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Domainmarkia Legal Agreement and Policies

This page contains links to current corporate policies, agreements for the products and services available through domainmarkia, and notices for applicants.

Last updated: February 26, 2024

Terms and conditions

AGREEMENT TO OUR LEGAL TERMS

"Domainmarkia" provides a comprehensive suite of digital services tailored for individuals and businesses seeking to establish and manage their online presence. Our offerings encompass domain registration and transfer, website hosting, website builder tools, SSL certificates for website security, email hosting services, and marketing tools designed to enhance online visibility. By utilizing "Domainmarkia's" services, users agree to adhere to our Terms and Conditions, ensuring a secure, reliable, and user-friendly experience for managing and growing their digital footprint.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with Domainmarkia Universal Terms of Service Agreement https://www.domainmarkia.com/legal/terms-and-conditions, which is incorporated herein by reference.

This Agreement explains our obligations to you, and explains your obligations towards Domainmarkia. Domainmarkia offers several ways to sign up, including via your Domainmarkia account panel (“platforms”.) You are only permitted to sign up via one of the available options. In addition, you are required to provide any/all accurately completed tax related information and forms that are requested by the platform in which you enrolled. Failure to do so will result in a forfeiture of your commissions.

Changes and Modifications to the Agreement. Domainmarkia, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Domainmarkia website (this "Site"). You acknowledge and agree that (i) Domainmarkia may or may not notify you of such changes or modifications prior to posting them to this Site and (ii) your continued participation in the Affiliate Program (via any platform) after such changes or modifications have been made (as indicated by the "Last Revised" date on this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, you must formally terminate your Affiliate status. In addition, while not required, Domainmarkia may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account ("Account") information, including your email address, current interface that you have selected. Domainmarkia assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any  person or entity in any jurisdiction or country where such distribution or use would be contrary to  law or regulation or which would subject us to any registration requirement within such jurisdiction  or country. Accordingly, those persons who choose to access the Services from other locations  do so on their own initiative and are solely responsible for compliance with local laws, if and to the  extent local laws are applicable.

At Domainmarkia, our aim is to treat customers fairly and, together with our affiliates, to comply  with laws, including all Federal Trade Commission (FTC) regulations that relate to advertising. FTC  regulations include, but are not limited to, Federal Trade Commission 16 CFR Part 255: Guides  Concerning the Use of Endorsements and Testimonials in Advertising. Among other criteria it  requires that material connections between advertisers and endorsers must be fully disclosed.  This means that affiliates that provide an assessment or endorsement of an advertiser  (Domainmarkia) must disclose financial or in-kind compensation that is provided by the advertiser.  Domainmarkia reserves the right to withhold referral fees and cancel the affiliate relationship with  you, should we find, at our discretion, that you do not comply with Domainmarkia's FTC  disclosure policy or any other FTC regulations or guidelines we view as applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all  source code, databases, functionality, software, website designs, audio, video, text, photographs,  and graphics in the Services (collectively, the "Content"), as well as the trademarks, service  marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other  intellectual property rights and unfair competition laws) and treaties in the United States and  around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES"  section below, we grant you a non-exclusive, non-transferable, revocable license to: access the Services; and

download or print a copy of any portion of the Content to which you have properly gained access. solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no  Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted,  publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise  exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this  section or elsewhere in our Legal Terms, please address your request to:

support@domainmarkia.com. If we ever grant you the permission to post, reproduce, or publicly  display any part of our Services or Content, you must identify us as the owners or licensors of the  Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is  visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal  Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our  Services to understand the (a) rights you give us and (b) obligations you have when you post or  upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other  information about the Services ("Submissions"), you agree to assign to us all intellectual property  rights in such Submission. You agree that we shall own this Submission and be entitled to its  unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without  acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of  the Services you:

confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send,  publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful,  harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or  group, sexually explicit, false, inaccurate, deceitful, or misleading;

to the extent permissible by applicable law, waive any and all moral rights to any such  Submission; warrant that any such Submission are original to you or that you have the necessary rights and  licenses to submit such Submissions and that you have full authority to grant us the above mentioned rights in relation to your Submissions; and warrant and represent that your Submissions do not constitute confidential information. You are solely responsible for your Submissions and you expressly agree to reimburse us for any  and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s  intellectual property rights, or (c) applicable law.

3. RESTRICTION

You acknowledge and agree:

Website Content & Emails. You acknowledge and agree that Your Site specifically shall not (and shall not enable others to):

  • Contain false, inaccurate, defamatory, slanderous, libelous or misleading content or statements about Domainmarkia and/or its products and services;
  • Do anything to give the impression to anyone that you are an Internet Corporation for Assigned Names and Numbers’ ("ICANN") approved registrar;
  • Display, promote or sell illegal content, or offer any illegal product or service;
  • Engage in sending unsolicited commercial email ("spam") or indiscriminate advertising;
  • Fail to comply with the CAN-SPAM Act of 2003 (Public Law 108-187) or other applicable laws regulating commercial email;
  • Collect personal information about minors without their parent’s prior written consent;
  • Contain pornographic or obscene content, tasteless images, or excessively violent or hate-related material, as determined by Domainmarkia in its sole and absolute discretion;
  • Engage in activities, whether lawful or unlawful, that Domainmarkia determines, in its sole and absolute discretion, to be harmful to Domainmarkia or its customers, employees, operations or reputation.
  • Encourage the use of a controlled substance;
  • Encourage unlawful behavior;
  • Violate any applicable law;
  • Advocate, promote, or encourage violence or discrimination against any person, organization or governmental entity;
  • Contain links to web sites containing the serial numbers for unlocking software illegally, pyramid schemes, or impersonations of another person or organization;
  • Contain links to web sites containing any of the aforementioned content; and
  • Cause any purchases to be made that are not in good faith (such as using any device, program, robot iframes, or hidden frames, use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the referral link, etc.)

In addition, you acknowledge and agree you shall not:

  • Copy, alter or modify any icons, buttons, banners, graphics, files or content contained in Domainmarkia's links, including but not limited to, removing or altering any copyright or trademark notices;
  • Alter the Domainmarkia approved tracking codes to allow you to (a) collect personally identifiable information of visitors that would allow you to personally identify visitors, or (b) obscure the site from which the visitor is referred, including the use of link cloaking, asp/php redirects and/or link shortening services not provided by Domainmarkia;
  • Allow Your Site to be a downloadable or internet accessible application, as determined by Domainmarkia in its sole and absolute discretion;
  • Cause any purchases to be made that are not in good faith, including, but not limited to, using any method, device, program, robot iframes or hidden frames. Multiple purchases from the same individual, entity or IP address may be considered non–bona fide purchases. Non-bona fide purchases shall not be eligible for commission.

Paid Search and Advertising Guidelines

If you use paid search, you are required to add Domainmarkia, Domainmarkia.com and any of its derivatives and misspellings as negative keywords across all of your paid search activities.

You also acknowledge and agree that you shall not:

  • Bid on terms in any search engine that mention Domainmarkia, Domainmarkia.com or any of its derivatives and misspellings, Domainmarkia with keywords such as but not limited to «Domainmarkia coupons», «Domainmarkia promos», «Domainmarkia promotions»;
  • Use Domainmarkia trademark, trademark with keywords or any misspellings in your domain name(s);
  • Use direct linking to Domainmarkia.com from any paid search ads;
  • Use Domainmarkia.com as a display URL.
  • Use Domainmarkia, Domainmarkia.com or any of its derivatives in ad copy that is shown on a search engine, including uses of dynamic keyword insertion;

4. OUR RESPONSIBILITY

Domainmarkia is responsible for processing the order, cancellations, returns and other related customer service for Domainmarkia products and services. However, Domainmarkia will not be responsible for lost sales due to technical difficulties preventing Domainmarkia from registering a domain name or providing any other product or service to the visitor. Domainmarkia is also responsible for tracking and validating affiliate sales and commissions and providing this information to the chosen affiliate platform in order to facilitate payments. Domainmarkia does not, however, control the payment processing of commission payments to you by the platform which you selected.

Domainmarkia will pay out on commissions for valid sales. Valid sales are sales whereby the customer pays the full, expected price and such sales are not cancelled, reversed, returned or discounted/voided in any way. Where payment happens through a third party platform, Domainmarkia is responsible for payment to the platform you selected and the platform is specifically responsible for payment to you.

5. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT  YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT  PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN  CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT  LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR  PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS  ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE  CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE  WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR  INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY  DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE  OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS  AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION  STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM  THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE  OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,  TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT  WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR  SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY  HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY  BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE  RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT  OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR  BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

6. LIMITATION OF LIABILITY

Domainmarkia shall not be liable for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration, or inadvertent disclosure of data, information or content transmitted, received, or stored on its system or any third-party systems. With respect to passwords, account identifiers and other systems used to control access to your account, it is your responsibility to safeguard such passwords, account identifiers, and other systems used to control access to your account.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE OUR WEB SITE(S) OR THE MATERIALS AND CONTENT OF THE WEB SITE(S) OR ANY OTHER WEBSITES LINKED TO SUCH WEB SITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE PROVIDER OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.

7. INDEMNITY AND DEFENSE

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all  of our respective officers, agents, partners, and employees, from and against any loss, damage,  liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third  party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any  breach of your representations and warranties set forth in these Legal Terms; (4) your violation of  the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services.  Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive  defense and control of any matter for which you are required to indemnify us, and you agree to  cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to  notify you of any such claim, action, or proceeding which is subject to this indemnification upon  becoming aware of it.

8. LEGAL AGE

This Site and the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Domainmarkia finds that you do not have the legal authority to bind such a corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Domainmarkia shall not be liable for any loss or damage resulting from Domainmarkia’s reliance on any instruction, notice, document or communication reasonably believed by Domainmarkia to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Domainmarkia reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

9. FINAL AGREEMENT

This Agreement, the referenced agreements, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.

10. NO AGENCY RELATIONSHIP

Nothing contained in this Agreement shall be construed as creating any agency, partnership, employer/employee or other form of joint enterprise between the parties hereto. Each party to this Agreement is an independent contractor and has no right or authority to bind or commit the other party. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

11. WAIVER

The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

12. ENFORCEABILITY

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

13. ASSIGNMENT AND RESALE

Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option.

14. FORCE MAJEURE

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake, flood, fire, storm, natural disaster, act of God or the public enemy, riots and insurrections, war, terrorism, armed conflict, strikes and other labor difficulties (whether or not the party is in a position to concede to such demands), embargoes, judicial action, necessary labor, materials, energy, components or machinery, failure of telecommunications, lockout, boycott, supplier failures, shortages, breaches, or delays, or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Domainmarkia, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within 30 days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of 30 days in the aggregate, Domainmarkia may immediately terminate this Agreement.

15. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy,  which is incorporated into these Legal Terms. Please be advised the Services are hosted in the  United States. If you access the Services from any other region of the world with laws or other  requirements governing personal data collection, use, or disclosure that differ from applicable  laws in the United States, then through your continued use of the Services, you are transferring  your data to the United States, and you expressly consent to have your data transferred to and  processed in the United States.

16. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the  Services available. The Services may not be used in connection with any commercial endeavors  except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or  indirectly, a collection, compilation, database, or directory without written permission from us. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account  information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the Services, including  features that prevent or restrict the use or copying of any Content or enforce limitations on the use  of the Services and/or the Content contained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. Use any information obtained from the Services in order to harass, abuse, or harm another  person.

Make improper use of our support services or submit false reports of abuse or misconduct. Use the Services in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Services.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,  including excessive use of capital letters and spamming (continuous posting of repetitive text),  that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies,  impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance  of the Services.

Engage in any automated use of the system, such as using scripts to send comments or  messages, or using any data mining, robots, or similar data gathering and extraction tools. Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username of another user. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or  active information collection or transmission mechanism, including without limitation, clear  graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices  (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"). Interfere with, disrupt, or create an undue burden on the Services or the networks or services  connected to the Services.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any  portion of the Services to you.

Attempt to bypass any measures of the Services designed to prevent or restrict access to the  Services, or any portion of the Services.

Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript,  or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any  of the software comprising or in any way making up a part of the Services. Except as may be the result of standard search engine or Internet browser usage, use, launch,  develop, or distribute any automated system, including without limitation, any spider, robot, cheat  utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized  script or other software.

Use a buying agent or purchasing agent to make purchases on the Services. Make any unauthorized use of the Services, including collecting usernames and/or email  addresses of users by electronic or other means for the purpose of sending unsolicited email, or  creating user accounts by automated means or under false pretenses.

Use the Services as part of any effort to compete with us or otherwise use the Services and/or the  Content for any revenue-generating endeavor or commercial enterprise.

Use the Services to advertise or offer to sell goods and services.

17. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content. We may provide you with the  opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast  content and materials to us or on the Services, including but not limited to text, writings, video,  audio, photographs, graphics, comments, suggestions, or personal information or other material  (collectively, "Contributions"). Contributions may be viewable by other users of the Services and  through third-party websites. As such, any Contributions you transmit may be treated in  accordance with the Services' Privacy Policy. When you create or make available any  Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing,  downloading, or copying of your Contributions do not and will not infringe the proprietary rights,  including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any  third party.

You are the creator and owner of or have the necessary licenses, rights, consents, releases, and  permissions to use and to authorize us, the Services, and other users of the Services to use your  Contributions in any manner contemplated by the Services and these Legal Terms. You have the written consent, release, and/or permission of each and every identifiable individual  person in your Contributions to use the name or likeness of each and every such identifiable  individual person to enable inclusion and use of your Contributions in any manner contemplated  by the Services and these Legal Terms.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid  schemes, chain letters, spam, mass mailings, or other forms of solicitation. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,  slanderous, or otherwise objectionable (as determined by us).

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other  person and to promote violence against a specific person or class of people. Your Contributions do not violate any applicable law, regulation, or rule.

Your Contributions do not violate the privacy or publicity rights of any third party. Your Contributions do not violate any applicable law concerning child pornography, or otherwise  intended to protect the health or well-being of minors.

Your Contributions do not include any offensive comments that are connected to race, national  origin, gender, sexual preference, or physical handicap.

Your Contributions do not otherwise violate, or link to material that violates, any provision of these  Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in,  among other things, termination or suspension of your rights to use the Services.

18. CONTRIBUTION LICENSE

You and Services agree that we may access, store, process, and use any information and  personal data that you provide following the terms of the Privacy Policy and your choices  (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use  and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your  Contributions and any intellectual property rights or other proprietary rights associated with your  Contributions. We are not liable for any statements or representations in your Contributions  provided by you in any area on the Services. You are solely responsible for your Contributions to  the Services and you expressly agree to exonerate us from any and all responsibility and to refrain  from any legal action against us regarding your Contributions.

19. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you  have with third-party service providers (each such account, a "Third-Party Account'') by either: (1)  providing your Third-Party Account login information through the Services; or (2) allowing us to  access your Third-Party Account, as is permitted under the applicable terms and conditions that  govern your use of each Third-Party Account. You represent and warrant that you are entitled to  disclose your Third-Party Account login information to us and/or grant us access to your Third Party Account, without breach by you of any of the terms and conditions that govern your use of  the applicable Third-Party Account, and without obligating us to pay any fees or making us  subject to any usage limitations imposed by the third-party service provider of the Third-Party  Account. By granting us access to any Third-Party Accounts, you understand that (1) we may  access, make available, and store (if applicable) any content that you have provided to and stored  in your Third-Party Account (the "Social Network Content'') so that it is available on and through  the Services via your account, including without limitation any friend lists and (2) we may submit  to and receive from your Third-Party Account additional information to the extent you are notified  when you link your account with the Third-Party Account. Depending on the Third-Party Accounts  you choose and subject to the privacy settings that you have set in such Third-Party Accounts,  personally identifiable information that you post to your Third-Party Accounts may be available on  and through your account on the Services. Please note that if a Third-Party Account or associated  service becomes unavailable or our access to such Third-Party Account is terminated by the  third-party service provider, then Social Network Content may no longer be available on and  through the Services. You will have the ability to disable the connection between your account on  the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR  RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR  THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH

THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content  for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we  are not responsible for any Social Network Content. You acknowledge and agree that we may  access your email address book associated with a Third-Party Account and your contacts list  stored on your mobile device or tablet computer solely for purposes of identifying and informing  you of those contacts who have also registered to use the Services. You can deactivate the  connection between the Services and your Third-Party Account by contacting us using the  contact information below or through your account settings (if applicable). We will attempt to  delete any information stored on our servers that was obtained through such a Third-Party Account,  except the username and profile picture that become associated with your account.

20. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party  Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video,  information, applications, software, and other content or items belonging to or originating from  third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not  investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and  we are not responsible for any Third-Party Websites accessed through the Services or any Third Party Content posted on, available through, or installed from the Services, including the content,  accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in  the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use  or installation of any Third-Party Websites or any Third-Party Content does not imply approval or  endorsement thereof by us. If you decide to leave the Services and access the Third-Party  Websites or to use or install any Third-Party Content, you do so at your own risk, and you should  be aware these Legal Terms no longer govern. You should review the applicable terms and  policies, including privacy and data gathering practices, of any website to which you navigate  from the Services or relating to any applications you use or install from the Services. Any  purchases you make through Third-Party Websites will be through other websites and from other  companies, and we take no responsibility whatsoever in relation to such purchases which are  exclusively between you and the applicable third party. You agree and acknowledge that we do  not endorse the products or services offered on Third-Party Websites and you shall hold us  blameless from any harm caused by your purchase of such products or services. Additionally, you  shall hold us blameless from any losses sustained by you or harm caused to you relating to or  resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

21. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these  Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates  the law or these Legal Terms, including without limitation, reporting such user to law enforcement  authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the  availability of, or disable (to the extent technologically feasible) any of your Contributions or any  portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from  the Services or otherwise disable all files and content that are excessive in size or are in any way  burdensome to our systems; and (5) otherwise manage the Services in a manner designed to  protect our rights and property and to facilitate the proper functioning of the Services.

22. Uniform Domain-Name Dispute-Resolution Policy

All registrars must follow the Uniform Domain-Name Dispute-Resolution Policy (often referred to as the "UDRP"). Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider.

To invoke the policy, a trademark owner should either (a) file a complaint in a court of proper jurisdiction against the domain-name holder (or where appropriate an in-rem action concerning the domain name) or (b) in cases of abusive registration submit a complaint to an approved dispute-resolution service provider (see below for a list and links) or For more information https://www.domainmarkia.com/legal/udrp

23. PURCHASES AND PAYMENT

We accept the following forms of payment:

  • Mastercard
  • Visa
  • American Express
  • Discover
  • Union Pay
  • PayPal

You agree to provide current, complete, and accurate purchase and account information for all  purchases made via the Services. You further agree to promptly update account and payment  information, including email address, payment method, and payment card expiration date, so that  we can complete your transactions and contact you as needed. Sales tax will be added to the  price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable  shipping fees, and you authorize us to charge your chosen payment provider for any such  amounts upon placing your order. If your order is subject to recurring charges, then you consent  to our charging your payment method on a recurring basis without requiring your prior approval  for each recurring charge, until such time as you cancel the applicable order. We reserve the right  to correct any errors or mistakes in pricing, even if we have already requested or received  payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole  discretion, limit or cancel quantities purchased per person, per household, or per order. These  restrictions may include orders placed by or under the same customer account, the same  payment method, and/or orders that use the same billing or shipping address. We reserve the  right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers,  resellers, or distributors.

24. HEADINGS

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

25. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement https://www.domainmarkia.com/legal/terms-and-conditions. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.

26. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect  to the Services constitute the entire agreement and understanding between you and us. Our  failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a  waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by  law. We may assign any or all of our rights and obligations to others at any time. We shall not be  responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our  reasonable control. If any provision or part of a provision of these Legal Terms is determined to be  unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from  these Legal Terms and does not affect the validity and enforceability of any remaining provisions.  There is no joint venture, partnership, employment or agency relationship created between you  and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms  will not be construed against us by virtue of having drafted them. You hereby waive any and all  defenses you may have based on the electronic form of these Legal Terms and the lack of signing  by the parties hereto to execute these Legal Terms.

We will maintain certain data that you transmit to the Services for the purpose of managing the  performance of the Services, as well as data relating to your use of the Services. Although we  perform regular routine backups of data, you are solely responsible for all data that you transmit  or that relates to any activity you have undertaken using the Services. You agree that we shall  have no liability to you for any loss or corruption of any such data, and you hereby waive any right  of action against us arising from any such loss or corruption of such data.

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic  communications. You consent to receive electronic communications, and you agree that all  agreements, notices, disclosures, and other communications we provide to you electronically, via  email and on the Services, satisfy any legal requirement that such communication be in writing.  YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS,  AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You  hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or  other laws in any jurisdiction which require an original signature or delivery or retention of non electronic records, or to payments or the granting of credits by any means other than electronic  means.

28. CANCELLATION

You can cancel your subscription at any time by logging into your account. Your cancellation will  take effect at the end of the current paid term.

If you are unsatisfied with our Services, please email us at support@domainmarkia.com or call us  at 877-794-9511.

29. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding  use of the Services, please contact us at:

Domainmarkia

1580 West El Camino Real, Suite 10, Mountain View, Bay Area

CA, CA 94040

United States

Phone: 877-794-9511

support@domainmarkia.com

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