Last updated: 15th August 2022

Thank you for visiting Presto Names

Please read this document carefully as it is the terms and conditions of the services of Presto Names and it forms the agreement between yourself (the customer) and myself (Presto Names).

These Terms of Service (the “Agreement”) are an agreement between WP Websites (or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Presto Names and of the Presto Names website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to use or access the Services.

Account Eligibility

By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of a legal entity or another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, up-to-date, truthful, current, and complete information on the registration forms, including a phone number. If  we need to contact you, we will use the primary email address we have on file or SMS. It is your responsibility to ensure that the contact information for your account is accurate, correct and complete at all times. Presto Names is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please do so via the client area login. Providing false contact information of any kind may result in the termination of your account.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

Presto Names Content

All content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Presto Names  Content”), are the proprietary property of Presto Names. Presto Names content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Presto Names content. Any use of Presto Names content, other than as specifically authorised herein, is prohibited and will automatically terminate your rights to use the Services and any Presto Names Content. All rights to use Presto Names that are not expressly granted in this Agreement are reserved by Presto Names.

Prohibited Persons (Countries, Entities, And Individuals).

Presto Names is a reseller of services from US companies. The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, Presto Names also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.

Account Security and Presto Names Systems

Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorised customer use. Presto Names may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Presto Names may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
Presto Names reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

Legal

You are solely responsible for any applicable compliance with local, federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Presto Names does not control or monitor the information or data you store on, or transmit through, the Services. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination.

Compatibility with the Services

You agree to cooperate fully with Presto Names in connection with Presto Names provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Presto Names is not responsible for any delays due to your failure to timely perform your obligations.

Billing and Payment Information

Multiple Accounts

Users may not have multiple accounts.

Payment

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services.

Taxes

Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Presto Names invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

Domain Payments

Domains have an expiry date and need to be renewed every year. It is your responsibiliy to know the renewal date and renew it. Domain renewals are generally billed and renewed thirty (30) days before the renew date. It is advised that you renew it before that date

Fraud

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Presto Names may report any such misuse or fraudulent use, as determined in Presto Names sole discretion, to governmental and law enforcement authorities.

Invoice Disputes

You have sixty  (60) days to dispute any charge or payment processed by Presto Names. If you have any questions concerning a charge on your account, contact Presto Names directly.

Your Order Cancellation Rights

You are entitled to cancel Your Order before payment is made. The deadline for cancelling an Order is before payment is made.
In order to exercise Your right of cancellation, You must inform Us of your decision by means of a clear statement. You can inform us of your decision by emailing hey@prestonames.com

Domains

Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

Termination

Presto Names may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Presto Names or others or cause Presto Names or others to incur liability, as determined by Presto Names in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Presto Names shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Presto Names may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

Price Change

Presto Names reserves the right to change prices, or any other charges at any time.

Limitation of Liability

IN NO EVENT WILL Presto Names ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Presto Names IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Presto Names LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Presto Names FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Indemnification

You agree to indemnify, defend and hold harmless Presto Names from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

Disclaimer

Presto Names shall not be responsible for any damages your business may suffer. Presto Names makes no warranties of any kind, expressed or implied for the Services. Presto Names disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Presto Names.

 

Limited Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WP Websites AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. Presto Names AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. Presto Names AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Disclosure to Law Enforcement

Presto Names may disclose any and all User information that is collected to law enforcement agencies for the purposes of an investigation, request, or otherwise without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies Additionally, your information may be disclosed pursuant to our Privacy Policy.

Entire Agreement

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

Changes to the Agreement or the Services
Presto Names may modify, add, or delete portions of this Agreement at any time. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
Presto Names reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labour disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Electronic Notices

The communications between you and Presto Names use electronic means, whether you visit the Platform or send Presto Names e-mails, or whether Presto Names posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Presto Names in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Presto Names provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Contact Me

If you have any questions about these terms and conditions, please contact me hey @ presto names .com