This Acceptable Use Policy ("AUP") governs the use of Venture Media Labs, Inc. (“Mark”) services. As used herein, the term "User" or "Users" shall include any and all users including Domain Sellers, Buyers, or others (1) who sign up for, use or obtain services from Mark.com or from any third party services of which are offered by or obtained through or in connection with Mark.com, or (2) who visit the website of Mark.com or of any related third party. Mark reserves the right to suspend or discontinue access to any or all services provided by Mark when any use contravenes this AUP.

To meet the changing needs of our users, our business, the internet environment and the legal landscape, this AUP may be revised at any time. Therefore, we urge you to review this AUP on Mark's website periodically.

If you feel you have discovered a violation of any area of our AUP, please report it to Mark’s Contact page.

1. Introduction

Mark supports the free flow of information and ideas over the Internet. For that reason, Mark does not actively screen or monitor, nor does it exert editorial control over the content of any message or website made accessible by its domain name listing services.

Mark may cancel, suspend, or modify the services provided to any listed domain name to address violations of this AUP (described further below).

Users are obliged and required to ensure that their use of Mark services is at all times lawful and in accordance with the requirements of this AUP and applicable laws and regulations.

2. Scope

This AUP governs the usage of all services of Mark or of any third party which is subscribed to or obtained through Mark.com (the "Services"). This AUP should be read in conjunction with the Domain Name Installment Sale Terms and Conditions, General Terms of Service, Privacy Policy, and other applicable agreements, policies, laws and regulations. By way of example, and without limitation, the Domain Name Installment Sale Terms and Conditions sets forth representations and warranties and other terms and conditions, breach of which may constitute non-compliance with this AUP.

3. Prohibited Uses

A "Prohibited Use” of Mark or of a listed domain name from Mark’s marketplace is a use which is expressly prohibited by provisions of this AUP. The non-exhaustive list of restrictions pertaining to use of Mark and domain names from its marketplace in relation to various purposes and activities are as follows:

  1. Compliance with law

    Mark and listed domain names from its marketplace must only be used for lawful purposes. The creation, transmission, distribution, storage of, or linking to any material in violation of applicable law or regulation is prohibited. This may include, but is not limited to, the following:

    1. Communication, publication or sharing material (including through links or framing) that infringes on another entity’s trade or service mark, patent, or other property rights.
    2. Use of a listed domain name from Mark in circumstances in which:
      1. The domain name is identical or confusingly similar to a personal name, business name or other legal or trading name, or a trade or service mark in which a third party complainant has uncontested rights, including without limitation in circumstances in which:
        1. The use misleads or confuses others with regard to goods or services for which a trade mark exists, or relating to similar goods or closely related services, against the permission of the registered trade mark holder; or
        2. The use misleads or confuses others in relation to goods or services in respect of which an unregistered trade mark or service mark has become distinctive of the goods or services of a third party complainant, and in which the third party complainant has established a sufficient reputation, against the wishes of the third party complainant; or
        3. The use trades on or passes-off a domain name or a website or other content or services accessed through resolution of a domain name at Mark as being the same as or endorsed, authorized, associated or affiliated with the established business, name or reputation of another; or
      2. The domain name has been used in bad faith, including without limitation the following:
        1. The User has used the domain name primarily for the purpose of unlawfully disrupting the business or activities of another person; or
        2. By using the domain name, the User has intentionally created a likelihood of confusion with respect to the third party complainant's intellectual property rights and the source, sponsorship, affiliation, or endorsement of website(s), email, or other online locations or services or of a product or service available on or through resolution of a domain name.
    3. Unlawful communication, publication or distribution of proprietary know-how, confidential information and trade secrets.
    4. Communication, publication or distribution, either directly or by way of embedded links, of images or materials (including, but not limited to pornographic, obscene, indecent etc.) where such communication, publication or distribution is prohibited by or constitutes an offence under the laws applicable to you or Mark.
    5. Content determined by Mark, in its sole discretion, to be pornographic, indecent, and/or obscene or which is otherwise prohibited includes, by way of example and without limitation, real or manipulated images depicting child pornography, bestiality, excessively violent or sexually violent material, sexual activity, and material containing detailed instructions regarding how to commit a crime, an act of violence, or how to prepare and/or use illegal drugs.
    6. Communication, publication or distribution of defamatory material or material that constitutes racial vilification.
    7. Communication, publication or distribution of material that constitutes an illegal threat or encourages conduct that may constitute a criminal offence.
    8. Communication, publication or distribution of material that is in contempt of the orders of a court.
    9. Use, communication, publication or distribution of software, technical information or other data that violates export or import laws.
    10. Use, communication, publication or distribution of confidential or personal information or data which violates any right of privacy including confidential or personal information about persons that is collected without their knowledge or consent.
  2. Disruption of Mark

    No-one may use Mark or a listed domain name for the purpose of:

    1. Restricting or inhibiting any person in their use or benefit of Mark or any service of Mark.
    2. Actually or purportedly reselling Mark services without the prior written consent of Mark.
    3. Transmitting any communications or activity which may involve deceptive marketing practices such as the fraudulent offering of products, items, or services to any other party.
    4. Providing false or misleading information to Mark or to any other party through Mark’s network.
    5. Facilitating or assisting the transmission of confidential information, private, or stolen records such as credit card details (without the owner's or cardholder's consent).

4. Non-exclusive, non-exhaustive

This AUP is intended to provide guidance as to what constitutes acceptable use of Mark services and of listed domain names on its marketplace. However, the AUP is neither exhaustive nor exclusive.

5. Violations

  1. Disclaimer. Mark expressly disclaims any obligation to and does not monitor its Users and other Users with respect to violations of this AUP. Mark has no liability or responsibility for the actions of any of its Users or other Users or any content any User may post on any Website.
  2. Complaints. Mark encourages Users to report violations of this policy by reporting it via Mark’s Contact page. Please include the offending domain name (e.g. example.com) and the type of abuse (e.g. illegal acts, offensive material, etc.).
  3. Remedies. If Mark learns of a violation of this AUP, Mark will respond to the applicable User and may, in Mark's sole discretion, take any or all of the following actions, with or without notice as it deems necessary or appropriate in accordance with the severity and duration of the violation:
    1. Warn the User: and/or
    2. Suspend the offending User from the Services; and/or Terminate or cancel the offending User from, the Services; and/or
    3. Remove the offending domain name; and/or
    4. Take other action in accordance with this AUP, the applicable agreement or applicable law.

6. Limitation of liability

In no event shall Mark be liable to any User of Mark, any client, nor any third party for any direct, indirect, special or consequential damages for actions taken pursuant to this AUP, including, but not limited to, any lost profits, business interruption, loss of programs or other data, or otherwise, even if Mark was advised of the possibility of such damages. Mark's liability for any breach of a condition or warranty implied by the General Terms of Service or this AUP shall be limited to the maximum extent possible to one of the following (as Mark may determine):

  1. supplying the services again; or
  2. paying the cost of having the services supplied again.