Legal
Privacy Policy
Disclaimer
Terms of Agreement
Privacy Policy
Certain functionality on our site, including registration form(s), opt-in
form(s), and various program form(s), require you to give us contact
information. This contact information including name, e-mail address, etc. is
used for the benefit of all so that we may communicate important information
about our services and your account.
Individual users may opt-out of receiving specific mailings by selecting appropriate boxes
throughout our Web site. Unless otherwise agreed to by electronic signature,
information about you is not shared with outside organizations or sold to any
other 3rd parties. Although we deploy leading technology to protect
against misuse of your information and encourage our business partners and
affiliates to maintain the highest standards we do not have control over
information not directly relating to our site.
We may use other third-party advertising companies to serve ads when you visit our
site. These companies may use information (not including your name, address,
e-mail address or telephone number) about your visits to this and other web
sites in order to provide advertisements on this site and other sites about
goods and services that may be of interest to you.
DomainSpa.com uses reasonable efforts not to collect, use or disclose individually
identifiable information from children under the age of 13. The Services are
not targeted at children, and children may not register for any portions of the
Services that require registration. Please check with those sites to determine
their privacy policy.
If you have any questions about our site, this privacy policy, or our general procedures, please contact:
DomainSpa.com
Attn: Client Services
PO BOX 120
Livingston, NJ 07039-0120
E-mail: 
Disclaimer
This web page, and the other pages of DomainSpa, are provided by
the company as a service to the public. It is hoped that the information
provided here will be helpful to readers in familiarizing themselves with the
concept of domain names and the relation they have to intellectual property
issues and how these issues may affect them. As legal advice must be tailored
to the specific circumstances of each case, nothing provided herein should be
used as a substitute for the advice of competent counsel. In addition, be aware
that intellectual property law varies considerably from jurisdiction to
jurisdiction. Therefore, some information in these web pages may not be correct
as it pertains to your jurisdiction.
Information on this web site may contain inaccuracies or typographical errors.
Information may be changed or updated without notice. This website does not
constitute an offer or contract.
As a service to you, we may provide links to other web sites that we feel have
relevant content. However, we make no representations whatsoever about other
web sites that you may access through this one. When you access a non-DomainSpa
web site, please understand that it is independent from DomainSpa, and that
DomainSpa has no control over the content on that web site. In addition, a link
to a non-DomainSpa web site does not mean that DomainSpa endorses or accepts
any responsibility for the content, use or products and services made available
through such web site.
Domain name owner represents and warrants that, to the best of its
knowledge, each domain name it elects to park with DomainSpa does not
violate the trademark, copyright and patent rights of any party in
connection with the goods
and/or services advertised on Domain Spa in connection with the parked
domain name. Domain name owner is responsible for conducting a
trademark
search (and other legal searches) concerning each domain name parked
with DomainSpa, and is
responsible for advising DomainSpa of any products or services that
should
not be advertised in connection with any domain name because such
products
or services are covered by a trademark or service mark, whether
registered
or common law. Domain name owner agrees to indemnify, defend and hold
harmless DomainSpa for any claims made by any party alleging that a
domain
name parked with DomainSpa constitutes a trademark violation.
IN NO EVENT WILL DOMAINSPA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,
SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ANY
OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE
ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Search Services are provided “AS IS” WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DOMAINSPA DOES NOT WARRANT THAT THE SEARCH SERVICES OR DOMAINSPA SITE(S) ARE ERROR-FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION, OR WITH RESPECT TO THEIR QUALITY, RELIABILITY, TIMELINESS OR SECURITY. AFFILIATE AGREES THAT DOMAINSPA IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR HARDWARE, SOFTWARE, OR OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY OTHER PARTY OR NOT WITHIN THE REASONABLE CONTROL OF DOMAINSPA.
EXCEPT FOR A BREACH IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM SUCH PARTY’S PERFORMANCE OR NON-PERFORMANCE UNDER ANY PROVISION OF THE AGREEMENT INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, OR THE COST OR PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR PRODUCT OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF EITHER PARTY UNDER THE AGREEMENT SHALL NOT FOR ANY CLAIM OR SERIES OF CLAIMS EXCEED THE AMOUNT PAYABLE BY DOMAINSPA TO AFFILIATE DURING THE SIX (6) MONTH PERIOD ENDING ON THE DATE THE CAUSE OF ACTION ACCRUES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE LIMITATIONS SET FORTH IN THIS SECTION DO NOT APPLY WITH RESPECT TO THE INDEMNIFICATION OBLIGATIONS OF EITHER PARTY UNDER THE AGREEMENT, OR TO A BREACH BY A PARTY OF ITS CONFIDENTIALITY OBLIGATIONS, OR TO A CLAIM ARISING OUT OF THE FAILURE OF A PARTY TO ABIDE BY ANY LICENSE RESTRICTIONS.
INFORMATION ON THIS WEB SITE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Terms of Agreement
This Agreement shall govern participation in the DomainSpa.com program (the
"Program"). By participating in the Program, you are agreeing to be
bound by these Terms of Service. The term 'Affiliate' shall refer to any
individual or entity who accepts the terms and conditions of this Agreement by
submitting the Program registration information and checking the "I
Agree" checkbox. The Program is offered to you by DomainSpa.com.
Payment
Payment The Program will pay Affiliate a commission earned for each approved click on Program textlink or searchbox.
Affiliate will be paid via check or services of Paypal.com in U.S. currency only, about five business days (5)
after DomainSpa receives from its PPC partners commissions earned during the prior month less any amount the Program
determines, in its sole discretion, was not validly earned from proper use of the Affiliate's website. No checks will
be issued for any amount less than twenty-five dollars and the cost of mailing the issued check may be deducted from
an Affiliate commissions. Un-issued earnings will be held until the month in which the total amount due is accumulated
to at least twenty-five dollars ($25) or you can receive payment on amounts lesser than $25 via services of PayPal.com.
In some cases payment could be done utilizing either electronic or wire transfer services. The cost of such
transaction(s) will be deducted from an Affiliate commissions. No payment will be maid if an Affiliate terminates
the Program with total earnings less than $25.00. Affiliate understands and agrees that shall not withhold Taxes
from any payments due to Affiliate and that it is the responsibility of Affiliate to pay all local, state, federal,
and/or foreign taxes on income received from the Service. Affiliate agrees to indemnify from and reimburse to the
Program any claim or assessment of Taxes by any foreign, United States, state, and/or local taxing authority, and
any other costs and damages, arising from or in connection with the operation of this paragraph.
Terms & Termination
All of the following terms and conditions must be adhered to and are legally
binding immediately upon agreement.
- The Program reserves the right to terminate any agreement at their discretion at any time.
- Affiliate may not generate traffic to their website or our links by any of the follow
methods: listings on newsgroups, bulk e-mailing, ICQ postings, or chatroom/IRC
postings, iframes, zero pixel frames, hitbots, clickbots, spiders, cgi-scripts,
java-scripts, or any other similar method.
- Affiliate may not beg, ask, entice, or incentivize users into clicking on our links.
- Affiliate may not mislead visitors into believing that he/she will receive anything other
than an internet search by clicking on a textlink or search box.
- Affiliates will not be credited for majority of the traffic that originates from countries not covered by our PPC providers.
- Inability to comply with any of said terms of agreement will forfeit any unpaid earnings and
result in the termination of Affiliate's account. Further legal course of
action may be considered to prosecute violating Affiliates.
Representations & Warranties
The Program represents and warrants that it has full power and authority to enter
into this Agreement. THE PROGRAM IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY
THIRD PARTIES (INCLUDING ADVERTISERS). THE PROGRAM AND ITS LICENSORS MAKE NO
OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE, AND NONINFRINGEMENT.
Confidentiality
During the term of this Agreement and for one year after termination of this
Agreement, Affiliate agrees to safeguard and, except for the benefit of the
Program, not to disclose to anyone outside the Program any proprietary or
confidential information acquired during this Agreement. Such information
includes, without limitation, business plans, customer lists, operation
procedures, trade secrets, design formulas and programming code, know-how and
processes, computer programs and inventions, discoveries, and improvements of
any kinds.
Modifications
The Program reserves the right to change any of these terms and conditions at any
time without notice. You are responsible for complying with complying with any
changes to the terms and conditions within 10 days of the date of change.
General
Affiliate shall indemnify, defend, and hold harmless the Program, and its officers, directors, shareholders, employees, agents, and
representatives (collectively, "Indemnitee"), against all liability,
demands, claims, costs, losses, damages, recoveries, settlements, and expenses
(including interest, penalties, attorney fees, accounting fees, and expert
witness fees) incurred by Indemnitee ("Losses"), known or unknown,
contingent or otherwise, directly or indirectly arising from or related to this
Agreement. Affiliate may not assign any of its rights or delegate any of its
duties under this Agreement without the prior written consent of the Program.
Despite such consent, no assignment shall release the assignor of any its
obligations or alter any of its primary obligations to be performed under the
Agreement. This Agreement is made solely for the benefit of the parties to this
Agreement and their respective successors and assignees, and no other person or
entity shall have or acquire any right by virtue of this Agreement. This
Agreement shall be governed and interpreted by the laws of New Jersey.
Affiliate is an independent contractor and in no way and under no circumstances
that Affiliate should look to the Program for compensation and benefits as an
employee. If any party fails to perform its obligations because of strikes,
lockouts, labor disputes, embargoes, technical problems of DomainSpa or its providers, acts of God, inability to obtain labor or
materials or reasonable substitutes for labor or materials, governmental
restrictions, government regulations, governmental controls, judicial orders,
enemy or hostile governmental action, civil commotion, fire or other casualty,
or other causes beyond the reasonable control of the party obligated to
perform, then that party's performance shall be excused. This Agreement
constitutes the final, complete, and exclusive statement of the terms of this
Agreement between the parties and supersedes all prior and contemporaneous
understandings or agreements of the parties. No party has been induced to enter
into this Agreement by, nor is any party relying on, any representation or
warranty outside those expressly set forth in this Agreement. SEVERABILITY If a
court or an arbitrator of competent jurisdiction holds any provision of this
Agreement to be illegal, unenforceable, or invalid in whole or in part for any
reason, the validity and enforceability of the remaining provisions, or
portions of them, will not be affected. No waiver of a breach, failure of any
condition, or any right or remedy contained in or granted by the provisions of
this Agreement shall be effective unless it is in writing and signed by the
party waiving the breach, failure, right, or remedy. No waiver of any breach,
failure, right, or remedy shall be deemed a waiver of any other breach,
failure, right, or remedy, whether or not similar, nor shall any waiver
constitute a continuing waiver unless the writing so specifies. The headings in
this Agreement are included for convenience only and shall neither affect the
construction or interpretation of any provision in this Agreement nor affect
any of the rights or obligations of the parties this Agreement.
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