Effective: December 24, 2014
Revised: August 29, 2016
By accessing and using this Site, you (“User”) agree to the terms and conditions (“Terms”) set forth below. fTLD (“we” or “us”) may amend these Terms at any time and such changes will be posted to this Site. These Terms do not alter in any way the terms of any other agreement you may have with fTLD for products, services or otherwise. If you are accessing the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and us in the event of your violation of the Terms.
- Modification of Terms
We reserve the right to modify these Terms from time to time at our sole discretion. We will provide you notice of any material changes to the Terms by posting such notice to the Site. YOUR CONTINUED USE OF THE SITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS, WILL INDICATE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.
- Modification to Site
We reserve the right to temporarily or permanently modify or discontinue, and restrict or block access to, the Site (or any part thereof) without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuance.
- External Websites
Users are granted a limited, non-exclusive right to create hypertext links to the Site, provided such links do not portray fTLD in a false, misleading, derogatory or otherwise defamatory manner and, provided further, that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. User represents and warrants that linking is for noncommercial informational purposes only and will not designate that it is the source origin of any other site and the link does not designate, imply, or suggest any type of affiliation, sponsorship, endorsement or adoption by fTLD. This limited right may be revoked at any time. In addition, you may not use fTLD’s logo or other proprietary graphics to link to the Site without our express written permission.
- Dealings with Merchants; Links
- RSS Feeds
We encourage the use of fTLD.com RSS feeds for personal use in a news reader or as part of a non-commercial blog. We require proper format and attribution whenever Site content is posted on your site, and we reserve the right to require that you cease distributing fTLD.com content.
- User Submissions
When you submit ideas, suggestions, documents, or proposals (collectively, “Submissions”) to us you represent, warrant, and agree that: (a) your Submissions do not include confidential or proprietary information; (b) if we so choose, we may use and disclose your Submissions in any way; and (c) we have no obligation to pay or reimburse you for your Submissions or our use of your Submissions.
- Prohibited Conduct
You must not do, or attempt to do, any of the following, as reasonably determined by us, subject to applicable law:
- access or use the Site in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or which constitutes the commission of a tort, or for any purpose that is harmful or unintended (by Us), or other than in full compliance with these Terms;
- upload, distribute or post, content or materials onto the Site that contains defamatory, libelous, vulgar, harmful, unlawful, obscene, pornographic, abusive, or illegal material, content or images of any kind;
- access, tamper with, or use services or areas of the Site that you are not authorized to access;
- alter information on or obtained from the Site;
- use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
- frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Submissions for any purpose except as expressly permitted in writing by us;
- impersonate or misrepresent your affiliation with any person or entity;
- reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site;
- send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “malware,” “spyware,” “adware” or other code that could adversely impact the Site or any recipient; or
- take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
- Protection of Site Content
Unless otherwise indicated, the Site and all content and other materials therein, including, without limitation, the fTLD logo and all designs, text, graphics, pictures, video, information, data, software, sound files, other files and the arrangement thereof (collectively “Site Content”) are the property of fTLD or its licensors or Users and are protected by U.S. and international law. We grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights we have in Site Content, to privately access and display the Site on your computer for your own personal, noncommercial purposes. We reserve all other rights in the content on this Site, on fTLD’s own behalf and on the behalf of our licensors, and we do not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under these Terms. Except as expressly stated in this paragraph, you may not reproduce, distribute, modify, publicly access or display, or prepare derivative works of any Site Content without prior written consent from us.
You agree to indemnify, defend and hold us and any of our subsidiaries, affiliates, officers, directors, employees, independent contractors, agents, attorneys, and suppliers, and each of their respective successors and assigns (collectively, “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from: (i) your access to and use or inability to use, the Site; (ii) your dealings with third parties who provide advertisements, offers or links; (iii) any Submissions; or (iv) your breach of any of these Terms.
- DISCLAIMER OF WARRANTIES
WE PROVIDE THE SITE “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, fTLD DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, THE SERVICES, SITE CONTENT AND ALL OTHER MATERIALS IN THE SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US FOR ACCESS TO OR USE OF THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, SITE CONTENT OR LINKS CONTAINED ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
- Digital Millennium Copyright Act (“DMCA”) Notice
If you believe that your work has been reproduced and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing the Site’s copyright agent notice in accordance with the requirements of 17 U.S.C. § 512(c)(3). You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the content claimed to be infringing.
Our designated agent to receive notification of claimed infringement can be reached at:
fTLD Registry Services, LLC 600 13th Street NW, Suite 400 Washington, DC 20005
Attn: Legal Counsel or by email to abuse@fTLD.com.
- Customer Support
We have no obligation to provide you with customer support of any kind.
- Notices and Contact Information
Except as otherwise provided in these Terms, we will provide you any notices by posting them on the Site. You also authorize us to send you notices (including notice of subpoenas or other legal process, if any) via electronic mail. You must check the Site for notices, and you will be considered to have received a notice when it is made available to you by posting on the Site or when sent by us via electronic mail, whether or not received by you. We may provide notice to any e-mail or other address that you provide to us. You must keep your address current and any notice sent by us to the address that you have most recently provided is effective notice. You must send us any notice by mailing it to our address for legal notices which is:
fTLD Registry Services, LLC 600 13th Street NW, Suite 400 Washington, DC 20005
Attn: Legal Counsel or by email to fTLD@fTLD.com.
- Additional Terms
- No Agency; No Third Party Beneficiary: These Terms and Conditions do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms.
- Severance: If any part of the Terms are held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
- Assignment: These Terms are personal to you and you may not transfer, assign or delegate them to anyone without our express written permission. Any attempt by you to assign, transfer or delegate these Terms without our express written permission will be null and void. We have the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
- Jurisdiction; Choice of Law; Export Limitations: This Site is controlled by us from our offices in the United States of America. If you access the Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or these Terms. These Terms are governed by and construed in accordance with the laws of the District of Columbia, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and we submit to the exclusive personal jurisdiction and venue of the local and federal courts located within the District of Columbia.
- Limitations on Actions: Any action concerning any dispute with respect to the Site must be commenced within one (1) year after the cause of the dispute arises, or the cause of action is barred.
- Interpretation: The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words “include” and “including” are meant to be illustrative and not exhaustive.
- No Waiver: The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
- Further Information
If you have a complaint, you may contact us at: fTLD Registry Services, LLC 600 13th Street NW, Suite 400 Washington, DC 20005 Attn: Legal Counsel or by email to abuse@fTLD.com. The fTLD trademark and all related names, logos, product and service names, designs and slogans are trademarks and/or registered trademarks of fTLD Registry Services, LLC or its affiliates in the United States and/or other countries. You must not use such marks without our express written permission. All other names, logos, product and service names, designs and slogans are trademarks of their respective owners.