1. Overview
    1. Thank you for visiting our website at https://ens.domains/ (“Website”).
    2. By accessing and using any part of this Website or the website-hosted user interface accessible at https://app.ens.domains/ (“Interface”), you have indicated acceptance to be legally bound by these Terms of Use. If you do not agree to these Terms of Use, your sole and exclusive remedy is to exit this Website and/or Interface (as the case may be).
    3. For the purposes of these Terms of Use, references to “ENSF”, “we”, “us” or “our” shall refer to the ENS Foundation (a foundation company limited by guarantee, incorporated in the Cayman Islands). We may, from time to time, engage independent subcontractors to operate and/or maintain the Website and the Interface (“Subcontractors”).
    4. These Terms of Use govern access to and use of our Website and any services provided via our Interface (as defined below). You must not access or use our Website or Interface except in accordance with the Terms of Use, any applicable laws and any other notices, policies or conditions that ENSF may issue to the public or to you, or update on this Website, from time-to-time.
    5. These Terms of Use may be updated from time to time. All changes will be published on this page, and your use of this Website after such changes have been published will indicate your agreement to the modified Terms of Use and all of the changes. As such, you are reminded to check the Website on a regular basis to obtain the most updated version of the Terms of Use.
    6. In the event of any inconsistency between the provisions in these Terms of Use and any terms and conditions of a separately signed agreement with you to the extent that such agreement authorises you to use our Website or Interface, the terms and conditions in such separately signed agreement shall prevail.
  2. Eligibility
    1. This Website and Interface is available only to entities and persons who have reached the age of legal majority and are competent to enter into a legal binding agreement under applicable laws.
    2. By accessing or using the Website and/or Interface, you represent to us and the Subcontractors that:
      1. you are at least eighteen years’ old, or the age of majority in your jurisdiction, whichever higher and have the full right, power, and authority to enter into and comply with these Terms of Use on behalf of yourself and any company or legal entity for which you may access or use the Website and/or Interface; and
      2. you are not:
        1. the subject of sanctions administered or enforced by the United Nations, the European Union, any country in the European Union, the United States of America, Singapore, or any other country or governmental authority (“Sanctions”);
        2. a citizen of, located in, resident in, or organized under the laws of, any jurisdiction that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization, such as the Financial Action Task Force, or subject of Sanctions;
        3. your access and use of the Website and/or Interface will fully comply with all applicable laws and regulations, and that you will not access or use the Website and/or Interface to conduct, promote, or otherwise facilitate any illegal activity; and
        4. you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as Ether, Ethereum Name Service token and other digital assets such as those following the ERC-20 token standard. In particular, you understand that blockchain-based transactions are irreversible and that we have no control over the functioning of the Ethereum blockchain and associated blockchain networks and ENSF and the Subcontractors shall not be liable for any issues arising therefrom.
  3. Use of Website
    1. You must not do or attempt to do anything of the following, or use this Website to do any of the following, without our prior written consent:-
      1. use this Website in any manner that could damage, disable, overburden or impair any service provided or function of via the Website (or the network(s) connected to the Website) or interfere with any other party’s use or enjoyment of any such service or the Website;
      2. access the Website from a different blockchain address if we have blocked any of your other blockchain addresses from accessing the Website unless you have our written permission first;
      3. gain unauthorised access to the Website, other accounts, computer systems or networks connected to the Website, or our internal and external servers through hacking, password mining or any other means;
      4. obtain or attempt to obtain any materials, content or data through any means not intentionally made available through the Website;
      5. manipulate any content on the Website by way of hacking, backdoor code insertion, or any other means;
      6. decompile, reverse engineer or disassemble our Website;
      7. infringe or misappropriate our IPR (as defined below) or the IPR of any person;
      8. use our Website in any manner that could negatively affect or is prejudicial to ENSF’s reputation;
      9. use our Website or services provided for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to ENSF;
      10. use our Website, or services provided by ENSF directly or indirectly, for, on behalf of, or for the benefit of any natural or legal person that is (i) the subject of Sanctions, or (ii) citizen of, located in, resident in, or organized under the laws of, any jurisdiction that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization, such as the Financial Action Task Force, or subject of Sanctions; or
      11. use our Website in any manner or for any purpose that is unlawful or prohibited by these Terms of Use or any other notices and conditions that ENSF may issue from time-to-time.
    2. In these Terms of Use:
      1. IP” means all technology and intellectual property, regardless of form, including:
        1. copyrights, published and unpublished works of authorship, including audiovisual works, collective works, computer programs (including source code and object code), compilations, databases, derivative works, user interfaces, graphics, literary works, maskworks, and sound recordings (“Works of Authorship”);
        2. inventions and discoveries, including articles of manufacture, business methods, compositions of matter, improvements, machines, methods, and processes and new uses for any of the preceding items (“Inventions”);
        3. text, images, service marks, symbols, devices, designs, trade dress and other designations, and combinations of the preceding items, used to identify or distinguish a business, good, group, product, or service or to indicate a form of certification, including logos, product designs, and product features (“Trademarks”);
        4. information that is not generally known or readily ascertainable through proper means, whether tangible or intangible, including algorithms, ideas, designs, formulas, know-how, methods, processes, programs, prototypes, systems, and techniques.
      2. IPR” means all rights in, arising out of, or associated with IP in any jurisdiction, including:
        1. rights in, arising out of, or associated with Works of Authorship, including rights in user interfaces, graphics, databases and rights granted under applicable copyright laws;
        2. rights in, arising out of, or associated with Inventions, including rights granted under applicable patent laws;
        3. rights in, arising out of, or associated with Trademarks, including rights granted under applicable trademark laws;
        4. rights in, arising out of, or associated with confidential information, including rights granted under applicable trade secrets laws;
        5. rights in, arising out of, or associated with a person’s name, voice, signature, photograph, or likeness, including rights of personality, privacy, and publicity (“Personality Rights”);
        6. rights of attribution and integrity and other moral rights of an author (“Moral Rights”); and
        7. rights in, arising out of, or associated with domain names.
    3. Except as otherwise provided or agreed between you and ENSF, the IP of our Website, including but not limited to the contents of our Website, text, software, code, scripts, webpages, graphical user interface, photographs, video, graphics or other material, are for your personal and non-commercial use only. The IP of our Website shall not be used, modified, reproduced, republished, uploaded, posted, transmitted, performed, licensed or otherwise used or distributed in any way, without the prior permission of ENSF. Any action as such will be a violation of ENSF’s, its Subcontractors’ or third parties’ IPR. To use any parts of the contents of our Website other than for personal and non-commercial use, the user must seek permission from ENSF and/or the relevant third party in writing. ENSF reserves the right to refuse permission without providing any reasons.
    4. This Website contains hyperlinks to other websites which are not maintained by or under the control of ENSF (“Linked Sites”). ENSF, and its Subcontractors are not responsible for the contents, accuracy, availability, or functionality of those Linked Sites, including (without limitation) any link contained in a Linked Site or any updates to a Linked Site, and shall not be liable for any damages, loss or any other consequences arising from access to those Linked Sites. Use of the hyper-links and access to such Linked Sites are entirely at your own risk.
    5. Hyperlinks to Linked Sites are provided as a convenience to the user. In no circumstances shall ENSF or its Subcontractors be considered to be associated or affiliated with any trade or service marks, logos, insignia or other devices used or appearing on Linked Sites to which this Website is linked. You are responsible for viewing and abiding by the terms of use or other policies of each Linked Site you access.
    6. Your linking to, or your framing of this Website or any of the contents constitutes acceptance of these Terms of Use. This is deemed to be the case even after any changes or modifications to these Terms of Use are published. If you do not accept these Terms of Use, you must discontinue linking to, or framing of this Website or any of the contents therein.
    7. Under no circumstances shall ENSF or its Subcontractors be considered to be associated or affiliated with any trade marks, logos, insignia or other devices used or appearing on Websites that link to this Website or any of the contents.
  4. Use of Services – ENSF Interface
    1. The decentralised open source blockchain based naming protocol known as the Ethereum Name Service (“Protocol”) maintains a registry of all domains and subdomains based on the Ethereum blockchain through a series of smart contracts deployed on the Ethereum blockchain. Users may, through interacting with the Protocol, search such registry, register domains and subdomains and manage their registered names. The Interface is one, but not the exclusive, means of accessing the Protocol. You are responsible for conducting your own diligence on interfaces enabling you to access the Protocol to understand the fees and risks that they present.
    2. Although legal entities associated with or engaged by ENSF (including the Subcontractors) may have developed much of the initial code for the Protocol, they, and ENSF do not provide, own, or control the Protocol, which is run by smart contracts deployed on the Ethereum blockchain. Upgrades and modifications to the Protocol are managed in a community-driven way by holders of the Ethereum Name Service token.
    3. IMPORTANT DISCLAIMER: By accessing or using the Protocol whether via the Interface or otherwise, you hereby forbear to sue ENSF (including for the avoidance of doubt the Subcontractors), its employees, directors, agents and/or any of its affiliates for any losses, damages or costs incurred or which may be incurred by you as a result of use of the Interface and/or Protocol. You expressly acknowledge that no developer or entity involved in creating and deploying the Protocol will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the Protocol, including without limitation any direct, indirect, special, incidental, exemplary or consequential damages, or loss of profits, business or goodwill, digital assets, or anything else of value and hereby release ENSF, the Subcontractors, each of its/their employees, directors, agents and/or any of its/their affiliates from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to the use of the Interface and/or Protocol.
    4. You must not use our Interface in any of the manners set out in Clause 3.1 above, which shall apply mutatis mutandis to use of our Interface.
    5. You understand that anyone can register and own a domain name (and its subdomains) that is not already registered on the registry maintained by the Protocol. You further understand that names registered on the registry maintained by the Protocol may expire and you are responsible for monitoring and renewing the registration of such names. As mentioned in Clause 4.2 above, you acknowledge that ENSF and its Subcontractors are not able to forcibly remove, prevent or otherwise interfere with the ability of any person to register a domain name on the registry operated by the Protocol and, without prejudice to the generality of Clause 4.3 and Clause 6 herein, you hereby forbear to sue ENSF, the Subcontractors, each of its/their employees, directors, agents and/or any of its/their affiliates, and acknowledge that ENSF and the Subcontractors will not be liable for any claims or damages whatsoever associated with your use, inability to use any domain names subject of registration, or to be registered, on the registry maintained by the Protocol.
    6. You agree that the Interface is a purely non-custodial application, meaning you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold. These Terms of Use are not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and foregone. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms of Use.
    7. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time.
    8. The Interface may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Interface. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that these Terms of Use do not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.
    9. Except as otherwise provided or agreed between you and ENSF, the IP of our Interface, including but not limited to the contents of our Interface, text, software, code, scripts, webpages, graphical user interface, photographs, video, graphics or other material, are for your personal and non-commercial use only. The IP of our Interface shall not be used, modified, reproduced, republished, uploaded, posted, transmitted, performed, licensed or otherwise used or distributed in any way, without the prior permission of ENSF. Any action as such will be a violation of ENSF’s, its Subcontractors’ or third parties’ IPR. To use any parts of the contents of our Interface other than for personal and non-commercial use, the user must seek permission from ENSF and/or the relevant third party in writing. ENSF reserves the right to refuse permission without providing any reasons. For the avoidance of doubt, unlike the Interface, the Protocol is comprised entirely of open-source or source-available software running on the public Ethereum blockchain.
    10. We may require you to enter into separate written agreements with us to use our Interface. In such an event, the Terms of Service are to be read together with such written agreements but the written agreements will prevail in the event of any express conflict or inconsistency.
  5. Indemnification

    You shall fully indemnify ENSF, our affiliates, officers and employees, and our Subcontractors and partners and their officers or employees, against all actions or claims arising out of your breach of the terms and the provisions contained herein or in connection with your access to or use of our Website, Interface, the Protocol or services.
  6. Disclaimer of warranties
    1. Your access to and use of our Website, Interface and services is at your own risk. Our Website, Interface and the contents and services provided on or via our Website and Interface are provided on an “as-is” and “as-available” basis without warranties or representations of any kind. ENSF and its Subcontractors do not warrant or represent and disclaim any warranty or representation, whether implied, express or statutory and including (without limitation):
      1. any warranty or representation as to the accuracy, correctness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of any contents or functions on our Website or Interface;
      2. any warranty or representation that the contents and services available on or through our Website or Interface will be uninterrupted or error-free, or that any defects will be corrected; or
      3. any warranty or representation that the Website, Interface and the servers are and will be free of all viruses or other harmful or destructive elements; and
      4. any warranty or representation that certain product / company names or material displayed on the Website or Interface may be IP belonging to third parties. ENSF does not warrant or represent that if you use such material you will not infringe the legal rights of these third parties.
    2. ENSF, the Subcontractors, its/their employees, directors, agents and/or any of its/their affiliates shall also not be liable for any losses, damages or costs incurred or which may be incurred by you as a result of the use of the Website, Interface, Protocol or services provided via the Website, Interface or Protocol including (without limitation) any damage or loss suffered as a result of reliance on the contents contained in or available from the Website or Interface, or any system, server or connection failure, error, interruption or delay in transmission. You expressly acknowledge that ENSF and the Subcontractors will not be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the Website and/or Interface, including without limitation any direct, indirect, special, incidental, exemplary or consequential damages, or loss of profits, business or goodwill, digital assets, or anything else of value and hereby release ENSF, the Subcontractors, its/their employees, directors, agents and/or any of its/their affiliates from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to the use of the Website and/or Interface.
  7. Limitation of Liability

    To the fullest extent permitted by applicable laws, the total aggregate liability owing by us or to you arising out of or in connection with these Terms of Use, access to and use of the Website, Interface, Protocol and the services shall be capped at no more than five hundred Singapore Dollars (SGD 500).
  8. General
    1. New services
      ENSF has the right, but will not be obliged to adapt and/or modify our Website or Interface or to introduce new services, functions and/or features (all such adaptations, modifications and/or new services, functions, applications, interfaces and features to be collectively referred to as “New Services”). The term “service” shall include New Services unless otherwise indicated. All New Services shall be governed by these Terms of Use and may be subject to additional terms and conditions (“Additional Terms”) which you shall be required to agree to before you proceed to use such New Services. In the event of any inconsistency between these Terms of Use and the Additional Terms, the Additional Terms shall prevail.
    2. Force majeure. Notwithstanding any other provision in these Terms of Use, ENSF and the Subcontractors will not be liable for non-performance, error, interruption or delay in the performance of our obligations, including (without limitation) the operations of the Website or the provision of any services via the Website or Interface, if this is due in whole or in part, directly or indirectly to a cause beyond ENSF’s or its Subcontractors’ reasonable control. Such causes include (without limitation):
      1. acts of God, including (without limitation) flood, lightning, fire, earthquakes and other natural disasters, including epidemics or pandemics as defined by the World Health Organisation;
      2. power failure, communications line interruption, technical and computer-related faults and breakdowns, server outage, website vandalism, computer virus invasion or attack, hacker attack, temporary or permanent website closure or shutdown (caused by governmental control or otherwise);
      3. judgments, legislation, acts, orders, directives, policies, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any court, governmental, parliamentary and/or regulatory authority imposed or to be imposed after the fact; and
      4. acts or omissions of any third party service providers or suppliers, or a party for whom ENSF is not responsible.
    3. Notices. Any notices, demands or other communications, may be deemed served by ENSF by publishing them on this Website or by email or such other methods as prescribed in these Terms of Use from time to time. All such notices, demands or other communications are deemed served on you when:
      1. published on this Website;
      2. if by email, when sent to your email address notified to ENSF in writing; such email notice shall be effective on the date and time of transmission by the email server used by ENSF and/or our service provider, unless ENSF receives a non-delivery reply message or any error message indicating that the email was not successfully sent to your mailbox or your mail server or the mailbox of your designated service provider within twenty four (24) hours from the time of transmission of the email from the email server used by ENSF or our service provider; or
      3. such other method as prescribed in these Terms of Use as amended from time to time.
    4. Records. You acknowledge and agree that ENSF’s records of the communications, transactions, instructions or operations made or performed, processed or effected through the Website by: 1. you or any person purporting to be you, acting on your behalf or purportedly acting on your behalf, with or without your consent; and 2. ENSF or any relevant person authorised by ENSF relating to the Website or the Interface (including the Subcontractors), shall be binding on you for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations. You agree that such records are admissible as evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were in electronic form or were produced by or are the output of a computer system, and hereby waive any of your rights (if any) to so object.
    5. Termination or Suspension. We reserve the right to temporarily suspend or permanently disable your access to all or any part of our Website and/or Interface at any time for any reason, including (without limitation) where we suspect you to be in breach of these Terms of Use, without notice. Clauses 1.2, 2.2, 3.3, 4.3, 4.5, 4.9, 5 to 8 and any other right or obligation of the parties in these Terms of Use that, by its nature, should survive termination, expiration or assignment of these Terms of Use, shall survive any expiration, termination or assignment of these Terms of Use.
    6. Entire Agreement. These Terms of Use and any other documents incorporated herein by reference, constitutes the sole and entire agreement of the parties with respect to the subject matter of the Terms of Use and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
    7. No Waiver. The rights and remedies of each party shall not be affected by any failure to exercise or delay in exercising any right or remedy or by the giving of any indulgence or by anything whatsoever except a specific waiver or release in writing and any such waiver or release shall not prejudice or affect any other rights or remedies of such party. No single or partial exercise of any right or remedy shall prevent any further or other exercise thereof or the exercise of any other right or remedy.
    8. Severability of provisions. If any provision or part thereof of these Terms of Use is held to be invalid or unenforceable, such provision or part thereof shall be removed, or modified to the minimum extent necessary to effect our commercial intention, and the remaining provisions shall remain unchanged, valid and enforceable.
    9. Third Party Rights. A person who is not a party to these Terms of Use has no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore, to enforce any terms of these Terms of Use.
    10. Governing law. These Terms of Use shall be governed by and construed in accordance with the laws of Singapore.
    11. Dispute resolution.
      1. In the event of a dispute arising out of or in connection with these Terms of Use, the parties to the dispute shall use all reasonable efforts to resolve the dispute amicably.
      2. If the dispute has not been amicably resolved within thirty (30) days of one party giving written notice of a dispute to the other, any dispute, controversy or claim arising under, out of, in connection with or in relation to these Terms of Use, including any dispute as to its existence, validity, interpretation, performance, breach or termination and any dispute relating to any non-contractual obligations arising out of or in connection with it shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this Clause, and the conduct of the arbitration thereof shall be under the administration of the Singapore International Arbitration Centre. The arbitral tribunal shall consist of one (1) arbitrator. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English. This arbitration agreement shall be governed by the laws of Singapore. This Clause shall not affect the right of any party to these Terms of Use to seek such urgent interlocutory relief and the parties to these Terms of Use agree irrevocably and unconditionally to submit to the exclusive jurisdiction of the courts of Singapore in respect thereof.