Terms and Conditions
Hammerhead Domains TERMS & CONDITIONS OF SERVICE
Welcome to Hammerhead Domains!
- These Terms and Conditions of Service (hereafter “Terms”) govern and apply to your access and use of ToolDomains Ltd.’s website Hammerhead Domains located at https://hammerheadDomains.com(hereafter referred to as “Hammerhead Domains”) and all products and services offered therein as well as to all data and content that you receive from Hammerhead Domains (collectively referred to as “Service”).
- You agree that you have read and understood these Terms and the relevant policies and conditions herein, and agree to be legally bound by them.If you do not agree to the Terms, you may not use the Service.
- If you are using the Service on behalf of a legal entity such as a company or organization, you should have the proper authority to agree to the Terms on behalf of the legal entity that you represent. In that case, ‘you’ and ‘your’ refer to that entity.
- THE SERVICE
- Under the Terms, you are granted a limited, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Service under the condition that you do not sell, grant, sub-license or otherwise transfer any right in the Service to third parties, nor attempt to do so. Hammerhead Domains retains all rights not expressly granted by these Terms.
- To access and use the Service you must be an identifiable individual over the age of 16 and have the legal capacity to enter in binding agreements.
- The Hammerhead Domains website is not an Ecommerce store, as there are no financial transactions taking place. The Hammerhead Domains website is a domain listing platform and a contact point for ToolDomains Ltd.’s clients and only operates as such.
- Registrants must be made by a natural person. Opening accounts by any automated means will render them invalid. You must not register duplicate accounts as this will get you suspended from using the Service and also get your accounts terminated.
- Hammerhead Domains reserves the right to suspend or terminate your account and not provide you again with the Service in the future if it determines that any of the registration data is untrue, inaccurate, outdated or incomplete.
- When you open your account, you choose your user name and password (hereafter ”Account Data”) which may or may be required to be changed at a later stage subject to system and technical restrictions. The confidentiality of your Account Data as well as all activity under your account is your responsibility. In case of a breach of security, fraudulent or unauthorized use, or any other suspicious activity of your Account Data, you must notify Hammerhead Domains immediately. Hammerhead Domains is not liable for any misuse, losses or damages incurred from your failure to maintain the confidentiality of your Account Data and account.
- Hammerhead Domains accounts may be accessed and used only by the registered user. You may not share, sell or transfer your Account Data to another. Failure to comply will result in immediate suspension or termination of the account and/or future use of the Service or any part thereof.
- Domain orders created by users of the Hammerhead Domains website do not represent domain purchases. Domain orders only function as inquiries regarding the price and availability of a domain (or domains) managed by ToolDomains Ltd.
- In order for a domain order to be finalized, the Hammerhead Domains website user must receive an email from the Hammerhead Domains staff confirming the current price and availability of the domain (or domains). Once an email correspondence has been established, the Hammerhead Domains website user must complete the payment via a payment channel agreed upon on behalf of both ToolDomains Ltd. and the user, who created the domain order.
- Prices displayed on the Hammerhead Domains website are subject to change at any point of the domain order process. The price of a domain displayed on the Hammerhead Domains website may not be the final price of said domain.
- Promo codes must be entered in to the Promo Code field on the cart and applied for the discount to be deducted from the order. Unless stated promo code discounts cannot be combined with existing discounts.
- A domain order created by a user of the Hammerhead Domains website does not equal a domain booking (domain reservation) for Non-Premium users. Only orders created by Premium users will result in the domain or domains remaining hidden from the Hammerhead Domains website and not being visible for other users for a certain period of time. This period of time depends on the group the Premium user belongs to.
- ToolDomains Ltd is not responsible if a domain order isn’t finalized, as domain sales are subject to a number of factors that go beyond the scope of ToolDomains Ltd’s capacities.
- ToolDomains Ltd applies the necessary measure to provide valid and up-to-date data. However, ToolDomains Ltd is not responsible if data, displayed on the Hammerhead Domains website is invalid, including Domain Authorty, Referring Domains, Ahrefs Domain Rating, Trust Flow, Citation Flow, Monthly Unique Visists, Google Index, domain descriptions and domain topic categories.
- ToolDomains Ltd is not responsible for any activities taking place on websites, hosted on the domain after a Hammerhead Domains client takes control of the domain, regarding configuration, content, trademark abuse, and other liabilities. This applies even if the domain name is registered under our name, because the company and the names of its employees may be used like a Whois privacy service by ToolDomains Ltd customers.
- In the case of legal arguments, including but not limited to the examples described in II.16, regarding domains that a user of the Hammerhead Domains website has taken control over, any available personal information belonging to the user in question will be delivered to the corresponding legal authorities.
- 1 Unless otherwise stated, all new products or added features to the current Service will be subject to these Terms.
- 1Hammerhead Domains reserves the right to change the requirements for opening a registration account at any time and for any reason.
III. MODIFICATION AND TERMINATION OF THE SERVICE
- Hammerhead Domains reserves the right to modify the Service or any of its products and features including prices, suspend it or terminate it temporarily or permanently without any liability and at its own discretion. The Service may also become temporarily unavailable due to maintenance or upgrades.
- Your account and/or use of the Service may be terminated if: you fail to comply with any provision of the Terms or act in a way that shows you don’t intend to; Hammerhead Domains is required to do so by applicable law; Hammerhead Domains decides to no longer offer the Service for any reason and at its own discretion in which case it is not liable to you for the termination of your account and/or for the termination of your use of the Service.
- Hammerhead Domains reserves the right to suspend or terminate your account and use of the Service immediately and without notice in the case of: violating these Terms; failure to respond within 14 days to an inquiry about your registration information; for any other reason without cause or liability.
- You may terminate your account or stop using the Service at any time and without notice.
- IV. SPECIFIC TERMS AND CONDITIONS
If any feature or section of the Service is governed by specific terms and conditions, these specific terms and conditions shall prevail in relation to the use of that feature or section of the Service.
- RESTRICTIONS ON THE USE OF THE SERVICE
- You are allowed to use the Service only under the terms and conditions stipulated under these Terms.
- You will not use the Service for illegal purposes, but will comply with all applicable national and international laws.
- You may not use the Service in any way that can damage, overburden, disable or in any other way disrupt the Service or interfere with any other party’s use of it.
- You will not use any automated device, program or algorithm such as robots, page-scraping, etc. to access or monitor the Service or any part of it or to reproduce any of the structure or appearance of the Service or to obtain any data not deliberately made available through the Service.
- You may not resell or rent the Service, any part of it or your access to and use of it. You may not attempt to discover any source code, service architecture, software or data relevant to the provision of the Service via reverse engineering or any other means.
- You may not attempt to gain unauthorized access to any accounts, computer systems or networks connected to the provision of the Service through hacking, data mining or any other means.
- Use of the Service in an attempt to create, support or improve a product or service that is competitive to the Service is not allowed.
- VI. INTELLECTUAL PROPERTY
Hammerhead Domains retains all rights in: the Service, in its whole and in part, including all its data, information, products, technology and APIs developed and provided by Hammerhead Domains on this website; all customizations, modifications, and translations of the Service; the processes, software and authored works developed in relation to the Service.
VII. PRIVACY PROTECTION
- YOU USE THE SERVICE AT YOUR OWN RISK. THE SERVICE, INCLUDING THE WEBSITES AND ALL INFORMATION THEREIN, ARE PROVIDED ‘AS AVAILABLE’ AND ‘AS IS’. Hammerhead Domains HEREBY EXPRESSLY DISCLAIMS TO THE EXTENT PERMITTED BY LAW ANY REPRESENTATION OR WARRANTIES IN ANY KIND, EXPRESS OR IMPLIED, INCLUDING THAT THE WEBSITES, THE INFORMATION AND THE SERVICE: WILL MEET YOUR REQUIREMENTS OR BE COMPLETE, ARE FIT FOR ANY PARTICULAR PURPOSE, ARE ACCURATE AND ERROR-FREE; WILL BE AVAILABLE AT ANY PARTICULAR TIME AND PLACE UNINTERRUPTED, SECURE AND WITHOUT THE RISK OF ATTACKS; ANY ERRORS OR DEFECTS WILL BE CORRECTED; ARE FREE OF VIRUSES, WORMS AND OTHER HARMFUL MALWARE, OR PROTECTED FROM HACKING OR OTHER SECURITY BREACHES AND THEREFORE DISCLAIMS ANY LIABILITY.
- Please note that the domain database the Service uses is a snapshot updated by Hammerhead Domains at its own discretion and may not represent real time results valid at the time of your request. Therefore, Hammerhead Domains disclaims any liability on direct, indirect or incidental damages caused by your actions or decisions based on Service results.
- Hammerhead Domains shall have no liability for interruptions or omissions in Internet, network or hosting services.
- IX. LIMITATIONS OF LIABILITY AND INDEMNIFICATION
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Hammerhead Domains, ITS EMPLOYEES, MANAGERS AND PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGE, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL, DATA OR OTHER LOSSES ARISING FROM OR IN CONNECTION TO: THE ACCESS, USE OR INABILITY TO ACCESS OR USE THE WEBSITES AND/OR THE SERVICE, COSTS FOR PROCURING SUBSTITUTE SERVICES OR UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR DATA THROUGH THE SERVICE, EVEN IF Hammerhead Domains HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Hammerhead Domains’ liability regarding the Service provided under these Terms is solely limited to the amount you paid Hammerhead Domains for the use of the Service.
- You agree to indemnify and hold harmless Hammerhead Domains, its affiliates, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and litigation costs) that arise out of these Terms or your violation of the Terms; your use of the Service; your use of any data or information provided by Hammerhead Domains via the websites or the Service; any use of your account or Account Data, whether by you or a third party; any intellectual property or other proprietary rights of third parties; any action taken by Hammerhead Domains as part of its investigation of a suspected violation of this Terms or as a result; any information or data you supplied to Hammerhead Domains, including but not limited to any incorrect registration data; or your violation of any third parties’ rights.
- CHANGES TO THE TERMS AND CONDITIONS OF SERVICE
- Hammerhead Domains reserves the right to amend, add or remove sections of the Terms at any time at its own discretion. It is your responsibility to regularly check if the Terms have been updated. The currently posted Terms apply.
- If any amendments are unacceptable to you, you may terminate your compliance with the Terms and not use the Service anymore. Your continued use will constitute a binding agreement with the amended Terms.
- XI. GOVERNING LAW
All disputes arising from the current Terms or related to them, which cannot be settled amicably and through negotiations between you and Hammerhead Domains, shall be referred to the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry, pursuant to its Rules for cases based on arbitration agreements, whereas Bulgarian law shall be applicable. In case you are a consumer within the meaning of the Consumer Protection Act, you shall be entitled to refer the dispute to the competent Bulgarian courts.
If you have any questions or comments regarding the Terms, please let us know through the Contacts page https://hammerheaddomains.com/contact/