By using and/or participating in the Domain Apps Program, you acknowledge that you have read, understood and agreed to be bound by the terms and conditions of this Agreement (as amended from time to time by us in our sole and absolute discretion). The Terms of Service and other policies posted at that site govern said accounts and visits.
II. General Terms and Conditions of Service
A. Credit Card Information
You must provide us with accurate and complete payment information at any time, including your credit card information, as requested by us. You may not request a "charge back" for any reason. In the event you request a "charge-back" you agree to pay us $350 USD as liquidated damages for your breach of this element of our Agreement. We are not responsible for any service outages due to your provision of incomplete or inaccurate credit card or other billing information.
B. Past Due Accounts
Accounts are past due when payment has not been received within 3 calendar days of our attempting to charge your designated credit card account. Accounts 7 days or more in arrears will result in account access being interrupted or terminated, in our sole discretion. Termination or interruption of services does not relieve the affected member of his/her legal obligation to bring his/her account current. Past due accounts are subject to a $10 USD late fee. Members agree to pay all reasonable attorney's fees, costs, and fees for collection of amounts due. Members agree that we may assign this Agreement to a third party collection agency or legal firm for the purpose of collecting any monies owed to us pursuant to the terms and conditions of this agreement.
All past due accounts may be terminated, and upon termination, all files and email relating to that member, other than those required for our collection efforts, will be permanently removed. Terminated members may reapply for membership only if they bring their previous account current, including all related fees and costs that we have incurred in an attempt to collect on the defaulted account.
We may charge your credit card account at anytime with no prior notice to you for any past due amounts.
C. Non-Transferable Status of Accounts
All memberships are non-transferable in nature. We may freely transfer all or part of this Agreement to any third party or entity at will and without restrictions of any nature.
D. Your Obligations of Confidentiality
Members may be given access to various trade secrets, copyrighted information and other proprietary information and content ("Protected Content"). Such protected content may be ideas, techniques, sketches, drawings, works of authorship, models, inventions, know-how, processes, apparatuses, equipment, algorithms, software programs, software source documents, and formulae related to the current, future, and proposed products and services of each of the parties, and including, without limitation, their respective information concerning research, experimental work, development, design details and specifications, engineering, financial information, procurement requirements, purchasing, manufacturing, customer lists, investors, employees, business and contractual relationships, business forecasts, sales and merchandising, marketing plans and information the disclosing party provides regarding third parties. Delivery of such protected content may be via text, audio, video, graphics or other formats. You agree to keep confidential our Program and Services, including but not limited to URLs, parameters, data reported, revenues earned and the look, feel and functionality of the Program and Services.
All members agree as consideration to their being granted access to Protected Content, that they will keep such Protected Content secret and confidential. This means that members may not divulge, distribute, reproduce, sell, lease, give away, copy, broadcast or in any way allow any third party or entity to have access to any element of the Potected Content. Violation of this obligation of confidentiality will be construed as a violation of various laws, including, but not limited to, trade secret laws, as well as a violation of this Agreement, and a violation of other related laws such as patent, copyright and other intellectual property laws. Naturally, no member may use any element of the protected content for commercial use that is not authorized in writing by the owner of the Protected Content.
This provision shall survive the termination of any member's membership.
E. Your Agreement to Accept our Emails to You
All members are automatically opted-in at sign-up for announcements via email. We reserve the right to contact any member for the purpose of making announcements that will inform of members of important notifications or updates. All AOL members must request to be included in email messages from us. Any indication to AOL that our email messages to your are Spam, regardless of whether or not we are placed on the AOL "Blacklist" will incur charges from us regarding our correction of the Black List status, which will be charged to your credit card. A minimum fee of US$500 will be charged to your credit card, and if our actual costs are greater, a greater fee will be charged as liquidated damages for your violation of this aspect of our Agreement. You may not opt out regarding receiving membership related email from us. If you do not want to receive email from us you must cancel your membership. We do not refund membership fees. You may opt-out of receiving our standard newsletter as the standard newsletter does not include important service notifications. We encourage our members to receive the newsletter as it contains content that is useful to our membership.
F. General Rules of Conduct
Site members and visitors may not:
- Violate the law of any jurisdiction while visiting our site or using any tool or service that we provided.
- Harass or Cyberstalk any user.
- Conduct any activity that is harmful or detrimental to our site as solely determined by us.
- Post any information or content that is obscene, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction.
- Upload any material that is harmful to our users' computers or objectionable to our community as a whole.
- Falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent.
- Falsely represent your professional or business credentials or professional background.
- Violate the intellectual property or other rights of any third party.
You must be of adult age in your jurisdiction to use this site or to become a member of this site. In any event, no user or member may be under the age of 18 years of age. Parents or guardians of minors may enroll as a member on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.
We may post rules, guidelines or policies. Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein.
In addition to all other restrictions contained herein, members may not engage in the following:
- Spamming. Any activity generally described as "spamming" by the Internet Community, such as unsolicited emails, irrelevant or commercially based postings for any purpose will result in membership being terminated without prior notice to the member.
- Racist, intolerant, "hate," defamatory, "stalking," invitations to fight, threatening or any post of any nature that we decide, in our sole discretion, as being improper, will result in membership termination without prior notice.
G. Termination of Membership
By user may terminate their use or membership at this site at any time. We may terminate usage or membership of any person or entity at any time for any reason we deem appropriate with no prior notice to the person or entity whose membership or usage is being terminated. Either party may terminate this Agreement effective immediately if the other party is in default of any material obligation under this Agreement, and such default shall have continued uncured for a period of 30 days following written notice of such default given by the non-defaulting party to the defaulting party. All provisions dealing with choice of law, forum selection, and the obligations of member to protect our intellectual property, confidentiality, trade secret and proprietary interests shall survive termination.
We may terminate this Agreement effective immediately and without notice if (i) your account remains idle for any consecutive 30-day period if we determine that the account is not active because it has been abandoned or established in bad faith by the account holder; (ii) we determine, our sole and absolute discretion, that the quality or nature of the traffic delivered by you is not satisfactory; (iii) we determine, in our sole and absolute discretion, that you have violated any term or condition of this Agreement or are otherwise delivering any fraudulent or questionable traffic.
We shall not pay you any commissions if we determine that you have violated any term or condition of this agreement.
I. Disclaimer of Warranty
We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the site, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the site. The site and all content contained, distributed, sold or published via the site are provided to you "As Is, Where Is", without any warranty of any kind, express or implied.
J. Your Indemnification Obligations Include the Following:
You will personally indemnify and hold us, including all officers, employees, agents, contractors and partners, harmless, including all reasonable attorney's fees, costs, fees, damages and awards, regarding your use of any content, system or materials provided via this site.
K. Intellectual Property Provisions
All content provided within or via this site is protected by various national, sub-national, and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be "framed" or "mirrored". All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.
L. Termination of Individual or All Services
We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account.
While we may terminate your membership for any reason we deem, in our sole discretion, to be reasonable, common reasons for termination include: violation of any term or condition of this Agreement, violations of the law, violation of intellectual property rights, libel, slander, obscenity, indecency, intolerant or harmful activities that effect us, our members, or the public at large.
M. Equitable Orders and Relief
You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a court of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.
N. Automatic Viewing or Usage of this Site
You may not use any automated scripts or "robots" to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.
O. Links to Third Party Sites
All submissions (but not personal information) become the property of this Site. All submissions are non-confidential in nature. "Submissions" may be thought of as "letters to the editor" or "suggestions/ideas" type of email or letters that you might send us. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the content of all submissions, including any violation of any law(s) or regulations by such submissions,. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.
This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of Louisiana, excluding that body of laws known as choice of law or conflict of laws.
By action brought by you against us arising out of or in any way related to this Agreement, DomainApps.com or the services offered on DomainApps.com must be brought exclusively in the courts of the Louisiana and you consent to the exercise of personal jurisdiction over you by these courts in all such actions.
R. Foreign Usage
We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction.
S. General Information and Modifications of this Agreement
This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.
We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere. Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.
Notices to you may be issued via electronic mail or by surface mail, at our sole selection. You must accept all notices from us.
U. Force Majeure
Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances. We do not promise that our site, or the functions of our site, will be operating on a 100% basis. We issue no refunds due to any technical issues that impede or restrict your access to our site or our tools, services and functions. You agree to hold us harmless regarding any losses you sustain due to outages of any of our services, tools or functions or the site itself.
V. Intellectual Property Notices
You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be "willful" in nature.
All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of state, national, and International laws and regulations.
W. Contacting Us
Or by Surface Mail
Domain Apps, LLC
3409 16th St
Metairie, LA 70002
X. Limitation of Liability
Domain Apps, LLC. ITS DIRECTORS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS, LICENSORS AND ADVERTISING PROVIDERS, SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THIS AGREEMENT OR ITS TERMINATION, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND REGARDLESS OF WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. YOU HEREBY WAIVE ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE YOU OF AN ADEQUATE REMEDY. FURTHERMORE, IN NO EVENT SHALL OURTOTAL LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT EXCEED THE TOTAL SUMS PAID, OR PAYABLE, TO YOU UNDER THIS AGREEMENT.
III. Specific Service Related Terms and Conditions
A. Our Services
DomainApps.com provides domain services to our members. Our members own or control their domain names at all times we provide service to them. We require that all related domain names for which our members seek our services do not infringe upon any copyright, trademark or any other intellectual property or civil rights of any nature.
While We provide services, You remain the owner and registrant of each domain name for which You elect to use our Service, with all attendant rights and responsibilities. We have no ownership, license, or other interest in the domain name. You have full control over how you use your domain, whether by requesting our services or otherwise. This means that You solely accept and assume all liability for any harm caused by any wrongful acts regarding or use of domain(s) that are using Our Service.
B. Helpful Definitions
"Domain names" are the products that accredited domain name registrars provide to their customers. These names are often called registered domain names.
"Hosted domain" means any registered domain name owned or controlled by the member.
"End User" means a visitor to a hosted domain.
"Estimated Click-Through Revenue" means the estimated Net Revenue that a member may receive from an advertising partner pursuant to membership herein. The actual amount of payment may vary and shall be paid pursuant to the schedule and internal methodologies and procedures exclusively and solely set forth by us.
"Search Engine" means an entity that provides standard Boolean or non-Boolean informed or uninformed search methodologies such as Google or Ask.
"Advertising Results" means paid listings delivered by an Advertising Partner and displayed in response to a Page Request.
"Net Revenue" means estimated revenue less collection and distribution costs and any refunds paid to advertisers. Collection costs may include bad debts, credit card charges, credit card chargebacks, litigation costs, reasonable attorney's fees, invoice and traffic adjustments, and advertiser promotional programs or incentives as well as any other reasonable costs, losses, charges and fees. Web search fees, agency and referral fees as well as reporting and tracking costs shall also be deducted from Gross Revenues.
"Web Pages" means a page appearing on the World Wide Web or as commonly referred to, "The Internet." This page shall be presented upon the visit of a user to the client's hosted registered domain.
"Click-Through" means the act of an End User to click by hand on a particular search result.
"Stress-Test" means any person, software or program that sends Page Requests or Click-Throughs to our servers via an automated program, if such tests are not initiated by an End User on the member's registered, hosted domain.
C. Duties of DomainApps.com
Subject to the terms and conditions contained herewith, we agree to make available our services to your hosted domain, if you are a member.We will not provide services if you are in violation of any term or condition of this Agreement. All services provided as described herein are strictly discretionary on our part. We may exclude any individual, entity or business from receiving our services for any reason that we deem, in our sole discretion, to be appropriate without any duty to disclose said reason. We may deny service to any individual, entity or business at our sole discretion without any duty to reveal the same.
D. Duties of Member
You agree to change the Domain Name Server of each Hosted Domain to the Domain Name Servers and or IP address that we specify. You agree to refrain from conducting or having conducted any Stress Test regarding any aspect of our program, tools or services. You agree to refrain from placing pop-up or pop-under advertisements on your Hosted domains without our prior written approval of the same. You agree to refrain from redirecting traffic to Hosted Domains, including traffic redirected from non-Hosted Domains, without our prior written permission. You agree to refrain from "gaming" or cheating our System or Program in any way. You agree to refrain from generating traffic via listings on newsgroups, or discussion boards, other than domain for sale postings. You agree to refrain from generating traffic via bulk emails, ICQ postings, chatroom/IRC postings, iframes, zero pixel frames, hitbots, clickbots, spiders, CGI scripts, Java scripts, Pay-Per-Click Advertising or any other similar method.
You further agree to refrain from using or permitting to be used any Hosted Domain for the delivery of unsolicited commercial email messages (i.e., spam, as that term is defined in the U.S. CAN-SPAM Act of 2003) or for any other illegal and/or dubious purpose or activity and you further agree to make reasonable efforts to prevent bots or spiders from initiating requests for Hosted Domains, Search Results, or executing Click-Throughs on the Domain Apps Program Web Pages.
You agree that each domain name for which you seek our services does not violate the trademark, copyright, patent or any other intellectual property rights of any third party in connection with the goods and/or services advertised through the Program in connection with the Hosted Domain. You are responsible for conducting a comprehensive trademark search concerning each Hosted Domain to ensure continued compliance with this condition. You agree to indemnify, defend and hold harmless Domain Apps, LLC, and its officers, directors, employees, agents, successors, and assigns, for any claims made by any party alleging that a Domain Name parked via our Services constitutes a trademark violation. We may remove any Domain Name for any reason from our Services.
You shall refrain from soliciting directly or indirectly any Advertising Network partners associated with DomainApps.com, however, that you may maintain existing relationships with Search Engine partners that were in place prior to the Effective Date of this Agreement.
You shall not intentionally post misleading information with regard to Hosted Domains. You shall not act, either directly or indirectly, to encourage or require End Users, either willingly or unwillingly, to click on Advertising Results listings and/or to generate Click-Throughs through any means which could be reasonably interpreted as coercive, misleading, malicious, incomplete or otherwise fraudulent in nature.
You agree that we may ignore or credit back Estimated Click-Through Revenue which we, in our sole and absolute discretion, believe is questionable in nature or otherwise of low quality in nature or source.
E. Payments to Member
- Provided that you have complied with the terms of this Agreement, you will be paid a commission to be determined at our sole discretion from the total revenue generated by the use of our Service on your parked domain(s) excluding any traffic that we deem to be fraudulent. This commission will be paid in U.S. Dollars (USD) within fifteen (15) business days after the end of each calendar month if it exceeds the minimum amounts set forth below. In the event that the commission is less than such amount, you will be paid within fifteen (15) business days after the end of the month in which the total amount of revenue collected and unpaid exceeds such amount. The four payment options are PayPal, direct deposit, check or wire. For PayPal and direct deposit the minimum payout is $20. Checks the minimum payout is $100. For US and foreign wires the minimum payout is $1,000. You may set a higher minimum payment amount in your account. In the event that you select a higher minimum payment you will not receive payment until you reach the designate minimum amount.
- Prior to receiving payment you must have provided us with correct payment information and completed a verifiable form W8 and form W9 requirements for tax reporting. We will not pay any commissions until the next payment due date after we confirm payment was not received by you and you have corrected all problems with incomplete or incorrect payment information or the Form W-8 or W-9 you provided to us.
- If you have an account with us and referrer other people who open their own account with us, you can receive a commission of at least 10% of what each of those people earns during their first 12 months with us. There is no limit to the number of people you can refer to us. You will receive a referral code from the referral section inside your account. A commission will only be due during the first 12 months and only if an account earns revenue.
F RESTRICTIONS ON PAYMENT.
- We have zero tolerance for fraudulent traffic generation methods and have several systems that continuously monitor all traffic generated from your account. You have no right to receive or keep payments from us for traffic that we suspect or determine at any time to be fraudulent. Furthermore, you will not be paid for traffic to an Excluded URL or traffic that we determine has come as a result of a Wrongful Act.
- If we determine, in our sole discretion, that any traffic generated to your account is fraudulent, we may:
- consider all generated funds as forfeited by you,
- permanently terminate your account, and
- permanently ban all sites listed within your account from future entry to the System and share them with other entities.
- The following terms and conditions must be adhered to before any payment will be issued to you:
- You may not entice users into clicking on our links.
- You may not mislead visitors into believing that he/she will receive anything other than an internet search by clicking on a textlink or search box.
- Referring pages must not be password protected in any way.
- You may only use the media that is provided by us and you may not change our ad code in any way without prior approval. Our ad code must be found on referring pages.
- You may not use any other method of sending fraudulent traffic such as committing Wrongful Acts.
G. LIMITATION OF LIABILITY.
- You agree that we will not be liable to you or any other person for any loss that may occur due to:
- any act or omission of you or your agent, whether authorized or unauthorized;
- the use of or inability to use your domain name or username or password or any other part of our Service, including, but not limited to when Yahoo! has instructed us to suspend or Terminate you from part or all of our Service;
- access delays or access interruptions to our Service;
- the non-delivery or misdelivery of data between us and you or any other person;
- events beyond our reasonable control;
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY CONTACT PROVIDED OR APPROVED BY THIRD PARTIES OR FOR ANY SITES THAT CAN BE LINKED TO OURS FROM THE CONTENT OR BY MEANS OF THE LINKS THEREON. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO (AND HEREBY DISCLAIM ANY) WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT.
- We will not be liable for any direct, indirect, special, incidental, or consequential, or exemplary damages of any kind, including, but not limited to lost profits, goodwill, use, data or other intangible losses regardless of the form of action whether in contract, tort (including negligence), warranty, strict liability or otherwise, even if we have been advised of the possibility of such damages.
- Under no circumstances shall we be liable for any delay or failure in performance under this Agreement resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control including, but not limited to: Internet failures, computer equipment failures, telecommunication equipment failures (including, but not limited to: back hoe induced fiber failures; loss of connectivity from telecom providers; routing issues; denial of service attacks; and/or other causes of the system to fail to perform), other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, and/or loss of or fluctuations in heat, light, or air conditioning.
- In no event shall our maximum liability exceed the total of any amounts paid by us to you.
- Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the limitations provided in this Agreement may not apply to you. To the extent applicable state law does not allow the limitation of liability for consequential or incidental damages, our liability is limited to the maximum extent permitted by law.
H DISCLAIMER OF WARRANTIES. With regard to our Service:
- We expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, informational content and non-infringement.
- We do not warrant that:
- the functions contained will meet your requirements; or
- that their operation will be uninterrupted, timely, or error free; or
- defects will be corrected.
- We do not warrant nor make any representations regarding the use or the results in terms of their correctness, accuracy, reliability or otherwise.
- You further agree that:
- your use is at your sole risk;
- we provide our Service to you on an "as-is" and "as-available" basis; and
- your use of our Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from any downloads from them.
- Neither we nor any of our directors, officers, employees or agents shall have any liability to you for any failure or delay to maintain or provide any service to you.
- No advice or information, whether oral or written, obtained by you from us or any third party shall create any warranty not expressly stated in this Agreement.
- Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions provided in this Agreement may not apply to you.
You agree to defend, indemnify and hold us and the shareholders, directors, officers, employees, affiliates and agents of us, harmless from and against any and all liabilities, losses, damages or costs, including all attorneys' fees, collection fees and court costs, resulting from any claim, action, proceeding, suit or demand arising out of or related to:
- Your use of our Service;
- Your breach of any part of this Agreement; or
- Infringement of any trademark, copyright, or other claim of any kind based upon the rights of any third party or any other basis of infringement in accordance with this Agreement.
J. Forbidden Activities
While we reserve the right to terminate services provided to you for any reason we deem appropriate, as stated here, there are certain behaviors that will guarantee your termination.
Use of keywords or related associations for the purpose of increasing page referrals, that concern illegal activities, such as illegal weapons and armament, cracked or pirated software, (wares," "appz" etc), trafficking in stolen passwords or identities including identification documentation, prostitution, illegal or dangerous substances, plants or devices, racist or intolerant activities, terrorism, vulgarities, torture or glorification of torture or bestiality, rape or glorification of rape, indecent or obscene content, overly disturbing or shocking images, incest, necrophilia, pedophilia, or any content that would shock, disturb or detrimentally effect any rational mind or personality.
In the event that one or more provisions of this Agreement is deemed unenforceable or invalid, the unaffected provisions of this Agreement shall continue in effect, and the unenforceable or invalid provisions shall be amended or replaced by us with a provision that is valid and enforceable and which achieves, to the greatest extent possible, the objectives and intent of the original provisions.
L. DISPUTE FEES AND COSTS.
In the event it is necessary for us to refer any dispute to an attorney, collection agency, or have it resolved in a formal proceeding, we will be entitled to an award of reasonable attorneys' fees, collection fees, and all costs associated with any formal proceedings, regardless of whether suit is eventually filed. You agree to waive any claim for fees and costs if you fail to provided us with 90 days advance notice of your intent to bring legal action to email@example.com along with a reasonably comprehensive explanation of the basis for the dispute before you file suit.
M REPRESENTATIONS AND WARRANTIES
- You represent and warrant that:
- all statements made by you to us or to any other entity or person are true and correct to the best of your knowledge and belief;
- any material posted by you shall be considered to be in the public domain and you authorize us to use any such posting without any payment and without any liability to you;
- if you post a third party's intellectual property, you are specifically warranting that you have the right to put this material into the public domain;
- you agree to notify us of any known or suspected wrongful acts or violations of this Agreement, and your failure to do so shall be deemed a breach of this Agreement;
- you are the registrant, or their duly authorized agent, for all of the domains you submit for inclusion in our Service and that none of the domains violates, infringes upon, or in any other way damages or improperly uses any third parties intellectual property, including but not limited to trademarks, service marks, and/or names.
- You warrant that you will not use our Service for any purpose that is unlawful or prohibited by these terms and conditions, or that in any manner could damage, disable, overburden, or impair our Service or interfere with any other party's use and enjoyment of same. You may not attempt to gain unauthorized access to our Service, other accounts, our computer system or network connected to Our Site.
N BREACH AND REVOCATION.
- In the event that you breach any provision of this Agreement, you agree that we reserve the right, in our sole discretion, to immediately terminate your use of our Service without providing any notice to you. You specifically accept this termination clause and waive any right to object to it in any dispute.
- In the event we determine that you have or continue to violate this Agreement:
- We reserve the right to prosecute civil and/or criminal actions against you for any abusive behavior you engage in regarding your use of our Service; and
- You will also be subject to legal, administrative, and technical fees in a reasonable amount for damages incurred by us for any violations of this Agreement.
AGREE TO BE BOUND BY EACH AND EVERY TERM AND CONDITION OF THE FOREGOING.
LAST UPDATED ON SEPTEMBER 23, 2011