DomainNamePeople.com Universal Terms of Service for DomainNamePeople.com Software and Services |
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This Agreement ("Agreement") is by and between DomainNamePeople.com
("DomainNamePeople.com") a/an AZ individual 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 DomainNamePeople.com software (“Software”)
and services (“Services”) and explains DomainNamePeople.com ’s
obligations to You and Your obligations to DomainNamePeople.com in
relation to the Software and Services You purchase. This
Agreement as well as any additional DomainNamePeople.com policies,
together with all modifications thereto, constitute the complete and
exclusive agreement between You and DomainNamePeople.com concerning
Your use of DomainNamePeople.com ’s Software and Services, and
supersede and govern all prior proposals, agreements, or other
communications. All DomainNamePeople.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 DomainNamePeople.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
DomainNamePeople.com may establish from time to time, and any
agreements that DomainNamePeople.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 DomainNamePeople.com, whether or not the transactions
were in Your behalf. You acknowledge that DomainNamePeople.com ’s
acceptance of any application made by You for Services provided by
DomainNamePeople.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 DomainNamePeople.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
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1. TERM OF AGREEMENT; MODIFICATIONS.
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You agree that DomainNamePeople.com may modify this Agreement and the
Services from time to time. You agree to be bound by any changes
DomainNamePeople.com may reasonably make to this Agreement when such
changes are made. If You have purchased Services or Software from
DomainNamePeople.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,
DomainNamePeople.com will not refund any amounts You have paid. You
agree that DomainNamePeople.com shall not be bound by any
representations made by third parties who You may use to purchase
Services from DomainNamePeople.com , and that any statement of a
general nature, which may be posted on DomainNamePeople.com ’s Web site
or contained in DomainNamePeople.com ’s promotional materials, will not
bind DomainNamePeople.com . DomainNamePeople.com may, at times, offer
certain promotions with different charges and features.
You agree that You will be responsible for notifying
DomainNamePeople.com should You desire to terminate Your use of
DomainNamePeople.com 's Services. Notification of Your intent to
terminate must be provided to DomainNamePeople.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
DomainNamePeople.com , as needed, while You are using
DomainNamePeople.com ’s Services. You agree You will notify
DomainNamePeople.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
DomainNamePeople.com to determine the validity of information provided
by You will constitute a material breach of this Agreement.
You agree that DomainNamePeople.com may use and rely on any such
information provided by You for all purposes in connection with Your
Services, subject to DomainNamePeople.com ’s Privacy Policy
. If You provide any information that is inaccurate, not current,
false, misleading or incomplete, or if DomainNamePeople.com has
reasonable grounds to suspect that Your information is inaccurate, not
current, false, misleading or incomplete, DomainNamePeople.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 DomainNamePeople.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 customer number/login, password, credit card
number, and shopper PIN (collectively, the "Account Access
Information"). You agree You are entirely responsible for any and all
activities that occur under Your account. You agree to notify
DomainNamePeople.com immediately of any unauthorized use of Your
account or any other breach of security. You agree DomainNamePeople.com
will not be liable for any loss that You may incur as a result of
someone else using Your Account Access Information, either with or
without Your knowledge. You further agree You could be held liable for
losses incurred by DomainNamePeople.com or another party due to someone
else using Your Account Access Information. For security purposes, You
should keep Account Access Information in a secure location and take
precautions to prevent others from gaining access to Your Account
Access Information. 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. DomainNamePeople.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 DomainNamePeople.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 DomainNamePeople.com if, for any reason,
DomainNamePeople.com takes corrective action with respect to Your
improper or illegal use of its Services. DomainNamePeople.com
reserves the right at all times to disclose any information as
DomainNamePeople.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 DomainNamePeople.com's sole discretion. If You have
purchased Services, DomainNamePeople.com has no obligation to monitor
Your use of the Services. DomainNamePeople.com reserves the right to
review Your use of the Services and to cancel the Services in its sole
discretion. DomainNamePeople.com reserves the right to terminate Your
access to the Services at any time, without notice, for any reason
whatsoever. DomainNamePeople.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
DomainNamePeople.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.
DomainNamePeople.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, DomainNamePeople.com may also cancel Your use of the
Services, after thirty (30) days, if You are using the Services, as
determined by DomainNamePeople.com in its sole discretion, 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 or use unethically minors in any way. Notwithstanding
anything to the contrary herein, in the event DomainNamePeople.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
DomainNamePeople.com in connection with the Services being canceled. In
the event DomainNamePeople.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 DomainNamePeople.com if, for
any reason, DomainNamePeople.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 DomainNamePeople.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 DomainNamePeople.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
DomainNamePeople.com 's actual damages. You acknowledge You have read
and understand and agree to be bound by the terms and conditions of
DomainNamePeople.com ’s Anti-spam Policy, available here . Such terms
and conditions are applicable to the use of all DomainNamePeople.com
Software and Services and are incorporated herein. |
7. INTELLECTUAL PROPERTY.
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You agree that DomainNamePeople.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 DomainNamePeople.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 DomainNamePeople.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 DomainNamePeople.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 DomainNamePeople.com SOFTWARE.
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If You have licensed software from DomainNamePeople.com ,
DomainNamePeople.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.
DomainNamePeople.com reserves all rights to the Software. The Software
and any copies You are authorized to make are the intellectual property
of DomainNamePeople.com . The source code and its organization are the
exclusive property of DomainNamePeople.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
DomainNamePeople.com . DomainNamePeople.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 DomainNamePeople.com, You agree to pay
DomainNamePeople.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. DomainNamePeople.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
DomainNamePeople.com ’s prepaid service Good as Gold, (“Prepaid
Services”) to establish a cash reserve for charge by
DomainNamePeople.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,
DomainNamePeople.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 DomainNamePeople.com, at DomainNamePeople.com's then
current rates. If for any reason DomainNamePeople.com is
unable to charge Your Payment Method for the full amount owed
DomainNamePeople.com for the Services provided, or if
DomainNamePeople.com is charged a penalty for any fee it previously
charged to Your Payment Method, You agree that DomainNamePeople.com may
pursue all available remedies in order to obtain payment. If You pay by
credit card and if for any reason DomainNamePeople.com is unable to
charge Your credit card with the full amount of the Services provided,
or if DomainNamePeople.com is charged back for any fee it previously
charged to the credit card You provided, You agree that
DomainNamePeople.com may pursue all available remedies in order to
obtain payment. You agree that among the remedies DomainNamePeople.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.
DomainNamePeople.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 DomainNamePeople.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. While all purchases are
processed in US dollars, DomainNamePeople.com may provide an estimated
conversion price to currencies other than US dollars. You acknowledge
and agree that the pricing displayed during the checkout process is an
estimate. Due to potential slight time delays between actual purchase
and the payment settlement, the actual price charged may fluctuate.
Accordingly, DomainNamePeople.com makes no representations or
warranties that the actual price will be the same or substantially
similar to the actual price You will pay and You waive any and all
claims based upon any discrepancy between the estimate and the actual
price. In addition, you may be charged VAT, based on the country
indicated in Your billing address section. Any amounts to be charged
will appear during the checkout process. |
A. Good as Gold Prepaid Services
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| Service Details.
By using DomainNamePeople.com ’s Prepaid Services, You can transfer
funds to DomainNamePeople.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
DomainNamePeople.com . As consideration for the Services purchased by
You and provided to You by DomainNamePeople.com , You agree to pay
DomainNamePeople.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
DomainNamePeople.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 DomainNamePeople.com , which will not accrue or pay
interest for Your benefit. To the extent interest may accrue, if any,
You understand and agree that DomainNamePeople.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
DomainNamePeople.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
DomainNamePeople.com ’s bank, which may reduce the amount of the money
received by DomainNamePeople.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 DomainNamePeople.com . You hereby
expressly give DomainNamePeople.com permission to reduce Your Account
by the amount of wire transfer fees DomainNamePeople.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.
DomainNamePeople.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
DomainNamePeople.com purchase process at DomainNamePeople.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 DomainNamePeople.com ’s Web site. Your
Account will show purchases and the amount of funds remaining in Your
Account. DomainNamePeople.com reserves the right at all times to
disclose any information about Your Account as DomainNamePeople.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 DomainNamePeople.com . Specific Representations and Warranties
You agree that DomainNamePeople.com makes no representations or
warranties of any kind in connection with Prepaid Services.
DomainNamePeople.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
DomainNamePeople.com , as well as its affiliates, subsidiaries,
officers, directors and employees. DomainNamePeople.com also reserves
the right to freeze an Account during resolution of a dispute. |
B. Payment By Check
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By using DomainNamePeople.com ’s pay by check option (“Pay By Check”),
You can purchase DomainNamePeople.com Software and Services using a
personal check. In consideration for the Software and Services
purchased by You and provided to You by DomainNamePeople.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 DomainNamePeople.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
DomainNamePeople.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 DomainNamePeople.com ’s pay by PayPal, Inc. (“PayPal”) option
(“Pay by PayPal”), You can purchase DomainNamePeople.com Software and
Services using PayPal. In consideration for the Software and Services
purchased by You and provided to You by DomainNamePeople.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 DomainNamePeople.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
DomainNamePeople.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. |
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.
DomainNamePeople.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
DomainNamePeople.com , as well as its affiliates, subsidiaries,
officers, directors and employees. DomainNamePeople.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 DomainNamePeople.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
DomainNamePeople.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, DomainNamePeople.com ’s liability is limited to
the full extent permitted by law. You agree that in no event shall
DomainNamePeople.com ’s maximum aggregate liability exceed the total
amount paid by You for the particular Software or Service in dispute
purchased from DomainNamePeople.com . |
12. DISCLAIMER OF WARRANTIES .
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DomainNamePeople.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. DomainNamePeople.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. DomainNamePeople.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 DomainNamePeople.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 DomainNamePeople.com whether or not on Your behalf, and
whether or not with Your permission) use of the Software or Services
You purchased from DomainNamePeople.com or Your breach of this
Agreement or incorporated agreements and policies. In addition, You
agree to indemnify and hold DomainNamePeople.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
DomainNamePeople.com be notified of a pending law suit, or receive
notice of the filing of a law suit, DomainNamePeople.com may seek a
written confirmation from You concerning Your obligation to indemnify
DomainNamePeople.com . Your failure to provide such a confirmation may
be considered a breach of this agreement. You agree that
DomainNamePeople.com shall have the right to participate in the defense
of any such claim through counsel of its own choosing. You agree to
notify DomainNamePeople.com of any such claim promptly in writing and
to allow DomainNamePeople.com to control the proceedings. You agree to
cooperate fully with DomainNamePeople.com during such proceedings.
You agree to cooperate fully with DomainNamePeople.com during such
proceedings. You agree You will not be entitled to a refund of any fees
paid to DomainNamePeople.com if, for any reason, DomainNamePeople.com
takes corrective action with respect to Your improper or illegal use of
its services. You also agree that if DomainNamePeople.com is notified
that a complaint has been filed with a governmental, administrative or
judicial body, regarding a Traffic Facts account of Yours with
DomainNamePeople.com , that DomainNamePeople.com , in its sole
discretion, may take whatever action DomainNamePeople.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.
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This agreement shall be deemed entered into in the State of Arizona.
Except for disputes concerning the user of a domain name registered
with DomainNamePeople.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 DomainNamePeople.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.
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You agree that all notices (except for notices concerning breach of
this Agreement) from DomainNamePeople.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 DomainNamePeople.com. In either
case, delivery shall be deemed to have been made five (5) days after
the date sent. Notices from You to DomainNamePeople.com shall
be made either by email, sent to the address provided on the
DomainNamePeople.com Web site, or first class mail to
DomainNamePeople.com ’s address at: DomainNamePeople.com, Attn: Legal Counsel, 14455 North Hayden Rd., Suite 219, Scottsdale, AZ, 85260. |
16. HEADINGS.
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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.
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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 DomainNamePeople.com
regarding the Services contemplated herein. |
18. SEVERABILITY.
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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.
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The failure of DomainNamePeople.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 DomainNamePeople.com thereafter to enforce such provisions. |
20. FORCE MAJEURE.
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DomainNamePeople.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
DomainNamePeople.com liable for any of the consequences of such
interruptions. |
21. SURVIVAL.
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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.
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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
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If You purchase Services from DomainNamePeople.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 Traffic Blazer End User License Agreement Traffic Facts Service Agreement Domain Name Appraisal Service Agreement Online Group Calendar End User License Agreement Business WhoIs Listing End User License Agreement Online Photo Filer Service 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: 7/26/2007
Copyright ©
2005 - 2007 All Rights Reserved.
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