Last Updated: 02/14/23
Thank you for using Superlink Technologies, Inc.’s (“Superlink”) domain name registrar and related customization and community services (the “Services”). These Terms of Service (the “Agreement”) outline your use of the Services or purchase of any second level domains (“SLDs”) or any other product (“Assets”), and other important topics related to Superlink’s Services, such as arbitration. These Assets are derived from top level domains maintained on the Handshake root zone. Domains via the Handshake root zone are sometimes referred to as part of a category of “blockchain domains,” which are experimental and work differently than traditional domain names under the Domain Name System. Please read the following carefully. We also have a privacy policy, which outlines how we handle your data.
This Agreement is entered into by Superlink and the entity or person agreeing to these terms ("Customer" or “You” or “Your”) by Customer's access to and use of the Services and Assets via the website and its web pages located primarily at superlink.me offered by Superlink (“Site”), a Delaware corporation.
This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the "Effective Date"). These terms may be updated and presented again to the Customer from time to time, especially as we consider decentralization methods for SLDs. Continued use of the Services will mean that Customer accepts the updated terms. If Customer does not agree to the Agreement or does not meet the age requirement, please stop accessing this website and using the Services and Assets.
By accessing the Services, you confirm that you are not barred from purchasing or receiving the Services or Assets or accessing the Site under United States law and that you are able to bind the respective individual or entity. You confirm that you are at least 18 years old and meet the minimum age of digital consent.
We are constantly improving the Services, Assets, and Site to make them better. The Services are subject to modification and change. No guarantees are made with respect to the Services, Assets, or Site’s quality, stability, uptime, or reliability. In particular, there is no guarantee of specific name availability.
The value of the Assets are subjective and given the many unknowns about the technology, may not provide any value to You aside from the reservation of a second level domain on a ledger maintained by Superlink. The Assets may not resolve in all internet browsers or have other functionality You might want. While we are dedicated to improving the underlying technology and our Services, we have no control over and make no guarantees or promises with respect to the functioning of any Asset.
There is a risk of name collisions with other blockchains, ICANN-regulated domains, and other technologies. While the SLDs sold via Superlink stem from Handshake TLDs, there is inherent risk that there could be conflicting issues with other internet names.
The regulatory regime governing blockchain technologies remains uncertain, and new regulations, law, or policy may materially adversely affect the development and performance of the Services and utility of the Assets.
The Customer is responsible for the security of its account and password associated with maintaining and accessing its Assets. You accept the inherent security risks of providing information and conducting transactions over the internet.
The Site may allow You to access third-party websites. We provide access as a convenience and are not responsible for the content, products, or services on or available from those websites. You acknowledge that You have sole responsibility for, and assume all risk arising from Your use of third-party websites.
To the extent you attempt to transfer the Assets to a third party, that third party must independently agree to the Agreement in force at the date of transfer for the transfer to be effective.
When You purchase or otherwise acquire Assets You represent, acknowledge, and agree to the following:
a. Customer is not acquiring Asset(s) as an investment and has no expectation of economic benefit or profit as a holder of Asset(s);
b. Customer is acquiring Asset(s) for Customer’s own use or as a gift and not with a present intention or view to sell the Asset(s) to anyone else;
c. Customer will not acquire any equity or other ownership or legal interest in Superlink by virtue of owning Asset(s);
d. Customer will not portray Asset(s) as an investment or an opportunity to obtain an economic benefit or profit;
e. Customer has an adequate understanding of the functionality and characteristics of Asset(s);
f. Customer’s acquisition and use of Asset(s) complies with applicable laws and regulations in Your jurisdiction to its knowledge and does not rely on Superlink for this knowledge, including, without limitation, legal capacity, regulatory restrictions, and governmental consents;
g. Customer will not use Asset(s) for any illegal purpose or for any kind of wagering, betting, or gambling; and
h. Customer will comply with applicable tax obligations arising from Customer’s acquisition of Asset(s).
CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT ACCESS TO AND USE OF THE SERVICES AND ASSETS ARE AT CUSTOMER’S SOLE RISK, AND THAT THE SERVICES AND ASSETS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.
Customer is solely responsible for determining the appropriateness of using or redistributing the Assets and assumes any risks associated with use of the Services.
Superlink reserves the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses, and internet traffic information.
Superlink may in its sole discretion suspend, disable, and/or terminate the accounts of Customers who have been identified as engaging in potential infringing activities or for other related reasons.
For the avoidance of doubt, Superlink does not control the Handshake blockchain protocol on which digital assets related to the Assets may be derived.
We provide the Service and Assets as is, and we make no promises or guarantees about it. Customer understands and agrees that we will not be liable to Customer or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however they arise.
Customer is responsible for its use of the Service, Assets, and Site. If You harm someone else or get into a dispute with someone else involving Your use of the Service, Assets, or Site, we will not be involved.
If You knowingly infringe someone else’s intellectual property or right of publicity, violate these terms, or otherwise do illegal or beyond the intended scope things using our Services, Assets, or Site, and that costs us money in any way, we are going to seek collection of that money from You. We could also ask that You pay for our attorneys’ fees, etc. due to Your actions. In a more technical sense, to the fullest extent of the law, You will indemnify and hold Superlink and its affiliates and their respective officers, directors, employees, and agents, harmless from and against any claims, disputes, liabilities, damages, losses, costs, and expenses, including without limitation any fees and costs arising out of or in any way related to this Agreement, the use of our Services, Assets, or Site, or violation of this Agreement.
By using the Services, You may provide Superlink with personal information like Your email address and billing information. Our policy outlining what we do with Your personal information, and the rights You have with respect to Your personal information, can be found at https://assets.superlink.me/privacy-policy-v5.html. Both parties agree to comply with all applicable data protection laws. To the extent the parties need to enter into additional terms regarding data privacy or data transfers we will work together in good faith to enter into such terms.
At the beginning of the project, the Customer is purchasing a license to the centralized Assets prior to the Assets being decentralized. At any future point where the Assets might become decentralized, the license will convert to a full assignment of the property to the Customer.
Superlink respects the intellectual property and right of publicity of others. We may make available through the Site content that is subject to these rights. We, our licensors, or third parties who otherwise own the rights, retain all rights to that content. Examples of Superlink trademarks include but are not limited to “Superlink” and its logos.
For the purpose of rendering, providing, selling, promoting, or advertising the Services, Assets, or Site, by using the Services, Assets, or Site, You grant to Superlink, its successors and affiliates, a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, revocable copyright, trademark, and right of publicity license to use, reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute anything existing on, created, or uploaded on Superlink’s Site or Discord channel to the extent You have such rights. This license survives termination of this Agreement by any party, for any reason. Any revocation must be in writing to legal@superlink.me and provide Superlink at least thirty days to comply.
Superlink reserves the right to remove or disable access to any Service or Asset or other content that may infringe or repeatedly infringe upon the intellectual property or related right of another.
If You are a copyright owner (or acting for a copyright owner) and believe that copyright infringement is taking place on or through Superlink’s Site, please report the information by filling out the following form.
If You believe that any content via Superlink’s Site infringes Your copyright, You can send Superlink’s designated Copyright Agent a written notification of claimed infringement that contains substantially all of the following information: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material; (iii) information reasonably sufficient to permit us to contact You, such as an email address; (iv) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by You that the above information in Your notification is accurate and a statement by You, made under penalty of perjury, that You are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (vi) Your physical or electronic signature.
Superlink’s Copyright Agent for notification of claimed infringement is: Attn: Copyright Dept - Superlink, 2261 Market Street #5130, San Francisco, CA 94114, copyright@superlink.me, (415) 339-5835. This contact information is exclusively for the purpose of notifying Superlink of claimed copyright infringement.
If Superlink receives a notice of claimed infringement from a copyright owner, Superlink will take reasonable steps to notify the applicable Customer that the material has been removed or disabled. This notice may be by means of a general notice on a website or by written or electronic communication to such email address that You have provided to Superlink. Customer may provide counter-notification in response to such notice in a written communication directed to the Copyright Agent as described above that includes the following: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (ii) a statement by You, under penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) Your name, address, telephone number, and a statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located, or if Your address is outside of the United States, for any judicial district in which Superlink may be found, and that You will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and (iv) Your physical or electronic signature. Please note that under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
General Prohibitions
Customer agrees not to do any of the following in connection with Superlink Services, Assets, or Site:
Use, display, mirror, or frame in any way the Site or any individual element within the Site, Superlink name, any Superlink trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Superlink’s express written consent;
Access, tamper with, or use in any way non-public areas of the Site, Superlink’s computer systems, or the technical delivery systems of Superlink’s providers;
Spam;
Launder money;
Access or use the Services, Assets, or Site from a territory, company, or person that is prohibited by the U.S.;
Utilize the Services or Assets to artificially devalue or inflate prices/values;
Claim any username for the purpose of reselling it, confusing others, deriving others’ goodwill, or otherwise engage in name squatting;
Use automated tools to access, interact with, or generate Assets through the Services;
Violate any applicable law or regulation; or
Directly or indirectly encourage or enable any other individual to do any of the foregoing.
ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) ("Dispute") WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, USA, EXCLUDING CALIFORNIA'S CONFLICTS OF LAWS RULES.
THE GOVERNING LAW AND FORUM CHOICE IS APPLICABLE AND WILL APPLY REGARDLESS IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES. Sorry for putting that in caps, but hopefully You read it carefully. We're talking about serious and reasonably meritorious legal claims, not personal disputes that don't cause economic harm.
The parties will try in good faith to settle any Dispute within 30 days after any Dispute arises. As part of this informal resolution process, You must deliver Your written notice via first-class mail to 2261 Market Street #5130, San Francisco, CA 94114 with an email copy to legal@superlink.me. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules").
The parties will mutually select one arbitrator. The arbitration will be conducted in English in Santa Clara County, California, USA.
Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.
The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property.
Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.
Superlink may invoice You for Your use of the Services or purchase of Assets through an unaffiliated, third party payment service provider. The third party service provider’s terms of service shall govern and supersede this Agreement in case of conflict.
At any point prior to decentralization, if your use of the Assets violates this Agreement, Superlink may at its sole discretion revoke your license to the Asset(s) in exchange for a full refund. If You are unhappy with any Service or Asset, please contact us at support@superlink.me and we will work to address the issue.
Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
This Agreement does not create any agency, partnership, or joint venture between the parties.
If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
This Agreement does not confer any benefits on any third party unless it expressly states that it does.
Any failure by Superlink to enforce any right or term of this Agreement will not be
considered a waiver of such right or term. The waiver of any such right or term will be
effective only if in writing and signed by a duly authorized representative of Superlink. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
The sections and obligations in this Agreement that a reasonable person would expect to survive this agreement, will. Particularly the IP and privacy sections.
If You have any questions, please do not hesitate to reach out to us at support@superlink.me.