Terms of Use

TERMS OF USE

HNS.ID is a Namebase, Inc. (“Namebase,” “we,” “us”) website that facilitates the sale and purchase of Handshake (“HNS”) NFT Domains. This website and Namebase’s related services, unless otherwise stated, will be collectively referred to as “HNS.ID”. Holders of top-level HNS domains (“TLDs”) who offer second-level domains (“SLDs”) on our site, and buyers of those domains (“Registrants”) use services provided by Namebase, which are explained below.

By using our website https://hns.id (opens in a new tab), or any associated websites, APIs, or mobile applications (collectively the “Site”) you agree that you have read, understood, and agree to be bound by all of these Terms of Use, as they apply to you and your use.

These Terms may be updated from time to time and may be indicated with an “Updated” date on these Terms. If we make any substantial changes, we will notify you by prominently posting notice of the changes on our Site.

The Site is intended for users who are at least 18 years old. People under the age of 18 are not permitted to use the Site.

ACCESS TO THE SITE AND HNS.ID SERVICES

I. DEFINITIONS

  • Namebase Services - Smart Contracts that were written and deployed by Namebase to enable the sale, purchase and use of HNS SLDs as NFTs

  • NFT Domain - A domain that exists as a non-fungible token on a blockchain

  • HNS - Abbreviation for Handshake, unless used as HNS.ID

  • HNS.ID Services - The services offered specifically by this site, which are to show TLDs that are available for the registration of SLDs

  • Registrant - A buyer of SLD NFT domains offered for sale via the Site

  • SLD - Second-level domain, here an NFT domain

  • Smart Contract - A program that is deployed to a blockchain and executes when certain conditions are met. Here, smart contracts are resident on the Optimism network and execute NFT domain transactions.

  • TLD - Top-level domain. Here, a Handshake domain that is staked to allow the registration of second-level domains. For example, .hey

  • TLD Holder - An owner of a TLD who is offering related SLD domains for sale

  • Transacting Party - A TLD Holder or Registrant

II. SERVICES

HNS.ID is a Namebase Inc. website that provides information on Handshake TLDs that are available for the registration of SLD NFTs. Registration of SLD NFTs is enabled on the Optimism blockchain by smart contracts developed by Namebase. Additionally, HNS.ID provides Domain Name Service (DNS) resolution service to these SLDs.

HNS.ID is not:

  • A wallet provider
  • An exchange, broker, payment processor, or financial institution

HNS.ID does not have custody or control of the wallets, blockchains, or networks you may interact with on this site.

II. LICENSE TO USE

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, and personal license to use and access the Site and related content, materials, information (collectively, the "Content"). Any other use of our Site or Content is expressly prohibited and all other right, title, and interest in the Site or Content is exclusively the property of HNS.ID.

III. CERTAIN RESTRICTIONS

The rights granted to you in these Terms are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or our Content, whether in whole or in part; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you will not access the Site or services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site or its Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.

All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

IV. SITE AVAILABILITY + SERVICE

HNS.ID will use commercially reasonable efforts to attempt to provide the Site and the HNS.ID Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or its specific Services on a continuous or uninterrupted basis, and that we assume no liability to You or any other party with regard to such, including but not limited to loss of revenue.

V. SLD NFT DOMAIN SALE + PURCHASE

The sale and purchase of NFT domains take place on the Optimism blockchain network and are entirely controlled by Optimism. Neither HNS.ID nor Namebase make any representations regarding the availability of those services.

VI. TRADEMARKS + INTELLECTUAL PROPERTY RIGHTS.

As a TLD Holder or a Registrant (each a “Transacting Party”), you are solely responsible for ensuring that you do not violate another party’s Intellectual Property rights. You are responsible for the SLDs that you register and for how you use the SLDs.

As a Transacting Party, you acknowledge and agree that Namebase bears no responsibility with respect to trademark or intellectual property compliance. You further agree that if your sale and/or use of a TLD or SLD is determined by Namebase, in its sole discretion, to violate the rights of another, Namebase may take any steps it deems necessary. If Namebase determines that it must take-action against the SLD, you agree that you have no right to damages of any nature and that the Indemnification Terms herein apply.

VII. SMART CONTRACTS

When you register a new SLD, or offer a TLD you own to potential SLD registrants, you interact with smart contracts written by us and resident on the Optimism blockchain network. Smart contracts on the blockchain are by nature immutable, and we are not able to reverse or modify transactions that you undertake. Likewise, the smart contracts may be used without using the Site, and we do not control who may access them. From time to time, we may release updates to the smart contracts.

VIII. MANAGING YOUR WALLET: YOU ACCEPT SOLE RESPONSIBILITY

Sales of SLDs shown on this site take place on the Optimism network and require you to have an Optimism wallet. If you are a TLD Holder who sells SLDs, you may be required to link this wallet to your Namebase account. We are providing this notice to ensure you understand that this wallet is a Self-Custody Crypto Wallet.

SELF-CUSTODY CRYPTO WALLETS ARE WALLETS MANAGED ENTIRELY BY YOU. THEY HOLD CRYPTOCURRENCY AND CRYPTO ASSETS SUCH AS THE TLDS AND SLDS SHOWN ON THIS SITE.

YOU MUST MANAGE YOUR WALLET WITH CARE. ENSURE THAT YOU SAFEGUARD YOUR CREDENTIALS AND PRIVATE KEY. ENSURE THAT YOU DON’T LOSE YOUR CREDENTIALS AND PRIVATE KEY.

WHY IS THIS SIGNIFICANT? IF YOU LOSE YOUR CREDENTIALS AND PRIVATE KEY, YOU LOSE EVERYTHING IN YOUR WALLET. IT IS NOT RECOVERABLE BY US, OPTIMISM OR ANY OTHER PARTY.

IX. INDEMNIFICATION

You agree to indemnify and hold Namebase, its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, or (c) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Namebase. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

X. DISCLAIMERS

THE SITE AND SERVICES OF NAMEBASE WHICH INCLUDE THE SMART CONTRACTS THAT ENABLE THE SALE AND PURCHASE OF TLDS AND SLDS, ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, NAMEBASE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

XI. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL HNS.ID BE LIABLE TO YOU OR ANY THIRD PARTY (A) FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF HNS.ID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICE. ACCESS TO, AND USE OF, THE SERVICE, PRODUCTS OR THIRD-PARTY SITES, AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF HNS.ID ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, OR NFTS EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY NAMEBASE FOR ITS SERVICE TO YOU DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

XII. DISPUTE RESOLUTION

  1. Arbitration Disputes arising under, related to, or in connection with this Agreement including requests for specific performance, will be resolved through the binding arbitration provisions of our Terms of Use. The arbitration will be conducted in the English language and will occur in Maricopa County, Arizona.

  2. Severability; Conflicts with Laws. These Terms shall be deemed severable; the invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of the balance of these Terms or of any other term hereof, which shall remain in full force and effect. If any of the provisions hereof are determined to be invalid or unenforceable, the parties shall negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible.

XIII. TERMINATION

Subject to this Section, these Terms will remain in full force and effect while you use the Site and related Services. We may suspend or terminate or suspend your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site, in violation of these Terms. You agree and understand that we have the right to take any and all necessary and appropriate actions pursuant to these Terms and/or applicable laws and regulations. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately.

XIV. PRIVACY

You are not required to provide personal information to use the Site. The Site uses minimal cookies and analytics. You can find more information in the Privacy Notice, here [link]

HNS TLD HOLDER TERMS & CONDITIONS

To offer SLDs for sale/registration on our site, below are the steps required and Terms & Condition to which you agree.

  1. Namebase Account. Offering SLDs on our site requires a Namebase account. If you don’t have a Namebase account, you can create one here (opens in a new tab).
  2. Optimism + Optimism Wallet. SLDs are offered using the Optimism blockchain. As such, you will need to have an Optimism Wallet and agree to any required Optimism terms.
    • Linked Wallet. To enable you to register your TLD with Optimism, offer SLDs and receive payment for registrations, you may need to link your Optimism Wallet to your Namebase Account.
    • Payment. Payment for registrations of SLDs are made by Optimism in ETH token and paid directly to your Optimism Wallet. You acknowledge and agree that Optimism is solely responsible for such transactions and payments.
    • Pricing. Pricing for your SLDs is determined solely by you and is set directly within the Optimism blockchain according to the smart contract rules. You agree that five percent (5%) of registration fees (original registration and renewals) will be paid to Namebase for its Handshake Development Fund or other related purpose. For example, if you sell a SLD for $3.00, you will receive $2.85 in ETH, and Namebase will receive $0.15.
  3. Staking Your TLD. You are required to Stake with Namebase any / all TLDs for which you wish to sell SLDs.
    • Fees. When you Stake your TLD, you will be charged a one-time Staking Fee of $100. This staking fee is non-refundable, even if the TLD is unstaked.
    • Term. You agree that you must keep your TLD Staked with Namebase for as long as there are active SLDs under it.
  4. Connecting your Optimism wallet to HNS.ID To display your TLDs on HNS.ID, you will need to connect your Optimism wallet to HNS.ID.
  5. Namebase + Namebase Services. Namebase has written and deployed smart contracts to the Optimism network that will enable you to sell SLDs once you have staked the related TLD with Namebase. The SLDs may then be offered on this site, in addition to other marketplaces.
  6. VI. Optimism Network. You acknowledge that you understand that all transactions operate on the Optimism blockchain and are subject to its Smart Contracts and fees. Optimism’s transactions are fully transparent, cannot be changed, and live on the blockchain forever.

HNS SLD REGISTRANT TERMS & CONDITIONS

  1. Optimism + Optimism Wallet. SLDs are offered using the Optimism blockchain. As such, you must have an Optimism Wallet and agree to any required Optimism fees.

    • Payment. Payment is made by you to the owner of the TLD via a smart contract on the Optimism network. Payments are made in ETH. The Site does not process your payment, it only submits the transaction to the network.
    • Pricing. Pricing is determined solely by the owner of the TLD.

  2. Reselling. The SLD you purchase is an NFT wholly owned by you, and as such you may resell it like any other NFT. The Site does not currently provide a marketplace for reselling SLDs.

  3. Domain Name Resolution Services. HNS.ID provides Domain Name Resolution services (DNS) allowing your domain to be resolved by conventional web browsers and similar technology. At our discretion, we may discontinue resolution services for a domain for violation of these terms or for any other reason.

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