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User Agreement
PerfectDomains.com USER AGREEMENT The following terms and conditions are applicable to all users ("You" "Your") accessing PerfectDomains.com Please read all the terms and conditions which constitutes the "User Agreement" or "Agreement" prior to using the web site. By accessing and using PerfectDomains.com, you are hereby agreeing to be legally bound by the terms and conditions in association with the services ("Service" or "Services") offered by PerfectDomains.com, owned and operated by PerfectDomains, LLC. If you do not wish to be bound by the terms and conditions of this "User Agreement" or do not agree with the terms and conditions, do not access PerfectDomains.COM ("Site") or use the services offered. NO UNLAWFUL OR PROHIBITED USE: You agree to not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices, in any manner that could damage, disable, overburden, or impair the PerfectDomains site or any of its services or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the PerfectDomains.COM Site, through any means. You may not use robots, software systems or any other method to artificially modify the number of views, clicks, CTR, PPC, RPM or revenue away from that driven by regular Internet users (not including, but not limited to, yourselves, employees, associates, partners, etc.). All material on this site is owned by PerfectDomains, LLC. This material is protected, without limitation, pursuant to U.S. and foreign copyright, trademark, patent, trade secret and other applicable laws. You agree not to disassemble, decompile, reverse engineer or otherwise modify any of the material on this site. You agree to not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any of the material without the express prior written consent of PerfectDomains LLC. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable international, federal and state laws. You agree that your use of the site and services are subject to all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including, without limitation, the contents of any transmissions through the Services for which you are responsible or which occur through the use of your password. Jurisdiction and venue for any and all actions shall be exclusively in California and you hereby specifically waive any objections pertaining to personal jurisdiction or venue in any actions between you and Company. You further agree that if there is a law suit between us that you will be responsible for all of our attorney's fees and other associated costs unless you can show that we wronged you and we did so intentionally. PerfectDomains may, in its sole discretion and for any reason, with or without notice, for cause or without cause, may terminate your access to the Site and Services. You specifically accept this termination clause and waive any right to object to it in any dispute. You agree to not use the PerfectDomains Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices, in any manner that could damage, disable, overburden, or impair any PerfectDomains site or service or interfere with any other party's use and enjoyment of same. You may not attempt to gain unauthorized access to the PerfectDomains Site, other accounts, computer systems or networks connected to the PerfectDomains Site, through any means. You specifically warrantee that all statements made to us or to any other entity or person are true and correct and hereby indemnify PerfectDomains, LLC for any liability, attorney's fees or costs arising from any false statement(s) or actions made by you or those acting for you including any one who uses your username and password. Any material posted by a user shall be considered to be in the public domain and you authorize PerfectDomains to use said posting without any payment, without any liability, in any way or we see fit. If you post a third parties intellectual property you are specifically warranting that you have the right to put this material in to the public domain and you specifically indemnify us for any liability, attorney's fees or costs from the use of said material. You agree to notify us of any known or suspected wrongful acts or violations of this agreement and failure to do so shall be deemed a breach of this agreement. We are not obligated to monitor the content on the Site. We reserve the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in our sole discretion. In no event shall PerfectDomains be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the sites or services, with the delay or inability to use said site or related services, the provision of or failure to provide services, or for any information, software, products, services or otherwise arising out of the use of the site whether based on contract, tort, negligence, strict liability, intentional acts or otherwise, even if PerfectDomains or any of its associates, suppliers, subcontractors or employees has been advised of the possibility of damages. We make no warranties of any sort. Further, our liquidated damages for any act if we are found to be liable for any act, shall be $500 including all costs and attorneys fees. You may use this site in accordance with these terms, but entirely at your own risk. Notices: If you wish to contact us for legal purposes. Please mail to PerfectDomains,LLC General Counsel Craige, McCarthy, Clow Attn: Casey Clow 540 Pacific St San Francisco, CA. 94133 or email admin@PerfectDomains.com We do not sell or rent any of your information. We may however use it for our own marketing purposes. You agree that we may use Your Information to contact you and deliver information to you that, in some cases, is targeted to your perceived interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting this Agreement, you expressly agree to receive this information. Intellectual Property. Nothing in this agreement shall constitute the assignment of any patents, trademarks, copyrights, trade secrets or other Int. Prop. of either party to the other. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then the remaining provisions of this Agreement will remain in full force and effect. Waiver. No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by any party of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights. Arbitration. All disagreements between you and PerfectDomains that cannot be settled must be arbitrated. All arbitrations shall be limited to a single arbitrator. This single arbitrator shall be chosen by the two parties chosen by the parties from the roll of arbitrators licensed to provide mediation services in CA,. There shall be no more then one round of discovery, all of which must be done either in San Francisco, CA. or via mail or telephone, one round of motions and one final brief by each party with out any responsive papers thereto. The arbitrator may convene a hearing on the telephone if he or she wishes, but there shall not be any face to face hearings. The arbitrator shall have 15 days to write a reasoned opinion from which there shall be no appeal. PerfectDomains shall have the right to file for an injunction however you do not have that right and the arbitration must follow the rules set out herein. The arbitrator's fees shall be paid by the loser of the arbitration as decided by the arbitrator. The arbitrator must follow all terms listed in this agreement. Entire Agreement. This Agreement is the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings or agreements between the parties relative to such subject matter. Parking details Domain Parking: For a domain to be parked with PerfectDomains LLC, the domain must be listed in the user's account and directed to PerfectDomains LLC by DNS change. The nameservers for DNS change are: ns1.PERFECTDOMAINS.COM ns2.PERFECTDOMAINS.COM Traffic: Traffic on domains parked with PerfectDomains can originate from two sources only: type in (direct navigation) traffic and existing search engine results / expired traffic. All other types of traffic including bought traffic, traffic driven by PPC campaigns, traffic directed from hyperlinks are not permitted. If your traffic originates from any sources other than type-in and search engine traffic, it must first be cleared with PerfectDomains LLC. Regular checks are carried out and PerfectDomains LLC reserves the right to suspend any domain from parking if the traffic on that domain is believed to be bought, generated or redirected in any way that contravenes these terms and conditions. Users may periodically view their parked pages to ensure they are correctly set up but are not permitted to click any of the advertising links. Domains parked with PerfectDomains must be displayed as delivered by PerfectDomains and advertising partners. Pages may occasionally be displayed in I-frames or with other embellishments. However, all alterations to a parked page must be approved BEFOREHAND by PerfectDomains LLC. Clicks: Clicks made on parked pages can ONLY originate from real, unique visitors clicking on the advertising. Clicks can in no way be incentivized. Clicks may not be generated by asking friends, family, members of the public or anyone else to click on the advertising links on your parked page. Evidence of this will result in the domain immediately being blocked and the earnings withheld. Neither traffic nor clicks may be generated by any non-human source - e.g. bots. Keywords: Users may select keywords and related searches for their parked domains without prior checking by PerfectDomains LLC. However, users are reminded that a keyword MUST be relevant to the parked domain. If a user inputs false keywords to generate higher-paid clicks, PerfectDomains LLC reserves the right to block the domains, which contravene this rule and reserves the right to block an entire account if this is done on a persistent, account-wide basis. PerfectDomains LLC wishes to maintain a fair, transparent domain monetization platform. However click fraud and parking fraud are not tolerated. Any major fraud will result in an entire account being blocked and may result in earnings being withheld in persistent cases. If PerfectDomains believes that there might be fraud then Name Drive reserves the right to with hold any funds which might result from the fraud for a period of no less then six months in order to ascertain if there really has been such fraud.
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