Terms of Service

Last Revision: Oct 18, 2015

We invite you to access our websites, but please note that your invitation is subject to your agreement with these Terms of Service. This document describes in detail your rights and our rights relating to the provision of the Service (as defined below), so please review these Terms carefully.

The Terms of Service constitutes a contract between DomainSmart and you. The Terms include the provisions set forth in this document and in the DomainSmart Privacy Policy Agreement and other terms or conditions that may be presented by us and accepted by you from time to time in connection with specific Service offerings (all of which we collectively refer to as the “Terms of Service” or “Terms”). If you do not agree to these Terms, you do not have the right to access or use our Service.

By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use and treatment of the text, images, and other data you choose to input, upload, or store in DomainSmart and your personal information in accordance with such Privacy Policy.

These Terms may be amended as new features, technology, or legal requirements arise, so please check back from time to time.

In order to enable DomainSmart to operate the Service, we must obtain from you certain limited license rights to process your Content that is covered by intellectual property rights so that technical actions we take in operating the Service are not considered legal violations. For example, copyright laws could prevent us from processing, maintaining, storing, backing-up and distributing certain Content, unless you give us these rights. Accordingly, by using the Service and uploading Content, you are granting DomainSmart a license to display, perform and distribute your Content and to modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) and reproduce such Content to enable DomainSmart to operate the Service. You also agree that DomainSmart has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion.

We respond to clear and complete notices of alleged infringement of copyright, trademark or other intellectual property laws that satisfy the requirements in these Terms. If you believe that your intellectual property rights have been violated, please notify our Compliance team and we will investigate. Note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and DomainSmart does not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights on their behalf.

Paid Memberships

Certain features or services offered on or through the Service may require a paid membership. Available membership types and associated fees, terms, and conditions will be posted on a website associated with the Service. The term of a paid membership starts when payment is received and continues for the duration you selected during account registration, e.g. one month or one year. You agree that you will pay for the membership and any additional services or products you purchase through the Service. Information, including fees and pricing, may be inaccurately displayed on our Services due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. Our prices are also subject to change without notice.
You may change your membership level by upgrading from one membership type to another. For example, you may upgrade from one type of paid membership to another type of paid membership. An upgrade will take effect immediately, and you will be charged a prorated fee based on the remaining length of the current Membership Term, if applicable.

Fees

All fees and charges paid by you in relation to the Service are nonrefundable. If DomainSmart is unable to successfully charge your payment account for fees due or you are otherwise in breach or default under these Terms, DomainSmart reserves the right to immediately terminate or suspend your access to the Service, including your access to any reports or information available through your account. If you have a question about charges made to your account, please contact DomainSmart immediately.

Termination or Modification of Service

DomainSmart reserves the right, without liability to you or any other third party, to modify or discontinue, temporarily or permanently, in whole or in part, the Service without notice. For example, DomainSmart may change at any time the types of memberships available and the specific terms applicable to each membership. You agree that DomainSmart shall not be liable to you or any third party for any modification or termination of the Service.

Access to the Service

DomainSmart reserves the right to change the requirements for accessing the Service or System at any time and for any reason in its sole discretion, including changes to membership fees or other fees. DomainSmart reserves the right to alter, suspend, or discontinue the Service, or any portion thereof, at any time and for any reason, without prior notice to you. The Service may also become unavailable due to maintenance or malfunction of computer equipment or other reasons. DomainSmart may at any time terminate your membership or block your access to the Service if: (1) You have breached any provision of these Terms (or have acted in a manner that indicates you do not intend to, or are unable to, comply with these Terms); (2) DomainSmart is required to do so by applicable law; (3) the provision of the Service to you by DomainSmart is, in DomainSmart’ discretion, no longer commercially viable; or (4) DomainSmart has elected to discontinue the Service, or any portion thereof, for any reason. DomainSmart shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, the Service.

Guest Access

DomainSmart permits You to access the Service without a Membership Account for limited purposes. You agree that DomainSmart may change the limitations on guest access at any time for any reason, including eliminating guest access entirely. You further agree that DomainSmart may require you to complete a user verification form (e.g. a Captcha) to prevent abuse of the Service.

Restrictions on Use and Responsibilities

(a) Permitted Use. You agree to use the Service only for purposes permitted by these Terms and any applicable law or regulation.
(b) Compliance With Laws, Regulations and Requirements. You will abide by and comply with all applicable local, state, national, and international laws and regulations in your use of the Service, Partner Data and DomainSmart Data. You will not use the Service, Partner Data or DomainSmart Data for any illegal purposes. This prohibition includes, but is in no way limited to: allowing, enabling or otherwise supporting the transmission by e-mail, telephone, postal mail, facsimile or other means of mass unsolicited, commercial advertising or solicitations.
(c) Non-Interference. You will not interfere with or disrupt (1) the use and enjoyment of the Service by other users; or (2) the Service or System, including servers or networks connected to the Service (including, without limitation, any attempt to gain unauthorized access to other computer systems or networks connected to the Service).
(d) Excessive Use. You acknowledge that excessive use of network bandwidth associated with the Service risks degrading the quality of the System, which could negatively impact the use and enjoyment by others of the Service or impose undue costs on DomainSmart. DomainSmart may terminate or place reasonable restrictions on your use of the Service if it determines, in its sole discretion, that your use of the Service is excessive or puts unreasonable stress on the System.
(e) No Unauthorized Automated Access. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Partner Data or DomainSmart Data, or to in any way reproduce or circumvent the navigational structure or presentation of the Service, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service, such as the DomainSmart API, and subject to applicable additional terms and conditions.
(f) No Resale. You may not resell, rent, trade, or copy the Service, Partner Data or DomainSmart Data, the use of or access to the Service, Partner Data, or DomainSmart Data, or any portion thereof, except as otherwise agreed in writing between you and DomainSmart. If you are interested in reselling the Service, please contact DomainSmart at sales@DomainSmart for more information.
(g) No Reverse Engineering. You may not (and will not allow any third party to) reverse engineer, decompile, disassemble, or otherwise attempt to discover any source code, object code or underlying structure, ideas or algorithms of the Service or any software, documentation or data related to or provided with the Service.
(h) No Derivative Works. Except as expressly authorized by DomainSmart, you agree not to copy, modify, rent, lease, loan, sell, distribute, or create derivative works based, in whole or in part, on the Service, Partner Data, or DomainSmart Data. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these Terms.
(i) No Modification or Circumvention. You agree not to modify the Service or System in any manner or form, or to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service, System, Partner Data, or DomainSmart Data. You agree not to access the Service or System by any means other than through an interface provided by DomainSmart for use in accessing the Service. You may not knowingly use or access the Service to create, improve, verify, or support (directly or indirectly) a product or service competitive to the Service, including, without limitation, any other domain registration information service.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DomainSmart DO NOT WARRANT THAT (i) THE CONTENT IS ACCURATE, COMPLETE, RELIABLE OR CORRECT; (ii) THE SERVICE WILL MEET YOUR REQUIREMENTS; (iii) THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (iv) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DomainSmart OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DomainSmart, ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF DomainSmart HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TO USE PROMOTIONAL CODES OR DomainSmart POINTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (v) DomainSmart’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR BASIC SUBSCRIBER INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED OR OTHER THIRD-PARTY PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS

NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.