Discount-Domain-Name.com
Universal Terms of Service for Discount-Domain-Name.com
Software and Services |
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This Agreement ("Agreement") is by and between
Discount-Domain-Name.com (" Discount-Domain-Name.com ") an
Arizona Corporation and You, Your heirs, agents, successors
and assigns ("You"), and is made effective as of the date of
electronic execution. This Agreement sets forth the terms and
conditions of Your use of Discount-Domain-Name.com software
(“Software”) and services (“Services”) and explains
Discount-Domain-Name.com ’s obligations to You and Your
obligations to Discount-Domain-Name.com in relation to the
Software and Services You purchase.
This Agreement as well as any additional
Discount-Domain-Name.com policies, together with all
modifications thereto, constitute the complete and exclusive
agreement between You and Discount-Domain-Name.com concerning
Your use of Discount-Domain-Name.com ’s Software and Services,
and supersede and govern all prior proposals, agreements, or
other communications. All Discount-Domain-Name.com policies
and agreements specific to particular Software and Service are
incorporated herein and made part of this Agreement by
reference, including the dispute policy (“UDRP”). By purchasing
Discount-Domain-Name.com ’s Software or Services, You
acknowledge that You have read, understood, and agree to be
bound by all terms and conditions of this Agreement and any
other policies or agreements made part of this Agreement by
reference, as well as any new, different or additional terms,
conditions or policies which Discount-Domain-Name.com may
establish from time to time, and any agreements that
Discount-Domain-Name.com is currently bound by or will be
bound by in the future. You may view the latest version of
this Agreement
online.
In addition to transactions entered into by You on Your
behalf, You also agree to be bound by the terms of this
Agreement for transactions entered into on Your behalf by
anyone acting as Your Agent, and transactions entered into by
anyone who uses the account You've established with
Discount-Domain-Name.com , whether or not the transactions
were in Your behalf. You acknowledge that
Discount-Domain-Name.com ’s acceptance of any application made
by You for Services provided by Discount-Domain-Name.com will
take place at the Internet Corporation for Assigned Names and
Numbers ("ICANN") accredited registrar's offices located in
Scottsdale, Arizona, USA.
The General Terms in Section A apply to all customers of
Discount-Domain-Name.com . The Software and Services Specific
Agreements incorporated in Section B apply only to customers
who have purchased those referenced Services. |
A. GENERAL TERMS APPLICABLE TO ALL
SOFTWARE AND SERVICES |
1. TERM OF AGREEMENT;
MODIFICATIONS. |
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You agree that Discount-Domain-Name.com may modify this
Agreement and the Services from time to time. You agree to be
bound by any changes Discount-Domain-Name.com may reasonably
make to this Agreement when such changes are made. If You have
purchased Services or Software from Discount-Domain-Name.com ,
the term of this Agreement shall continue in full force and
effect as long as You take advantage of and use the Software
or Services. In the event You terminate Your usage,
Discount-Domain-Name.com will not refund any amounts You have
paid. You agree that Discount-Domain-Name.com shall not be
bound by any representations made by third parties who You may
use to purchase Services from Discount-Domain-Name.com , and
that any statement of a general nature, which may be posted on
Discount-Domain-Name.com ’s Web site or contained in
Discount-Domain-Name.com ’s promotional materials, will not
bind Discount-Domain-Name.com . Discount-Domain-Name.com may,
at times, offer certain promotions with different charges and
features.
You agree that You will be responsible for notifying
Discount-Domain-Name.com should You desire to terminate Your
use of Discount-Domain-Name.com 's Services. Notification of
Your intent to terminate must be provided to
Discount-Domain-Name.com no earlier than 10 days prior to Your
billing date but no later than three days prior to Your
billing date. |
2. ACCURATE INFORMATION. |
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You agree to maintain accurate information by providing
updates to Discount-Domain-Name.com , as needed, while You are
using Discount-Domain-Name.com ’s Services. You agree You will
notify Discount-Domain-Name.com within five (5) business days
when any change of the information You provided as part of the
application and/or registration process changes. Failure by
You, for whatever reason, to respond within five (5) business
days to any inquiries made by Discount-Domain-Name.com to
determine the validity of information provided by You will
constitute a material breach of this Agreement.
You agree that Discount-Domain-Name.com may use and rely on
any such information provided by You for all purposes in
connection with Your Services, subject to
Discount-Domain-Name.com ’s Privacy
Policy . If You provide any information that is
inaccurate, not current, false, misleading or incomplete, or
if Discount-Domain-Name.com has reasonable grounds to suspect
that Your information is inaccurate, not current, false,
misleading or incomplete, Discount-Domain-Name.com has the
absolute right, in its sole discretion, to terminate its
Services and close Your account. |
3. PRIVACY. |
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You can view Discount-Domain-Name.com ’s Privacy Policy here
, which is incorporated herein by reference, as it is
applicable to all Company Software and Services. The Privacy
Policy provides Your rights and Company’s responsibilities
with regard to Your personal information. Company will not use
Your information in any way inconsistent with the purposes and
limitations provided in the Privacy Policy. |
4. ACCOUNT SECURITY. |
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You agree You are entirely responsible for maintaining the
confidentiality of Your password and account information. You
agree You are entirely responsible for any and all activities
that occur under Your account. You agree to notify
Discount-Domain-Name.com immediately of any unauthorized use
of Your account or any other breach of security. You agree
Discount-Domain-Name.com will not be liable for any loss that
You may incur as a result of someone else using Your password
or account, either with or without Your knowledge. You further
agree You could be held liable for losses incurred by
Discount-Domain-Name.com or another party due to someone else
using Your account or password. For security purposes, You
should keep account access information in a secure location
and take precautions to prevent others from gaining access to
Your user name and password. You agree that You will be
responsible for all activity in Your account, whether
initiated by You, or by others on Your behalf, or by any other
means. Discount-Domain-Name.com specifically disclaims
liability for any activity in Your account, whether authorized
by You or not. |
5. NO UNLAWFUL CONDUCT OR IMPROPER
USE. |
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As a condition of Your use of Discount-Domain-Name.com ’s
Software and Services, You agree not to use them for any
purpose that is unlawful or prohibited by these terms and
conditions, and You agree to comply with any applicable local,
state, federal and international laws, government rules or
requirements. You agree You will not be entitled to a refund
of any fees paid to Discount-Domain-Name.com if, for any
reason, Discount-Domain-Name.com takes corrective action with
respect to Your improper or illegal use of its Services.
Discount-Domain-Name.com reserves the right at all times to
disclose any information as Discount-Domain-Name.com deems
necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part,
in Discount-Domain-Name.com 's sole discretion.
If You have purchased Services, Discount-Domain-Name.com
has no obligation to monitor Your use of the Services.
Discount-Domain-Name.com reserves the right to review Your use
of the Services and to cancel the Services in its sole
discretion. Discount-Domain-Name.com reserves the right to
terminate Your access to the Services at any time, without
notice, for any reason whatsoever.
Discount-Domain-Name.com reserves the right to terminate
Services if Your usage of the Services results in, or is the
subject of, legal action or threatened legal action, against
Discount-Domain-Name.com or any of its affiliates or partners,
without consideration for whether such legal action or
threatened legal action is eventually determined to be with or
without merit. Discount-Domain-Name.com may review every
account for excessive space and bandwidth utilization and to
terminate or apply additional fees to those accounts that
exceed allowed levels.
Except as set forth below, Discount-Domain-Name.com may
also cancel Your use of the Services, after thirty (30) days,
if You are using the Services in association with spam or
morally objectionable activities. Morally objectionable
activities will include, but not be limited to: activities
designed to defame, embarrass, harm, abuse, threaten, slander
or harass third parties; activities prohibited by the laws of
the United States and/or foreign territories in which You
conduct business; activities designed to encourage unlawful
behavior by others, such as hate crimes, terrorism and child
pornography; activities that are tortuous, vulgar, obscene,
invasive of the privacy of a third party, racially,
ethnically, or otherwise objectionable; activities designed to
impersonate the identity of a third party; illegal access to
other computers or networks (i.e., hacking); distribution of
Internet viruses or similar destructive activities; and
activities designed to harm minors in any way. Notwithstanding
anything to the contrary herein, in the event
Discount-Domain-Name.com cancels Your Services during the
first thirty (30) days after You purchase the Services, You
will receive a refund of any fees paid to
Discount-Domain-Name.com in connection with the Services being
canceled. In the event Discount-Domain-Name.com deletes Your
Services because they are being used in association with spam
or morally objectionable activities, no refund will be issued.
You agree You will not be entitled to a refund of any fees
paid to Discount-Domain-Name.com if, for any reason,
Discount-Domain-Name.com takes corrective action with respect
to Your improper or illegal use of its Services. |
6. NO SPAM; LIQUIDATED DAMAGES.
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You agree Discount-Domain-Name.com may immediately
terminate any account which it believes, in its sole
discretion, is transmitting or is otherwise connected with any
spam or other unsolicited bulk email. In addition, if actual
damages cannot be reasonably calculated then You agree to pay
Discount-Domain-Name.com liquidated damages of $1 for each
piece of spam or unsolicited bulk email transmitted from or
otherwise connected with Your account, otherwise You agree to
pay Discount-Domain-Name.com 's actual damages. You
acknowledge You have read and understand and agree to be bound
by the terms and conditions of Discount-Domain-Name.com ’s
Anti-spam Policy, available here . Such terms and conditions
are applicable to the use of all Discount-Domain-Name.com
Software and Services and are incorporated herein. |
7. INTELLECTUAL PROPERTY. |
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You agree that Discount-Domain-Name.com or its licensor
holds all rights, title and interest in all Software and
Services and all intellectual property, including other rights
related to intangible property, unless otherwise indicated.
You acknowledge that no title or interest in such Intellectual
Property Rights is being transferred to You and You agree to
make no claim of interest in any such Services or Software.
You understand and agree that all content and materials
contained in this Agreement, other policies, the
Discount-Domain-Name.com Web site, and any affiliated Web
sites, are protected by the various copyright, patent,
trademark, service mark and trade secret laws of the United
States, as well as any other applicable proprietary rights and
laws, and that Discount-Domain-Name.com or its licensor
expressly reserves its rights in and to all such content and
materials. You further understand and agree that You are
prohibited from using, in any manner whatsoever, any of the
content or materials described above without the express
written permission of Discount-Domain-Name.com or its
licensor. No license or right under any copyright, patent,
trademark, service mark or other proprietary right or license
is granted to You or conferred upon You by this Agreement or
otherwise. |
8. USE OF Discount-Domain-Name.com
SOFTWARE. |
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If You have licensed software from Discount-Domain-Name.com
, Discount-Domain-Name.com grants You a limited,
non-exclusive, nontransferable and non-assignable license to
use the software for such purposes as are ordinary and
customary. You are free to use the software on any computer,
but not on two or more computers at one time.
You agree to not alter or modify the Software. You agree
You are not authorized to combine the Software with any other
software program, create derivative works based upon the
Software, nor are You authorized to integrate any plug-in or
enhancement which uses or relies upon the Software. You
further agree not to reverse engineer, decompile or otherwise
attempt to uncover the source code.
Discount-Domain-Name.com reserves all rights to the
Software. The Software and any copies You are authorized to
make are the intellectual property of Discount-Domain-Name.com
. The source code and its organization are the exclusive
property of Discount-Domain-Name.com and the Software is
protected by copyright, including United States Copyright Law.
Except as expressly provided for in this section, this
Agreement does not grant You any rights in the Software and
all rights are reserved by Discount-Domain-Name.com .
Discount-Domain-Name.com provides this Software “as is”
without warranty of any kind either express or implied,
including but not limited to the implied warranties or
conditions of merchantability or fitness for a particular
purpose. |
9. FEES AND PAYMENT. |
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As consideration for the Software or Services purchased by
You and provided to You by Discount-Domain-Name.com , You
agree to pay Discount-Domain-Name.com at the time You order.
All fees are due immediately and are non-refundable unless
otherwise expressly noted, even if Your Services are
suspended, terminated, or transferred prior to the end of the
Services term. Discount-Domain-Name.com expressly reserves the
right to modify pricing through email notification and/or
notice on its Web site. Payment may be made by You by
providing either a valid credit card, an online check, a
personal check , or using Discount-Domain-Name.com ’s prepaid
service Good as Gold, (“Prepaid Services”) to establish a cash
reserve for charge by Discount-Domain-Name.com (collectively,
the "Payment Method"). Your Prepaid Services account may be
funded by a money order or a personal check under as further
described, below.
If You signed up for a monthly payment plan, Your monthly
billing date will be determined based on the day of the month
You purchase the Services unless that date falls after the
28th of the month in which case Your billing date will be the
28th of each month. If You signed up for an annual (or longer)
payment plan, and You elected the automatic renewal option,
Discount-Domain-Name.com will automatically renew Your
Services when they come up for renewal and will take payment
from the Payment Method You have on file with
Discount-Domain-Name.com , at Discount-Domain-Name.com 's then
current rates.
If for any reason Discount-Domain-Name.com is unable to
charge Your Payment Method for the full amount owed
Discount-Domain-Name.com for the Services provided, or if
Discount-Domain-Name.com is charged a penalty for any fee it
previously charged to Your Payment Method, You agree that
Discount-Domain-Name.com may pursue all available remedies in
order to obtain payment. If You pay by credit card and if for
any reason Discount-Domain-Name.com is unable to charge Your
credit card with the full amount of the Services provided, or
if Discount-Domain-Name.com is charged back for any fee it
previously charged to the credit card You provided, You agree
that Discount-Domain-Name.com may pursue all available
remedies in order to obtain payment. You agree that among the
remedies Discount-Domain-Name.com may pursue in order to
effect payment, shall include but will not be limited to,
immediate cancellation without notice to You of any domain
names or Services registered or renewed on Your behalf.
Discount-Domain-Name.com reserves the right to charge a
reasonable administrative fee for administrative tasks outside
the scope of its regular Services, including additional costs
that it may incur in providing the Services and pass along to
You. These include, but are not limited to, customer service
issues that cannot be handled over email but require personal
service, fees incurred by third parties You have elected to
use as payment methods, including PayPal and Certegy, Inc.,
and disputes that require legal services. These charges will
be billed to the Payment Method we have on file for You. You
may change Your Payment Method at any time by logging into
Your Account
Manager.
You agree that You are solely liable for arranging that
Your Services are renewed, and that Discount-Domain-Name.com
shall not be liable to You or any third party if it is unable
to charge Your Payment Method in order to renew Your Services.
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A. Good as Gold Prepaid Services
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Service Details.
By using Discount-Domain-Name.com ’s Prepaid Services, You
can transfer funds to Discount-Domain-Name.com in advance and
use the balance of Your Prepaid Services Account ("Account")
as You please. You can use Your Account to purchase any of the
Software or Services of Discount-Domain-Name.com . As
consideration for the Services purchased by You and provided
to You by Discount-Domain-Name.com , You agree to pay
Discount-Domain-Name.com in advance for the Services to be
provided. Payment is to be made by You providing either a
valid credit card, wire transfer, a money order, or personal
check. Personal checks may only be used for payments of $100
or more, and may not be made for less than the amount required
at purchase. Personal checks under $1,000 are subject to the
same processing fees as wire transfers. All personal checks
will be delayed fourteen (14) days until the money is
credited, which may delay Your usage of the Software or
Services. You agree that if the EFT or bank draft is returned
unpaid, You will pay a service charge of $25.00 or the maximum
amount allowed by law, which may be debited from Your account
using an EFT or bank draft.
You can verify the remaining funds in Your Account at any
time by logging in to Manage Your Account or through the
shopping cart on the Discount-Domain-Name.com Web site. Should
You decide to terminate Your Account and seek a refund of Your
Prepaid Services, Your refund will be made by check net of any
discounts, including, but not limited to, reduced or waived
wire transfer fees and/or the Cash Discount.
You acknowledge that funds transferred to Your Account will
be held in an account by Discount-Domain-Name.com , which will
not accrue or pay interest for Your benefit. To the extent
interest may accrue, if any, You understand and agree that
Discount-Domain-Name.com shall be entitled to receive and keep
any such amounts to cover costs associated with the Prepaid
Services.
You acknowledge that all transactions using Prepaid
Services will be conducted in U.S. Dollars and that it is Your
responsibility to arrange for foreign currency translations
prior to funding Your Account. Wire transfers received by
Discount-Domain-Name.com in foreign currencies will be
returned and You will be responsible for the cost of returning
such funds. Your Account must be funded on an initial basis
with no less than one hundred dollars ($100.00), paid in U.S.
funds. You agree that You will be responsible for all wire
transfer fees, both incoming and outgoing, associated with
Your Account. Any non-U.S. wire transfers may be subject to
fees by either Your bank, intermediary banks or
Discount-Domain-Name.com ’s bank, which may reduce the amount
of the money received by Discount-Domain-Name.com ’s bank and
subsequently funded into Your Prepaid Good as Gold Account.
Customers funding a Good as Gold Account who wire $1,000 or
more shall not be subject to a $20 wire transfer processing
fee from Discount-Domain-Name.com . You hereby expressly give
Discount-Domain-Name.com permission to reduce Your Account by
the amount of wire transfer fees Discount-Domain-Name.com
incurs in order to receive Your funds. All fees are subject to
change and will be updated online in this Agreement.
Prepaid Services Accounts will receive a 2% discount on
purchases (the "Cash Discount"). The Cash Discount will be
reflected in Your Account balance. Thus, purchases will reduce
the balance of Your Account by 98% of the total purchase price
of each transaction. For example, if Your Account is funded
with an initial amount of $100.00 and You make a $10.00
purchase, Your Account will be reduced by only $9.80.
Discount-Domain-Name.com reserves the right to discontinue or
change the Cash Discount at any time, without notice.
Your Use of Prepaid Services
Use of funds in Your Account can only be made through the
Discount-Domain-Name.com purchase process at
Discount-Domain-Name.com ’s Web site. Purchases may not be
made unless there are sufficient, available funds in Your
Account at the time of purchase to cover the entire purchase
amount, including any related fees as set forth herein or in
other relevant agreements.
Additional funds may be added to Your Account at any time.
The minimum increment for funds transfers is one hundred
dollars ($100.00).
You will be able to access Your Account activity and
records from the Manage Your Account link on
Discount-Domain-Name.com ’s Web site. Your Account will show
purchases and the amount of funds remaining in Your Account.
Discount-Domain-Name.com reserves the right at all times to
disclose any information about Your Account as
Discount-Domain-Name.com deems necessary to satisfy any
applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any
information or materials, in whole or in part from Your
Account, in the sole discretion of Discount-Domain-Name.com .
Specific Representations and Warranties
You agree that Discount-Domain-Name.com makes no
representations or warranties of any kind in connection with
Prepaid Services. Discount-Domain-Name.com expressly reserves
the right to deny, cancel or transfer any Account that it
deems necessary, in its discretion, to protect the integrity
and stability of the Prepaid Services system, to comply with
any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any dispute
resolution process, or to avoid any liability, civil or
criminal, on the part of Discount-Domain-Name.com , as well as
its affiliates, subsidiaries, officers, directors and
employees. Discount-Domain-Name.com also reserves the right to
freeze an Account during resolution of a dispute.
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B. Payment By Check |
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By using Discount-Domain-Name.com ’s pay by check option
(“Pay By Check”), You can purchase Discount-Domain-Name.com
Software and Services using a personal check. In consideration
for the Software and Services purchased by You and provided to
You by Discount-Domain-Name.com , You agree to allow Certegy
Check Services, Inc. ("Certegy") to debit the full amount of
this transaction from Your checking account, which is
non-refundable. Certegy will create an electronic funds
transfer (EFT) or bank draft which will be presented to Your
bank or financial institution for payment from Your checking
account. The checking account must be at a financial
institution in the United States, and the check must be
payable in U.S. dollars.
It is Your responsibility to keep Your checking account
current, and to have available funds in it. You agree that
Certegy and Discount-Domain-Name.com will not be responsible
for payments that fail to go through as a result of Your
checking account no longer existing, or holding insufficient
funds. If for any reason Certegy is unable to withdraw the
full amount owed for the Services provided, You agree that
Certegy and Discount-Domain-Name.com may pursue all available
remedies in order to obtain payment. You agree that if the EFT
or bank draft is returned unpaid, You will pay a service
charge of $25.00 or the maximum amount allowed by law, which
may be debited from Your account using an EFT or bank draft.
The check may not be for less than the full amount required
at that time. Personal checks under $1,000 are subject to the
same processing fees as wire transfers. All personal checks
may be delayed up to fourteen (14) days until the money is
credited, which may delay Your usage of the Software or
Services.
By clicking the box labeled “I agree” to the terms of the
Pay by Check terms, You authorize the information provided to
be used for the creation of an electronic funds transfer (EFT)
or bank draft, and You authorize a debit of THE FULL AMOUNT of
this order from Your checking account. |
C. Pay by PayPal |
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By using Discount-Domain-Name.com ’s pay by PayPal, Inc.
(“PayPal”) option (“Pay by PayPal”), You can purchase
Discount-Domain-Name.com Software and Services using PayPal.
In consideration for the Software and Services purchased by
You and provided to You by Discount-Domain-Name.com , You
agree to allow PayPal to debit the full amount of this
transaction from Your PayPal account balance or the Preferred
Funding Source You established with PayPal, which is
non-refundable.
It is Your responsibility to keep Your PayPal Account
current, and to have available funds in it. You agree that
PayPal and Discount-Domain-Name.com will not be responsible
for payments that fail to go through as a result of Your
Funding Source no longer existing, or holding insufficient
funds. If for any reason PayPal is unable to withdraw the full
amount owed for the Services provided, You agree that PayPal
and Discount-Domain-Name.com may pursue all available remedies
in order to obtain payment. You agree that if the transaction
is returned unpaid, You will pay a service charge of $25.00 or
the maximum amount allowed by law, which may be debited from
Your account by PayPal or charged to Your Preferred Funding
Source.
By clicking the box labeled “I agree” to the terms of the
Pay by PayPal terms, You authorize the information provided to
be used for the creation of an electronic funds transfer
(EFT), and You authorize a debit of THE FULL AMOUNT of Your
order from Your PayPal Account or Preferred Funding Source.
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10. REPRESENTATIONS AND WARRANTIES.
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You, or the individuals who electronically execute this
Agreement on behalf of You hereby represent and warrant that
they have the right, power, legal capacity and appropriate
authority to enter into this Agreement, and that they own and
have not transferred to any other person or entity any of the
rights, claims or interests that are the subject of this
Agreement. You represent and warrant that You are 18 years of
age or older, or that You have an agent authorized by law to
represent You who is 18 years of age or older who is entering
into this Agreement on Your behalf. You warrant that each
action You make is being done so in good faith and that You
have no knowledge of it infringing upon or conflicting with
the legal rights of a third party or a third party's trademark
or trade name.
Discount-Domain-Name.com expressly reserves the right to
deny, cancel or transfer any domain name registration that it
deems necessary, in its discretion, to protect the integrity
and stability of the registry, to comply with any applicable
laws, government rules or requirements, requests of law
enforcement, in compliance with any dispute resolution
process, or to avoid any liability, civil or criminal, on the
part of Discount-Domain-Name.com , as well as its affiliates,
subsidiaries, officers, directors and employees.
Discount-Domain-Name.com also reserves the right to freeze a
domain name during resolution of a dispute. |
11. LIMITATION OF LIABILITY .
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IN NO EVENT SHALL Discount-Domain-Name.com
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE
DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER,
WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT,
TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER
EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS
INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE
SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE,
EVEN IF Discount-Domain-Name.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or
limitation on liability for damages as contained herein. In
such states, Discount-Domain-Name.com ’s liability is limited
to the full extent permitted by law. You agree that in no
event shall Discount-Domain-Name.com ’s maximum aggregate
liability exceed the total amount paid by You for the
particular Software or Service in dispute purchased from
Discount-Domain-Name.com . |
12. DISCLAIMER OF WARRANTIES .
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Discount-Domain-Name.com expressly disclaims all warranties
of any kind, whether express or implied, including, but not
limited to, the implied warranties of merchantability, fitness
for a particular purpose and non-infringement. Services are
provided on an "As Is" and "As Available" basis.
Discount-Domain-Name.com makes no warranty that its services
will meet your requirements, or that the services will be
uninterrupted, timely, secure, or error free, or that defects
will be corrected. Discount-Domain-Name.com does not warrant,
nor make any representations regarding the use, or results of,
any of the services it provides, in terms of their
correctness, accuracy, reliability, or otherwise.
Some jurisdictions do not allow the disclaimer of implied
warranties, in which event that foregoing disclaimer may not
apply to You. |
13. INDEMNIFICATION. |
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You agree to defend, indemnify and hold harmless
Discount-Domain-Name.com and its contractors, agents,
employees, officers, directors, shareholders, and affiliates
from any loss, liability, damages or expense, including
reasonable attorneys' fees, resulting from any third party
claim, action, proceeding or demand related to Your (including
Your agents affiliates, or anyone using Your account, software
or services with Discount-Domain-Name.com whether or not on
Your behalf, and whether or not with Your permission) use of
the Software or Services You purchased from
Discount-Domain-Name.com or Your breach of this Agreement or
incorporated agreements and policies. In addition, You agree
to indemnify and hold Discount-Domain-Name.com harmless from
any loss, liability, damages or expense, including reasonable
attorneys' fees, arising out of any breach of any
representation or warranty provided herein, any negligence or
willful misconduct by You, or any allegation that Your account
infringes a third person's copyright, trademark or proprietary
or intellectual property right, or misappropriates a third
person's trade secrets. This indemnification is in addition to
any indemnification required of You elsewhere. Should
Discount-Domain-Name.com be notified of a pending law suit, or
receive notice of the filing of a law suit,
Discount-Domain-Name.com may seek a written confirmation from
You concerning Your obligation to indemnify
Discount-Domain-Name.com . Your failure to provide such a
confirmation may be considered a breach of this agreement. You
agree that Discount-Domain-Name.com shall have the right to
participate in the defense of any such claim through counsel
of its own choosing. You agree to notify
Discount-Domain-Name.com of any such claim promptly in writing
and to allow Discount-Domain-Name.com to control the
proceedings. You agree to cooperate fully with
Discount-Domain-Name.com during such proceedings.
You agree to cooperate fully with Discount-Domain-Name.com
during such proceedings. You agree You will not be entitled to
a refund of any fees paid to Discount-Domain-Name.com if, for
any reason, Discount-Domain-Name.com takes corrective action
with respect to Your improper or illegal use of its services.
You also agree that if Discount-Domain-Name.com is notified
that a complaint has been filed with a governmental,
administrative or judicial body, regarding a Traffic Facts
account of Yours with Discount-Domain-Name.com , that
Discount-Domain-Name.com , in its sole discretion, may take
whatever action Discount-Domain-Name.com deems necessary
regarding further modification, assignment of and/or control
of your account to comply with the actions or requirements of
the governmental, administrative or judicial body until such
time as the dispute is settled. |
14. GOVERNING LAW, VENUE; WAIVER OF
TRIAL BY JURY. |
|
This agreement shall be deemed entered into in the State of
Arizona. Except for disputes concerning the user of a domain
name registered with Discount-Domain-Name.com , You agree that
the laws and judicial decisions of Maricopa County, Arizona,
shall be used to determine the validity, construction,
interpretation and legal effect of this Agreement. You agree
that any action relating to or arising out of this Agreement
shall be brought in the courts of Maricopa County, Arizona.
For the adjudication of disputes concerning the use of any
domain name registered with Discount-Domain-Name.com , You
agree to submit to jurisdiction and venue in the U.S. District
Court for the District of Arizona located in Phoenix, Arizona.
You agree to waive the right to trial by jury in any
proceeding that takes place relating to or arising out of this
Agreement. |
15. NOTICES. |
|
You agree that all notices (except for notices concerning
breach of this Agreement) from Discount-Domain-Name.com to You
may be posted on our Web site. Notices concerning breach will
be sent either to the email or postal address You have on file
with Discount-Domain-Name.com . In either case, delivery shall
be deemed to have been made five (5) days after the date sent.
Notices from You to Discount-Domain-Name.com shall be made
either by email, sent to the address provided on the
Discount-Domain-Name.com Web site, or first class mail to
Discount-Domain-Name.com ’s address at:
Discount-Domain-Name.com , Attn: Legal Counsel 14455 North
Hayden Rd. Suite 219 Scottsdale, AZ 85260 |
16. HEADINGS. |
|
The headings in the Agreement are descriptive only and in
the event of a conflict between a heading and the underlying
terms of this Agreement, the terms of this Agreement shall
control. |
17. ENTIRE AGREEMENT. |
|
You agree that this Agreement including the policies and
agreements it refers to (i.e. our Dispute Resolution Policy,
etc.) constitute the complete and only Agreement between You
and Discount-Domain-Name.com regarding the Services
contemplated herein. |
18. SEVERABILITY. |
|
You agree that the terms of this Agreement are severable.
If any part of this Agreement is determined to be
unenforceable or invalid, that part of the agreement will be
interpreted in accordance with applicable law as closely as
possible, in line with the original intention of both parties
to the Agreement. The remaining terms and conditions of the
Agreement will remain in full force and effect. |
19. WAIVER. |
|
The failure of Discount-Domain-Name.com to enforce any of
the provisions within this Agreement or its incorporated
agreements and policies against You or others shall not be
construed to be a waiver of the right of
Discount-Domain-Name.com thereafter to enforce such
provisions. |
20. FORCE MAJEURE. |
|
Discount-Domain-Name.com will make every effort to keep its
Web site and Services operational. However, certain technical
difficulties and other factors outside of its control may,
from time to time, result in temporary service interruptions.
You agree not to hold Discount-Domain-Name.com liable for any
of the consequences of such interruptions. |
21. SURVIVAL. |
|
Sections 1, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21
and 22 shall survive any termination or cancellation of this
Agreement. |
22. NO THIRD PARTY BENEFICIARIES.
|
|
Nothing in this Agreement, express or implied, is intended
to confer upon any third party any rights, remedies,
obligations, or liabilities under or by reason of this
Agreement, except as expressly provided in this Agreement.
|
B. SOFTWARE AND SERVICES
SPECIFIC AGREEMENTS |
|
If You purchase Services from Discount-Domain-Name.com, the
following Software and Services specific agreements shall
apply and are incorporated within this Agreement in addition
to Sections 1-21:
Domain Names
Back
Ordering and Monitoring Agreement
Change
of Registrant Agreement
ConsoliDate
Domain
Name Proxy ® Agreement
Domain
Registration Agreement
Parked
Page Service Agreement
Transfer
Agreement
E-mail
Email
Services User Agreement
WebMail
End User License Agreement
Web Site Hosting
Dedicated
Hosting Agreement
Hosting
and Virtual Service Agreement
Web Site Creation
One
Page Web Site
Website
Tonight ® End User License Agreement
Other Software and Services
Domain
Alert Deep Monitor User License Agreement
Express
Email Marketing™ End User License Agreement
Fax
Thru Email End User License Agreement
News-Blazer™
End User License Agreement
Online
Copyright Registration End User Agreement
Online
File Folder End User License Agreement
Quick
Shopping Cart™ End User License Agreement
StealthRay™
End User License Agreement
Traffic
Blazer® End User License Agreement
Traffic
Facts Service Agreement
Online
Group Calendar End User License Agreement
Business
WhoIs Listing End User License Agreement
Policies
Anti-Spam
Policy
Civil
Subpoena Policy
ICANN Transfer Dispute Resolution Policy
Privacy
Policy
Trademark
and/or Copyright Infringement Policy
Uniform
Domain Name Dispute Policy
Permissions
Policy
Criminal
Subpoena Policy |
Revised: 3/29/2006
Copyright © 2005 - 2006 All Rights
Reserved. | |