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.