Terms and Conditions
This Service and the Website is available only to individuals above 21 years of
age or registered companies. By using any of the Services and the Website, You
expressly agree to be bound by these terms and all applicable laws and
regulations governing the Website and the Services. The terms form a legally
binding agreement between you and Domain Services in relation to your use of
the Website and/ or the Services and applies to all User of the Services,
whether registered or not, on the Website.
Please note that we shall not be liable or responsible, in the event user
confuses our services with services provided by other service providers. It is
the responsibility of the user to further research the information on the Website.
Furthermore, user must understand that our intent is to offer the service for search engine submission and it is an
optional service that maybe used as a part of your website optimization as this
service alone may not increase the traffic to your site.
As used in this Agreement "we," "us,"
and "our" shall mean Domain Services and its subsidiaries and
affiliates. By accessing or using the services available through our website
(the "Services"), you agree to be bound by these Terms of Service and
our Privacy Policy. These Terms do not alter in any way the terms and
conditions of any other agreement you may have with Domain Services for
services or otherwise. If you are using the Services on behalf of any entity,
you represent that you are authorized to do so.
We may, at our sole and absolute discretion, modify or
revise these Terms of Service and policies at any time by giving notice on our
Website and/or through the Services, and you agree to be bound by such
modifications or revisions. Although Domain Services may attempt to notify you,
when major changes are made to these Terms of Service, you should periodically
click on our Terms of Service to review any updates. All changes shall be
effective immediately when we post them and shall apply to all access to and
use of our Website thereafter. Nothing in these Terms of Service shall be
deemed to confer any third-party rights or benefits hereunder.
Obligations Of
Users
To access and use certain features of the Services, you may be required to provide
certain details to us. While providing such details, you agree to supply
accurate, current and complete information.
It is the intent of Domain Services to create an informational website. Any
statements made on this website about services are not evaluated. Users will
not use the Services if any applicable law in their country prohibits them from
doing so and or have not previously been their right to use the Services
suspended or terminated.
Users acknowledge and agree that they are responsible for and shall bear
all risks associated with the use of any Content and that under no
circumstances will Domain Services be liable in any way for the Content or for
any loss or damage of any kind incurred as a result of browsing.
Subscription/Fee Based Services
Subscriptions shall be offered by Domain
Services on a prepaid usage basis or on a 1 year, 2 years or 3 year’s subscription
basis. You agree to pay all the fees
applicable for such subscription you incur through your order number. Unless
otherwise indicated on the relevant subscription description page, the Fees for
a subscription purchased through your subscription account are chargeable
immediately. All Fees are non-refundable.
Please note that Subscription
renews automatically at the end of the relevant period and the Fees in respect
of each such renewal shall be based on the current rate for the particular
Subscription.
By registering for a Subscription, you
warrant that: (a) you are of the age of 21 or over in the jurisdiction in which
you reside, (b) all information you submit is true and correct (including
without limitation all credit card information), and (c) you are the cardholder
of the credit card you designated for your Subscription Account. In
consideration of the availability, and your use, of a Subscription, you
acknowledge and agree: (a) to these Terms and Conditions, including without
limitation the disclaimers, limitation of liability and provisions related to
prohibited conduct set out herein as well as any terms and conditions which may
be set out in the relevant Subscription Description, (b) that you are solely
responsible for all acts or omissions that occur through your Subscription
Account, and (c) that Domain Services
reserves the right to suspend or terminate your Subscription Account and your
use of a Subscription at any time, including without limitation, where Domain
Services has determined, in its sole discretion, that your use of the Subscription
is, or was, in breach of these Terms and Conditions. Any such termination by Domain
Services shall be in addition to and without prejudice and discrimination to
such rights and remedies as may be available to Domain Services, including
injunction and other equitable remedies. Your ability to use the Subscription
is also subject to any limits established by Domain Services or by your credit
card issuer.
Our Current subscription plans:
One Year Term: ....................... $75.00
Two Years Term: ................... $119.00
Five Years Term: ................... $199.00
Electronic Communications
You consent to receive communications from us
electronically. We will communicate with you by e-mail and or SMS. You agree
that all agreements, notices, disclosures and other communications that Domain
Services provides to you electronically satisfy legal requirements that such
communications be in writing. You agree to empower Domain Services to contact
you, if requested by one of the Users or affiliate networks, if you violate
some of the regulations or if they are suspicious of identity fraud.
Suspension and
Termination Of Account And Service
Generally, a User Account will be considered active until
we receive a user request to deactivate or delete it. We do not guarantee that
the Website or any content contained on the Website will always be available or
be uninterrupted. We reserve the right to limit, suspend, terminate, modify, or
delete the User Account we provide to you or your access to our Services or
portions thereof (including any Content you or other User submit) for any
reason, with or without notice and at any time, including, without limitation,
if you are, or we suspect that you are, improperly using the Services,
violating any applicable laws or failing to comply with the Terms of Service.
We also reserve the right to stop offering and/or supporting the Services or
any part of the Services at any time either permanently or temporarily, for any
reason, with or without notice to you, at which point your use of the Services
or any part thereof will be automatically terminated or suspended.
Use of The Services
Except as otherwise agreed upon, we hereby grant you a limited,
nonexclusive, non-sub-licensable license to access, and use the Platform. You
will not use, copy, adapt, modify, decompile, reverse engineer, disassemble,
decrypt, attempt to derive the source code, prepare derivative works based
upon, distribute, license, sell, rent, transfer, publicly display, publicly
perform, transmit, stream, broadcast or otherwise exploit the Platform and
Content, except as expressly permitted by Domain Services or as permitted under
applicable law. Any unauthorized use of the Services is strictly prohibited and
will terminate the license granted in these Terms. No licenses or rights are
granted to you by implication or otherwise, except for the licenses and rights
expressly granted to you. Domain
Services will not be liable on account of any inaccuracy of information on this
web Website.
Ownership and Intellectual Property
This Website and all content forming part of the Website,
including without limitation, all photographs, images, designs, information,
interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other
intellectual property laws of Canada.
You acknowledge and agree that “Domain Services” owns,
controls or is licensed all legal right, title and interest in and related to
the Website, including all intellectual property rights. You may not:
●
modify or copy the layout or
appearance of the Website or any computer software or code contained in the
Website; and/or
●
decompile or disassemble,
reverse engineer or otherwise attempt to discover or access any source code
related to the Website.
If you believe that anything on or available through the
Services infringes upon any copyright which you own or control, you may contact
us
Limitation of
Liability
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY
ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR OWN
RESPONSIBILITY AND RISK. IT SHALL BE YOUR RESPONSIBILITY TO CHECK IF THE
SERVICE IS BENEFICIAL FOR YOU OR NOT. DOMAIN
SERVICES DOES NOT GUARANTEE ANY INCREASE IN THE TRAFFIC
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND UNDER NO CIRCUMSTANCES, UNDER NO
LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL DOMAIN SERVICES BE HELD
LIABLE.
IN NO EVENT SHALL DOMAIN SERVICES, ITS OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS, BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD
PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT DOMAIN SERVICES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU
SPECIFICALLY ACKNOWLEDGE THAT DOMAIN SERVICES SHALL NOT BE LIABLE FOR CONTENT
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT
THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES OR JURISDICTIONS THE
ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS,
OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR
LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES
ARE CONTROLLED AND OFFERED BY DOMAIN SERVICES FROM ITS FACILITIES IN CANADA, DOMAIN
SERVICES MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR
AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM
OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR
COMPLIANCE WITH LOCAL LAW.
DOMAIN SERVICES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING
SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST
PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS
WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN
CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE,
EVEN IF THE WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer of
Warranties
THE WEBSITE, ITS
CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
ALTHOUGH ALL THE REVIEWS ARE VERIFIED TO ENSURE THEIR COMPLIANCE WITH THE TERMS
AND CONDITIONS CONTAINED HEREIN, YET WE DISCLAIM ANY LIABILITY ARISING OUT OF
POSTING OF REVIEWS BY THE USER. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, WE RESERVE THE RIGHT TO DELETE OR EDIT ANY REVIEWS THAT WE
FOUND, IN OUR SOLE DISCRETION, TO BE IN VIOLATION OF ANY OF THE PROVISION(S)
CONTAINED HEREIN OR ANY APPLICABLE LAW.
THE MATERIAL PROVIDED ON THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND DO
NOT CONSTITUTE ANY ADVICE – LEGAL OR OTHERWISE. YOU ARE ADVISED TO EXERCISE YOUR
OWN DISCRETION IN PLACING RELIANCE ON THE INFORMATION PROVIDED ON THIS WEBSITE.
Termination
Domain Services reserves the right, in its sole and absolute discretion to
terminate your right to access and use the Services if you violate these Terms
or any other terms or policies referenced herein, or if you otherwise create
risk or possible legal exposure for us.
Entire Agreement/
Severability
These Terms and Conditions incorporate our Privacy
Policy which together constitutes the entire agreement
between You and Domain Services, in relation to Your use of the Website and/ or
the Services and supersedes any prior representations, inducements or
agreements relating to its subject matter. You agree that these Terms of Use
are not intended to confer and do not confer any rights or remedies upon any
third party. If any part of these Terms of Use are held invalid or
unenforceable, that portion shall be construed in a manner consistent with applicable
law to reflect, as nearly as possible, the original intentions of the parties,
and the remaining portions shall remain in full force and effect. These Terms
of Use, including all terms and policies referenced herein, contain the entire
understanding, and supersede all prior agreements, between you and Domain
Services relating to this subject matter, and cannot be changed or terminated
orally.
Assignment
You may not assign these Terms or any of the rights
granted hereunder without the prior written consent of Domain Services, and any
attempted assignment without such consent shall be void. Subject to the
foregoing restriction, these Terms will be fully binding upon, inure to the
benefit of, and be enforceable by us and our respective successors and assigns.
Non-waiver
Failure by either Domain Services or You to exercise or
enforce any right conferred shall not be deemed to be a waiver of any such
right nor operate so as to bar that exercise or enforcement thereof or of any
other right on any later occasion.
Indemnification
You agree to defend, indemnify and hold harmless Domain Services and its
respective employees, contractors, officers, directors, shareholders, agents,
representatives, vendors, and content providers from and against any and all
liabilities, claims and expenses, including attorneys' fees, that arise from a
breach of these Terms of Use for which you are responsible or in connection
with your transmission of any content to, on or through our website. Without
limiting your indemnification obligations described herein, we reserve the
right, at our own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you.
Force Majeure
Domain Services shall not be liable for any delay or failure to perform
resulting from causes outside its reasonable control; including, without limitation,
any failure to perform hereunder due to unforeseen circumstances or causes
beyond its control such as acts of God, war, terrorism, riots, embargoes, acts
of civil or military authorities, fire, floods, accidents, strikes, or
shortages of transportation facilities, fuel, energy, labor or materials.
Governing Law And
Arbitration
Governing Law. The Parties hereby
agree that all actions brought in respect of this Agreement, or any Services
delivered pursuant to this Agreement, shall be brought before a Competent Court
of Canada, and the parties hereby acknowledge the exclusive jurisdiction of the
Competent Courts of Ontario. Therefore, you agree that: (i) the Service shall
be deemed solely based in Ontario; and (ii) the Service shall be deemed a
passive one that does not give rise to personal jurisdiction over us, either
specific or general, in jurisdictions other than Ontario. This Agreement shall
be governed by the internal substantive laws of the province of Ontario,
without respect to its conflict of laws principles. The application of the
United Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. You agree to submit to the personal jurisdiction of a
competent court located in, Ontario or the Canada District Court, for any
actions for which we retain the right to seek injunctive or other equitable
relief in a court of competent jurisdiction to prevent the actual or threatened
infringement, misappropriation or violation of a our copyrights, trademarks,
trade secrets, patents, or other intellectual property or proprietary rights,
as further set forth in the Arbitration provision below.
Arbitration. For any dispute with us, you agree to first contact us and
attempt to resolve the dispute with us informally. In the unlikely event that
we are not able to resolve a dispute it has with you after attempting to do so
informally, we each agree to resolve any claim, dispute, or controversy
(excluding any claims we have for injunctive or other equitable relief) arising
out of or in connection with or relating to this Agreement, or the breach or
alleged breach thereof (collectively, “Claims”), by binding arbitration by the
Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) under the
Commercial Arbitration Rules and Supplementary Procedures for Consumer Related
Disputes then in effect, except as provided herein. Unless we agree otherwise,
the arbitration will be conducted in the city/town where you reside. Each party
will be responsible for paying any filing, administrative and arbitrator
fees in accordance with Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd
Supp.)) rules. The award rendered by the arbitrator shall include costs of
arbitration, reasonable attorneys’ fees and reasonable costs for expert and
other witnesses, and any judgment on the award rendered by the arbitrator may
be entered in any court of competent jurisdiction. Nothing in this Section
shall prevent either party from seeking injunctive or other equitable relief
from the courts as necessary to prevent the actual or threatened infringement,
misappropriation, or violation of that party’s data security, Intellectual
Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE
PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS
OR REPRESENTATIVE PROCEEDING, AND, UNLESSWE AGREE OTHERWISE, THE ARBITRATOR MAY
NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO
THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO
PARTICIPATE IN A CLASS ACTION.
Contact Us
If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal