DomainPower Terms and Conditions
We reserve the right, in our sole discretion, to modify these Terms and any service fees, at any time, effective upon the date we post a new set of Terms on this Site. Your continued use of our Site constitutes your binding acceptance of these Terms, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may cancel by contacting us. We also reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or to any part of the Site at any time for any reason without prior notice or liability. We may change, suspend or discontinue all or any aspect of our services at any time, including the availability of any service feature, database, or content, without prior notice or liability. We reserve the right to remove and/or edit any material that you submit to us for any reason without prior notice to you and without liability to us. We will not have any liability to you as a result of service outages that are caused by our maintenance on the servers or the technology that underlies the service, failures of our service providers (including telecommunications, hosting and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our reasonable control.
- DomainPower.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.
- "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 chargeback's, 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-Through to our servers via an automated program, if such tests are not initiated by an End User on the member's registered, hosted domain.
Duties of DomainPower.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.
Duties of Member
- 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 DomainPower.com 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 Bidtellect, Inc. 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 DomainPower.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.
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, or any revenue that we determine might be later deemed by our advertisers as fraudulent. You will receive one payment from DomainPower and one payment from our third party monetization provider. DomainPower portion of the commissions will be paid in U.S. Dollars (USD) thirty (30) days after the end of each calendar month if it exceeds the minimum amount of $100 USD. In the event that the commission is less than such amount, you will be paid within thirty (30) business days after the end of the month in which the total amount of revenue collected and unpaid exceeds such 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. By agreeing to all these terms you are also agreeing to the terms of our third party monetization partner who may be making a secondary payment for commissions earned through DomainPower on their system. You can review their terms including payment schedules in their entirety at https://www.parkingcrew.com/agb.php. You also agree and approve DomainPower to disclose your stored information, such as first and last name, company name, address, email and/or phone number, to our third party monetization partner in order to monetize your domains with DomainPower.
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 (incentivized actions).
- You may not mislead visitors into believing that he/she will receive anything other than an internet search by clicking on a text link or search box or completing an offer.
- 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.
General Terms and Conditions of Service
- You represent and warrant that you are more than Eighteen (18) years of age. People aged Eighteen (18) or younger are not allowed to use, register or register other users at this site, nor may they purchase any and all services and/or products at this site. For more information, please contact us.
- Memberships are non-transferable. We may assign any and all rights and delegate any and all duties hereunder. You may not assign any and/or all of your rights nor delegate any and/or all of your duties hereunder.
Protect Your Password and Subscription
You agree to provide true, accurate, current and complete information about yourself as requested in our registration process and to keep your information up to date. You may not reveal your subscription password to anyone else and you may not use anyone else's password. You are responsible for maintaining the confidentiality of your subscription account and password. Unauthorized access to our services is a breach of these Terms and a violation of the law.Termination of Membership
- Any user may terminate their use or membership at this Site at any time. We may terminate services to, usage of and/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. All provisions dealing with choice of law, forum selection, and your obligations to protect our intellectual property, confidentiality, trade secret and proprietary interests shall survive termination.
- 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 account without notice for any reason, in our sole discretion, we deem fit, 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. Additional reasons for termination include: (i) your account remains idle for any consecutive 30-day period and 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, in 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
You're 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 products and services, including but not limited to URLs, parameters, data reported, revenues earned and the look, feel and functionality of the products 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 Protected 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 membership.
General Rules of Conduct
You agree that you will not use any robot, spider, scraper, sniffer or other automated means to access this Site for any purpose without our express written permission. In addition, certain material that you submit may, in our sole discretion, also become available to certain partners around the world. If we discover that you have manipulated the data or statistics for certain materials, we reserve the right to remove the material from our Site and any of our Affiliates. The content provided by our services is intended for your personal, noncommercial use. All materials, including, but not limited to, photographs, graphics, images, illustrations, sound clips and flash animation are protected by copyright. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display or in any way exploit any of the materials or content or our services in whole or part. If we offer bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") at any time, you agree to use any Forum only to send and receive messages and material that are proper and related to that particular Forum. Without limiting the foregoing, you agree that you will not (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others; (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer; (iv) advertise or offer to sell any goods or services for any commercial purpose; (v) conduct or forward surveys, contests, pyramid schemes or chain letters; (vi) download any file posted by another user of a forum that you know or reasonably should know, cannot be legally distributed in such matter; (vii) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (viii) restrict or inhibit any other user from using and enjoying the forum; or (ix) use 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. We reserve the right to terminate your access to any or all of the forums at any time without notice for any reason whatsoever. If, in our sole discretion, you choose a username that is obscene, indecent, abusive or which might otherwise subject our site to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from the Forums, deny you access to the Forums, or any combination of these options. If you continue to choose usernames that we find objectionable, we reserve the right to permanently terminate your access to the Forums, the Service or both. You will not use our services and/or products for illegal purposes. Use of services and products is subject to existing laws and legal process, and nothing contained herein shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of same, or information provided to or gathered by us with respect to such use. You agree to give DomainPower the option to move your domains into a holding account in the company’s name at other parking companies as part of the revenue optimization process. This is simply to improve the domains performance and you will retain revenues earned per the revenue share agreement at the time of account setup or otherwise determined with your sales rep or Company representative. You will still act as the owner of the domain and upon closing of the account will retain ownership of all of your domain names. Contact us for more information about this process.
By submitting material to us, you represent and warrant that: We, our customers and licensees shall not be required to make any payments with respect to material that you submit, including, but not limited to, payments to you, third parties, publishers, agents, performance and/or mechanical rights societies and/or collectors, persons who contributed to or appear in your materials, your licensors, unions or guilds; You have full right and power to enter into and perform under these Terms, and have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Terms; The material that you submit does not contain "samples" of any third party's content and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights; The material that you submit is not and will not violate any law, statute, ordinance or regulation; The material that you submit is not and will not be defamatory, trade libelous, pornographic or obscene; and, You are at least eighteen years of age. By submitting content to us, you grant us, our affiliates, and our business partners an irrevocable, worldwide, royalty-free, nonexclusive license to, including without limitation: publicly perform, publicly display, broadcast, encode, edit, alter, modify, reproduce, transmit, manufacture, distribute, sell and synchronize with visual images your material, in whole or in part, alone or in compilation with content provided by third parties, through any medium now known or hereafter devised for any and all purposes whatsoever, including without limitation: (i) demonstrating, promoting or distributing your material to users seeking to download or otherwise acquire it and/or (ii) storing the work in a remote database accessible by users; and/or (iii) making your material accessible as text, audio and/or video streams; and/or (iv) using any trademarks, service marks or trade names incorporated into your material and use the likeness of any individual whose performance or image is contained in your material.
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;
- 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.
You hereby agree to indemnify, defend, save and hold us, and all of our officers, directors, owners, agents, information providers, affiliates, assigns and licensors (collectively, the "Owners") harmless from and against any and all liability, losses, costs and expenses ( including attorneys' fees) incurred in connection with any claim arising out of (1) any use or alleged use of your account or password by any person, whether or not authorized by you, (2) any claim arising out of the material that you submit, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, trademark infringement and any claim or liability relating to the content, quality, or performance of materials that you submit. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Disclaimer of Warranties, Limitation of Liability and Indemnity
- WHILE WE DO OUR BEST TO PROVIDE OPTIMAL PERFORMANCE, YOU AGREE THAT YOUR USE OF OUR SERVICES, PRODUCTS, INTELLECTUAL PROPERTY, SITE, CONTENT, USER MATERIAL AND ANY AND ALL OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH OUR SITE TOGETHER WITH ANY SERVICES AND/OR PRODUCTS OF THIRD PARTIES ACCESSIBLE OR SOLD OR PROVIDED THROUGH US (COLLECTIVELY “OUR SERVICES AND PRODUCTS”) IS AT YOUR OWN RISK. OUR SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OUR SERVICES AND PRODUCTS (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SITE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- THE LISTING, OR ABSENCE OF LISTING, OF ANY DOCUMENT IN OUR SEARCH DATABASE DOES NOT IMPLY ANY WARRANTY OR GUARANTEE BY US, FOR ANY COMPANIES, PRODUCTS, OR SERVICES DESCRIBED IN SUCH DOCUMENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN OUR SEARCH RESULTS. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. WE DISCLAIM ANY RESPONSIBILITY FOR ANY ACT OR OMISSION MADE BY YOU OR YOUR AGENT, WHETHER AUTHORIZED OR NOT. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE WORLD WIDE WEB OR INTERNET USING OUR SEARCH RESULTS. WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF OUR SERVICES AND PRODUCTS OR CONTENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH US IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR STORING ON YOUR COMPUTER OF ANY SUCH MATERIAL. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SERVICES AND PRODUCTS AND THE ACCURACY OR COMPLETENESS OF ANY AND ALL CONTENT. WE MAKE NO WARRANTY AND DISCLAIM LIABILITY FOR 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. WE MAKE NO WARRANTY AND DISCLAIM LIABILITY FOR EVENTS BEYOND OUR REASONABLE CONTROL. WE DISCLAIM LIABILITY AND MAKE NO WARRANTY THAT THE FUNCTIONS CONTAINED AT OUR SITE WILL MEET YOUR REQUIREMENTS; OR THAT THEIR OPERATION WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; OR THAT DEFECTS WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR AND DO NOT WARRANT RESULTS FROM OUR SERVICES OR CONTENT. EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR PRODUCTS, SERVICES AND PROGRAMS. EXAMPLES AND TESTIMONIALS ON THE SITE ARE NOT BE TO INTERPRETED AS PROMISES OR GUARANTEES OF EARNINGS OR RESULTS.
- CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF OUR SERVICES OR $50 (WHICHEVER IS LESS).
- YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE INSPIRE PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES AND PRODUCTS (INCLUDING YOUR USE OF THE CONTENT). WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
- 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 accessible 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.
- 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.
- Reservation of Rights. We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary rights that we may have in our Site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our Website, services and/or products without our prior written consent.
- "DomainPower.com." is a registered United States Trademark as well as a registered International Trademark in the European Union and is also protected by various international laws and treaties.
Notice and Procedure for Claims of Copyright Infringement
- If you believe that any content, user material, or other material provided through the Site, including through a link, infringes your copyright, you should notify us of your infringement claim in accordance with the procedure set forth below.
- We will process each notice of alleged infringement that we receive and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to our copyright agent with the subject line: "DMCA Takedown Request."
Our contact information is:
777 East Atlantic Avenue, Suite 312
Delray Beach, Fl 33483
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site that is reasonably sufficient to enable us to identify and locate the material; (iv) how we can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
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.
Links to Third Party Sites
- Our Websites contain links to other Internet sites that our business partners and other third parties own or operate. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over third party sites and we are not responsible for any changes to or content on them. Our inclusion of any material in our search database or a link on our sites is not an endorsement of that material or link or the companies that own or operate the material or linked sites.
National Do Not Call Registry
- Please be advised that if you complete a contact form on the Site, you have expressly agreed to be contacted via telephone by us, regardless of whether you are listed on the National Do Not Call Registry.
Consent to Receive Marketing
- You specifically consent to receive e-mails and marketing materials from us, our affiliated companies and authorized vendors but may opt out at any time.
- 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.
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 From Us to You
- Notices to you may be issued via electronic mail or by surface mail, at our sole selection. You must accept all notices from us.
- 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.
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.
Dispute Fees and Costs
- In the event it is necessary for us to refer any dispute between us 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, including appeals, 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 firstname.lastname@example.org along with a reasonably comprehensive explanation of the basis for the dispute before you file suit.
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.
I AGREE TO BE BOUND BY EACH AND EVERY TERM AND CONDITION OF THE FOREGOING.