Terms Of Use
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Effective: July 5, 2018

Please review these Terms of Use carefully. By accessing and using this Site or https://www.ftld.com, https://www.register.bank, and https://www.register.insurance, or any website owned, operated, or controlled by fTLD Registry Services, LLC (collectively, the “Sites”), you (“User”) agree to the Terms of Use (“Terms”) set forth below and all terms incorporated by reference. If you do not agree to all of these Terms, you must immediately discontinue your use of our Sites. fTLD (“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 fTLD in the event of your violation of the Terms. These Terms contain disclaimers and other provisions that limit our liability to you, for which you agree to be bound.

Modification of Terms

We reserve the right to modify these Terms from time to time at our sole discretion. We may change any of the Terms by posting revised Terms to the Site and providing you notice of the updated Terms by posting such notice to the Site. YOUR CONTINUED USE OF THE SITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES TO THESE TERMS, INDICATES 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.

Privacy

Please review fTLD’s Privacy Policy posted on this Site to understand how fTLD collects, uses, and discloses personally identifiable information (“Personal Information”) from Users of this Site. Our Privacy Policy includes a Cookie Statement which explains how fTLD uses cookies and similar tracking technologies in the course of our business, including through our Sites. Each of the Sites may have different cookies and tracking technologies, and it is important that you review the applicable Privacy Policy posted at the Site you are visiting for the applicable privacy information.

External Websites

The Site may contain links to external websites. fTLD is not responsible for and cannot control the content or privacy practices of other entities. These entities may have their own privacy policies or terms of use and fTLD does not accept any responsibility or liability for such policies and practices. Please review such policies before submitting any Personal Information to their websites. fTLD may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, sponsorship, endorsement, or adoption by fTLD of any site or any information contained therein.

Links

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 understands that linking is for noncommercial informational purposes only and User shall not designate that it is the source origin of any other site and any such the link does not designate, imply, or suggest any type of affiliation, sponsorship, endorsement, or adoption by fTLD. This limited right may be revoked by fTLD at any time. In addition, User shall not use fTLD’s logo or other proprietary graphics to link to the Site without fTLD’s express written permission.

Dealings with Merchants; Links

The Sites may contain advertisements, offers, or links to third-party websites and resources that we do not control. Information provided by third-parties may not be wholly accurate. We are not responsible or liable for: (i) the availability or accuracy of offers, links, third-party websites or resources; or (ii) the content, advertising, products, or services available from such offers, links, third-party websites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the Site at your own risk. Our Privacy Policy is applicable only when you are on the Site. Once you link to another website, that website’s terms of use and privacy policy apply to any Personal Information you may supply.

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, or attempt to, do any of the following, as reasonably determined by us and subject to applicable law:

  • access or use the Sites 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 Sites 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 Sites that you are not authorized to access;
  • alter information on, or obtained from, the Sites;
  • use any robot, spider, scraper, or other automated means or interface not provided by us to access the Sites, extract data, or gather or use information, such as email addresses, available from the Sites, or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
  • frame any part of the Sites, link to the Sites, 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 Sites 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 Sites;
  • send to or otherwise impact us or the Sites (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 Sites or any recipient; or
  • take any action which might impose a significant burden (as determined by us) on the Sites’ infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Sites.

Protection of Site Content

Unless otherwise indicated, the Sites 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, 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 Sites on your computer for your own personal, noncommercial purposes. We reserve all other rights in the content on the Sites, 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.

Indemnification

You agree to indemnify, defend, and hold harmless fTLD and any of its subsidiaries, affiliates, officers, directors, employees, independent contractors, agents, attorneys, and suppliers, and each of their respective successors and assigns (collectively, “Indemnitee(s)”) 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 Indemnitee(s), arising out of, related to or which may arise from: (i) your access to and use or inability to use, the Sites; (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 SITES “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 SITES. 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 INDEMNITEE(S) 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), STRICT LIABILITY, OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNITEE(S) EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US FOR ACCESS TO OR USE OF THE SITES.

IF YOU ARE DISSATISFIED WITH THE SITES, SITE CONTENT, OR LINKS CONTAINED ON THE SITES, OR WITH THE TERMS, 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 Sites in a way that constitutes copyright infringement, you may notify us by providing notice to the designated copyright agent in accordance with the requirements of 17 U.S.C. § 512(c)(3). Please 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, Attn: Legal Counsel, 600 13th Street NW, Suite 400 Washington, DC 20005 or by email to legal@fTLD.com.

Customer Support

We have no obligation to provide you with customer support of any kind.

Trademark Information

The fTLD trademark and all related names, logos, product and service names, designs, and slogans are trademarks or registered trademarks of fTLD Registry Services, LLC or its affiliates in the United States 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.

Additional Terms

No Agency; No Third-Party Beneficiary: These Terms and Conditions do not create any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship. Except for the Indemnitee(s), 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.

Entire Agreement: These Terms (including terms incorporated into them, e.g., the Privacy Policy and any policies and guidelines posted to the Sites by us) comprise the entire agreement between you and us with respect to the use of the Sites (the “Entire Agreement”) and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.

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, do 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.

Notices and Contact Information

Except as otherwise provided in these Terms, we will provide you with any notices by posting them on the Sites. 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 Sites for notices, and you will be considered to have received a notice when it is made available to you by posting on the Sites 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, Attn: Legal Counsel, 600 13th Street NW, Suite 400 Washington, DC 20005 or by email to legal@fTLD.com.

If you have a complaint, you may write to us using the contact information provided above.

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