days, You shall forfeit its right to purchase the Subject Domain Name(s), any Advanced Services Fees shall be forfeit and unrecoverable, and You shall no longer owe any remaining unpaid portion of the Advanced Services Fees. In any Event of Default, Names.Club shall be entitled to: (i) change the nameservers applicable to the Subject Domain Name(s) such that the Subject Domain Name(s) utilizes the Names.Club system and/or (ii) take full possession of the Subject Domain Name(s) and dispose of such domains names as it sees fit.
6.Representations and Warranties. You hereby represent and warrant it has all power and authority (corporate or otherwise) to enter into these Terms and Conditions and the agreements contemplated hereby, and to take all actions contemplated hereby and thereby, and (c) there is no action, proceeding or claim, actual or threatened, by any party that would prohibit or otherwise interfere with the obligations of You hereunder.
7.Term. These Terms and Conditions shall be effective as of the Effective Date and shall be binding until the later of (a) a period of one (1) year from the Effective Date or (b) the date that all obligations of You hereunder have been satisfied in full.
8.Governing Law; Jurisdiction and Venue. These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction. Any litigation based on, or arising out of, under, or in connection with these Terms and Conditions, shall be brought and maintained exclusively in the state or federal courts located in the State of Florida. The parties hereto hereby expressly and irrevocably submit to the jurisdiction of the state and federal courts located in the State of Florida for the purpose of any such litigation as set forth above. The parties hereto further irrevocably consent to the service of process by personal service within or without the State of Florida. The parties hereto hereby expressly and irrevocably waive, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue of any such litigation brought in any such court referred to above and any claim that any such litigation has been brought in an inconvenient forum.
9.Assignment. You may not assign any of its rights or delegate any of its duties under these Terms and Conditions without the prior written consent Names.Club.
10.Miscellaneous. To the maximum extent permitted by applicable law, in no event shall either party be liable for any consequential, incidental, indirect, special, punitive or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss or the cost of procurement of substitute services) arising out of or relating to these Terms and Conditions, even if a party has been advised of the possibility of such damages. This limitation shall not apply to any indemnification obligation. Each party hereto (“the “Indemnifying Party”) agrees that it will release, indemnify, defend and hold harmless the other party, and each of the other party’s parents, subsidiaries and affiliates and each of their respective employees, officers, directors, shareholders, affiliates, contractors, agents, successors and assigns (collectively, the “Indemnified Parties”) from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties, relating to or arising under these Terms and Conditions, including without limitation (i) infringement of or dilution by the Indemnifying Party, or someone else at the direction of the Indemnifying Party, of any intellectual property or other proprietary right of any person or entity or (ii) an intentional or grossly negligent violation of existing law, the terms of these Terms and Conditions or of policies and procedures incorporated herein or relating to the service(s) provided. Names.Club reserves the right to modify these Terms and Conditions from time to time without notice, such changes will be available on the Names.club website at http://www.names.club.
11.Headings and Interpretation; Counterparts. The headings contained in these Terms and Conditions are for purposes of convenience only and shall not affect the meaning or interpretation of these Terms and Conditions. The provisions of these Terms and Conditions shall be construed according to their fair meaning and neither for nor against any party hereto irrespective of which party caused such provisions to be drafted. Each of the parties acknowledges that it has been represented by an attorney in connection with the negotiation and execution of these Terms and Conditions. These Terms and Conditions may be executed in several counterparts, and by facsimile signature, each of which shall be deemed an original and all of which shall together constitute one and the same instrument.
12..Club Policies. These Terms and Conditions incorporates by reference the .CLUB Policies, found at get.club/terms. Names.Club shall not be liable for breach of this agreement if it deactivates the Purchased Domain pursuant to ICANN rule, policy, or mandate, or if Names.Club deactivates the domain name pursuant to the .CLUB terms of use. You explicitly agree to “opt-out” of the 60-day inter-registrar transfer lock and authorize Names.Club to act as Your Designated Agent to transfer ownership of any domains sold on Get.club, without explicit email notifications of said changes.
13.Entire Terms and Conditions. These Terms and Conditions, together with the .CLUB Policies, and the Payment Schedule, constitutes the entire agreement of the parties hereto and supersedes in their entirety all prior representations, understandings, undertakings or agreements (whether oral or written and whether expressed or implied) of the parties with respect to the subject matter hereof.

DOMAIN PURCHASE TERMS AND CONDITIONS

This DOMAIN PURCHASE TERMS AND CONDITIONS (the “Agreement”), is made and entered into as of this day (the “Effective Date”), by and among Names.Club, LLC, a Florida limited liability company (the “Names.Club”), on the one hand, and the corporation (“You” or “Your”), on the other hand. These Terms and Conditions shall apply between Names.Club and You for any domain sale on the names.club platform where the entire amount due is collected at the time of purchase.

1.Purchase and Sale, Assignment, Transfer and Delivery of the Purchased Domain. 1. On the terms and subject to the conditions set forth in these Terms and Conditions, You shall purchase the Purchased Domain from the Seller and the Seller shall sell, assign, convey, transfer and deliver the Purchased Domain to You. Any domain purchased by You on the Get.club website, where the entire amount due is collected at the time of purchase, shall be a “Purchased Domain”.
2.Purchase Price; Payment. As consideration for the sale, assignment, conveyance, transfer and delivery of the Purchased Domain, You agrees to and shall pay Names.Club the sum agreed upon at the point of purchase (the “Purchase Price”) which shall be due and payable from You to Names.Club immediately upon execution of these Terms and Conditions.
3.Representations and Warranties. You hereby represents and warrants it has all power and authority (corporate or otherwise) to enter into these Terms and Conditions and the agreements contemplated hereby, and to take all actions contemplated hereby and thereby, and (c) there is no action, proceeding or claim, actual or threatened, by any party that would prohibit or otherwise interfere with the obligations of You hereunder.
4.Term. These Terms and Conditions shall be effective as of the Effective Date and shall be binding until the later of (a) a period of one (1) year from the Effective Date or (b) the date that all obligations of You hereunder have been satisfied in full.
5.Governing Law; Jurisdiction and Venue. These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction. Any litigation based on, or arising out of, under, or in connection with these Terms and Conditions, shall be brought and maintained exclusively in the state or federal courts located in the State of Florida. The parties hereto hereby expressly and irrevocably submit to the jurisdiction of the state and federal courts located in the State of Florida for the purpose of any such litigation as set forth above. The parties hereto further irrevocably consent to the service of process by personal service within or without the State of Florida. The parties hereto hereby expressly and irrevocably waive, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue of any such litigation brought in any such court referred to above and any claim that any such litigation has been brought in an inconvenient forum.
6.Assignment. You may not assign any of its rights or delegate any of its duties under these Terms and Conditions without the prior written consent of Names.Club.
7.Miscellaneous. To the maximum extent permitted by applicable law, in no event shall either party be liable for any consequential, incidental, indirect, special, punitive or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss or the cost of procurement of substitute services) arising out of or relating to these Terms and Conditions, even if a party has been advised of the possibility of such damages. This limitation shall not apply to any indemnification obligation. Each party hereto (“the “Indemnifying Party”) agrees that it will release, indemnify, defend and hold harmless the other party, and each of the other party’s parents, subsidiaries and affiliates and each of their respective employees, officers, directors, shareholders, affiliates, contractors, agents, successors and assigns (collectively, the “Indemnified Parties”) from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties, relating to or arising under these Terms and Conditions, including without limitation (i) infringement of or dilution by the Indemnifying Party, or someone else at the direction of the Indemnifying Party, of any intellectual property or other proprietary right of any person or entity or (ii) an intentional or grossly negligent violation of existing law, the terms of these Terms and Conditions or of policies and procedures incorporated herein or relating to the service(s) provided.
8.Headings and Interpretation; Counterparts. The headings contained in these Terms and Conditions are for purposes of convenience only and shall not affect the meaning or interpretation of these Terms and Conditions. The provisions of these Terms and Conditions shall be construed according to their fair meaning and neither for nor against any party hereto irrespective of which party caused such provisions to be drafted. Each of the parties acknowledges that it has been represented by an attorney in connection with the negotiation and execution of these Terms and Conditions. These Terms and Conditions may be executed in several counterparts, and by facsimile signature, each of which shall be deemed an original and all of which shall together constitute one and the same instrument.
9..Club Policies. These Terms and Conditions incorporates by reference the .CLUB Policies, found at get.club/terms. Names.Club shall not be liable for breach of this agreement if it deactivates the Purchased Domain pursuant to ICANN rule, policy, or mandate, or if Names.Club deactivates the domain name pursuant to the .CLUB terms of use. You explicitly agrees to “opt-out” of the 60-day inter-registrar transfer lock and authorize Names.Club to act as Your Designated Agent to transfer ownership of any domains sold on Get.club, without explicit email notifications of said changes.
10.Entire Terms and Conditions. These Terms and Conditions, together with the .CLUB Policies, constitutes the entire agreement of the parties hereto and supersedes in their entirety all prior representations, understandings, undertakings or agreements (whether oral or written and whether expressed or implied) of the parties with respect to the subject matter hereof.