TERMS OF SERVICE
Last Revision: April 30, 2010
PLEASE READ THIS NEWDOM TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This NumberWhois.com Terms of Service Agreement (the "Agreement") governs the operation of this Web site (the "Site") by NumberWhois.com ("NumberWhois.com"). This Agreement includes, and incorporates by this reference, the privacy policy posted on the Site. NumberWhois.com reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Site. NumberWhois.com will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Site. Your use of the Site following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. NumberWhois.com encourages you to review this Agreement whenever you visit the Site to make sure that you understand the terms of the Site.
I. THE SITE
The Site allows users to submit information that is published or posted on the Site. All information submitted to the Site is available and viewable by the public. NumberWhois.com does not always create the information offered on this Site; instead the information is posted by users or gathered from other sources. To the extent that NumberWhois.com does create the content on this Site, such content is protected by intellectual property laws of the United States, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. Moreover, NumberWhois.com is not responsible for the content posted by users on the Site.
Any links to third-party websites are provided solely as a convenience to you. NumberWhois.com does not endorse the contents on any such third-party websites. NumberWhois.com is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
II. YOUR RESPONSIBILITIES AND ACKNOWLEDGEMENTS
By posting, storing, or transmitting any content on the Site, you hereby grant NumberWhois.com a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. NumberWhois.com does not have the ability to control the nature of the user-generated content offered through the Site. You are solely responsible for your interactions with other users of the Site and any content you post. NumberWhois.com is not liable for any damage or harm resulting from any posts by or interactions between users. NumberWhois.com reserves the right, but has no obligation, to monitor interactions between and among users of the Site and to remove any content NumberWhois.com deems objectionable, in NumberWhois.com's sole discretion.
Compliance With Laws, Regulations and Requirements. You will not use the Site for illegal purposes but will abide by and comply with all applicable local, state, national, and international laws and regulations in your use of the Site, including without limitation laws relating to intellectual property, defamation, and rights of publicity.
Non-Interference. You will not interfere with or disrupt the user and enjoyment of the Site by other users.
Report of Abuse. You will report any violations of the terms of this Agreement by other users of the Site of which you become aware by contacting NumberWhois.com at enforcement@newdomllc.com.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEWDOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE SITE CONTENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEWDOM MAKES NO WARRANTY:
- (1) THAT THE INFORMATION PROVIDED ON THIS SITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
- (2) THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
- (3) THAT THE MATERIALS AVAILABLE ON THIS SITE, OR LINKED TO ON THIRD- PARTY WEBSITES, ARE LAWFUL OR HEALTHY TO MANUFACTURE, DISTRIBUTE, OR USE.
- (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
- (a) NEWDOM'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE SITE CONTENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO $100.00.
- (b) NEWDOM WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE INFORMATION CONTAINED ON THIS SITE, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SITE CONTENT; (2) THE COST OF PROCURING SUBSTITUTE CONTENT; OR (3) ANY LOST PROFITS YOU ALLEGE.
- (c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
V. INDEMNIFICATION
You will release, indemnify, defend and hold harmless NumberWhois.com, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Site's content or your use of the Site; (3) any intellectual property or other proprietary right of any person or entity; (4) your violation of any provision of this Agreement; or (5) any information or data you supplied to NumberWhois.com or on the Site. If NumberWhois.com is threatened with suit or sued by a third party, NumberWhois.com may seek written assurances from you concerning your promise to indemnify NumberWhois.com; your failure to provide such assurances may be considered by NumberWhois.com to be a material breach of this Agreement. NumberWhois.com will have the right to participate in any defense by you of a third- party claim related to your use of any of the Site content, with counsel of NumberWhois.com's choice at its expense. NumberWhois.com will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend NumberWhois.com against any claim, but you must receive NumberWhois.com's prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Site.
VI. PRIVACY
NumberWhois.com believes strongly in protecting user privacy and providing you with notice of NumberWhois.com's use of data. Please refer to NumberWhois.com's privacy policy, incorporated by reference herein, that is posted on the Site.
VII. AGREEMENT TO BE BOUND
By using this Site, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Site.
VIII. GENERAL
- (a) Force Majeure. NumberWhois.com will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
- (b) Cessation of Operation. NumberWhois.com may at any time, in its sole discretion and without advance notice to you, cease operation of the Site.
- (c) Entire Agreement. This Agreement comprises the entire agreement between you and NumberWhois.com and supersedes any prior agreements pertaining to the subject matter contained herein.
- (d) Effect of Waiver. The failure of NumberWhois.com to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
- (e) Governing Law; Jurisdiction. This Agreement will be governed by the laws of the State of Nevada without regard to its conflict of law principles to the contrary. Neither you nor NumberWhois.com will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in the state or federal courts located in Las Vegas County, State of Nevada. By using this Site, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
- (f) Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- (g) Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
- (h) Termination. NumberWhois.com reserves the right to terminate your access to the Site if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Site. If your access to the Site is terminated, NumberWhois.com reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Site. This Agreement will survive indefinitely unless and until NumberWhois.com chooses, in its sole discretion and without advance to you, to terminate it.
- (i) Domestic Use. NumberWhois.com makes no representation that the Site is appropriate or available for use in locations outside the United States of America. Users who access the Site from outside the United States of America do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
- (j) Assignment. You may not assign your rights and obligations under this Agreement to anyone. NumberWhois.com may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
