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Terms of service

PART I: TERMS APPLICABLE TO ALL OF DOMAINSTRUE
These DomainsTrue Terms of Service comprise a legal agreement between You and DomainsTrue and governs Your use of DomainsTrue.com .

BY SUBSCRIBING TO A SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms of Service and the Additional Terms do not subscribe to or use the services.

DomainsTrue is made up of Web sites and Web pages operated by DomainsTrue and its affiliates and of various products and services which are provided by DomainsTrue, its affiliates or third party service providers. These Web sites, Web pages, products and services will be collectively referred to in this Agreement as "DomainsTrue".
 "You" means You, Your company, Your employees, and anyone who has access to use Your account.
You must be at least eighteen (18) years of age to subscribe to and use any service or product.

The general provisions in Part I of these Terms of Service apply to the Network and to all of the products and services provided through the network. The provisions in Part II of these Terms of Service are additional provisions that apply to the particular product(s) or service(s) described in each section of Part II. Each applicable Web site, product or service may have other posted guidelines or rules (the "Additional Terms"). All such Additional Terms are incorporated by reference into these Terms of Service.

The Network is offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout the Network and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. DomainsTrue reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If You continue to use the Network after any such changes, Your continued use will constitute Your consent to such changes. DomainsTrue does not and will not assume any obligation to notify You of any changes to the Terms of Service or Additional Terms.

Any rights not expressly granted herein are reserved by DomainsTrue.


YOUR WARRANTIES
By subscribing to any service offered on the site, You make the following representations and warranties. DomainsTrue shall have the right to terminate your account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.


You represent and warrant that:

You and all users of the Network approved by you are at least eighteen (18) years of age;
You have the legal capacity and authority to;
(a) enter into binding contracts for the sale and purchase of goods and services,
(b) be bound by these Terms of Service and the Additional Terms,
(c) to subscribe to and use the service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and
(d) if you are acting in a corporate capacity, to bind Your company;
You will not use the Network for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time);
All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration and subscription process;
Any products or services advertised, sold or otherwise distributed by You on or in connection with Your Web Site are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and You have and control all of the intellectual property, proprietary and similar rights necessary for all material located on Your Web Site, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your Web Site.

By using the Network, You agree that You will defend and indemnify DomainsTrue and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

LIMITATIONS ON YOUR USE OF THE NETWORK
The Network is provided to assist You with the operation of Your business. Your right to use the Network is limited to You, and Your company and its employees. You are solely responsible for Your content and Your Web site and your account. DomainsTrue reserves the right, but is not obligated, to monitor or to review materials posted on Your Web site and to monitor your compliance with these Terms of Service and the Additional Terms. DomainsTrue reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Network, except as expressly provided herein.

You may not use a name in connection with operating Your Web site that is confusing or misleading to participants, or otherwise impersonate or deceive participants with respect to Your identity.

You may not restrict or inhibit any other user from using and enjoying such user's rights in .

You may not interfere with or disrupt the Network or servers or any network connected to .

You may not use the Network or the products or services provided through or in connection with the Network to:

rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party;
defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;
conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including "spamming") or multi-level or illegal marketing campaigns;
harm minors in any way;
publish, post, distribute, disseminate, advertise or link to any:
(i) content, site, topic, name, material or information which is inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content;
(ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials;
(iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs;
(iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group; sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods or activities that if sold via any services or Your Web site would cause DomainsTrue to violate any law, statute or regulation; or any other illegal activity;
harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
violate any applicable government laws or regulations.
You may not reproduce or redistribute any Software, as that term is defined in the Section entitled "Software Available on the Network." You may not copy or reproduce the Software to any other server or location for further reproduction or redistribution. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in the Network, or in any product, service or Software provided through the Network.

The information provided by DomainsTrue to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of DomainsTrue with any third party.

FEES
Some products and services available through or in connection with require that You purchase a subscription or otherwise pay a fee. You hereby authorize DomainsTrue and his merchant provider (Revecom Inc or RegSoft Inc.) to charge Your credit card in advance for all applicable fees incurred by You or on Your behalf in connection with Your use of the product or service You have chosen to use. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your account by you or anyone else using your account. DomainsTrue reserves the right to modify the fees charged for products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after DomainsTrue posts such modified fees on the Web site. Amounts not paid by You to DomainsTrue when due may bear interest at the lesser of (a) one and one-half percent (1.5%) per month, and (b) the maximum rate permitted by applicable law.

It is Your responsibility to notify if Your credit card has changed or has expired and to make appropriate changes or Your service may be disconnected or interrupted.

In the event that DomainsTrue terminates Your account or one or more of Your services for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service.

CANCELLATION POLICY
You acknowledge that if You cancel any subscriptions to a service that You may not be entitled to a refund of all or part of amounts already paid by You for such subscription. You agree that (a) 's cancellation policy will be posted on the Web site and may be changed from time to time by in its sole discretion and (b) the cancellation policy posted at the time you cancel your subscription shall govern the amount of the refund (if any) due to you.

CHANGES TO SERVICES, TERMINATION BY
DomainsTrue may change any of the services at any time and from time to time without notice, including terminating the offering of any service altogether.

DomainsTrue may terminate Your account, Your access to or any of Your services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your services or from using the Network or from receiving any products, services or benefits from , if DomainsTrue determines You have violated these Terms of Service or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if DomainsTrue receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, or any applicable Additional Terms You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with the Network and there will be no refund of any fees prepaid by You. If You subscribe to a service which is made up of two or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) your use of the particular individual service will be terminated, but the remaining services will remain active and (2) there will be no refund (in whole or in part) of Your annual fee for the service terminated. You will be responsible for all fees incurred during Your subscription and payment of such fees shall be due immediately upon termination of Your subscription.

LINKS TO THIRD PARTY SITES
Links within the Network may let You leave the Network. You acknowledge that the linked sites are not under the control of DomainsTrue and that DomainsTrue is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. DomainsTrue is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by DomainsTrue of the linked site or any association with their operators.

LICENSE YOU GRANT TO
DomainsTrue does not claim ownership of the materials You provide to DomainsTrue (including feedback and suggestions) or that You post, upload, input or submit in connection with Your use of or any Web site ("Your Web Site") created by You or on Your behalf in connection with the use of (collectively "Submissions"). However, You grant DomainsTrue a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat Your Submission, and to publish Your name in connection with Your Submission) Your Submission only in connection with the operation and promotion of . You also grant DomainsTrue the right to publish Your name in connection with any such use. No compensation will be paid or due You with respect to DomainsTrue's or its sublicensee's use of the materials as licensed above. DomainsTrue is under no obligation to post or use any materials You may provide, and may remove such materials at any time in DomainsTrue's sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Network, You represent and warrant that You own or otherwise control the rights necessary to do so and to grant DomainsTrue the license set forth above, and You will defend and indemnify DomainsTrue and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.

You grant DomainsTrue permission to use screen shots of any Web page that contains a link to or HTML code (with respect to the Banner Network) in promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights.

SOFTWARE AVAILABLE ON THE NETWORK
Software (if any) that is made available to download from or otherwise use through the Network, excluding software that may be made available by third parties via , ("Software") is the copyrighted work of DomainsTrue and/or its suppliers. Your use of the Software is governed by these Terms of Service, and the applicable Additional Terms, and the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Service or Additional Terms, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement. For any Software not accompanied by a license agreement, DomainsTrue Corporation hereby grants to You, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular Web Site or service in accordance with the License Agreement, the Terms of Service and Additional Terms and for no other purpose. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by DomainsTrue and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. All software downloaded or otherwise obtained by the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, software, products, services and other material included in or available through the Network may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via the Network should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.

Your access to and use of the Network, and products and services of , is at Your own risk. DomainsTrue makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Network, or such products or services. Without limiting the foregoing, NEITHER DomainsTrue NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DomainsTrue AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL DomainsTrue OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:

DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OR RELATED SERVICES, OR
WITH THE DELAY OR INABILITY TO USE OR RELATED SERVICES;
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH ; OR
OTHERWISE ARISING OUT OF THE USE OF , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DomainsTrue OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF , OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NETWORK AND ITS RELATED SERVICES AND PRODUCTS.
Without limiting the foregoing, DomainsTrue is not responsible for any of Your data residing on DomainsTrue and Network hardware or systems, including such hardware or systems provided to DomainsTrue by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the DomainsTrue or hardware or systems, including such hardware or systems provided to DomainsTrue by third parties, whether or not such information is produced through the use of , including any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the Network. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. DomainsTrue will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of the Network, its services or products; (b) Your customers' use of Your Web site hosted by or created through and Your products and services; (c) use of the Network by any other party to whom You have given access to Your company information for use of the Network; (d) errors, bugs or other defects in the Network; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the Web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to DomainsTrue's records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the Network.

DomainsTrue is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your information, through the use of the Network.

DomainsTrue is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your Web site or between You and any user of any products or services offered or provided by You or by a third party through the Network. DomainsTrue is not responsible for screening, censoring or otherwise controlling Your Web Site, or any listings or transactions offered or conducted via Your Web Site. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your Web site or through . DomainsTrue is not acting as Your or any third party's agent in connection with the operation of . You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because DomainsTrue is not involved in any orders or other transactions between You and other users of or other marketplace forums, DomainsTrue cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.

Unless otherwise expressly stated in these Terms of Service, Your payments for orders or transactions conducted via Your Web Site or on any service will be paid to You directly from Your designated acquiring bank, customers or other appropriate source ("payor"). DomainsTrue is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers or payors. DomainsTrue makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using .

INDEMNITY
You agree to defend, indemnify and hold DomainsTrue and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with DomainsTrue or Your use of .

ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS
DomainsTrue reserves the right to deny in its sole discretion any user access to or any portion thereof without notice.

You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or the Network resulting from any third party using a password or user name issued to You. You agree to notify DomainsTrue immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the Network known to or suspected by You. You may change Your password at any time by following instructions on the Web site.

You hereby authorize DomainsTrue to rely on any data, notice, instruction or request furnished by You to DomainsTrue, or that DomainsTrue reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. DomainsTrue is not responsible for fraud of participants or of other users of your account.

YOUR CUSTOMER DATA
will not use Your customer data or Your customer contact list for any purposes other than those intended by the Network. Your customer information will not be shared with any other parties, unless you are also subscribing to a service where one of the features of such service is the sharing of customer information between the services. will not use Your customer information for the purpose of sending unsolicited commercial e-mail to such customers.

GENERAL
These Terms of Service and the Additional Terms are governed by the laws of the State of Washington, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Stamford, CT, U.S.A. in all disputes arising out of or relating to the use of the Services or the Network.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and DomainsTrue as a result of these Terms or Service or use of .

DomainsTrue's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of DomainsTrue's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Network or information provided to or gathered by DomainsTrue with respect to such use.

If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.

Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and DomainsTrue with respect to the Network and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DomainsTrue with respect to the Network.

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The example companies, organizations, products, people and events depicted within are fictitious. No association with any real company, organizations, product, person or event is intended or should be inferred.

DomainsTrue is not obligated to monitor the content on . DomainsTrue reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with DomainsTrue's Privacy Statement located at http://www.DomainsTrue.com/privacy.htm. DomainsTrue reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the Web sites, in DomainsTrue's sole discretion, without notice at any time.

Any rights not expressly granted herein are reserved by DomainsTrue, including all legal and equitable remedies available to DomainsTrue or violation of any of these Terms of Service.

COPYRIGHT NOTICE
All contents of the Network are: Copyright (c) 1999 - 2001 DomainsTrue, Inc. and/or its suppliers.

Any rights not expressly granted herein are reserved by DomainsTrue.

FOR INFORMATION REGARDING THE PRIVACY STATEMENT read the document located at http://www.domainstrue.com/privacy.html

SERVICE CONTACT
If You need to contact DomainsTrue regarding the Network, please email us to support@domainstrue.com

PART II: TERMS APPLICABLE TO SPECIFIC PRODUCTS AND SERVICES

Email service
Email service is an e-mail marketing service that allows you to create, target, send and track email marketing campaigns to customers.

Email service may only be used in connection with e-mail lists for which recipients have voluntarily registered. Using List Builder to send e-mail to an address You obtain without the consent of such addressee is a violation of the Terms of Service. You may not access the mailing lists of third parties on the Network other than for approved purposes (if any), and You may not access or otherwise use such third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You may not import any e-mail addresses to Your list that have not chosen to receive Your mailings. You may only send e-mail to customers that have willingly signed up to receive Your mailings. If receives complaints about Your list, Your list will be reviewed and may be terminated. You may not send mail under any company or organization name other than Your own.

If You use Email service to create a mailing list (a "Mailing List"), You may remove any e-mail address contained therein from such Mailing List at Your discretion. You agree to honor the request of the owner of any e-mail address to remove that address from a Mailing List. You may establish additional terms and conditions that may be applied to persons subscribed to Your Mailing Lists.

If You register with a Mailing List, You acknowledge that the owner of the mailing list may remove Your e-mail address from such Mailing List, in its discretion and at any time, and that Your participation in such Mailing List may be subject to additional terms and conditions that may be changed from time to time.

E-mails messages distributed to Mailing Lists may not be in excess of 250KB. DomainsTrue may include in every sent e-mail a statement similar to the following: "Powered by Email service".

Any e-mail messages not used in a given calendar month may not be applied in any other calendar month.

Without limiting any other applicable disclaimers or limitations, DomainsTrue disclaims any and all representations, warranties and conditions, express or implied, that messages sent in connection with the Email service will be delivered on time or received, or that the operation of the Email service will be available, error-free or secure. You acknowledge that the security mechanisms contained in Email Service have inherent limitations, and You are solely responsible for determining if use of the Email Service service sufficiently meets Your requirements.

WEB HOSTING
Web Hosting provides hosting services for Web sites on the Internet. Using various Web authoring tools, customers can create a Web site and post it on the Internet.

Your use of Web Hosting may be subject to a size limitation as posted from time to time on the Web Hosting website. DomainsTrue may change this size limitation from time to time. DomainsTrue will provide 30 days notice when size limitations change.

DomainsTrue reserves the right, but is not obligated, to review materials posted by or on Your behalf to any Web site created by You and/or hosted by DomainsTrue pursuant to the Web Hosting service ("Your Web Site"), and to remove any such materials in DomainsTrue's sole discretion. If DomainsTrue determines in its sole discretion that You are violating these Terms of Service or any Additional Terms applicable to the Web Hosting service, DomainsTrue may (a) suspend Your Web Site from Web Hosting (e.g., make Your Web Site inaccessible to third parties) and/or (b) terminate your Web Hosting account. If DomainsTrue does either of the foregoing, DomainsTrue may charge You a fee, as determined by DomainsTrue in its discretion, to reinstate Your Web Site and Your access to Web Hosting.

DomainsTrue may terminate Web Hosting or Your access to Web Hosting at any time, upon thirty (30) days' notice. Your sole remedy for a failure of the Web Hosting service is to cancel the Web Hosting service. DomainsTrue will not be liable for any damages to You in connection with the termination or cancellation of Your Web Hosting service. You are solely responsible for the continuation and/or termination of any relationships or agreements that You entered into with third parties pursuant to Your use of Web Hosting or Your Web Site. DomainsTrue will not be obligated to provide you with access to any stored e-mail or content related to your account. Your only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of DomainsTrue in operating the Web Hosting service, any change in the content of the Web Hosting service, or any change in the amount or type of fees charged in connection with the Web Hosting service, is to terminate your service by delivering notice to DomainsTrue, effective the day DomainsTrue receives notification of termination.

For purposes of identification, billing and marketing, you must provide DomainsTrue with accurate, complete, and updated information required by the registration to the For purposes of identification, billing and marketing, you must provide DomainsTrue with accurate, complete, and updated information required by the registration to the Web Hosting service, including your legal name, address, telephone number(s), and applicable payment data (for example, a credit card number and expiration date) ("Member Registration Data"). You must notify DomainsTrue within 30 days of any changes in your Member Registration Data.

This agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. You are responsible for the use of each of your accounts, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account. An Web Hosting service account may not be transferred. You are responsible for maintaining the confidentiality of your passwords. In the event of a breach of security through your account, you will be liable for any unauthorized use of the Web Hosting service until you notify customer service.

You are responsible for all charges (for example, telephone, dial-up or ADSL or ISDN charges) associated with connecting to the Web Hosting service through an available access number. You are responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Web Hosting service. You are responsible for determining whether the access number you use to connect to the Web Hosting service will obligate you to pay telephone use charges to your telephone company, DomainsTrue encourages you to contact your local telephone company to confirm that the call you are making is not a toll-charge. You are responsible for all activities and charges resulting from use of your principal account on the Web Hosting service. You agree to pay DomainsTrue the then-current monthly charges for the Web Hosting service, along with any surcharges, applicable taxes and other charges incurred by you or other users of your account via valid credit or other agreed upon method of payment. You agree that DomainsTrue may pre-charge Your monthly or annual service fee to the credit card supplied by You during registration. If DomainsTrue does not receive the full amount of Your Web Hosting service account balance within 30 days of the invoice date or billing date, the lesser of an additional 1.5%, or the highest percentage allowed by law, of the outstanding balance may be added to Your bill as a late charge each month and will be due and payable immediately. The specific service You have chosen may offer You the choice of additional payment terms, including without limitation pre-payment terms. DomainsTrue reserves the right to increase fees, surcharges, monthly subscription fees or to institute new fees at any time upon 30 days prior notice. DomainsTrue may reduce any fees at any time without notice.

If DomainsTrue assigns you an Internet Protocol address for your use of the Web Hosting service, the right to use that Internet Protocol address will belong only to DomainsTrue, and you will have no right to use that Internet Protocol address except as allowed by DomainsTrue in its sole discretion in connection with the plan you have selected, during the term of this agreement. DomainsTrue makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using Web Hosting.

Web submission!
Web submission is a service that helps web pages get listed in search engines and directories. It includes  automated submission to major search engines and directories, submission reports to keep track of when and where a page has been sent.

You may use the Web submission Service only in connection with the URLs You register with Web submission You may have to pay an additional fee for each URL You register with Web submission In addition to the disclaimer of representations, warranties and conditions set forth in these Terms of Service, DomainsTrue disclaims any and all representations, warranties and conditions, express or implied, that: (a) posting information related to Your URLs will be available; (b) any directory, search engine, announcement service, guide, individual or other destination (collectively, the "Directory Services") will accept Your submissions through the Web submission Service; (c) the availability, response time or accuracy of such Directory Services to Your submission; or (d) such Directory Services do not or shall not in the future charge fees for any such submissions (for which You will be solely responsible).

Last updated: December, 2001
 

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