Terms of Use

In this Services Agreement (“Agreement”) “you” and “your” refer to you, the customer, and “we,” “us,” and “our” refer to DomainsBot, S.r.l. (“DomainsBot”), the owner and operator of DomainsBot.com. This Agreement explains our obligations to you, and explains your obligations to us regarding your use of the DomainsBot services. By using the DomainsBot services or the services of our partners, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, our Privacy Policy, and any other pertinent rules or policies that we do or may publish from time to time. Notwithstanding any other written or oral statements you believe DomainsBot may have made to you, this Agreement constitutes the entirety of DomainsBot’s agreements with and obligations to you and the entirety of your contractual rights in your relationship with DomainsBot. Our Privacy Policy, located on our web site at www.DomainsBot.com and incorporated herein by reference, further sets forth your and our rights and responsibilities with regard to your personal information.

Prohibited Conduct

Any misuse of DomainsBot resources that disrupts the normal use of the system is strictly prohibited. Such system abuse may lead to termination of the account. Examples of system abuse include but are not limited to spawning many processes that consume resources and consuming excessive amounts of disk storage or main memory or CPU for long periods of time. Any attempts to penetrate DomainsBot’s security will result in the termination of your account without notice, as well as notification of appropriate law-enforcement agencies.

Your Representations and Warranties

You agree and warrant that: (i) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, and (ii) you are of legal age and capacity to enter into this Agreement.

DomainsBot Disclaimer of Warranties

You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an “AS IS,” and “AS AVAILABLE” basis. DOMAINSBOT 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, TITLE, AND NON-INFRINGEMENT. DOMAINSBOT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION, OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. We make no warranty that our services(s) will meet your requirements or that the service(s) will be uninterrupted, timely, secure or error-free; nor do we make any warranty as to the results that may be obtained from the use of the service(s) or as to the accuracy or reliability of any information obtained in our web site. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through any of our services or any transactions entered into through such services. No advice or information, whether oral or written, obtained by you from us or through our web site shall create any warranty not expressly made herein. To the extent that any jurisdiction does not allow the exclusion of such warranties, these disclaimers will apply to the greatest extent possible.

Dispute Policy

Should we be sued or threatened with a lawsuit in connection with your use of our services, you agree to hold us harmless and indemnify us pursuant to the Indemnity provision of this agreement. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name or use of DomainsBot services. You will not name us as a party or otherwise include us in any such proceeding. This Agreement, and the services provided hereunder, will be governed by the laws of the United States and the State of New York, without reference to rules governing choice and conflicts of laws. Any action relating to this Agreement must be brought in a mutually agreed upon, competent arbitration forum in the state of New York.

Limitation of Liability

DOMAINSBOT AND ITS PARTNERS, AFFILIATES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF DOMAINSBOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE EXPLICITLY DISCLAIM ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO:

(a) INTERRUPTION OF YOUR BUSINESS, WEB SITE, EMAIL, OR OTHER SERVICES;
(b) ACCESS DELAYS OR INTERRUPTIONS TO OUR WEB SITE;
(c) NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR MODIFICATION OF DATA;
(d) USE OR MISUSE OF YOUR USER NAME OR PASSWORD;
(e) ERRORS, OMISSIONS, OR MISSTATEMETNS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED UNDER THIS AGREEMENT;
(f) EVENTS BEYOND THE REASONABLE CONTROL OF DOMAINSBOT, INCLUDING WITHOUT LIMITATION FAILURE OF ELECTRICAL OR TELECOMMUNICATIONS SERVICES; or
(g) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES.

DomainsBot’s entire liability, and your exclusive remedy, with respect to any DomainsBot services provided under this Agreement and any breach of this Agreement is limited solely to the amount you paid DomainsBot for such services. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages; in such states, our liability is limited to the greatest extent permitted by law.

Indemnity

You agree to release, defend, indemnify, and hold DomainsBot and its directors, officers, employees, contractors, agents, strategic partners and affiliates harmless from all liabilities, claims and expenses (including attorney’s fees, expenses, and DomainsBot’ reasonable out-of-pocket costs) relating to or arising under this Agreement (“Claims”), your domain name or its use or renewal, the DomainsBot services provided hereunder, or your use thereof, including without limitation infringement of any intellectual property or other proprietary right of any person or entity, or from the violation of any DomainsBot operating rule or policy relating to the services provided. You shall not enter into any settlement or compromise of any Claims without our prior written permission, which permission shall not be unreasonably withheld. If, in the opinion of our legal counsel, a conflict of interest exists or may reasonably be expected to exist in connection with your assumption of our defense, we shall be entitled to conduct and control its own defense. This indemnification is in addition to any indemnification required under the UDRP or any similar policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of the DomainsBot service.

Miscellaneous

This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. If any provision of this Agreement, or portion thereof, is found to be unenforceable, such provision will be enforced to the maximum extent possible and the remainder of this Agreement will continue in full force and effect. This Agreement constitutes the entire understanding between the parties relating to the subject matter of this Agreement and supersedes all prior writings, negotiations or understandings with respect thereto. This Agreement will not be amended or supplemented by the preprinted terms or conditions on any purchase order, acknowledgment or other business form employed by either party. Except as set forth herein, no modification or addition to this Agreement will have any effect unless it is set forth in writing and signed by both parties. DomainsBot is not responsible for any offense you perceive in the meaning – in English or in different languages including slang versions of those languages – of the suggestions returned by our system. These suggestions are automatically generated based on linguistic patterns and, because language includes terms some people find offensive, suggestions may at time contain language considered offensive by some. The system uses an adult filter, which is turned on by default. This filter may not remove every word you consider offensive and may not exclude terms to your satisfaction in every case.

Registration of domain names

DomainsBot has partnerships with various registrars for the purpose of registering domain names. Your agreement with the registrar who registers your domain names will govern your rights and obligations when you register domain names.

Customer Postings

We reserve the right to edit or refuse to publish any and all postings our customers may attempt to make to parts of our site dedicated to featuring customer comments or reviews.

Terms of Use | Privacy Policy

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