1. Acceptance of Terms
By accessing, browsing, and/or using the website at www.domainhistory.net or any other website owned or controlled by Domainex Inc. ("Domainex") (collectively, "Site"), including any service provided on or via Site (the "Services") you agree to be bound by these Terms of Service (the "TOS").
Site, including all information, data, content, materials, graphics, logos, and software (the "Content") is made available to you for your personal, non-commercial use and subject to the terms and conditions set forth in this agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THEN DO NOT USE OR ACCESS SITE OR SERVICES.
Domainex reserves the right to change the TOS from time to time at its sole discretion. Your use of Site will be subject to the most current version of the TOS posted on Site and any changes to this agreement shall be effective as of the date published. By using Site or Services you acknowledge and agree to discontinue using Site and Service if you do not agree to the TOS or changes to the TOS.
2. Eligible Users
You may not use DomainHistory if you lack legal capacity to enter into legally binding contracts or if use of the DomainHistory is prohibited by law in the country where you are located. You must be at least 18 year of age or older to use DomainHistory.
3. Membership and Fees
Access to some Services are made available to users who pay membership fees ("Members"). The rates for membership and Service fees are published on Site. All fees are non-refundable and due in advance.
Access to some Services may be without charge and/or without requiring prior registration. That does not alter the binding effect of this agreement.
For the purposes of this agreement, "Users" shall refer to both registered and unregistered, paying and non-paying, users.
Users who wish to become Members or purchase our Services may pay the applicable fees via a credit card. By purchasing a paid membership or other Account upgrade via credit card the User agrees to allow Domainex to immediately charge the credit card for the full amount of the new membership or upgrade and to rebill the card for the total monthly or yearly cost of the membership on the User's rebill date. All transactions are subject to anti-fraud screening. We reserve the right to cancel any account at any time and for any reason. Memberships and Services are offered at our sole discretion and may be temporarily or permanently disabled at our discretion.
4. Use of Content
The Content may be used solely for informational, personal, non-commercial purposes. Without the prior written consent of Domainex, or unless specifically allowed by certain paid Services, Users are not allowed to copy, download, print, distribute, republish, sell or make the Content available to others.
5. Intellectual Property
Except content provided by you and accepted by us ("your data"), you may not distribute, modify, copy, republish, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from Site, except as expressly provided herein. Except as to your data, all content, database information, data and services available on, and collected as a whole through this Site, are property of Domainex and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws in the United States and internationally. Certain names, products or services that may be mentioned in Site may be the trademarks of their respective owners. All rights are reserved.
6. Information Provided
All information provided on Site or Services is generated using automated means and is subject to errors, inaccuracies, inconsistencies and incompleteness which may or may not be corrected by Domainex, at Domainex's discretion.
Information provided on DomainHistory is gathered using automated means from public sources such as registrar whois records, web sites and search engines. Although Domainex takes steps to ensure all information provided is accurate and recent, Domainex cannot guarantee the accuracy, condition or availability of any information provide on Site or Services. All information is provided on an "as is" basis.
Any additional website information, such as title, description, or third party web images such as thumbnails, or full size images, are the property of the third party website. This information was obtained using automated means and may be inaccurate, out of date and subject to errors. All displayed third party information complies with the Fair Use Exemption of Intellectual Property laws.
7. Summary Reports
Site provides access to summarized reports that provide a graphical and textual representation of data linked to a specific query. The data provided in summary reports is generated using automated means and is subject to errors, inaccuracies, inconsistencies and incompleteness.
The purpose of the information is to provide a general summary of all domains, contact names, emails, IPs, and other information related to a specific query. Since the data is generated using automated means from third party sources such as whois, it may be inaccurate, out of date or incomplete. Any such data or reports should never be used to make a buying, selling, offer or legal decision.
8. Access to Site
Domainex reserves the right to limit or refuse User's access to Site or Service at any time. Domainex reserves the right to change the requirements for accessing Site and the Services at any time and for any reason at its sole discretion, including changes to membership fees or other fees for Services.
Domainex reserves the right to alter, suspend, or discontinue Site or any of the Services at any time and for any reason, without prior notice to you. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. Domainex shall not be liable to User or any third party for any termination or cancellation of your access to, or use of, Site.
Domainex may at any time terminate your Membership or block your access to Site if:
i. You have breached any provision of this agreement
ii. If required to do so by law.
iii. Domainex has elected to discontinue Site or Services (or any part thereof)
9. Third Party Web Sites
Site may provide links to third-party web sites, which are not under the control of Domainex. Domainex makes no representations about third-party web sites and provides these links merely as a convenience. The inclusion of such links does not imply that Domainex endorses, recommends, or accepts any responsibility for the content of such sites. You understand and agree that Domainex shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of a third party web site or any information or materials received from a third party web site. Furthermore, you understand and agree that Domainex is not responsible for the reliability of any data, opinions, advice, or statements made on third party sites.
10. Term and Termination
You remain bound by these terms and conditions until this agreement is properly terminated. You may terminate the TOS provided that you have no outstanding payment or other obligations due to Domainex. Domainex may terminate the TOS and your access to Site or Services at any time, with or without cause or notice, and without liability. Upon termination, you will no longer have access to Content, Site or Services. Notwithstanding termination of the TOS by you or by Domainex, the provisions in this TOS shall remain in full force and effect.
11. LIABILITY DISCLAIMER AND INDEMNIFICATION
YOUR USE OF SITE AND/OR SERVICES, INCLUDING ANY DATA PROVIDED, IS AT YOUR SOLE RISK. THE ACCURACY, CONDITION AND AVAILABILITY OF SITE AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. DOMAINEX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DOMAINEX MAKES NO WARRANTY THAT: (i) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (iii) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL DOMAINEX, ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THESE TOS (HOWEVER ARISING, INCLUDING GROSS NEGLIGENCE). WITHOUT AFFECTING THE LIMITATIONS OF LIABILITY IN THIS SECTION, THE LIABILITY OF DOMAINEX, AND/OR ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IS LIMITED IN ALL CIRCUMSTANCE TO $1.00. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD DOMAINEX AND ANY PARENT, SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, AGENT, AND EMPLOYEE (EACH AN "INDEMNITEE") HARMLESS FROM ANY LOSS, LIABILITY, EXPENSE, CLAIM OR DEMAND (INCLUDING REASONABLE ATTORNEYS' FEES) (COLLECTIVELY "CLAIM"), ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH (i) ANY ACT OR OMISSION BY YOU, INCLUDING, YOUR USE OF SITE OR ANY SERVICES OR YOUR BREACH OF THESE TOS OR ANY OTHER AGREEMENT WITH ANY THIRD PARTY OR WITH DOMAINEX, INCLUDING ONE INCORPORATED BY REFERENCE, (ii) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF DOMAINEX OR ANY THIRD PARTY, INCLUDING ANY ALLEGED OR ACTUAL VIOLATION OF ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHTS, AND/OR (iii) ANY ACT OR OMISSION ON THE PART OF ANY INDEMNITEE (PROVIDED THAT YOU SHALL NOT BE OBLIGATED TO INDEMNIFY AS TO ACTS OR OMISSIONS BY INDEMNITEES TO THE EXTENT SUCH CLAIM AROSE AS A DIRECT CONSEQUENCE OF AN INTENTIONAL ACT BY SUCH INDEMNITEE).
12. Disputes & Arbitration
SUBJECT TO RIGHTS OF THE PARTIES TO SEEK INJUNCTIVE RELIEF OR SPECIFIC PERFORMANCE, ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH SITE OR ANY SERVICE, INCLUDING WITHOUT LIMITATION, THIS OR ANY INCORPORATED AGREEMENT OR INTELLECTUAL PROPERTY RIGHTS SHALL BE RESOLVED ONLY BY BINDING ARBITRATION, CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION IN THE STATE OF DELAWARE, USA, ACCORDING TO THE PROVIDER'S RULES. IF EITHER YOU OR DOMAINEX ELECTS, THEN NOTWITHSTANDING ANY PROVIDER RULES, WHERE THE TOTAL AMOUNT OF AWARD SOUGHT IS LESS THAN $10,000, ARBITRATIONS SHALL BE CONDUCTED WITHOUT DISCOVERY AND ONLY BY TELEPHONE, ON-LINE AND/OR BASED SOLELY UPON WRITTEN SUBMISSIONS WITHOUT IN-PERSON APPEARANCES OF PARTIES OR WITNESSES.
DEMAND FOR ARBITRATION SHALL BE MADE WITHIN A REASONABLE TIME AFTER THE CLAIM, DISPUTE, OR OTHER MATTER IN QUESTION HAS ARISEN (AND IN NO EVENT AFTER ONE (1) YEAR FOLLOWING DATE UPON WHICH THE CLAIM FIRST AROSE). NOTICE SHALL BE SERVED UPON ALL PARTIES AND THE ARBITRATION SERVICE. ANY ARBITRATOR SHALL BE EXPERIENCED IN THE SUBJECT MATTER CONCERNED.
13. Miscellaneous Provisions
These TOS shall be governed by and construed in accordance with the State of Delaware, without application of principles of conflicts of laws. If any part of the TOS is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOS shall continue in effect. Unless otherwise specified herein, these TOS constitute the entire agreement between you and Domainex with respect to the Site and Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Domainex with respect to Site or Services.