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We reserve the right to change the terms and conditions of this agreement at any time without prior notice. Such changes will be posted on our web site at www.DomainVortex. You agree to review any changes to this agreement and, if such changes are not acceptable to you, immediately terminate your use of the Domain Vortex service. If you continue to use the Domain Vortex service after the effective date of such changes, such use will constitute acceptance of the changes.
Modifications to Domain Vortex Service
By accepting this Agreement, you hereby acknowledge and agree that, in our sole discretion, we may modify or discontinue, temporarily or permanently, any aspect of the Domain Vortex Service at any time with or without prior notice, including, without limitation, modification or discontinuance of advertising, content and applications appearing as part of the Domain Vortex Service. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Domain Vortex Service.
Domain Registration
You understand and acknowledge that Domain Vortex is not itself a registrar of domain names, but offers such registration services on its Website as a service to its members by providing registration pages and links to official sellers and registrars of domain names. Members are under no obligation to use any of the domain registration services available at Domain Vortex. If you use any of the domain registration services on the Domain Vortex Website you will also be subject to the terms and conditions of the registrar for such domains.
You understand and acknowledge that you will also have to pay an annual registration fee per domain name to your designated registrar to maintain the registered status of each domain. The fees vary from registrar to registrar. If you direct one or more domain moves, you understand and acknowledge that you must continue to pay the yearly registrar fees for your domain(s) to maintain registered status of each domain, and that moving your domain to Domain Vortex's network in no way alters your payment obligations to your registrar.
Once a domain is registered in your name, or moved to Domain Vortex's network, you are considered the registrant of the domain, and assume all responsibility for any and all trademark disputes, infringements, maintenance fees or other obligations or liabilities related to the domain. You shall not include us in any such dispute and we reserve the right to raise any and all defenses and take other appropriate action to protect our interests. You agree to indemnify and hold harmless Domain Vortex.
In the event that a conflict arises between a Domain Vortex member account holding a domain name and the listed registrant of said domain name, Domain Vortex will move, edit or otherwise shift control of the use of the domain name within the Domain Vortex database to the Admin Contact as listed in the Whois database at its discretion.
Privacy
Domain Vortex adheres to a Privacy Statement and will not release any confidential information about you without your consent, or as required by law or regulatory authority. You acknowledge that some of your contact information will be attached to your domain(s) and will therefore become publicly available. To review our Privacy Statement, click here.
No Unlawful or Prohibited Use, Spam and Termination
As a condition of your use of the Domain Vortex Services, you agree that you will not use our Website for any purpose which is unlawful, illegal or prohibited by these Terms of Services, or our other terms, conditions or notices. You agree that you will not modify, copy, distribute, transmit, reproduce, publish, license, transfer, sell or create derivative works from, any data, software, Services or products obtained through our Website.
You agree that you will not use our Services to conduct any activity or solicit the performance of any activity that is prohibited by law or by regulatory authorities. You further agree that you will not use our Services in any manner which could disable, damage, overburden or impair our Website. We reserve the right, at our sole discretion, to deny access at any time to users who breach our policies or cause other abuses which we deem disruptive to the Domain Vortex or the Internet community at large.
We reserve the right to decline the registration or domain moves of adult-oriented domains and to revoke without refund any Services which we, in our sole judgment, deem are being used for any unlawful purpose, or to promote adult-oriented or "offensive" material, or as a source of unsolicited bulk e-mail, or as an address to use for replying to unsolicited bulk e-mail, or in a manner injurious to our members, their reputation or the business reputation of the Domain Vortex. This policy also applies to Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.). This policy will not apply to e-mail return addresses used without the owner's consent or knowledge. Under no circumstances will we interfere with your ownership of your registered Domain.
The following are grounds for immediate termination of service without notice:
1. Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 3) or posting of articles which are off-topic (i.e., off-topic according to the newsgroup charter or the article provokes complaints from the readers of the newsgroup for being off-topic) using a Domain Vortex hosted domain.
2. Sending unsolicited mass e-mails (i.e., to more than 10 individuals, generally referred to as spamming) which provokes complaints from any of the recipients; or engaging in spamming from any provider and using a Domain Vortex hosted domain as a response address.
3. Offering for sale or otherwise enabling access to software products that facilitate the sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses ("spamware"). Advertising, transmitting, linking to, or otherwise making available any software, program, product, or service that is designed to violate these terms, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
4. Harassment of other individuals utilizing the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or Domain Vortex.
5. Impersonating another user or otherwise falsifying one's identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with any other Internet service.
6.1 Using a Domain Vortex hosted domain to point to or otherwise direct traffic to any material that, in the sole opinion of Domain Vortex, is associated with spamming, bulk e-mail, e-mail harvesting, warez (or links to such material), is in violation of copyright law, or contains material judged, in the sole opinion of Domain Vortex, to be threatening or obscene or inappropriate is considered misuse of service.
6.2. A Domain Vortex hosted domain is violating our terms if it is used to point to adult material, nudity, or any material that, in the sole opinion of Domain Vortex, is considered inappropriate, if the domain, in the sole opinion of Domain Vortex:
a) does not contain an obviously adult term
b) contains misleading terms, or
c) is likely a typo for another domain, or
d) is not consistent with the prior use of the domain by a previous owner
Such misuse can result in the cancellation of your entire account and the blacklisting of your domains without notice.
7. Using a Domain Vortex hosted domain that, in our sole opinion, has been used for the following (but not limited to) activities:
- Transmitting Unsolicited Commercial e-mail (UCE)
- Transmitting bulk e-mail
- Being listed, or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS Blacklist
- Posting bulk Usenet/newsgroup articles
- Denial of Service attacks of any kind
- Excessive use of the web forwarding service
- Excessive use of the mail forwarding service
- Copyright or trademark infringement
- Reselling or attempting to resell Domain Vortex services
- Unlawful or illegal activities of any kind
- Promoting net abuse in any manner (providing software, tools or information wich enables, facilitates or otherwise supports net abuse)
- Causing lossage or creating service degradation for other Domain Vortex users whether intential or inadvertent.
We reserve the right, in our sole discretion, to suspend or terminate your access to our Website and the related Services or any portion thereof, at any time, without notice. We will terminate for any breach of our terms of service or for any activity which constitutes an unlawful or prohibited use as described herein. Member understands that service being terminated to a domain under any terms of this agreement is grounds for termination of related domains on the system under the same login or related logins or domains sharing common contact records in the whois database and that such termination can occur without notice.
We do whatever we can to prevent the sending of unsolicited bulk e-mail messages. If you intend to use our Services to spam the Internet community, please do not register with us.
Domain Vortex reserves the right to reject any e-mail to or passing through a Domain Vortex hosted domain or any Domain Vortex computer from any user, domain, provider, IP address/netblock, or company that engages in, permits, or allows itself to be used for spamming.
No Warranties
The Domain Vortex service and each portion thereof is provided "as-is" without any warranties of any kind, whether express, implied, statutory or otherwise including but not limited to, any warranty that the Domain Vortex service will meet your requirements, the Domain Vortex Service will be uninterrupted, timely, secure or error-free, or any implied warranties of merchantability, fitness for any particular purpose or noninfringement. Your use of the Domain Vortex Service is entirely at your own risk. Because some jurisdictions do not allow the exclusion or limitation of implied warranties, aspects of the above exclusion may not apply to you. In such jurisdictions, any warranties will be limited to the maximum extent permitted by applicable law.
You represent and warrant that any material which you place or permit to be placed on the Domain Vortex service with or without your authority, or on the Internet and/or the Web through Domain Vortex's service, including your domain name(s), will not violate the rights of any third party and will not give rise to any claim of such violation, violate any federal, state or local law, rule or regulation of any type of any nature (civil or criminal), including without limitation, laws with respect to obscenity, indecency, harassment, or export controls, or contain or transmit any software disabling devices or internal controls including, without limitation, time bombs, worms, viruses or the like. You shall indemnify and hold Domain Vortex and its employees, agents, shareholders, officers, directors and successors and assigns harmless from and against any and all claims,
damages, liabilities, costs and expenses (including attorneys' fees and costs and settlement costs) arising out of any breach by you of any of the representations, warrantees or agreements set forth in these Terms and Conditions.
Ownership of Data
You agree and acknowledge that Domain Vortex owns all rights, title and interests to all database compilation in our domain name database and all information and derivative works generated from the domain name database. Domain Vortex does not have any ownership interest in your specific personal registration information or in your registered Domain. Domain Vortex does not have any ownership interest in the materials you provide, post, upload, input or submit to our Website.
Copyright and Trademark Notices
All contents of our Website are Copyrighted by Domain Vortex and its parent corporation. All rights reserved. Except as otherwise agreed in writing, Domain Vortex owned content received through our Website may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. You agree not to modify, copy, distribute, transmit, reproduce, publish, license, transfer, sell or create derivative works from the content received through our Website to anyone, without our express prior written consent. Trademarks or copyrights of Third parties mentioned on our Website or hyper linked there from are the registered trademarks and copyrights of their respective owners. Content owned by licensors of Domain Vortex may be subject to additional restrictions. Any rights not expressly granted herein are reserved.
General
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 Domain Vortex. This agreement, together with all approved modifications, constitutes the entire and exclusive agreement between you and Domain Vortex and supercedes all prior proposals, agreements and other communications.
You agree that this agreement does not create any agency, partnership, or other form of joint enterprise between you and Domain Vortex or its affiliated companies.
The failure of Domain Vortex 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 Domain Vortex of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of this agreement is held invalid or unenforceable, such invalidity or unenforceability shall not render this Agreement invalid or unenforceable as a whole.
You agree that any notices required to be given under this Agreement by Domain Vortex to you will be deemed to have been given if delivered in accordance with the contact information you have supplied.
A printed version of this agreement, together with the Disclaimer and of any notice provided in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as non-electronic business documents and records.
If you have questions about our terms of service, please to click here contact our legal department.
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